senate Bill S6410

2011-2012 Legislative Session

Ensures compliance with competitive bidding law

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 06, 2012 referred to local government

S6410 - Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §103-h, amd §§103 & 35, Gen Muni L; add §164-a, St Fin L

S6410 - Summary

Ensures compliance with competitive bidding law.

S6410 - Sponsor Memo

S6410 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6410

                            I N  S E N A T E

                            February 6, 2012
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law and the state finance law,  in
  relation to ensuring compliance with the competitive bidding law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "municipal competitive bidding enforcement act."
  S  2.  The  general  municipal  law is amended by adding a new section
103-h to read as follows:
  S 103-H. ENFORCEMENT OF COMPETITIVE BIDDING LAW. 1.  DEFINITIONS.  (A)
"PROCUREMENT  ACTION"  MEANS ANY TRANSACTION WHICH IS CLAIMED TO CONSTI-
TUTE A CONTRACT FOR PUBLIC WORK INVOLVING AN EXPENDITURE  OF  MORE  THAN
TWENTY THOUSAND DOLLARS OR A PURCHASE CONTRACT INVOLVING THE EXPENDITURE
OF  MORE THAN TEN THOUSAND DOLLARS WHICH SHOULD BE AWARDED TO THE LOWEST
RESPONSIBLE BIDDER, AS PROVIDED BY SECTION ONE  HUNDRED  THREE  OF  THIS
ARTICLE.
  (B)  "GOOD  FAITH  BIDDER" MEANS ANY PERSON WHO HAS SUBMITTED A BID IN
RESPONSE TO AN ADVERTISEMENT FOR SEALED BIDS, OR WHO COULD SUBMIT A GOOD
FAITH BID ON A PROCUREMENT ACTION.
  2. COMPTROLLER'S OPINIONS. UPON A COMPLAINT FILED BY A TAXPAYER OF THE
POLITICAL SUBDIVISION OR BY A GOOD FAITH BIDDER, THE OFFICE OF THE STATE
COMPTROLLER SHALL ISSUE AN OPINION ON  WHETHER  A  PROPOSED  PROCUREMENT
ACTION  BY A POLITICAL SUBDIVISION COMPLIES WITH THE COMPETITIVE BIDDING
REQUIREMENTS OF SECTION ONE HUNDRED THREE OF THIS ARTICLE. THE COMPLAINT
SHALL SPECIFY THE PROCUREMENT ACTION THAT IS CLAIMED TO VIOLATE  SECTION
ONE  HUNDRED  THREE  OF  THIS ARTICLE. THE TAXPAYER OR GOOD FAITH BIDDER
SHALL SERVE A COPY OF THE COMPLAINT ON THE POLITICAL  SUBDIVISION  PRIOR
TO  SERVING THE COMPLAINT ON THE COMPTROLLER. UPON THE FILING OF A PRIMA
FACIE VALID COMPLAINT WITH THE COMPTROLLER, THE COMPTROLLER SHALL NOTIFY
THE POLITICAL SUBDIVISION. UPON RECEIPT OF SUCH NOTICE  FROM  THE  COMP-
TROLLER, THE POLITICAL SUBDIVISION MAY NOT PROCEED WITH THE COMPLAINT OF
PROCUREMENT  ACTION FOR A PERIOD OF THIRTY DAYS. IN RENDERING HIS OR HER
OPINION, THE COMPTROLLER  MAY  CONSULT    WITH  THE  OFFICE  OF  GENERAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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