|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to local government|
|Jan 09, 2013||referred to local government|
senate Bill S1042
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1042 - Details
- Law Section:
- General Municipal Law
- Laws Affected:
- Add §103-h, amd §§103 & 35, Gen Muni L; add §164-a, St Fin L
- Versions Introduced in 2011-2012 Legislative Session:
S1042 - Sponsor Memo
BILL NUMBER:S1042 TITLE OF BILL: An act to amend the general municipal law and the state finance law, in relation to ensuring compliance with the competitive bidding law PURPOSE OR GENERAL IDEA OF BILL: To ensure that local governments and their taxpayers receive the cost savings benefits of competitive bidding in local government purchasing by providing political subdivisions with comptroller's opinions on specific procurement actions and by holding political subdivisions accountable for complying with the competitive bidding law. SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill names this law the "Municipal Competitive Bidding Enforcement Act." Section two creates a new General Municipal Law § 103-h, which provides for the Comptroller to issue an opinion as to the legality of a political subdivision's proposed procurement action, authorizes the Attorney General to enjoin an illegal procurement action, allows a good faith bidder who should have won a contract to sue for damages, establishes a civil penalty for a willful and intentional violation of the law, and sets a fee for initiating a Comptroller's opinion. Section three clarifies how brand names may be used in bid specifications. Section four clarifies that
S1042 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1042 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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