NY State Senate Bill 2017-S165

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to local government
Jan 04, 2017	referred to local government

2017-S165 (ACTIVE) - Details

See Assembly Version of this Bill:: A6145
Current Committee:: Senate Local Government
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 Other Legislative Sessions:: 2011-2012: S6410
2013-2014: S1042
2015-2016: S376, A7372
2019-2020: S1031, A3297
2021-2022: A5991

2017-S165 (ACTIVE) - Summary

Ensures compliance with competitive bidding law by municipalities.

2017-S165 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S165

 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 bids are
public records. Section five establishes that a political subdivision
shall respond to a Comptroller's audit that finds a violation of the
competitive bidding law. Section six provides that the office of
general services should supply bid specifications to political
subdivisions.

 JUSTIFICATION :

There is currently no effective means of ensuring that local
governments comply with the municipal competitive bidding law, which
is designed to keep the cost of public contracts as low as reasonably
possible. General Municipal Law § 103(1) requires that a political
subdivision competitively bid public works contracts of more than
$20,000 and purchase contracts of more than $10,000. The term
"political subdivision" includes a municipal corporation, school
district, district corporation and BOCES. GML § 100(1). The purpose of
the competitive bidding law is "to assure the prudent and economical
use of public moneys for the benefit of all the inhabitants of the
state and to facilitate the acquisition of facilities and commodities
of maximum quality at the lowest possible cost." GML § 100-a. The
means to this end is to buy in the market, with the benefit of market
forces on prices. The businesses that bid on contracts have an
important role to play in this scheme. While the competitive bidding
statute was not enacted for the benefit or enrichment of bidders
"logic and experience teach that competition for public contracts may
be promoted only by fostering a sense of confidence in potential
bidders that their bids will be fairly considered."

 FISCHBACH & MOORE V. N.Y.C. TRANSIT AUTHORITY , 79 A.D.  2d 14, 20.
Several studies have found a high incidence of violations of the
competitive bidding law. The staff of the Assembly Committee on
oversight, Analysis and Investigation examined audits of individual
municipalities that the Comptroller filed during a thirteen-month
period in 1991-92. Out of a total of 852 municipalities audited, the
Comptroller found competitive bidding violations in 206, or 24%, of
the municipalities. The kinds of violations included improper bid
splitting, abuses of change orders, overly restrictive bid
specifications and simply not bothering to competitively bid when it
was required. Many of the municipalities were repeat offenders; in 27
cases a previous Comptroller's audit had cited the municipality for
violating the competitive bidding law.

The Oversight Committee survey confirmed findings that the comptroller
had made in a 1988 study entitled:

 STATEWIDE SURVEY OF LOCAL GOVERNMENT: PURCHASING PRACTICES CT. :

The Comptroller found that: The results of our survey confirmed the
continuation of a long-standing problem with municipal purchasing
practices, namely the failure to competitively bid those purchases
required by law.... The seriousness of the problem is demonstrated by
the fact that many of our regularly scheduled audits have repeatedly
disclosed instances where items should have been competitively bid but
were not.

 SURVEY , at 7. In 1994, Assemblyman Robert K. Sweeney issued a report
which also found violations of the competitive bidding laws by school
and local government officials. The Assemblyman's report focused
particularly on abuses involving overly restrictive bid specifications
that limited bidding to only specified brand names.  The report noted
the lack of any effective mechanism for assuring compliance with the
law. The absence of an enforcement mechanism is a key element in how
the competitive bidding law can be ignored.

The Comptroller does perform audits of municipalities and those audits
do address competitive bidding issues. However, when the Comptroller
does find violations, he has no power to require that the situation be
corrected. Indeed, a municipality is not even required to respond to a
Comptroller's audit. See GML § 35 Subd. 4(b) (1). The Attorney General
does not have jurisdiction over governmental violations of the
competitive bidding law, unless the abuse rises to the level of
criminal conduct, such as bribe-taking. A frustrated bidder or
taxpayer may sue to stop a contract, but a frustrated bidder has no
right to a contract award or to damages. If the court finds an
illegally let contract, the municipality can generally just redo the
bidding and contracting process. There is no meaningful incentive for
the frustrated bidder to bear the expense of litigating to enforce the
competitive bidding law. See,

 E.G., JANVEY & SONS. COUNTY OF NASSAU , 60 N.Y.2d 887.  The bill
approaches the problem in two ways. First, the bill tries to help
political subdivisions to follow the law by providing them with
informed opinions on the legality of procurement actions and with
particularized information on proper bid specifications. Secondly, the
bill creates an enforcement mechanism that holds a political
subdivision accountable when it ignores warnings of illegal conduct.
The cornerstone of the bill (GML § 103-g) is a new procedure that
allows a taxpayer or frustrated bidder to obtain a Comptroller's
opinion on the legality of a proposed procurement action. The
Comptroller has a great deal of expertise in municipal procurement due
to the Comptroller's auditing in this area.  The proposed
Comptroller's opinions, like municipal audits, would enable the
Comptroller to better perform his duty of supervising the accounts of
political subdivisions. If the Comptroller opines that the proposed
procurement action is illegal, the hope is that the political
subdivision would refrain from so acting.

If the political subdivision chooses to disregard the Comptroller's
warning, there may be two consequences. First, the Attorney General is
authorized to sue to enjoin the procurement action. Second, a
frustrated bidder, who should have won the contract, may sue for
damages of three times the amount of its lost profits. In either case,
the court would grant relief only if the court independently finds
that the procurement action was illegal. The potential for money
damages does entail the possibility that the political subdivision,
and its taxpayers, would experience a monetary loss in the short term.
This is the incentive for a political subdivision to adhere to the
law. However, it is expected that adherence to the competitive bidding
laws in the long term will result in a net gain for the political
subdivision and its taxpayers, recognizing that a primary goal of
competitive bidding laws is to ensure for the municipality the best
price for the goods being purchased. It bears emphasizing that a
municipality may easily avoid any loss simply by abiding by the
Comptroller's opinion.

The bill (GML § 103-g(4) (b)) also allows a Court to award limited
damages to a frustrated bidder when there has been no Comptroller's
opinion of illegality and the court nevertheless finds the procurement
action to be illegal. In the rare case where a court voids a contract
for illegality after a municipality has already received performance,
the court ordinarily awards the performing party its costs, which
usually results in the municipality saving money off the contract
price. The bill allows a frustrated bidder, without a supporting
Comptroller opinion, to recover no more than the amount saved by the
political subdivision by the voiding of the contract. The bill (GML §
103-g (6)) includes a one-hundred-dollar fee for filing a complaint
initiating a Comptroller's opinion. The fee is designed to fund the
Comptroller's work, as well as to provide a mechanism for screening
out frivolous complaints.

The bill (GML 103-g(5)) also establishes a civil penalty for a govern-
mental official who willfully and intentionally violates the
competitive bidding law. The problem of overly restrictive bid
specifications is specifically addressed in the bill. Section three
codifies the case law rule that specifications may not be unduly
restrictive and clarifies how brand names may be used in bid
specifications. Section six allows political subdivisions to make
greater use of the expertise of the office of general services in
developing bid specifications. Other provisions of the bill clarify
that bids are public records (section four) and would require a
response to a Comptroller's audit finding that a political subdivision
violated the competitive bidding law (section five).

 LEGISLATIVE HISTORY :

2012: 5.3052 - Kruger
2013-2014: S1042
2015-2016: S376

 FISCAL IMPLICATIONS :

The additional work of the Comptroller will be funded by fees paid by
those who avail themselves of the new procedures.

 EFFECTIVE DATE :
The first of January next succeeding the date on which it shall have
become law; provided, however, the amendments to subdivision 2 of
section 103 of the general municipal law made by section four of this
act shall not affect the expiration and reversion of such subdivision
as provided in subdivision (a) of section of part X of chapter 62 of
the laws of 2003, as amended, when upon such date the provisions of
section five of this act shall take effect.

2017-S165 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    165
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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".
   §  2.  The  general  municipal  law is amended by adding a new section
 103-h to read as follows:
   § 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  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 SPECI-
 FY 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 POLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00880-01-7

 S. 165                              2
 
 TICAL SUBDIVISION. UPON RECEIPT OF SUCH NOTICE FROM THE COMPTROLLER, 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 SERVICES AS TO THE
 REASONABLENESS AND VALIDITY OF ANY BID SPECIFICATIONS.  THE  COMPTROLLER
 SHALL ISSUE A WRITTEN OPINION PURSUANT TO THIS SUBDIVISION WITHIN THIRTY
 DAYS  OF  SUCH  NOTICE  TO  THE POLITICAL SUBDIVISION AND SHALL PROMPTLY
 SERVE COPIES OF THE OPINION ON THE  POLITICAL  SUBDIVISION  AND  ON  THE
 COMPLAINING PARTY.
   3. ATTORNEY GENERAL. IF THE COMPTROLLER'S OPINION IS THAT THE PROCURE-
 MENT ACTION WOULD VIOLATE SECTION ONE HUNDRED THREE OF THIS ARTICLE, THE
 COMPTROLLER  SHALL TRANSMIT A COPY OF THE OPINION TO THE ATTORNEY GENER-
 AL. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTORNEY GENERAL  IS
 AUTHORIZED  TO BRING A SPECIAL PROCEEDING IN THE SUPREME COURT TO HAVE A
 PROCUREMENT ACTION ENJOINED OR DECLARED NULL AND VOID ON THE GROUND THAT
 IT IS IN VIOLATION OF SECTION ONE HUNDRED THREE OF THIS ARTICLE.
   4. DAMAGES TO GOOD FAITH BIDDER. A GOOD  FAITH  BIDDER  MAY  BRING  AN
 ACTION  IN THE SUPREME COURT TO RECOVER DAMAGES AND ATTORNEY'S FEES FROM
 A POLITICAL SUBDIVISION, WHICH ENGAGES IN A  VIOLATION  OF  SECTION  ONE
 HUNDRED  THREE OF THIS ARTICLE. THE COURT SHALL AWARD DAMAGES AND ATTOR-
 NEY'S FEES IF THE COURT FINDS THAT THE GOOD FAITH BIDDER WOULD HAVE BEEN
 THE LOWEST RESPONSIBLE  BIDDER,  BUT  FOR  THE  POLITICAL  SUBDIVISION'S
 VIOLATION  OF  SECTION  ONE  HUNDRED THREE OF THIS ARTICLE. THE COURT IS
 AUTHORIZED IN ANY SUCH ACTION TO DECLARE AN ILLEGALLY  AWARDED  CONTRACT
 TO BE NULL AND VOID.
   (A)  IF  THE  COMPTROLLER  HAS  ISSUED AN OPINION THAT THE PROCUREMENT
 ACTION WOULD BE IN VIOLATION OF SECTION ONE HUNDRED THREE OF THIS  ARTI-
 CLE  AND  THE  POLITICAL  SUBDIVISION  HAS THEREAFTER PROCEEDED WITH THE
 PROCUREMENT ACTION, THE MEASURE OF DAMAGES SHALL BE THREE TIMES THE GOOD
 FAITH BIDDER'S LOST PROFITS.
   (B) IF THE COMPTROLLER HAS NOT ISSUED AN OPINION THAT THE  PROCUREMENT
 ACTION  WOULD BE IN VIOLATION OF SECTION ONE HUNDRED THREE OF THIS ARTI-
 CLE, THE MEASURE OF DAMAGES SHALL BE THE LESSER OF (I)  THE  GOOD  FAITH
 BIDDER'S  LOST  PROFITS AND (II) THE DIFFERENCE BETWEEN THE PRICE OF THE
 NULLIFIED CONTRACT AND ANY AMOUNT THAT THE COURT AWARDS  TO  THE  PERSON
 WHO PERFORMED ON THE NULLIFIED CONTRACT.
   5.  CIVIL  PENALTY.  ANY  PERSON  WHO SHALL WILFULLY AND INTENTIONALLY
 VIOLATE THE COMPETITIVE BIDDING  REQUIREMENTS  OF  SECTION  ONE  HUNDRED
 THREE  OF THIS ARTICLE SHALL BE PERSONALLY LIABLE FOR A CIVIL PENALTY OF
 NOT MORE THAN ONE THOUSAND DOLLARS. IN A PROCEEDING BROUGHT PURSUANT  TO
 THIS SECTION, THE COMPTROLLER'S OPINIONS AND AUDITS MAY BE ADMITTED INTO
 EVIDENCE  ON  THE ISSUE OF THE RESPONDENT'S STATE OF MIND, PROVIDED THAT
 (A) THE OPINION OR AUDIT WAS ISSUED PRIOR TO THE ALLEGED VIOLATION,  (B)
 THE  OPINION  OR  AUDIT  WAS  ISSUED NO MORE THAN TEN YEARS PRIOR TO THE
 ALLEGED VIOLATION, AND (C) THE OPINION OR AUDIT CONCERNED THE SAME  KIND
 OF ITEM OR SAME KIND OF PRACTICE AS THE ALLEGED VIOLATION.
   6.  COMPLAINT  FEE.  WHENEVER  THE COMPTROLLER ACCEPTS A COMPLAINT FOR
 FILING PURSUANT TO THIS  SECTION,  THE  COMPTROLLER  SHALL  REQUIRE  AND
 COLLECT A FEE OF ONE HUNDRED DOLLARS, WHICH SHALL BE PAID INTO THE STATE
 TREASURY  AND WHICH SHALL, SO FAR AS IS NECESSARY, BE APPROPRIATED ANNU-
 ALLY BY THE LEGISLATURE TO THE COMPTROLLER TO BE  USED  IN  IMPLEMENTING
 THIS ARTICLE.
   §  3.  Section 103 of the general municipal law is amended by adding a
 new subdivision 14 to read as follows:
   14. EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED BY THIS ARTICLE, A  POLI-
 TICAL SUBDIVISION SHALL NOT REQUIRE THAT BIDS CONFORM TO UNDULY RESTRIC-

 S. 165                              3

 TIVE  SPECIFICATIONS.  ALL  SPECIFICATIONS  SHALL  BE  DRAFTED  SO AS TO
 PROMOTE OVERALL ECONOMY FOR  THE  PURPOSES  INTENDED  AND  TO  ENCOURAGE
 COMPETITION  IN  SATISFYING  THE  NEEDS  OF THE POLITICAL SUBDIVISION. A
 BRAND  NAME  MAY  BE  USED  AS A SPECIFICATION ONLY IF THE SPECIFICATION
 CLEARLY STATES THAT THE BRAND NAME OR EQUIVALENT IS ACCEPTABLE. WHERE  A
 BRAND  NAME  OR  EQUIVALENT SPECIFICATION IS USED IN A BID SOLICITATION,
 THE SOLICITATION SHALL CONTAIN EXPLANATORY LANGUAGE THAT THE  USE  OF  A
 BRAND  NAME  IS  FOR  THE PURPOSE OF DESCRIBING THE STANDARD OF QUALITY,
 PERFORMANCE AND CHARACTERISTICS DESIRED AND IS NOT INTENDED TO LIMIT  OR
 RESTRICT  COMPETITION.  IN  ANY  OPINION,  PROCEEDING  OR ACTION BROUGHT
 PURSUANT TO SECTION ONE HUNDRED THREE-H OF THIS ARTICLE, A BID  SPECIFI-
 CATION DEVELOPED AND PROVIDED BY THE OFFICE OF GENERAL SERVICES SHALL BE
 DEEMED VALID.
   §  4.  Subdivision  2  of section 103 of the general municipal law, as
 amended by section 1 of chapter 367 of the laws of 2014, is  amended  to
 read as follows:
   2.  Advertisement  for bids and offers shall be published in the offi-
 cial newspaper or newspapers, if any, or otherwise  in  a  newspaper  or
 newspapers  designated  for  such  purpose  and  may be published in the
 procurement opportunities newsletter pursuant to article four-C  of  the
 economic  development  law. Such advertisement shall contain a statement
 of the time when and place where all  bids  received  pursuant  to  such
 notice  will  be  publicly opened and read and where the identity of all
 offerers will be publicly disclosed, and the designation of the  receiv-
 ing  device  if the political subdivision or district has authorized the
 receipt of bids and offers in an electronic format. Such board or agency
 may by resolution designate any officer or employee to open the bids and
 offers at the time and place specified  in  the  notice.  Such  designee
 shall  make  a record of such bids and offers in such form and detail as
 the board or agency shall prescribe and present the  same  at  the  next
 regular  or  special  meeting of such board or agency. All bids received
 shall be publicly opened and read at the time and place so specified and
 the identity of all offerers shall be publicly disclosed at the time and
 place so specified. ALL BIDS RECEIVED AND OPENED SHALL BE PUBLIC RECORDS
 AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND COPYING. At least  five
 days  shall  elapse  between the first publication of such advertisement
 and the date so specified for  the  opening  and  reading  of  bids  and
 offers.
   §  5.  Subdivision  2  of section 103 of the general municipal law, as
 amended by section 2 of chapter 367 of the laws of 2014, is  amended  to
 read as follows:
   2.  Advertisement  for bids and offers shall be published in the offi-
 cial newspaper or newspapers, if any, or otherwise  in  a  newspaper  or
 newspapers  designated  for  such  purpose  and  may be published in the
 procurement opportunities newsletter pursuant to article four-C  of  the
 economic  development  law. Such advertisement shall contain a statement
 of the time when and place where all  bids  received  pursuant  to  such
 notice  will  be  publicly opened and read and where the identity of all
 offerers will be publicly disclosed. Such board or agency may by  resol-
 ution  designate  any officer or employee to open the bids and offers at
 the time and place specified in the notice. Such designee shall  make  a
 record  of  such bids and offers in such form and detail as the board or
 agency shall prescribe and present the  same  at  the  next  regular  or
 special  meeting  of  such  board  or agency. All bids received shall be
 publicly opened and read at the time and  place  so  specified  and  the
 identity  of  all  offerers  shall be publicly disclosed at the time and

 S. 165                              4
 
 place so specified. ALL BIDS RECEIVED AND OPENED SHALL BE PUBLIC RECORDS
 AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND COPYING. At least  five
 days  shall  elapse  between the first publication of such advertisement
 and  the  date  so  specified  for  the  opening and reading of bids and
 offers.
   § 6. Subparagraph 1 of paragraph (b) of subdivision 4 of section 35 of
 the general municipal law, as amended by chapter  692  of  the  laws  of
 1989, is amended to read as follows:
   (1)  Not  later  than  ninety days after presentation to the governing
 board of a report of examination performed by the office  of  the  state
 comptroller,  or  receipt  by  the  governing  board of any report of an
 external audit performed by an  independent  public  accountant  or  any
 management letter in conjunction with such an audit, the governing board
 may,  in  its  discretion,  provide  to the comptroller, and file in the
 office of the clerk, or with the secretary if there is no clerk, of  the
 municipal  corporation,  industrial development agency, district, agency
 or activity, a written response to the findings and recommendations,  if
 any,  in the report or letter. PROVIDED, HOWEVER, THAT IF SUCH REPORT OR
 LETTER CONTAINS A FINDING THAT THE COMPETITIVE BIDDING  REQUIREMENTS  OF
 SECTION  ONE  HUNDRED THREE OF THIS CHAPTER WERE VIOLATED, THE GOVERNING
 BOARD MUST FILE A WRITTEN RESPONSE. In  the  case  of  municipal  corpo-
 rations,  industrial  development  agency, districts, agencies or activ-
 ities subject to examination by the commissioner of education, any writ-
 ten response shall also be provided to such commissioner.
   § 7. The state finance law is amended by adding a new section 164-a to
 read as follows:
   § 164-A. PROVIDING BID SPECIFICATIONS TO POLITICAL SUBDIVISIONS.   THE
 COMMISSIONER OF GENERAL SERVICES SHALL PROVIDE TO ANY POLITICAL SUBDIVI-
 SION,  AT  NO CHARGE, ANY SPECIFICATION THAT THE COMMISSIONER HAS DEVEL-
 OPED FOR ITEMS TO BE LET FOR BIDS IN PURCHASE CONTRACTS. THE COMMISSION-
 ER MAY DEVELOP ADDITIONAL SPECIFICATIONS AT THE REQUEST OF ANY POLITICAL
 SUBDIVISION AND MAY PROVIDE SUCH SPECIFICATIONS TO THE POLITICAL  SUBDI-
 VISION AND MAY CHARGE THE POLITICAL SUBDIVISION FOR THE COST OF DEVELOP-
 ING SUCH SPECIFICATIONS.
   §  8.  If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to be  invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof,  but  shall  be  confined in its operation to the clause, sentence,
 paragraph, section or part thereof directly involved in the  controversy
 in which such judgment shall have been rendered.
   §  9. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law; provided, however, the
 amendments to subdivision 2 of section 103 of the general municipal  law
 made  by  section  four  of this act shall not affect the expiration and
 reversion of such subdivision pursuant to subdivision (a) of section  41
 of  part X of chapter 62 of the laws of 2003, as amended, when upon such
 date the provisions of section five of this act shall take effect.

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Senate Bill S165

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2017-S165 (ACTIVE) - Details

2017-S165 (ACTIVE) - Summary

2017-S165 (ACTIVE) - Sponsor Memo

2017-S165 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S165

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Local Government Committee

2017-S165 (ACTIVE) - Details

2017-S165 (ACTIVE) - Summary

2017-S165 (ACTIVE) - Sponsor Memo

2017-S165 (ACTIVE) - Bill Text download pdf

Comments