S T A T E O F N E W Y O R K
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8584
2019-2020 Regular Sessions
I N A S S E M B L Y
September 13, 2019
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Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to procurement
reform
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 103 of the general municipal law is amended by
adding a new subdivision 1-d to read as follows:
1-D. IN DETERMINING THE LOWEST RESPONSIBLE BIDDER, THE APPROPRIATE
OFFICER, BOARD OR AGENCY FOR DETERMINING THE LOWEST RESPONSIBLE BIDDER
FOR A CITY WITH A POPULATION OF ONE MILLION OR MORE AND SUCH CITY'S
COMPTROLLER SHALL:
(A) REJECT ANY BIDS WHERE THE BIDDER IS A LEGAL ENTITY THAT DID NOT
PROVIDE THE NAMES OF ALL MEMBERS OF SUCH LEGAL ENTITY IN THEIR BID;
(B) REJECT ANY BIDS WHERE THE BIDDER: (I) HAS HAD ANY SAFETY, WAGE
THEFT, OR OTHER VIOLATIONS INVOLVING THE MISTREATMENT OF EMPLOYEES OR
CONTRACTORS; (II) HAS UNPAID FINES; (III) HAS A HISTORY OF PROJECTS NOT
BEING COMPLETED TIMELY; OR (IV) HAS A HISTORY OF PROJECTS THAT HAVE
REQUIRED SUBSTANTIAL ADDITIONAL COSTS AS COMPARED TO THEIR ORIGINAL
ACCEPTED BID;
(C) HAVE BINDING AUTHORITY TO REJECT A BID: (I) IN THE INTEREST OF
PUBLIC POLICY; (II) UPON SUCH APPROPRIATE OFFICER, BOARD OR AGENCY'S OR
SUCH COMPTROLLER'S FINDING THAT THE BIDDER IS NOT A RESPONSIBLE BIDDER;
OR (III) BASED ON ANY OTHER REASON SUCH APPROPRIATE OFFICER, BOARD OR
AGENCY OR SUCH COMPTROLLER DEEMS FIT; AND
(D) INFORM THE COMMUNITY BOARDS, OR THEIR EQUIVALENT, OF THE AFFECTED
AREA OF THE BIDDING PROCESS TAKING PLACE AND, AT LEAST THIRTY DAYS
BEFORE APPROVAL OR REJECTION OF THE BID, HOLD A PUBLIC HEARING WITHIN
THE COMMUNITY BOARDS THE PROJECT WILL BE LOCATED IN. IF A CONTRACT IS
AWARDED ON AN EMERGENCY BASIS, THE PUBLIC HEARING SHALL BE HELD WITHIN
SEVEN DAYS OF THE EMERGENCY ARISING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13552-02-9
A. 8584 2
§ 2. The general municipal law is amended by adding a new section
103-h to read as follows:
§ 103-H. REPRESENTATIVE STANDING. 1. WHERE A CAUSE OF ACTION ARISES
OUT OF NEGLIGENT CONSTRUCTION OR DEMOLITION PERFORMED BY A CONTRACTOR IN
THE COURSE OF BEING CONTRACTED WITH A CITY WITH A POPULATION OF ONE
MILLION OR MORE, ALL ELECTED OFFICIALS WHICH REPRESENT THE LOCATION IN
WHICH THE NEGLIGENT CONSTRUCTION OR DEMOLITION TOOK PLACE SHALL HAVE
STANDING TO SUE SUCH CONTRACTOR ON BEHALF OF THE CONSTITUENTS AFFECTED
BY SUCH NEGLIGENT CONSTRUCTION OR DEMOLITION.
2. IF AN ELECTED OFFICIAL SUES SUCH CONTRACTOR ESTABLISHING STANDING
TO DO SO UNDER THIS SECTION, ANY MONETARY JUDGMENT IN FAVOR OF THE SUING
ELECTED OFFICIAL SHALL ONLY BE USED TO PAY THE ELECTED OFFICIAL'S
REASONABLE LEGAL FEES AND TO REPAIR DAMAGE DONE TO PROPERTY BY SUCH
CONTRACTOR.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to all contracts issued on or after
such effective date.