S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8584
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 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.