S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6133
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT to amend the local finance law, in relation to the establishment
   of an electronic open auction public bond sale  pilot  program  solely
   for  certain  municipalities;  and  providing  for  the repeal of such
   provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  local finance law is amended by adding a new section
 58.20 to read as follows:
   § 58.20 ELECTRONIC OPEN AUCTION PUBLIC BOND SALE PILOT PROGRAM;  MUNI-
 CIPALITIES. A. AS USED IN THIS SECTION:
   1.  "MUNICIPALITY" MEANS THE COUNTY OF GENESEE.
   2. "NATIONALLY RECOGNIZED ELECTRONIC SECURITIES BIDDING SERVICE" MEANS
 A  BIDDING  SERVICE  THAT IS RECOGNIZED NATIONALLY BY MUNICIPAL USERS OF
 ELECTRONIC SECURITIES BIDDING SERVICES AS PROVIDING AN ACCURATE,  SECURE
 AND RELIABLE ON-LINE BIDDING SYSTEM.
   3.  "OPEN AUCTION" MEANS A BOND SALE PROCEDURE THAT ALLOWS A BIDDER TO
 RECEIVE INFORMATION WITH RESPECT TO THE STATUS OR RANK OF ITS BIDS PRIOR
 TO THE CONCLUSION OF THE BID SUBMISSION PERIOD AND IMPROVE  ITS  BID  BY
 SUBMITTING  A  BID AT A LOWER INTEREST RATE, AS A RESULT OF THE RECEIVED
 INFORMATION IN ACCORDANCE WITH THE MUNICIPALITY'S NOTICE  OF  SUCH  BOND
 SALE CIRCULATED IN ACCORDANCE WITH APPLICABLE REQUIREMENTS OF THIS CHAP-
 TER.
   4.  "PROGRAM" MEANS THE ELECTRONIC OPEN AUCTION PUBLIC BOND SALE PILOT
 PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
   B. THERE IS HEREBY ESTABLISHED AN ELECTRONIC OPEN AUCTION PUBLIC  BOND
 SALE PILOT PROGRAM SOLELY FOR MUNICIPALITIES, AUTHORIZING MUNICIPALITIES
 TO  CONDUCT OPEN AUCTION PUBLIC BOND SALES THROUGH ANY NATIONALLY RECOG-
 NIZED ELECTRONIC SECURITIES BIDDING SERVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02003-01-1
              

 A. 6133                             2
 
   C. THE CHIEF FISCAL OFFICER OF A MUNICIPALITY  MAY  ACCEPT  ELECTRONIC
 BIDS  SUBMITTED  IN  THE  FORM  OF  OPEN  AUCTIONS  CONDUCTED  THROUGH A
 NATIONALLY RECOGNIZED ELECTRONIC SECURITIES BIDDING SERVICE WHICH  SHALL
 BE DEEMED TO BE THE DESIGNATED RECEIVING DEVICE. NOTICE OF ANY BOND SALE
 SHALL  PROVIDE  FOR THE MANNER IN WHICH THE BID SUBMISSION PERIOD MAY BE
 EXTENDED AND THE BASIS FOR DETERMINATION OF THE WINNING BIDDER.
   D. NOTWITHSTANDING THE PROVISIONS OF SECTION THREE HUNDRED FIVE OF THE
 STATE TECHNOLOGY LAW OR ANY OTHER LAW, THE NOTICE OF SALE MAY CONTAIN  A
 PROVISION  THAT  BIDS WILL ONLY BE ACCEPTED ELECTRONICALLY IN THE MANNER
 PROVIDED IN SUCH NOTICE OF SALE.
   E. THE  MUNICIPALITY'S  CHIEF  FISCAL  OFFICER  SHALL  ADMINISTER  THE
 PROGRAM  AND MAY UTILIZE THE PROGRAM IN ACCORDANCE WITH THE POWERS HERE-
 TOFORE OR HEREAFTER DELEGATED TO THE CHIEF FISCAL OFFICER BY THE  LEGIS-
 LATIVE  BODY  OF THE MUNICIPALITY.   EXCEPT AS MODIFIED BY THIS SECTION,
 EACH MUNICIPAL PROGRAM SHALL COMPLY WITH  THIS  CHAPTER  AND  ALL  OTHER
 APPLICABLE LAWS RELATED TO THE SALE OF BONDS.
   F. THE MUNICIPALITY'S CHIEF FISCAL OFFICER SHALL REVIEW THE ELECTRONIC
 OPEN  AUCTION BIDDING PROCESS TO ENSURE THAT THE BOND SALE WAS COMPLETED
 IN A TIMELY FASHION; AND THE SALE WAS COMPLETED WITHOUT ERRORS.
   G.  1. THE MUNICIPALITY SHALL, ON OR BEFORE  FEBRUARY  FIRST  OF  EACH
 YEAR, CONDUCT ANNUAL EVALUATIONS OF ITS PILOT PROGRAM OR PROGRAMS WITH A
 SUMMARY  EVALUATION  AT  THE  END  OF  THE  TWO  YEAR OPEN AUCTION PILOT
 PROGRAM. THE MUNICIPALITY SHALL SUBMIT  THE  EVALUATIONS  TO  THE  STATE
 COMPTROLLER.
   2.  SUCH  REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) THE COST OF
 USING AN OPEN AUCTION PLATFORM; (II) A BIDDING ACTIVITY REPORT DETAILING
 THE WINNING BIDDER, THE NUMBER OF  BIDDERS,  THE  NUMBER  OF  BIDS,  THE
 NUMBER  OF  BID  IMPROVEMENTS,  AND THE NUMBER OF AUCTION EXTENSIONS (IF
 ANY); AND (III) ANY SAVINGS  ACHIEVED  THROUGH  THE  OPEN  AUCTION.  ANY
 SAVINGS SHALL BE CALCULATED BY DETERMINING THE COST DIFFERENTIAL BETWEEN
 THE INITIAL BID SUBMITTED AND THE WINNING BID IN AN OPEN AUCTION. IF THE
 INITIAL  BID  SUBMITTED  IS  THE  ULTIMATE WINNING BID, THE OPEN AUCTION
 SAVINGS WOULD BE ZERO DOLLARS.
   3. ANNUALLY, THE STATE COMPTROLLER SHALL COMPILE ALL  THE  INFORMATION
 RECEIVED  FROM  MUNICIPALITIES  PURSUANT  TO  THIS PARAGRAPH, AND, ON OR
 BEFORE APRIL FIRST OF EACH YEAR, SUBMIT SUCH COMPILED INFORMATION TO THE
 LEGISLATURE, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE
 ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
 THE ASSEMBLY.
   § 2. This act shall take effect immediately, and shall expire  and  be
 deemed repealed 2 years after such date.