S T A T E   O F   N E W   Y O R K
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                                  4297

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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, in relation  to  creating  an
  exception to the competitive bidding process for certain purchases and
  contracts by political subdivisions, districts and local authorities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 103 of the general municipal  law,
as  amended  by  chapter  343 of the laws of 2007, is amended to read as
follows:
  3. (A) Notwithstanding the  provisions  of  subdivision  one  of  this
section,  any  officer, board or agency of a political subdivision or of
any district [therein] LOCATED WITHIN SUCH POLITICAL SUBDIVISION OR  ANY
LOCAL  AUTHORITY  THAT  IS  authorized  to  make purchases of materials,
equipment or supplies, or  to  contract  for  services,  may  make  such
purchases,  or may contract for services, other than services subject to
article eight or nine of the labor law, when available, through (I)  the
county  in which the political subdivision [or], district [is located or
through] OR LOCAL AUTHORITY IS LOCATED, SUBJECT TO THE RULES ESTABLISHED
PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED EIGHT-A OF THE COUN-
TY LAW; (II) ANY POLITICAL  SUBDIVISION,  DISTRICT  OR  LOCAL  AUTHORITY
LOCATED  WITHIN  SUCH  COUNTY, SUBJECT TO THE RULES ESTABLISHED IN PARA-
GRAPH (C) OF THIS SUBDIVISION; OR (III)  any  county  within  the  state
subject  to the rules established pursuant to subdivision two of section
four hundred eight-a of the county  law;  provided  that  the  political
subdivision  [or],  district  OR LOCAL AUTHORITY for which such officer,
board or agency acts shall accept sole responsibility  for  any  payment
due  the  vendor or contractor. All purchases and all contracts for such
services shall be subject to  audit  and  inspection  by  the  political
subdivision  [or],  district OR LOCAL AUTHORITY for which made. Prior to
making such purchases or contracts the officer, board  or  agency  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04351-01-9
              

S. 4297                             2

consider  whether  such  contracts will result in cost savings after all
factors, including charges for service,  material,  and  delivery,  have
been considered.
  (B)  No  officer, board or agency of a political subdivision or of any
district therein OR OF ANY LOCAL AUTHORITY shall make  any  purchase  or
contract  for  any  such services through [the county in which the poli-
tical subdivision or district is located or through  any  county  within
the  state  when]  ANY  COUNTY, POLITICAL SUBDIVISION, DISTRICT OR LOCAL
AUTHORITY DESCRIBED IN SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH  (A)
OF  THIS  SUBDIVISION,  IF  bids have been received for such purchase or
such services by such officer, board or agency, unless such purchase may
be made or the contract for such services may be entered into  upon  the
same terms, conditions and specifications at a lower price through [the]
SUCH  county,  POLITICAL  SUBDIVISION,  DISTRICT  OR LOCAL AUTHORITY, AS
APPLICABLE.
  (C) THE GOVERNING BOARD  OF  ANY  POLITICAL  SUBDIVISION,  OR  OF  ANY
DISTRICT  THEREIN,  OR  OF  ANY  LOCAL  AUTHORITY,  MAY  INCLUDE, IN ANY
PURCHASE CONTRACT OR ANY CONTRACT  FOR  SERVICES,  OTHER  THAN  SERVICES
SUBJECT  TO  ARTICLE  EIGHT OR NINE OF THE LABOR LAW, THAT IT INTENDS TO
AWARD AFTER ADVERTISEMENT FOR BIDS TO THE LOWEST RESPONSIBLE  BIDDER,  A
PROVISION WHEREBY PURCHASES MAY BE MADE OR SUCH SERVICES MAY BE OBTAINED
UNDER  SUCH  CONTRACT  BY  ANY  POLITICAL SUBDIVISION, DISTRICT OR LOCAL
AUTHORITY THAT IS LOCATED WITHIN THE SAME COUNTY AS THE POLITICAL SUBDI-
VISION, DISTRICT OR LOCAL AUTHORITY THAT AWARDS SUCH CONTRACT.  IN  SUCH
EVENT,  THE GOVERNING BOARD SHALL ADOPT RULES PRESCRIBING THE CONDITIONS
UNDER WHICH, AND THE MANNER IN WHICH, SUCH PURCHASES MAY BE MADE OR SUCH
SERVICES MAY BE OBTAINED BY POLITICAL SUBDIVISIONS, DISTRICTS  OR  LOCAL
AUTHORITIES LOCATED IN THE SAME COUNTY.
  S  2.  Section 100 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
  4. "LOCAL AUTHORITY" MEANS:
  A. A PUBLIC AUTHORITY OR PUBLIC  BENEFIT  CORPORATION  CREATED  BY  OR
EXISTING  UNDER THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW OF THE STATE
OF NEW YORK WHOSE MEMBERS DO NOT HOLD A CIVIL OFFICE OF THE  STATE,  ARE
NOT  APPOINTED  BY THE GOVERNOR OR ARE APPOINTED BY THE GOVERNOR SPECIF-
ICALLY UPON THE RECOMMENDATION OF THE LOCAL GOVERNMENT OR GOVERNMENTS;
  B. A NOT-FOR-PROFIT CORPORATION  AFFILIATED  WITH,  SPONSORED  BY,  OR
CREATED BY A COUNTY, CITY, TOWN OR VILLAGE GOVERNMENT;
  C. A LOCAL INDUSTRIAL DEVELOPMENTAL AGENCY OR AUTHORITY OR OTHER LOCAL
PUBLIC BENEFIT CORPORATION; OR
  D. AN AFFILIATE OF SUCH LOCAL AUTHORITY.
  S 3. This act shall take effect immediately.