S T A T E   O F   N E W   Y O R K
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                                  1273

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. SCHIMEL -- Multi-Sponsored by -- M. of A. BREN-
  NAN, CONTE, CROUCH, FINCH, GABRYSZAK, GALEF, GIGLIO, GUNTHER,  HOOPER,
  JAFFEE,  KELLNER,  KOLB, McKEVITT, J. MILLER, MOLINARO, REILLY, ROBIN-
  SON, SCHIMMINGER, SPANO, THIELE, WEISENBERG, ZEBROWSKI  --  read  once
  and referred to the Committee on Local Governments

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

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

                                                           LBD01520-01-1

A. 1273                             2

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
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.