S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    191
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. MAGNARELLI, HUNTER -- read once and referred to
   the Committee on Local Governments
 
 AN ACT to amend the general municipal law, in  relation  to  modernizing
   and  increasing  the  transparency  of local government procurement of
   goods and services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "local government procurement modernization and transparency act".
   § 2. Section 103 of the general municipal law is amended by  adding  a
 new subdivision 17 to read as follows:
   17.  (A) AS AN ALTERNATIVE TO THE NOTICE PROCEDURE SET FORTH IN SUBDI-
 VISION TWO OF THIS SECTION, A POLITICAL SUBDIVISION MAY  PROVIDE  NOTICE
 OF  REQUESTS  FOR  BIDS  BY POSTING THE   REQUESTS ON THE NEW YORK STATE
 CONTRACT REPORTER WEBSITE.  IN  ADDITION,  THE  MUNICIPALITY  MUST  POST
 NOTICE  OF  REQUESTS  FOR  BIDS ON A WEBSITE MAINTAINED BY THE POLITICAL
 SUBDIVISION ITSELF. BEFORE  A  POLITICAL  SUBDIVISION  MAY  UTILIZE  THE
 ONLINE  NOTIFICATION  METHOD OUTLINED IN THIS SUBDIVISION, THE POLITICAL
 SUBDIVISION MUST ADOPT A LOCAL LAW WHICH PROVIDES THAT ALL REQUESTS  FOR
 BIDS  WILL  BE POSTED ONLINE PURSUANT TO THE PROCEDURES OUTLINED IN THIS
 SUBDIVISION. AFTER A POLITICAL SUBDIVISION ADOPTS A LOCAL  LAW  PURSUANT
 TO  THIS PARAGRAPH, NOTICE OF THE LOCAL LAW'S ADOPTION MUST BE PUBLISHED
 ONCE A WEEK FOR THREE CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCU-
 LATION WITHIN THE POLITICAL SUBDIVISION. IN ADDITION, A POLITICAL SUBDI-
 VISION MUST CONTINUOUSLY AND CONSPICUOUSLY  POST  ON  ITS  WEBSITE  THAT
 NOTICES  OF  REQUESTS  FOR  BIDS  ARE  POSTED  ONLINE WITH A LINK TO THE
 WEBPAGE WHERE CURRENT AND PREVIOUS REQUESTS FOR BIDS HAVE BEEN POSTED.
   (B) ONCE A POLITICAL SUBDIVISION HAS DESIGNATED THE ONLINE BID NOTIFI-
 CATION PROCESS AS THE METHOD FOR REQUESTING BIDS, EACH REQUEST FOR  BIDS
 MUST  BE  CONTINUOUSLY POSTED FOR AT LEAST FIVE CONSECUTIVE DAYS ON BOTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00282-01-3
 A. 191                              2
 
 THE POLITICAL SUBDIVISION'S WEBSITE AND  THE  NEW  YORK  STATE  CONTRACT
 REPORTER  WEBSITE  BEFORE  THE  BID OPENING DEADLINE. FOR THE PURPOSE OF
 CALCULATING THE NUMBER OF DAYS, THE FIRST DAY THE REQUEST  FOR  BIDS  IS
 POSTED  ONLINE  MAY NOT BE COUNTED BUT THE DAY OF THE BID OPENING MAY BE
 COUNTED. THE WEBSITE POSTING MUST INCLUDE THE BID SPECIFICATIONS, UNLESS
 IT IS INFEASIBLE TO POST THE BID SPECIFICATIONS ON THE WEBSITE IN  WHICH
 CASE  A  SUMMARY  OF  THE  REQUEST FOR BIDS MUST BE POSTED ONLINE WITH A
 STATEMENT THAT THE COMPLETE BID  SPECIFICATIONS  ARE  AVAILABLE  IN  THE
 OFFICE  OF  THE  CLERK OF THE POLITICAL SUBDIVISION. THE WEBSITE POSTING
 MUST ALSO INCLUDE A STATEMENT INDICATING THE ADDRESS TO WHICH BIDS  MUST
 BE DELIVERED AND A STATEMENT OF THE DATE, TIME, AND PLACE WHERE THE BIDS
 WILL BE PUBLICLY OPENED AND READ.
   (C) NOTHING IN THIS SUBDIVISION PRECLUDES A POLITICAL SUBDIVISION FROM
 PUBLICIZING  NOTICES  OF A REQUEST FOR BIDS IN OTHER MANNERS IN ADDITION
 TO THE METHODS OUTLINED IN THIS SUBDIVISION. NOTHING IN THIS SUBDIVISION
 PRECLUDES A NEWSPAPER FROM PUBLISHING  INFORMATION  OF  ITS  OWN  ACCORD
 REGARDING  ANY  POLITICAL  SUBDIVISION'S  NOTICE  OF REQUEST FOR BIDS OR
 REQUEST FOR PROPOSALS.
   § 3. This act shall take effect immediately.