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

           S. 5728                                                  A. 8628

                              2009-2010 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                     June 1, 2009
                                      ___________

       IN SENATE -- Introduced by Sen. AUBERTINE -- (at request of the Legisla-
         tive Commission on Rural Resources) -- read twice and ordered printed,
         and when printed to be committed to the Committee on Local Government

       IN  ASSEMBLY -- Introduced by M. of A. KOON -- read once and referred to
         the Committee on Local Governments

       AN ACT to amend the general municipal  law,  in  relation  to  municipal
         bidding

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

    1    Section 1. Subdivision 3 of section 103 of the general municipal  law,
    2  as  amended  by  chapter  343 of the laws of 2007, is amended to read as
    3  follows:
    4    3. Notwithstanding the provisions of subdivision one of this  section,
    5  any  officer,  board  or  agency  of  a  political subdivision or of any
    6  district therein authorized to make purchases of materials, equipment or
    7  supplies, or to contract for services, may make such purchases,  or  may
    8  contract for services, other than services subject to article [eight or]
    9  nine  of  the labor law, when available, through the county in which the
   10  political subdivision or district is located or through any county with-
   11  in the state subject to the rules established  pursuant  to  subdivision
   12  two of section four hundred eight-a of the county law; provided that the
   13  political subdivision or district for which such officer, board or agen-
   14  cy  acts shall accept sole responsibility for any payment due the vendor
   15  or contractor. All purchases and all contracts for such  services  shall
   16  be  subject  to  audit  and  inspection  by the political subdivision or
   17  district for which made. Prior to making such purchases or contracts the
   18  officer, board or agency shall  consider  whether  such  contracts  will
   19  result in cost savings after all factors, including charges for service,
   20  material, and delivery, have been considered. No officer, board or agen-
   21  cy  of a political subdivision or of any district therein shall make any

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11820-01-9
       S. 5728                             2                            A. 8628

    1  purchase or contract for any such services through the county  in  which
    2  the  political  subdivision or district is located or through any county
    3  within the state when bids have been received for such purchase or  such
    4  services  by  such officer, board or agency, unless such purchase may be
    5  made or the contract for such services may be entered into upon the same
    6  terms, conditions and specifications at a lower price through the  coun-
    7  ty.
    8    S 2. This act shall take effect immediately.