Section 58.10. Electronic public bond sale pilot program  


Latest version.
  • a. There is
      hereby  established  an  electronic  public  bond  sale  pilot   program
      (referred  to in this section as the "program") solely for the county of
      Westchester (referred to in this section as  the  "county")  authorizing
      the  county  to  conduct  public bond sales through any bidding services
      that are recognized nationally by the predominant  users  of  electronic
      securities  bidding  services  as  providing  an  accurate,  secure  and
      reliable on-line bidding system (referred  to  in  this  section  as  "a
      nationally recognized electronic securities bidding service").
        b.  If  the  finance board of the county has authorized the receipt of
      bids in electronic format, such electronic bids may be submitted in  the
      form  of open auctions or closed auctions conducted through a nationally
      recognized electronic securities bidding service which shall  be  deemed
      to  be the designated receiving device. "Open auction" shall mean a bond
      sale procedure that allows a bidder to receive information with  respect
      to the ranking of its bids prior to the conclusion of the bidding period
      in  accordance  with  the provisions of the county's notice of such bond
      sale circulated in  accordance  with  applicable  requirements  of  this
      chapter. "Closed auction" shall mean a bond sale procedure that does not
      allow a bidder to receive information with respect to the ranking of its
      bids  prior  to  the conclusion of the bidding period. Such notice shall
      provide for the manner in which the bidding period may be  extended  and
      the basis for determination of the winning bidder.
        c. Notwithstanding the provisions of section three hundred five of the
      state  technology law or any other law, if the notice of sale contains a
      provision that bids will only be accepted electronically in  the  manner
      provided  in  such  notice  of sale, the county shall not be required to
      accept non-electronic bids in any form.
        d. The county's chief fiscal officer shall administer the program  and
      shall  publish  its  policies  and  procedures  for  the  procurement of
      electronic securities bidding services on the county's internet  website
      and  in a nationally recognized publication used by professionals in the
      bond market. Except as modified by  this  section,  the  county  program
      shall  comply with this chapter and all other applicable laws, rules and
      regulations related to the sale of bonds.
        e. The county's chief  fiscal  officer  shall  review  the  electronic
      bidding  process  to ensure that the bond sale was completed in a timely
      fashion; the sale was completed without errors; and the results achieved
      were favorable as compared to the manual method currently  used  by  the
      county.
        f.  The county shall conduct evaluations of the pilot program annually
      with a summary evaluation at the end of the three  year  pilot  program.
      The  county  will  submit  the evaluations to the state comptroller, the
      temporary president of the senate and the speaker of the assembly.  Such
      report  shall  include, but not be limited to, any demonstrated evidence
      that sale of public bonds using electronic auctions is comparable to the
      cost of issuing public bonds through the  current  sealed  bid  process,
      that  the  use of electronic auctions resulted in an increased number of
      bidders and whether the results achieved for public bond sales conducted
      through electronic auctions achieved savings compared to the current bid
      process used by the county.
        * NB Repealed August 11, 2012