58.10 - Electronic public bond sale pilot program.

* §  58.10  Electronic  public  bond  sale  pilot program. 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