NY State Senate Bill 2009-S3364

Senate Bill S3364

2009-2010 Legislative Session

Provides a waiver for minority and women-owned businesses upon request, and for plans and specifications on contracts available electronically or in non-paper format

download bill text pdf

Archive: Last Bill Status Via A8063 - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 26, 2010	advanced to third reading
Apr 21, 2010	2nd report cal.405 substituted for s3364
Apr 21, 2010	substituted by a8063
Apr 20, 2010	1st report cal.405
Jan 06, 2010	referred to finance
Mar 17, 2009	referred to finance

Votes

- Apr 20, 2010 - Finance Committee Vote
  S3364
  
  20
  
  Aye
  
  5
  
  Nay
  
  8
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Apr 20, 2010
      
      aye (20)
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (5)
      
      DeFrancisco
      
      Larkin
      
      Marcellino
      
      Maziarz
      
      Seward
      
      aye wr (8)
      
      Farley
      
      Hannon
      
      LaValle
      
      Leibell
      
      Nozzolio
      
      Robach
      
      Saland
      
      Volker

co-Sponsors

2009-S3364 (ACTIVE) - Details

See Assembly Version of this Bill:: A8063
Law Section:: State Finance Law
Laws Affected:: Amd §143, St Fin L

2009-S3364 (ACTIVE) - Summary

Provides a waiver for minority and women-owned businesses upon request, and for plans and specifications made available and obtained electronically or in any non-paper format from the board, division, bureau, agency, officer or commission of the state.

2009-S3364 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3364

 TITLE OF BILL :
An act to amend the state finance law, in relation to deposits on
plans and specifications for contracts for public works


 PURPOSE :

This legislation makes permissive the requirement for deposits that
State agencies currently must charge for bidders to obtain copies of
plans and specifications for public works projects.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends State Finance Law (SFL) § 143 to require
deposits on plans and specifications for contracts for public works
for minority and women-owned business enterprises on request, and
permit such waiver where plans and specifications are made available
in non-paper form.

Section 2 of the bill provides for an immediate effective date.

 EXISTING LAW :

SFL § 143 requires a deposit to be made by bidders with the

contracting agency for purposes of obtaining plans and specifications
for public works projects and for return of this material and the
deposit.

 LEGISLATIVE HISTORY :

These amendments were introduced in 2005 in the Senate (S.4205) and in
2007 in the Assembly and the Senate (A.8523/S.4002-A) but did not
advance out of committee.

 STATEMENT IN SUPPORT :

In preparation for bidding a construction project, over a hundred
copies of drawings and specifications are prepared for distribution on
a per-contract basis and inventoried for distribution. Prospective
bidders and suppliers then must purchase the bid documents directly
from the State agency pursuant to statute. Since drawings and
specifications are now produced electronically, printing and shipping
large drawings and books of specifications is more costly than
communicating this information for distribution electronically.

This bill will enable State agencies to waive the requirement of a
deposit for bid documents where such documents are produced and
available electronically or for certified minority and women owned
business enterprises pursuant to Executive Law Article 15-A.

 BUDGET IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3364 (ACTIVE) - Bill Text download pdf

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

                                  3364

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 17, 2009
                               ___________

Introduced  by  Sen.  KRUGER  --  (at  request  of the Office of General
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Finance

AN  ACT to amend the state finance law, in relation to deposits on plans
  and specifications for contracts for public works

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

  Section  1.  Subdivision 1 of section 143 of the state finance law, as
amended by chapter 43 of the  laws  of  1969,  is  amended  to  read  as
follows:
  1.  Notwithstanding  any  inconsistent  provision  of  any  general or
special law, the board, division, department, bureau, agency, officer or
commission of the state charged with the duty  of  preparing  plans  and
specifications  for  and  awarding  or  entering  into contracts for the
performance of public work [shall] MAY require the payment  of  a  fixed
sum  of  money, not exceeding one hundred dollars, for each copy of such
plans and specifications, by persons or  corporations  desiring  a  copy
thereof.  Any  person  or  corporation desiring a copy of such plans and
specifications and making the deposit required by this section shall  be
furnished with one copy of the plans and specifications. NOTWITHSTANDING
THE  ABOVE WHERE PAYMENT IS REQUIRED, IT SHALL BE WAIVED UPON REQUEST BY
MINORITY AND WOMEN-OWNED  BUSINESS  ENTERPRISES  CERTIFIED  PURSUANT  TO
ARTICLE  FIFTEEN-A OF THE EXECUTIVE LAW. SUCH PAYMENT MAY ALSO BE WAIVED
WHEN THE PLANS AND SPECIFICATIONS ARE MADE AVAILABLE AND OBTAINED  ELEC-
TRONICALLY  OR  IN  ANY NON-PAPER FORM FROM THE BOARD, DIVISION, DEPART-
MENT, BUREAU, AGENCY, OFFICER OR COMMISSION OF THE STATE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07872-01-9

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Senate Bill S3364

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Sponsored By

Carl Kruger