S T A T E O F N E W Y O R K
________________________________________________________________________
5559--A
2009-2010 Regular Sessions
I N S E N A T E
May 15, 2009
___________
Introduced by Sens. OPPENHEIMER, THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law and the general municipal law, in
relation to assignment of contracts by school districts; to amend
chapter 738 of the laws of 1988, amending the administrative code of
the city of New York and other laws relating to establishing the New
York city school construction authority, in relation to extending
certain provisions of such chapter relating to certain contracts of
the authority; to amend the public authorities law, in relation to
extending certain provisions regarding the award of construction
contracts by the New York city school construction authority and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. THE COMMISSIONER SHALL COMMISSION A SURVEY ON THE IMPACT OF
EXEMPTING SCHOOL DISTRICTS FROM THE SEPARATE BIDDING REQUIREMENTS OF THE
GENERAL MUNICIPAL LAW PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX OF
SECTION ONE HUNDRED ONE OF THE GENERAL MUNICIPAL LAW. SUCH STUDY SHALL
INCLUDE THE IMPACT ON TIMEFRAMES FOR COMPLETING CONSTRUCTION AND
IMPROVEMENT PROJECTS, THE OVERALL COSTS OF SUCH PROJECTS AND THE INTEG-
RITY OF THE BIDDING PROCESS. THE COMMISSIONER SHALL ISSUE THE RESULTS OF
SUCH SURVEY TO THE GOVERNOR, THE STATE COMPTROLLER, THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY IN THE FOURTH YEAR
FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION.
S 2. Section 101 of the general municipal law is amended by adding a
new subdivision 6 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11887-03-9
S. 5559--A 2
6. A. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION AND ANY OTHER
LAW TO THE CONTRARY, ANY CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND,
COVENANT, OR OTHER AGREEMENT FOR PROJECTS UNDERTAKEN BY SCHOOL DISTRICTS
SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SEPARATE SPECIFICATIONS
(REFERRED TO AS THE WICKS LAW).
B. WHERE A SCHOOL DISTRICT ELECTS TO PROVIDE FOR THE ASSIGNMENT OF A
CONTRACT TO A SINGLE PERSON, FIRM OR CORPORATION PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION, SUCH SCHOOL DISTRICT MAY REQUIRE THE APPARENT LOW
BIDDER AND, AT THE DISCRETION OF THE SCHOOL DISTRICT, THE NEXT APPARENT
LOW BIDDER, TO SUBMIT TO THE DISTRICT THE NAMES OF THE BIDDER'S PROPOSED
SUBCONTRACTORS FOR THE ELECTRICAL WORK, HEATING, VENTILATING AND AIR
CONDITIONING WORK, AND THE PLUMBING WORK. ONLY ONE PROPOSED SUBCONTRAC-
TOR SHALL BE NAMED FOR EACH SUCH TRADE. SUCH PROPOSED SUBCONTRACTOR OR
SUBCONTRACTORS MAY BE REJECTED BY THE SCHOOL DISTRICT ON THE BASIS SET
FORTH IN PARAGRAPH E OF THIS SUBDIVISION. UPON REJECTION OF A PROPOSED
SUBCONTRACTOR OR SUBCONTRACTORS, THE SCHOOL DISTRICT MAY REQUIRE THE
APPARENT LOW BIDDER TO SUBMIT AN ALTERNATE PROPOSED SUBCONTRACTOR OR
SUBCONTRACTORS WITHIN FORTY-EIGHT HOURS. SHOULD THE APPARENT LOW BIDDER
FAIL TO PROPOSE ALTERNATE SUBCONTRACTORS SUBJECT TO APPROVAL BY THE
SCHOOL DISTRICT, THE SCHOOL DISTRICT MAY CONSIDER THE NEXT APPARENT LOW
BIDDER AND SHALL FOLLOW THE SAME PROCEDURE SET FORTH IN THIS PARAGRAPH.
SUCH PROPOSED SUBCONTRACTORS OF THE BIDDER, APPROVED BY THE SCHOOL
DISTRICT SHALL BE USED ON THE WORK FOR WHICH THEY WERE PROPOSED AND
APPROVED, AND THEY SHALL NOT BE CHANGED EXCEPT WITH THE SPECIFIC WRITTEN
APPROVAL OF THE DISTRICT.
C. PAYMENT TO THE SUBCONTRACTORS APPROVED PURSUANT TO PARAGRAPH B OF
THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ONE HUNDRED SIX-B OF THIS ARTICLE. IN THE EVENT ANY SUCH SUBCONTRACTOR
IS NOT PAID BY THE CONTRACTOR, THE SUBCONTRACTOR SHALL IMMEDIATELY NOTI-
FY THE SCHOOL DISTRICT OF SUCH FACT.
D. WITH THE SUBMISSION OF THE NAMES OF THE PROPOSED SUBCONTRACTORS AS
PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE BIDDER SHALL SPECIFY
THE AMOUNT TO BE PAID TO EACH SUBCONTRACTOR FOR THE WORK TO BE PERFORMED
BY SUCH SUBCONTRACTOR.
E. A SCHOOL DISTRICT MAY REJECT ANY OR ALL BIDS OR WAIVE ANY INFORMAL-
ITY IN A BID IF THE SCHOOL DISTRICT REASONABLY BELIEVES THAT THE PUBLIC
INTEREST WILL BE PROMOTED THEREBY. A SCHOOL DISTRICT MAY REJECT ANY BID
IF, IN THE JUDGMENT OF THE SCHOOL DISTRICT, THE BUSINESS ORGANIZATION,
RESOURCES, FINANCIAL STANDING, OR EXPERIENCE OF THE BIDDER JUSTIFIES
SUCH REJECTION IN VIEW OF THE WORK TO BE PERFORMED.
F. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE NEW YORK
CITY SCHOOL CONSTRUCTION AUTHORITY ESTABLISHED PURSUANT TO TITLE SIX OF
ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW.
S 3. Section 19 of chapter 738 of the laws of 1988, amending the
administrative code of the city of New York and other laws relating to
establishing the New York city school construction authority, as amended
by chapter 134 of the laws of 2004, is amended to read as follows:
S 19. This act shall take effect immediately, provided, however, that
the provisions of subdivision 6 of section 209 of the civil service law,
as added by section four of this act, shall expire and be deemed
repealed on and after June 30, 1995, and further provided that the
provisions of section 1735 of the public authorities law, as added by
section fourteen of this act, shall expire and be deemed repealed on
June 30, [2009] 2014.
S. 5559--A 3
S 4. Subdivision 1 of section 1735 of the public authorities law, as
amended by chapter 410 of the laws of 1999, is amended to read as
follows:
1. Notwithstanding the provisions of paragraph b of subdivision one of
section seventeen hundred thirty-four of this title, the award of
construction contracts by the authority between July first, nineteen
hundred eighty-nine and June thirtieth, two thousand [two] FOURTEEN,
shall not be subject to the provisions of section one hundred one of the
general municipal law.
S 5. This act shall take effect immediately; provided that sections
one and two of this act shall take effect on the one hundred eightieth
day after they shall have become law, and shall apply to all contracts
advertised or solicited for bid on or after such effective date;
provided that the provisions of sections one and two of this act shall
expire and be deemed repealed 5 years after such effective date;
provided further that the amendments to subdivision 1 of section 1735 of
the public authorities law made by section four of this act shall not
affect the expiration of such section and shall be deemed repealed ther-
ewith.
