senate Bill S1586

2011-2012 Legislative Session

Requires contractor bids on school district projects to include information on subcontractors and the commissioner of education to create surveys on the new bidding

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

S1586 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L; amd §101, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S5559B

S1586 - Bill Texts

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Requires contractors bidding on projects for school districts to provide information regarding proposed subcontractors; requires the commissioner to provide surveys regarding the new bidding process.

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BILL NUMBER:S1586

TITLE OF BILL:
An act
to amend the executive law, in relation to the definition of qualified
agencies

PURPOSE OR GENERAL IDEA OF BILL: To authorize public
defenders, legal
aid societies, and administrators of assigned counsel plans to have
access to the Division of Criminal Justice Services' criminal history
records of clients represented by or who receive representation
through those entities.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends
subdivision 9 of
Executive Law section 835 to add public defenders, legal aid
societies, and assigned counsel administrators to the list of
qualified agencies. Qualified agencies may enter into agreements with
the Division of Criminal Justice Services for access to its criminal
history database as authorized by subdivision 6 of Executive Law
section 837.

JUSTIFICATION: Agencies that are defined as
"qualified agencies" under
Executive Law 5 835(9) have access to the criminal history records
maintained by the Division of Criminal Justice Services. See
Executive Law 5 837(6); 9 NYCRR Part 6051. The proposed bill would
add public defenders, legal aid societies, and administrators of
assigned counsel programs to the list of qualified agencies. Public
defense providers would then be able to enter into use and
dissemination agreements with the Division of Criminal Justice
Services that would govern their access to criminal history
information of clients represented by ox who receive representation
through those entities

In order to provide effective representation, public defense attorneys
need to have ready access to criminal history reports of clients.
Currently, public defense providers rely on district attorneys,
judges, and other members of the criminal justice community for
access to criminal history reports; often, disclosure of these
reports is not timely. Providing public defense counsel direct access
to criminal history reports will help them provide effective
representation to their clients and will improve the efficiency of
the entire criminal justice system in New York State.

PRIOR LEGISLATIVE HISTORY: S. 7005A of 2012 referred
to Finance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1586

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to amend the education law and  the  general  municipal  law,  in
  relation  to assignment of contracts by school districts and providing
  for the repeal of such 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:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01746-01-1

S. 1586                             2

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. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall apply to all contracts  advertised
or solicited for bid on or after such effective date; provided that this
act  shall  expire  and  be deemed repealed 5 years after such effective
date.

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