senate Bill S3383

2013-2014 Legislative Session

Allows Westchester county to require bidders for public works, construction or purchase contracts to hire and retain persons residing in certain targeted communities

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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 08, 2014 referred to local government
Feb 01, 2013 referred to local government

S3383 - Bill Details

See Assembly Version of this Bill:
A584
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add ยง103-h, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S6402, A8475A

S3383 - Bill Texts

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Allows Westchester county to require bidders for public works, construction or purchase contracts to hire and retain persons residing in certain targeted communities.

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BILL NUMBER:S3383

TITLE OF BILL: An act to amend the general municipal law, in relation
to allowing Westchester county to require bidders for public works,
construction or purchase contracts to hire and retain persons residing
in certain targeted communities

PURPOSE OR GENERAL IDEA OF BILL: This legislation will allow Mount
Vernon and the City of Yonkers to obtain construction jobs.

SUMMARY OF SPECIFIC PROVISIONS: An amendment to General Municipal Law
section 103(h): A County may require the lowest responsible bidder for
all contracts for public works, construct and purchase contracts to hire
and retain persons residing in certain targeted communities having the
highest rates of unemployment within such county.

A targeted community is any city, town, or village within a county where
the combined average of the unemployment rate and the poverty rate of
such community is greater than the combined countywide average of unem-
ployment and poverty rate by ten percent. A county may require that at
least ten percent of the labor cost of construction contracts awarded by
the county to the lowest responsible bidder be spent to hire persons
residing in the targeted communities within that county.

If the combined average unemployment and poverty rate for a targeted
community is greater than twenty percent of the combined countywide
average unemployment rate and the poverty rate, then a county may
require that at least twenty percent of the labor cost of construction
contracts awarded must be spent to hire persons residing in the targeted
communities.

If the combined average community unemployment and poverty rate is
greater than thirty percent of the combined countywide average unemploy-
ment rate and the poverty rate, then a county may require that at least
thirty percent of the labor cost of construction contracts awarded must
be spent to hire persons residing in the targeted communities. The
combined average unemployment rate and poverty rate shall be computed
annually based on statistics published by the New York State Bureau of
Labor Statistics or similar government agencies for the period ending
December 31 of the year preceding the year in which the contract was
awarded. The combined average unemployment rate and poverty rate shall
be established annually by resolution or local law of the county.

The combined average shall be the sum of the preceding year end unem-
ployment rate plus the preceding year end poverty rate divided by two.

A county may require the lowest responsible bidder to establish appren-
ticeship and training programs for workers residing within the targeted
communities in certain construction trades specified in a resolution or
local law of such county.

JUSTIFICATION: This bill will allow the county of Westchester to
provide employment in the communities that are faced with poverty.

FISCAL IMPLICATIONS: None to the State.

LEGISLATIVE HISTORY: New Bill.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall become a law.

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

                                  3383

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to allowing West-
  chester county to require bidders for public  works,  construction  or
  purchase  contracts  to  hire  and  retain persons residing in certain
  targeted communities

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

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 103-h to read as follows:
  S 103-H. CONTRACTS FOR PUBLIC WORKS IN  WESTCHESTER  COUNTY;  TARGETED
COMMUNITIES. 1. FOR THE PURPOSES OF THIS SECTION, A "TARGETED COMMUNITY"
SHALL MEAN ANY CITY, TOWN, OR VILLAGE WITHIN A COUNTY WHERE THE COMBINED
AVERAGE  OF THE UNEMPLOYMENT RATE AND THE POVERTY RATE OF SUCH COMMUNITY
IS GREATER THAN THE COMBINED  COUNTYWIDE  AVERAGE  OF  UNEMPLOYMENT  AND
POVERTY RATE BY TEN PERCENT.
  2. NOTWITHSTANDING ANY PROVISION OF LAW, THE COUNTY OF WESTCHESTER MAY
REQUIRE THE LOWEST RESPONSIBLE BIDDER FOR ALL PUBLIC WORKS, CONSTRUCTION
OR  PURCHASE  CONTRACTS  TO  HIRE AND RETAIN PERSONS RESIDING IN CERTAIN
TARGETED COMMUNITIES HAVING THE HIGHEST  RATES  OF  UNEMPLOYMENT  WITHIN
SUCH COUNTY.
  3. THE COUNTY MAY REQUIRE THAT:
  A.  AT  LEAST TEN PERCENT OF THE LABOR COSTS OF CONSTRUCTION CONTRACTS
AWARDED BY THE COUNTY BE SPENT TO HIRE PERSONS RESIDING IN THE  TARGETED
COMMUNITIES WITHIN THAT COUNTY;
  B.  AT  LEAST  TWENTY  PERCENT  OF  THE  LABOR  COSTS  OF CONSTRUCTION
CONTRACTS BE SPENT TO HIRE PERSONS RESIDING IN THE TARGETED COMMUNITIES,
IF THE COMBINED AVERAGE UNEMPLOYMENT AND POVERTY  RATE  FOR  A  TARGETED
COMMUNITY  IS  GREATER  THAN  TWENTY  PERCENT OF THE COMBINED COUNTYWIDE
AVERAGE OF UNEMPLOYMENT RATE AND THE POVERTY RATE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00920-01-3

S. 3383                             2

  C. AT  LEAST  THIRTY  PERCENT  OF  THE  LABOR  COSTS  OF  CONSTRUCTION
CONTRACTS  COST BE SPENT TO HIRE PERSONS RESIDING IN THE TARGETED COMMU-
NITIES IF THE COMBINED AVERAGE COMMUNITY UNEMPLOYMENT AND  POVERTY  RATE
IS  GREATER  THAN  THIRTY  PERCENT OF THE COMBINED COUNTYWIDE AVERAGE OF
UNEMPLOYMENT RATE AND THE POVERTY RATE.
  4.  THE  COMBINED  AVERAGE UNEMPLOYMENT RATE AND POVERTY RATE SHALL BE
COMPUTED ANNUALLY BASED ON STATISTICS PUBLISHED BY THE  NEW  YORK  STATE
BUREAU OF LABOR STATISTICS OR SIMILAR GOVERNMENT AGENCIES FOR THE PERIOD
ENDING DECEMBER THIRTY-FIRST OF THE YEAR PRECEDING THE YEAR IN WHICH THE
CONTRACT  IS  AWARDED.  THE  COMBINED  AVERAGE  SHALL  BE THE SUM OF THE
PRECEDING YEAR END UNEMPLOYMENT RATE PLUS THE PRECEDING YEAR END POVERTY
RATE DIVIDED BY TWO.
  5. THE COMBINED AVERAGE UNEMPLOYMENT RATE AND POVERTY  RATE  SHALL  BE
ESTABLISHED ANNUALLY BY RESOLUTION OR LOCAL LAW OF THE COUNTY.
  6.  THE  COUNTY MAY REQUIRE THE LOWEST RESPONSIBLE BIDDER TO ESTABLISH
APPRENTICESHIP AND TRAINING PROGRAMS FOR  WORKERS  RESIDING  WITHIN  THE
TARGETED  COMMUNITIES  IN  CERTAIN  CONSTRUCTION  TRADES  SPECIFIED IN A
RESOLUTION OR LOCAL LAW PASSED BY SUCH COUNTY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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