senate Bill S5555

2013-2014 Legislative Session

Relates to deposits on plans and specifications for contracts for public works

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 20, 2014 reported and committed to finance
Jan 08, 2014 referred to infrastructure and capital investment
May 20, 2013 referred to infrastructure and capital investment

Votes

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May 20, 2014 - Infrastructure and Capital Investment committee Vote

S5555
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Infrastructure and Capital Investment committee vote details

Infrastructure and Capital Investment Committee Vote: May 20, 2014

aye wr (1)

S5555 - Bill Details

See Assembly Version of this Bill:
A6896
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §143, St Fin L

S5555 - Bill Texts

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Relates to deposits on plans and specifications for contracts for public works.

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BILL NUMBER:S5555

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 of the Bill:

The bill would amend State Finance Law § 143 to give State agencies
greater flexibility to waive the deposits on plans and specifications
for contracts for public works.

Summary of Provisions:

Section 1 of this bill would amend State Finance Law § 143(1) to make
permissive rather than mandatory the requirement for deposits that
State agencies currently must charge for bidders to obtain copies of
plans and specifications for public works projects. In addition, even
where payment is required, the fee would be waived upon the request of
any minority and worsen-owned business enterprise certified pursuant
to Executive Law Art. 15-a ("certified MWBE").

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

Existing Law:

State Finance Law § 143(1) requires any agency that prepares plans and
specifications for a public works project to charge a deposit (not to
exceed $100) to each person requesting a copy of such plans and
specifications.

Prior Legislative History:

This proposal was introduced in 2005 in the Senate (S.4205) and in
2007 in the Assembly and the Senate (A.8523/S.4002-A) It was again
introduced in 2009 (A.8063/S.3364) and passed in the Assembly, but not
in the Senate The bill carried over in 2010 and again passed in the
Assembly but not the Senate.

Statement in Support:

Currently, prospective bidders and suppliers must purchase the bid
documents directly from the State agency preparing the plans and
specifications. But now that plans and specifications are often
produced electronically, printing and shipping large drawings and
books of specifications is more costly than transmitting this
information for distribution electronically. This bill would give
State agencies the option to waive the requirement of a deposit for
bid documents where such documents are produced and available
electronically. In addition, the deposit would be automatically waived
upon the request of any certified MWBE.

Budget Implications:

None.

Local Impact:


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
________________________________________________________________________

                                  5555

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 20, 2013
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Office of General
  Services)  --  read  twice and ordered printed, and when printed to be
  committed to the Committee on Infrastructure and Capital Investment

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.   NOTWITHSTAND-
ING 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.
                                                           LBD09094-01-3

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