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.
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.
STATE OF NEW YORK ________________________________________________________________________ 1586 2011-2012 Regular Sessions IN SENATE 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 PROPOSEDEXPLANATION--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.