A02544 Summary:

Amd 103, add 103-h, Gen Muni L
Relates to procurement reform in cities with a population of a million or more by requiring certain bids to be rejected; gives standing to certain elected officials to sue on behalf of those injured due to a contractor's negligence.
Go to top    

A02544 Actions:

01/19/2021referred to local governments
01/05/2022referred to local governments
Go to top

A02544 Committee Votes:

Go to top

A02544 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A02544 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Barnwell
  TITLE OF BILL: An act to amend the general municipal law, in relation to procurement reform   PURPOSE: To bring more accountability to the procurement system   SUMMARY OF PROVISIONS: -Grants certain officials the power to reject bids of bad contractors -Mandates legal entities must provide the names .of all members when submitting a bid Mandates rejection of bids for various issues, such as: safety violations, wage theft violations, unpaid fines, a history of untimely projects, and/or a history of previous projects costing more than the original bids -Grants certain officials the power to reject bids in the interest of public policy, or if the official believes the entity is not a responsi- ble bidder, or other reasons within their discretion. -Mandates a public hearing for the communities impacted by such project -Grants elected officials standing to sue in court for damages to constituents' property.   JUSTIFICATION: Time and time again, the same contractors are successful in winning bids for infrastructure projects throughout the State. However, many times these contractors are bad actors, and have a history of violations, and/or shoddy work product. Constituents across the State continue to be left on the hook, and without compensation for damages because of vari- ous issues addressed by this bill. This legislation would grant more accountability by allowing for more discretion to be used in denying projects where the contractor has shown to be a bad actor, and allows for a course of action to pursue remedies for such damage.   LEGISLATIVE HISTORY: 2019-2020: A8584   FISCAL IMPACT: None   EFFECTIVE DATE: This act shall take effect immediately
Go to top

A02544 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 19, 2021
        Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
          tee on Local Governments
        AN  ACT  to  amend the general municipal law, in relation to procurement
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  103  of  the general municipal law is amended by
     2  adding a new subdivision 1-d to read as follows:
     3    1-d. In determining the lowest  responsible  bidder,  the  appropriate
     4  officer,  board  or agency for determining the lowest responsible bidder
     5  for a city with a population of one million  or  more  and  such  city's
     6  comptroller shall:
     7    (a)  reject  any  bids where the bidder is a legal entity that did not
     8  provide the names of all members of such legal entity in their bid;
     9    (b) reject any bids where the bidder: (i) has  had  any  safety,  wage
    10  theft,  or  other  violations involving the mistreatment of employees or
    11  contractors; (ii) has unpaid fines; (iii) has a history of projects  not
    12  being  completed  timely;  or  (iv)  has a history of projects that have
    13  required substantial additional costs  as  compared  to  their  original
    14  accepted bid;
    15    (c)  have  binding  authority  to reject a bid: (i) in the interest of
    16  public policy; (ii) upon such appropriate officer, board or agency's  or
    17  such  comptroller's finding that the bidder is not a responsible bidder;
    18  or (iii) based on any other reason such appropriate  officer,  board  or
    19  agency or such comptroller deems fit; and
    20    (d)  inform the community boards, or their equivalent, of the affected
    21  area of the bidding process taking  place  and,  at  least  thirty  days
    22  before  approval  or  rejection of the bid, hold a public hearing within
    23  the community boards the project will be located in. If  a  contract  is
    24  awarded  on  an emergency basis, the public hearing shall be held within
    25  seven days of the emergency arising.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2544                             2
     1    § 2. The general municipal law is amended  by  adding  a  new  section
     2  103-h to read as follows:
     3    §  103-h.  Representative  standing. 1. Where a cause of action arises
     4  out of negligent construction or demolition performed by a contractor in
     5  the course of being contracted with a city  with  a  population  of  one
     6  million  or  more, all elected officials which represent the location in
     7  which the negligent construction or demolition  took  place  shall  have
     8  standing  to  sue such contractor on behalf of the constituents affected
     9  by such negligent construction or demolition.
    10    2. If an elected official sues such contractor  establishing  standing
    11  to do so under this section, any monetary judgment in favor of the suing
    12  elected  official  shall  only  be  used  to  pay the elected official's
    13  reasonable legal fees and to repair damage  done  to  property  by  such
    14  contractor.
    15    §  3.  This  act  shall take effect on the sixtieth day after it shall
    16  have become a law and shall apply to all contracts issued  on  or  after
    17  such effective date.
Go to top