Senate Bill S4323

Signed By Governor
2021-2022 Legislative Session

Establishes a construction industry advisory council on public contracting reform

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2021-S4323 - Details

See Assembly Version of this Bill:
A6232
Law Section:
Public Authorities

2021-S4323 - Summary

Establishes a construction industry advisory council on public contracting reform to consider and advise on matters concerning the improvement of the current public works contracting process.

2021-S4323 - Sponsor Memo

2021-S4323 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4323
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to establish a construction industry advisory council  on  public
   contracting reform
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds that construction
 contractors often face significant challenges when bidding  and  working
 on  public  works  projects  in  New York state. Often, the inclusion of
 onerous or inequitable contract terms and  conditions  governing  issues
 such  as contractor payment, job delays and dispute resolution, which in
 many cases have been codified  into  statute  or  regulation,  place  an
 unfair  burden  on contractors.  Furthermore, the legislature finds that
 many prior, piecemeal attempts to address these inequities through indi-
 vidual bills have proven unsuccessful, such as S.6906 (2016) and  S.5933
 (2019),  and  therefore  a  more equitable and comprehensive approach is
 warranted. The legislature also finds that current inefficiencies in the
 public contracting process are responsible for driving up  the  cost  of
 construction, making New York a less competitive place to engage in such
 work in relation to other states, which in turn harms the New York state
 economy and costs jobs.
   Therefore,  it  is the intent of the legislature to establish an inde-
 pendent advisory council charged with (a) studying  the  current  public
 contracting  process;  and  (b) adopting recommendations, best practices
 and legislative proposals in order to reform  and  improve  the  current
 state  public  contracting  process, by making it more fair, predictable
 and equitable for all parties involved.
   § 2. There is hereby created a construction industry advisory  council
 on  public  contracting  reform  (the  "advisory  council"), which shall
 consider and advise on matters concerning the improvement of the current
 public works contracting process in New York state.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-S4323A - Details

See Assembly Version of this Bill:
A6232
Law Section:
Public Authorities

2021-S4323A - Summary

Establishes a construction industry advisory council on public contracting reform to consider and advise on matters concerning the improvement of the current public works contracting process.

2021-S4323A - Sponsor Memo

2021-S4323A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4323--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced by Sens. COMRIE, COONEY, GAUGHRAN, MAYER, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Procurement  and  Contracts -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to establish a construction industry advisory council  on  public
   contracting reform
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds that construction
 contractors often face significant challenges when bidding  and  working
 on  public  works  projects  in  New York state. Often, the inclusion of
 onerous or inequitable contract terms and  conditions  governing  issues
 such as contractor payment, job delays and dispute resolution, can place
 an  unfair burden on contractors in public works projects.  Furthermore,
 the legislature finds that many prior,  piecemeal  attempts  to  address
 these inequities through individual approaches have proven unsuccessful,
 and  therefore a more equitable and comprehensive approach is warranted.
 The legislature also finds that current  inefficiencies  in  the  public
 contracting   process  are  responsible  for  driving  up  the  cost  of
 construction, making New York a less competitive place to engage in such
 work in relation to other states, which in turn harms the New York state
 economy and costs jobs.
   Therefore, it is the intent of the legislature to establish  an  inde-
 pendent  advisory  council  charged with (a) studying the current public
 contracting process; and (b) adopting  recommendations,  best  practices
 and  legislative  proposals  in  order to reform and improve the current
 state public contracting process, by making it fairer,  predictable  and
 equitable for all parties involved.
   §  2. There is hereby created a construction industry advisory council
 on public contracting  reform  (the  "advisory  council"),  which  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08796-02-1

co-Sponsors

2021-S4323B - Details

See Assembly Version of this Bill:
A6232
Law Section:
Public Authorities

2021-S4323B - Summary

Establishes a construction industry advisory council on public contracting reform to consider and advise on matters concerning the improvement of the current public works contracting process.

2021-S4323B - Sponsor Memo

2021-S4323B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4323--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced by Sens. COMRIE, COONEY, GAUGHRAN, MAYER, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Procurement  and  Contracts -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to establish a construction industry advisory council  on  public
   contracting reform
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds that construction
 contractors often face significant challenges when bidding  and  working
 on  public  works  projects  in  New York state. Often, the inclusion of
 onerous or inequitable contract terms and  conditions  governing  issues
 such as contractor payment, job delays and dispute resolution, can place
 an  unfair burden on contractors in public works projects.  Furthermore,
 the legislature finds that many prior,  piecemeal  attempts  to  address
 these inequities through individual approaches have proven unsuccessful,
 and  therefore a more equitable and comprehensive approach is warranted.
 The legislature also finds that current  inefficiencies  in  the  public
 contracting   process  are  responsible  for  driving  up  the  cost  of
 construction, making New York a less competitive place to engage in such
 work in relation to other states, which in turn harms the New York state
 economy and costs jobs.
   Therefore, it is the intent of the legislature to establish  an  inde-
 pendent  advisory  council  charged with (a) studying the current public
 contracting process; and (b) adopting  recommendations,  best  practices
 and  legislative  proposals  in  order to reform and improve the current
 state public contracting process, by making it fairer,  predictable  and
 equitable for all parties involved.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08796-04-1

co-Sponsors

2021-S4323C (ACTIVE) - Details

See Assembly Version of this Bill:
A6232
Law Section:
Public Authorities

2021-S4323C (ACTIVE) - Summary

Establishes a construction industry advisory council on public contracting reform to consider and advise on matters concerning the improvement of the current public works contracting process.

2021-S4323C (ACTIVE) - Sponsor Memo

2021-S4323C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4323--C
     Cal. No. 1539
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced by Sens. COMRIE, COONEY, GAUGHRAN, MAYER, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Procurement  and  Contracts -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged  and  said  bill
   committed  to  the  Committee  on Rules -- ordered to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to establish a construction industry advisory council on public
   contracting reform
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds that construction
 contractors  often  face significant challenges when bidding and working
 on public works projects in New York  state.  Often,  the  inclusion  of
 onerous  or  inequitable  contract terms and conditions governing issues
 such as contractor payment, job delays and dispute resolution, can place
 an unfair burden on contractors in public works projects.   Furthermore,
 the  legislature  finds  that  many prior, piecemeal attempts to address
 these inequities through individual approaches have proven unsuccessful,
 and therefore a more equitable and comprehensive approach is  warranted.
 The  legislature  also  finds  that current inefficiencies in the public
 contracting  process  are  responsible  for  driving  up  the  cost   of
 construction, making New York a less competitive place to engage in such
 work in relation to other states, which in turn harms the New York state
 economy and costs jobs.
   Therefore,  it  is the intent of the legislature to establish an inde-
 pendent advisory council charged with (a) studying  the  current  public
 contracting  process;  and  (b) adopting recommendations, best practices
 and legislative proposals in order to reform  and  improve  the  current
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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