Bill Text: NY A10406 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires that within thirty days following the execution of a state disaster emergency contract or an exempted contract, such state agency, department, board, officer, commission, state authority, or institution shall submit certain information to the office of the state comptroller, with redactions made by the contracting entity which shall be made available on its public website; defines terms; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-13 - referred to governmental operations [A10406 Detail]
Download: New_York-2021-A10406-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10406 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to approval of contracts during a state disaster emergency or in accordance with any other provision of law suspending approval The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state finance law is amended by adding a new section 2 149 to read as follows: 3 § 149. Certain contracts to be publicly posted. 1. For purposes of 4 this section the following terms shall have the following meanings: 5 (a) "state disaster emergency contract" shall mean: 6 (i) any contract subject to prior approval by the comptroller pursuant 7 to subdivision two of section one hundred twelve of this chapter, which 8 is executed or made effective in accordance with an executive order of 9 the governor temporarily suspending subdivision two of section one 10 hundred twelve of this chapter, or any part thereof, pursuant to his or 11 her authority under section twenty-nine-a of the executive law; and 12 (ii) any contract subject to prior review and approval by the comp- 13 troller pursuant to section twenty-eight hundred seventy-nine-a of the 14 public authorities law, which is executed or made effective in accord- 15 ance with an executive order of the governor temporarily suspending 16 section twenty-eight hundred seventy-nine-a of the public authorities 17 law, or any part thereof, pursuant to his or her authority under section 18 twenty-nine-a of the executive law. 19 (b) "exempted contract" shall mean: 20 (i) any contract subject to prior approval by the comptroller pursu- 21 ant to section one hundred twelve of this chapter, which is executed or 22 made effective in accordance with any provision of law suspending the 23 provisions of, exempting, or otherwise notwithstanding subdivision two 24 of section one hundred twelve of this chapter; and 25 (ii) any contract subject to prior review and approval by the comp- 26 troller pursuant to section twenty-eight hundred seventy-nine-a of the 27 public authorities law, which is executed or made effective in accord- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14766-01-2A. 10406 2 1 ance with any provision of law suspending the provisions of, exempting, 2 or otherwise notwithstanding section twenty-eight hundred seventy-nine-a 3 of the public authorities law. 4 2. Within thirty days following the execution of a state disaster 5 emergency contract or an exempted contract, such state agency, depart- 6 ment, board, officer, commission, state authority, or institution shall 7 submit the following information to the office of the state comptroller, 8 with redactions made by the contracting entity pursuant to the 9 provisions of section eighty-nine of the public officers law, which 10 shall be made available on its public website: 11 (a) the state disaster emergency contract or exempted contract; 12 (b) a statement acknowledging that the state disaster emergency 13 contract or exempted contract was entered into without the prior review 14 and approval required by subdivision two of section one hundred twelve 15 of this chapter, or as applicable, section twenty-eight hundred seven- 16 ty-nine-a of the public authorities law; and 17 (c) with respect to a state disaster emergency contract, a statement 18 describing how compliance with subdivision two of section one hundred 19 twelve of this chapter, or as applicable, section twenty-eight hundred 20 seventy-nine-a of the public authorities law, would prevent, hinder, or 21 delay action necessary to cope with the state disaster emergency and 22 with respect to an exempted contract, a statement describing how remov- 23 ing compliance with subdivision two of section one hundred twelve of 24 this chapter, or as applicable, section twenty-eight hundred seventy- 25 nine-a of the public authorities law, is in the best interests of the 26 state. 27 3. Notwithstanding any other provisions of law to the contrary, the 28 provisions of this section cannot be suspended, modified, or altered by 29 the governor's authority to temporarily suspend provisions of law during 30 a state disaster emergency pursuant to section twenty-nine-a of the 31 executive law. 32 § 2. This act shall take effect on the thirtieth day after it shall 33 have become a law.
