Bill Text: NY S09171 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the public posting of certain emergency and exempted contracts which are otherwise subject to the approval of the state comptroller.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-04 - SUBSTITUTED BY A10281 [S09171 Detail]

Download: New_York-2023-S09171-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9171

                    IN SENATE

                                       May 2, 2024
                                       ___________

        Introduced  by  Sen.  COONEY -- (at request of the State Comptroller) --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Procurement and Contracts

        AN ACT to amend the state finance law, in relation to the public posting
          of  certain  contracts  otherwise subject to the approval of the comp-
          troller

          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. Required public posting of certain contracts. 1.  For  purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a) "Emergency contract" shall mean:
     6    (i)  any  contract  otherwise  subject  to prior approval by the comp-
     7  troller pursuant to section one hundred twelve of this chapter, which is
     8  executed or made effective in accordance with an executive order of  the
     9  governor  temporarily suspending such law, or any part thereof, pursuant
    10  to his or her authority under section  twenty-nine-a  of  the  executive
    11  law; and
    12    (ii)  any  contract otherwise eligible for prior approval by the comp-
    13  troller pursuant to any provision of law, including section twenty-eight
    14  hundred seventy-nine-a of the public authorities law, which is  executed
    15  or  made effective in accordance with an executive order of the governor
    16  temporarily suspending such law, or any part thereof, pursuant to his or
    17  her authority under section twenty-nine-a of the executive law.
    18    (b) "Exempted contract" shall mean:
    19    (i) any contract otherwise subject to  prior  approval  by  the  comp-
    20  troller pursuant to section one hundred twelve of this chapter, which is
    21  executed  or made effective in accordance with any provision of law, and
    22  expressly and specifically suspends the provisions of,  exempts,  or  is
    23  otherwise notwithstanding of section one hundred twelve of this chapter,
    24  or any part thereof; and
    25    (ii)  any  contract otherwise eligible for prior approval by the comp-
    26  troller pursuant to any provision of law, including section twenty-eight

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14142-01-4
        S. 9171                             2

     1  hundred seventy-nine-a of the public authorities law, which is  executed
     2  or made effective in accordance with any provision of law suspending the
     3  provisions  of, exempting, or otherwise notwithstanding such law, or any
     4  part thereof.
     5    2. Within thirty days following the execution of an emergency contract
     6  or  an exempted contract, such state agency, department, board, officer,
     7  commission, state authority, or institution shall post on the  contract-
     8  ing  entity's  public  website  the following information regarding such
     9  emergency contract or exempted contract by contract number:
    10    (i) if the contract is an emergency contract, the  emergency  declara-
    11  tion  that such contract pertains to, and if the contract is an exempted
    12  contract, the provision of law suspended or exempted;
    13    (ii) a brief description of the contract, including:
    14    (A) the amount of the contract;
    15    (B) the name of the vendor or vendors;
    16    (C) the contract terms;
    17    (D) what is being provided by the contract;
    18    (E) if the contract is an emergency contract, a  statement  explaining
    19  how such contract relates to the declared state disaster emergency; and
    20    (F)  whether  the  contact was awarded based on a competitive process,
    21  and if it was not awarded pursuant to a competitive process, an explana-
    22  tion of why a competitive process was not undertaken.
    23    3. The provisions of this section shall not be suspended, modified, or
    24  altered by the governor's authority to temporarily suspend provisions of
    25  law during a state disaster emergency pursuant to section  twenty-nine-a
    26  of the executive law.
    27    §  2.  This  act shall take effect on the thirtieth day after it shall
    28  have become a law.