Bill Text: NY A02489 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the state contract sunlight act; requires the comptroller to develop a state-wide database of all bids for contracts, state contracts, and any additional information available for public review; requires the attorney general to review contracts meeting a certain dollar amount.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A02489 Detail]

Download: New_York-2023-A02489-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2489

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M.  of A. NORRIS, MORINELLO, MILLER, PALMESANO, SMULLEN,
          TAGUE, J. M. GIGLIO -- Multi-Sponsored by -- M. of A. DeSTEFANO, WALSH
          -- read once and referred to the Committee on Governmental Operations

        AN ACT to amend the executive law and the state finance law, in relation
          to enacting the "state contract sunlight act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be known and may be cited as the "state
     2  contract sunlight act".
     3    § 2. The executive law is amended by adding a  new  section  170-g  to
     4  read as follows:
     5    § 170-g. State contract project sunlight database.  1. The comptroller
     6  shall  establish a state-wide database to be known as the state contract
     7  project sunlight database.
     8    2. (a) Before any contract made for or by  any  department,  division,
     9  commission,  agency,  authority,  board or any other entity of the state
    10  shall be executed, or before approval by the comptroller and the  attor-
    11  ney  general, if required pursuant to the state finance law, the depart-
    12  ment, division, commission, agency, authority, board or any other entity
    13  of the state awarding such contract shall submit the  proposed  contract
    14  to  the  comptroller  to be posted on the database for public review and
    15  comment at least fourteen days before such contract shall be approved by
    16  the comptroller and the attorney general, if required, or  be  executed.
    17  Such proposed contracts shall be submitted on a schedule and in a format
    18  determined by the comptroller.
    19    (b)  Every  department, division, commission, agency, authority, board
    20  or any other entity of the state shall submit all awarded contracts  and
    21  bids  related  to  such contracts to the comptroller to be posted on the
    22  database on a schedule and in a format determined by the comptroller.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02283-02-3
        A. 2489                             2

     1    3. (a) Such database shall be available online for public review in  a
     2  searchable, downloadable format. Such database shall include, but not be
     3  limited to:
     4    (i)  all  proposed  contracts  submitted  pursuant to paragraph (a) of
     5  subdivision two of this section;
     6    (ii) descriptions of requests for proposals and contracts;
     7    (iii) all bids for state contracts;
     8    (iv) authorized contracts including specific requirements  under  such
     9  contracts including job creation and investment and clawback provisions;
    10    (v) contact information for all parties to the contract;
    11    (vi) project timelines;
    12    (vii) funding sources;
    13    (viii) history of each project;
    14    (ix) return on investment to the state; and
    15    (x)  any additional information made available to the state as part of
    16  the bidding and contracting process.
    17    (b) The database shall be in a format that allows for  public  comment
    18  on proposed and awarded contracts.
    19    4. The comptroller shall develop, after consultation with the entities
    20  required  to  report  under  this  section, a standardized form for each
    21  department, division, commission, agency, authority, board and any other
    22  entity of the state to  compile  the  information  required  under  this
    23  section  and submit such information to the comptroller for inclusion in
    24  the database.
    25    5. The comptroller shall promulgate any rules and  regulations  neces-
    26  sary  for  the  implementation  of such database established pursuant to
    27  this section.
    28    § 3. Paragraph (a) of subdivision  2  of  section  112  of  the  state
    29  finance  law,  as amended by chapter 839 of the laws of 2022, is amended
    30  to read as follows:
    31    (a) Before any contract made for or by any state  agency,  department,
    32  board, officer, commission, or institution, except the office of general
    33  services  or  its  customer  agencies  serviced by the office of general
    34  services business services center, shall be executed  or  become  effec-
    35  tive,  whenever  such  contract exceeds fifty thousand dollars in amount
    36  and before any contract made for or by the office of  general  services,
    37  whether  for  itself or for its customer agencies serviced by the office
    38  of general services business  services  center,  shall  be  executed  or
    39  become  effective,  whenever  such contract exceeds eighty-five thousand
    40  dollars in amount, it shall first be approved  by  the  comptroller  and
    41  filed  in  his  or  her  office. Provided, however, that the comptroller
    42  shall make a final written determination with  respect  to  approval  of
    43  such  contract  within ninety days of the submission of such contract to
    44  his or her office unless the comptroller shall notify, in  writing,  the
    45  state  agency,  department,  board, officer, commission, or institution,
    46  prior to the expiration of the ninety day period, and for good cause, of
    47  the need for an extension of not more than fifteen days, or a reasonable
    48  period of time agreed to by such state agency, department, board,  offi-
    49  cer, commission, or institution and provided, further, that such written
    50  determination  or extension shall be made part of the procurement record
    51  pursuant to paragraph f  of  subdivision  one  of  section  one  hundred
    52  sixty-three  of  this  chapter.    Upon approval by the comptroller, the
    53  contract shall be delivered to the attorney  general  who  shall  within
    54  fifteen  days  of receipt either approve such contract or disapprove and
    55  return the contract to the state  agency,  department,  board,  officer,
    56  commission or institution with reasons therefor.
        A. 2489                             3

     1    § 4. This act shall take effect on the one hundred eightieth day after
     2  it  shall have become a law. Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to be  made  and
     5  completed on or before such effective date.