Bill Text: NY A03784 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enacts the state contract sunlight act; requires the comptroller to develop a statewide 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 - Dead) 2022-03-29 - held for consideration in governmental operations [A03784 Detail]

Download: New_York-2021-A03784-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3784

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by M. of A. NORRIS, ASHBY, J. M. GIGLIO, MONTESANO, MORINEL-
          LO, B. MILLER, PALMESANO, SMULLEN -- Multi-Sponsored by --  M.  of  A.
          DeSTEFANO, WALSH -- read once and referred to the Committee on Govern-
          mental 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-c to
     4  read as follows:
     5    § 170-c. 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.
                                                                   LBD01738-01-1
        A. 3784                             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 section 18 of part L of chapter 55 of the
    30  laws of 2012, is amended 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,  shall be executed or become effective, whenever such contract
    34  exceeds fifty thousand dollars in amount and before  any  contract  made
    35  for  or  by  the  office of general services shall be executed or become
    36  effective, whenever such contract exceeds eighty-five  thousand  dollars
    37  in  amount,  it  shall first be approved by the comptroller and filed in
    38  his or her office, with the exception  of  contracts  established  as  a
    39  centralized contract through the office of general services and purchase
    40  orders  or  other procurement transactions issued under such centralized
    41  contracts. The comptroller shall make a final written determination with
    42  respect  to  approval  of  such  contract  within  ninety  days  of  the
    43  submission  of such contract to his or her office unless the comptroller
    44  shall notify, in writing, the state agency, department, board,  officer,
    45  commission,  or  institution,  prior to the expiration of the ninety day
    46  period, and for good cause, of the need for an  extension  of  not  more
    47  than  fifteen  days,  or  a  reasonable period of time agreed to by such
    48  state agency, department, board, officer, commission, or institution and
    49  provided, further, that such written determination or extension shall be
    50  made part of the procurement record pursuant to paragraph f of  subdivi-
    51  sion  one  of  section  one  hundred  sixty-three  of this chapter. Upon
    52  approval by the comptroller, the contract  shall  be  delivered  to  the
    53  attorney general who shall within fifteen days of receipt either approve
    54  such contract or disapprove and return the contract to the state agency,
    55  department,  board,  officer,  commission  or  institution  with reasons
    56  therefor.
        A. 3784                             3

     1    § 4. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law; provided, however, that effective immediate-
     3  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
     4  necessary  for  the implementation of this act on its effective date are
     5  authorized  and  directed  to  be  made  and completed on or before such
     6  effective date.