Bill Text: NY A07404 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the public posting of certain contracts otherwise subject to prior approval of the comptroller.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2023-06-08 - substituted by s6941 [A07404 Detail]

Download: New_York-2023-A07404-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7404

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 19, 2023
                                       ___________

        Introduced  by  M.  of A. SOLAGES, McDONALD, ZEBROWSKI -- (at request of
          the State Comptroller) -- read once and referred to the  Committee  on
          Governmental Operations

        AN  ACT  to  amend  the  state finance law, in relation to requiring the
          public  posting  of  certain  contracts  otherwise  subject  to  prior
          approval of the comptroller

          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 definitions shall apply:
     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
    22  expressly  and  specifically suspending the provisions of, exempting, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10212-01-3
        A. 7404                             2

     1  otherwise notwithstanding section one hundred twelve of this chapter, or
     2  any part thereof; and
     3    (ii)  any  contract otherwise eligible for prior approval by the comp-
     4  troller pursuant to any provision of law, including section twenty-eight
     5  hundred seventy-nine-a of the public authorities law, which is  executed
     6  or made effective in accordance with any provision of law suspending the
     7  provisions  of, exempting, or otherwise notwithstanding such law, or any
     8  part thereof.
     9    2. Within thirty days following the execution of an emergency contract
    10  or an exempted contract, such state agency, department, board,  officer,
    11  commission,  state authority, or institution shall post on the contract-
    12  ing entity's public website, the emergency contract or exempted contract
    13  as well as the following information:
    14    (a) if the contract is an emergency contract, the  emergency  declara-
    15  tion  that such contract pertains to and, if the contract is an exempted
    16  contract, the provision of law suspended or exempted;
    17    (b) a brief description of the contract, including: (i) the amount  of
    18  the contract; (ii) the name of the vendor or vendors; (iii) the contract
    19  term;  (iv)  what  is  being  provided  by  the contract; and (v) if the
    20  contract is an  emergency  contract,  a  statement  explaining  how  the
    21  contract relates to the declared state disaster emergency; and
    22    (c)  whether  the  contract was awarded based on a competitive process
    23  and, if not awarded pursuant to a competitive process, an explanation of
    24  why a competitive process was not undertaken.
    25    3. All emergency contracts or exempted contracts currently  in  effect
    26  upon  the  effective  date  of  this section shall also be posted on the
    27  contracting entity's public website within thirty days with the informa-
    28  tion required in subdivision two of this section.
    29    4. The provisions of this section cannot be  suspended,  modified,  or
    30  altered by the governor's authority to temporarily suspend provisions of
    31  law  during a state disaster emergency pursuant to section twenty-nine-a
    32  of the executive law.
    33    § 2. This act shall take effect on the thirtieth day  after  it  shall
    34  have become a law.