New York State Assembly

 
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A06707 Summary:

A06707 Actions:

A06707 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:03/11/2025AYE/NAY:14/0  Action: Favorable refer to committee Ways and Means        
McDonald
Aye
Beephan
Aye
Glick
Aye
Simpson
Aye
Kim
Aye
Novakhov
Aye
Bichotte Hermel
Aye
Norber
Aye
Williams
Aye
Raga
Aye
Simone
Aye
Shimsky
Aye
Kassay
Aye
Burroughs
Aye

Committee:WAYS AND MEANS   Chair:Pretlow      
DATE:03/13/2025AYE/NAY:34/0  Action: Favorable         
Pretlow
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Colton
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Absent
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Giglio
Aye
Dinowitz
Aye
Magnarelli
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Otis
Aye
Solages
Aye
Hunter
Aye
Epstein
Aye
Septimo
Aye

A06707 Floor Votes:

A06707 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A6707
 
SPONSOR: Solages

 
TITLE OF BILL:
 
An act to amend the state finance law, in relation to the public posting
of certain contracts otherwise subject to prior approval of the comp-
troller
 
 
PURPOSE:
 
This legislation amends the State Finance Law to require a listing of
all exempted and emergency State contracts to be publicly posted.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of this bill amends the State Finance Law by adding a new
section 149 to provide the following:
 
  State Finance Law section 149 (1) provides definitions for "emergency
  contracts" and "exempted contracts" as they are used in this section.
 
  State Finance Law section 149 (2) requires that all emergency and
  exempted contracts be publicly posted in a list by the contracting
  entity. Each contract shall be published with:
 
    * the relevant emergency declaration or provision suspending or
    exempting prior Comptroller review;
 
    * a brief description of the contract, including, the amount of the
    contract, the name of the vendor(s), the contract term, what is
    being provided by the contract, and if the contract is an emergency
    contract, a statement explaining how the contract relates to the
    declared state disaster emergency; and
 
    * a statement explaining whether the contract was chosen on a
    competitive basis, and if not, an explanation why a competitive
    process was not undertaken.
 
  State Finance Law section 149 (3) provides that this section cannot be
  suspended, modified, or altered by the governor during a state disas-
  ter emergency pursuant to section twenty-nine-a of the executive law.
 
Section 2 of this bill provides for an effective date.
 
 
JUSTIFICATION:
 
Providing independent review and oversight of State entity contracts is
a core function of the Office of the State Comptroller. OSC oversight
promotes transparency, enhances accountability and protects taxpayers,
agencies, not-for-profit organizations and vendors contracting with the
State by validating that a contract's costs are reasonable, its terms
are favorable to the State, and a level playing field existed for all
bidders.
 
Over the last decade, it has become common practice to exempt certain
contracts from OSC review and approval through Executive and Legislative
actions. This bill intends to restore transparency and shine a light on
contracts that have been exempted from OSC review and approval by
requiring the State entity to publicly post a listing of any such
contracts executed under a Legislative exemption or pursuant to an Exec-
utive exemption, such as a state disaster emergency. This bill also
requires the State agency or State authority to note the Executive
action or Legislative action that exempted such contract, and to provide
a brief description of the contract.
 
This effort would improve transparency in the State government contract-
ing process and increase accountability in State government.
 
 
LEGISLATIVE HISTORY:
 
2024: A.10281/S.9171, vetoed, Veto Memo 89
2023: S.6941/A.7404, similar proposal, vetoed, Veto Memo 144
 
 
FISCAL IMPLICATIONS:
 
None to the State.
 
 
EFFECTIVE DATE:
This bill will take effect on the thirtieth day after it has become law.

A06707 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6707
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2025
                                       ___________
 
        Introduced  by  M.  of  A. SOLAGES, McDONALD -- (at request of the State
          Comptroller) -- read once and referred to  the  Committee  on  Govern-
          mental Operations
 
        AN ACT to amend the state finance law, in relation to the public posting
          of  certain contracts otherwise subject to prior 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. Certain contracts to be publicly posted.  1.  For  purposes  of
     4  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 the state finance law,
     8  which is executed or made effective  in  accordance  with  an  executive
     9  order of the governor temporarily suspending such law, or any part ther-
    10  eof,  pursuant  to such governor's authority under section twenty-nine-a
    11  of the executive 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 such
    17  governor's 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 the state finance law,
    21  which  is executed or made effective in accordance with any provision of
    22  law expressly and specifically suspending the provisions of,  exempting,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06342-01-5
        A. 6707                             2
 
     1  or  otherwise  notwithstanding  section  one hundred twelve of the state
     2  finance law, or 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. (a) Within thirty days following  the  execution  of  an  emergency
    10  contract  or an exempted contract, such state agency, department, board,
    11  officer, commission, state authority, or institution shall post  on  the
    12  contracting  entity's public website the following information regarding
    13  such emergency contract or exempted contract by contract number:
    14    (i) 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    (ii) a brief description of the contract, including:
    18    (A) the amount of the contract;
    19    (B) the name of the vendor(s);
    20    (C) the contract term;
    21    (D) what is being provided by the contract; and
    22    (E) if the contract is an emergency contract, a  statement  explaining
    23  how the contract relates to the declared state disaster emergency; and
    24    (b)  whether  the contract was awarded based on a competitive process,
    25  and if not awarded pursuant to a competitive process, an explanation  of
    26  why a competitive process was not undertaken.
    27    3. The provisions of this section shall not be suspended, modified, or
    28  altered by the governor's authority to temporarily suspend provisions of
    29  law  during a state disaster emergency pursuant to section twenty-nine-a
    30  of the executive law.
    31    § 2. This act shall take effect on the thirtieth day  after  it  shall
    32  have become a law.