S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3815

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2009
                                      ___________

       Introduced by M. of A. BRENNAN, PHEFFER, COLTON -- Multi-Sponsored by --
         M.  of  A.  CAHILL, COOK, GLICK, GOTTFRIED, JOHN, SWEENEY -- read once
         and referred to the Committee on Governmental Operations

       AN ACT to amend the state finance law, in relation to sharing of  vendor
         responsibility determinations

         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  147 to read as follows:
    3    S  147.  SHARING  OF  VENDOR  RESPONSIBILITY DETERMINATIONS. ANY FINAL
    4  NONRESPONSIBILITY DETERMINATION MADE  BY  A  STATE  AGENCY,  DEPARTMENT,
    5  BOARD, COMMISSION, OFFICE OR INSTITUTION IN CONJUNCTION WITH AN AWARD OF
    6  A  CONTRACT  EXCEEDING  TEN  THOUSAND DOLLARS, SHALL BE TRANSMITTED WITH
    7  SUPPORTING DOCUMENTATION TO THE STATE COMPTROLLER. A FINAL  NONRESPONSI-
    8  BILITY  DETERMINATION  MADE  BY  A  PUBLIC BENEFIT CORPORATION OR PUBLIC
    9  AUTHORITY IN CONJUNCTION WITH AN AWARD OF A CONTRACT EXCEEDING TEN THOU-
   10  SAND DOLLARS, MAY BE TRANSMITTED TO THE  STATE  COMPTROLLER  UNLESS  THE
   11  COMPTROLLER  APPROVES  SUCH  PUBLIC AUTHORITY'S OR PUBLIC BENEFIT CORPO-
   12  RATION'S CONTRACTS, IN WHICH CASE  SUCH  PUBLIC  AUTHORITY'S  OR  PUBLIC
   13  BENEFIT  CORPORATION'S  FINAL  NONRESPONSIBILITY DETERMINATIONS SHALL BE
   14  TRANSMITTED TO THE STATE COMPTROLLER WITH SUPPORTING  DOCUMENTATION.  IN
   15  THOSE  INSTANCES WHERE THE STATE COMPTROLLER, IN ACCORDANCE WITH SECTION
   16  ONE HUNDRED TWELVE OF THIS CHAPTER OR  PURSUANT  TO  ANY  OTHER  LAW  OR
   17  AGREEMENT,  APPROVES A CONTRACT AWARD WHICH UPHOLDS A FINAL NONRESPONSI-
   18  BILITY DETERMINATION, THE STATE COMPTROLLER SHALL SHARE SUCH  NONRESPON-
   19  SIBILITY  DETERMINATIONS WITH ALL AGENCIES IN SUCH MANNER AND FORM AS HE
   20  OR SHE DEEMS APPROPRIATE TO ENSURE THE TIMELY SHARING OF  SUCH  INFORMA-
   21  TION.   NONRESPONSIBILITY DETERMINATIONS SHARED BY THE COMPTROLLER SHALL
   22  INCLUDE WITHOUT LIMITATION THE NAME OF THE BIDDER, CONTRACTOR OR SUBCON-
   23  TRACTOR DEEMED NONRESPONSIBLE, THE NAME OF THE CONTRACTING  AGENCY,  AND
   24  THE  REASONS  FOR SUCH DETERMINATION. AGENCIES SHALL, AND PUBLIC BENEFIT

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05243-01-9
       A. 3815                             2

    1  CORPORATIONS OR PUBLIC AUTHORITIES MAY, EXAMINE SUCH DATA IN DETERMINING
    2  RESPONSIBILITY OF PROSPECTIVE BIDDERS, OR SUBCONTRACTORS BUT  SHALL  NOT
    3  BE BOUND BY SUCH OTHER AGENCY NONRESPONSIBILITY DETERMINATIONS.
    4    S 2. This act shall take effect immediately.