NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1532
SPONSOR: Wallace TITLE OF BILL:
An act to amend the state finance law, in relation to exempting the
review of certain contracts from suspension of certain laws during a
state disaster emergency
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that the office of the state comptroller's authority to review
state contracts prior to ratification, under sections 112 and 163 of the
state finance law, remains intact during a state disaster emergency that
extends beyond 30 days.
SUMMARY OF PROVISIONS:
Section one amends § 112 of the state finance law, providing this
section of law is not subject to the governor's authority under § 29-a
of the executive law to extend the suspension of laws beyond thirty
days.
Section two mirrors the provisions of section one and makes them appli-
cable to § 163 of the state finance law.
Section three of the bill provides the effective date.
JUSTIFICATION:
Living under a declared state disaster emergency has become a new normal
for New Yorkers. With increasing regularity, declared state disaster
emergencies are extending well beyond 30 days, enabling state agencies
to routinely enter into contracts worth tens of millions of dollars
without the review by the office of the state comptroller that state law
would otherwise require outside a disaster emergency. While giving state
agencies the flexibility they need to address critical emergencies is
important, it should not come at the expense of governmental oversight
and accountability.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A10590/S8062 - Referred to Governmental Operations/Passed
Senate
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 163 of the state finance law made by section two
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith. NEW YORK STATE ASSEMBLY
STATE OF NEW YORK
________________________________________________________________________
1532
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, in relation to exempting the
review of certain contracts from suspension of certain laws during a
state disaster emergency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 163 of the state finance law is amended by adding a
2 new subdivision 16 to read as follows:
3 16. Notwithstanding any provision of law to the contrary, the
4 provisions of this section are not subject to the governor's authority
5 under section twenty-nine-a of the executive law to extend the suspen-
6 sion of laws beyond thirty days.
7 § 2. Section 112 of the state finance law is amended by adding a new
8 subdivision 5 to read as follows:
9 5. Notwithstanding any provision of law to the contrary, the
10 provisions of this section are not subject to the governor's authority
11 under section twenty-nine-a of the executive law to extend the suspen-
12 sion of laws beyond thirty days.
13 § 3. This act shall take effect immediately; provided, however, that
14 the amendments to section 163 of the state finance law made by section
15 one of this act shall not affect the repeal of such section and shall be
16 deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01307-01-3
