New York State Assembly

 
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A00624 Summary:

A00624 Actions:

A00624 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:01/18/2023AYE/NAY:24/9  Action: Favorable refer to committee Rules        
Weinstein
Excused
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Nay
Colton
Aye
Blankenbush
Nay
Cook
Aye
Norris
Nay
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Nay
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Excused
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:01/18/2023AYE/NAY:20/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Excused
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:01/18/2023AYE/NAY:11/1  Action: Favorable refer to committee Ways and Means        
McDonald
Aye
Durso
Aye
Glick
Aye
Goodell
Nay
Kim
Aye
Beephan
Aye
Bichotte Hermel
Excused
Slater
Aye
Hyndman
Aye
Williams
Excused
Wallace
Aye
Meeks
Aye
Raga
Aye
Simone
Aye

A00624 Floor Votes:

A00624 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           624
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the state finance law and the education law, in relation
          to the oversight of certain contracts by the comptroller
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (a) of subdivision 2 of section 112 of the state
     2  finance law, as amended by a chapter of the laws of 2022,  amending  the
     3  state  finance law and the education law relating to restoring oversight
     4  of certain contracts by the  comptroller,  as  proposed  in  legislative
     5  bills numbers S. 6809-A and A. 7925-A, is amended to read as follows:
     6    (a)  (i)  Before  any  contract:  (1) made for or by any state agency,
     7  department, board,  officer,  commission,  or  institution,  except  the
     8  office  of  general  services  or  its customer agencies serviced by the
     9  office of general services business services center, shall  be  executed
    10  or  become  effective,  whenever  such  contract  exceeds fifty thousand
    11  dollars in amount [and before any contract], it shall first be  approved
    12  by  the  office  of  the comptroller and filed in his or her office; (2)
    13  made for or by the office of general services, whether for itself or for
    14  its customer agencies serviced by the office of general  services  busi-
    15  ness  services  center,  shall be executed or become effective, whenever
    16  such contract exceeds eighty-five thousand dollars in amount,  it  shall
    17  first  be approved by the comptroller and filed in his or her office; or
    18  (3) established as a centralized contract through the office of  general
    19  services  shall  be executed or become effective, whenever such contract
    20  exceeds one hundred twenty-five thousand dollars  in  amount,  it  shall
    21  first  be  approved  by  the comptroller and filed in his or her office;
    22  provided, however, before any purchase order or other procurement trans-
    23  action issued under such centralized contract, which exceeds two hundred
    24  thousand dollars in amount shall be executed  or  become  effective,  it
    25  shall  first  be  approved  by  the  comptroller and filed in his or her
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04224-01-3
        A. 624                              2
 
     1  office. Provided, further, however, that with the exception of contracts
     2  identified in subparagraph (ii) of this paragraph the comptroller  shall
     3  make  a  final  written  determination  with respect to approval of such
     4  contract within ninety days of the submission of such contract to his or
     5  her  office  unless  the comptroller shall notify, in writing, the state
     6  agency, department, board, officer, commission, or institution, prior to
     7  the expiration of the ninety day period, and for good cause, of the need
     8  for an extension of not more than fifteen days, or a  reasonable  period
     9  of  time  agreed  to  by  such state agency, department, board, officer,
    10  commission, or institution and  provided,  further,  that  such  written
    11  determination  or extension shall be made part of the procurement record
    12  pursuant to paragraph f  of  subdivision  one  of  section  one  hundred
    13  sixty-three of this chapter.
    14    (ii) Before any contract established as a centralized contract through
    15  the office of general services, as provided for in item three of subpar-
    16  agraph  (i)  of  this paragraph, or any contract made in accordance with
    17  subdivision five, six or paragraph b of subdivision sixteen  of  section
    18  three  hundred  fifty-five  of  the education law, section three hundred
    19  seventy-three of the education law, section sixty-two  hundred  eighteen
    20  of  the  education law, or section sixty-two hundred seventy-five of the
    21  education law, shall be executed  or  become  effective,  such  contract
    22  shall  first  be  approved  by  the  comptroller and filed in his or her
    23  office.   Provided, however, that the comptroller  shall  make  a  final
    24  written  determination  with respect to approval of such contract within
    25  seventy-five days of the submission of  such  contract  to  his  or  her
    26  office  unless the comptroller shall notify, in writing, the state agen-
    27  cy, department, board, officer, commission, or institution, prior to the
    28  expiration of the seventy-five day period, and for good  cause,  of  the
    29  need  for  an  extension  of not more than fifteen days, or a reasonable
    30  period of time agreed to by such state agency, department, board,  offi-
    31  cer, commission, or institution and provided, further, that such written
    32  determination  or extension shall be made part of the procurement record
    33  pursuant to paragraph f  of  subdivision  one  of  section  one  hundred
    34  sixty-three of this chapter.
    35    § 2. Paragraph a of subdivision 5 of section 355 of the education law,
    36  as  added  by  a chapter of the laws of 2022, amending the state finance
    37  law and the education law relating to  restoring  oversight  of  certain
    38  contracts  by  the comptroller, as proposed in legislative bills numbers
    39  S. 6809-A and A. 7925-A, is amended to read as follows:
    40    a.  (i)  purchase  materials,   proprietary   electronic   information
    41  resources  including  but  not  limited  to  academic, professional, and
    42  industry journals, reference handbooks and  manuals,  research  tracking
    43  tools,  indexes  and  abstracts;  and  equipment and supplies, including
    44  computer equipment and motor vehicles, where the  amount  for  a  single
    45  purchase  does  not  exceed  [fifty] seventy-five thousand dollars, (ii)
    46  execute contracts for services and construction contracts to  an  amount
    47  not  exceeding [fifty] seventy-five thousand dollars, and (iii) contract
    48  for printing to an amount not exceeding  [fifty]  seventy-five  thousand
    49  dollars,  without  prior  approval by any other state officer or agency,
    50  but subject to rules and regulations of the state comptroller not other-
    51  wise inconsistent with the provisions of this section and in  accordance
    52  with  the  guidelines promulgated by the state university board of trus-
    53  tees after consultation with the state  comptroller.  In  addition,  the
    54  trustees,  after consultation with the commissioner of general services,
    55  are  authorized  to  annually  negotiate  with  the  state   comptroller
    56  increases  in  the aforementioned dollar limits and the exemption of any
        A. 624                              3

     1  articles, categories of articles, services, or  commodities  from  these
     2  limits;
     3    §  3. Items (A) and (B) of subparagraph (i) of paragraph b of subdivi-
     4  sion 16 of section 355 of the education law, as added by  a  chapter  of
     5  the  laws  of 2022, amending the state finance law and the education law
     6  relating to restoring oversight of certain contracts by the comptroller,
     7  as proposed in legislative bills numbers S. 6809-A and  A.  7925-A,  are
     8  amended to read as follows:
     9    (A)  for any contract which does not exceed [seventy-five] one hundred
    10  fifty thousand dollars; or
    11    (B) for joint or group purchasing arrangements  which  do  not  exceed
    12  [seventy-five] one hundred fifty thousand dollars without prior approval
    13  by  any  other state officer or agency in accordance with procedures and
    14  requirements found in paragraph a of subdivision five of this section.
    15    § 4. Subdivision 12 of section 373 of the education law, as added by a
    16  chapter of the laws of 2022, amending the  state  finance  law  and  the
    17  education  law  relating  to restoring oversight of certain contracts by
    18  the comptroller, as proposed in legislative bills numbers S. 6809-A  and
    19  A. 7925-A, is amended to read as follows:
    20    12.  To  make  and  execute contracts, lease agreements, and all other
    21  instruments necessary or convenient for the exercise  of  its  corporate
    22  powers  and the fulfillment of its corporate purposes under this article
    23  to an amount not exceeding seventy-five thousand dollars  without  prior
    24  approval by any other state officer or agency; notwithstanding the fore-
    25  going,  all  contracts,  lease  agreements,  and  all  other instruments
    26  exceeding seventy-five thousand dollars in amount shall  be  subject  to
    27  section one hundred twelve of the state finance law;
    28    § 5. Subdivision a of section 6218 of the education law, as added by a
    29  chapter  of  the  laws  of  2022, amending the state finance law and the
    30  education law relating to restoring oversight of  certain  contracts  by
    31  the  comptroller, as proposed in legislative bills numbers S. 6809-A and
    32  A. 7925-A, is amended to read as follows:
    33    a. Notwithstanding the provisions of subdivision two  of  section  one
    34  hundred  twelve  and sections one hundred fifteen, one hundred sixty-one
    35  and one hundred sixty-three of the state finance law and  section  three
    36  of the New York state printing and public documents law or any other law
    37  to  the  contrary,  the  city  university  trustees  are  authorized and
    38  empowered to:
    39    (i) purchase materials; proprietary electronic information  resources,
    40  including, but not limited to, academic, professional and industry jour-
    41  nals,  reference handbooks and manuals, research tracking tools, indexes
    42  and abstracts; and equipment and supplies, including computer  equipment
    43  and  motor  vehicles,  where  the  amount for a single purchase does not
    44  exceed [fifty] seventy-five thousand dollars, (ii) execute contracts for
    45  services and construction contracts to an amount not  exceeding  [fifty]
    46  seventy-five  thousand  dollars,  and  (iii) contract for printing to an
    47  amount not exceeding  [fifty]  seventy-five  thousand  dollars,  without
    48  prior  approval  by  any  other  state officer or agency, but subject to
    49  rules and regulations of the state comptroller not otherwise  inconsist-
    50  ent  with  the  provisions  of  this  section and in accordance with the
    51  guidelines promulgated by the city university board  of  trustees  after
    52  consultation  with  the state comptroller. In addition, the trustees are
    53  authorized to annually negotiate with the state comptroller increases in
    54  the aforementioned dollar limits and  the  exemption  of  any  articles,
    55  categories  of  articles,  services,  or  commodities from these limits.
    56  Guidelines promulgated by the city university board of  trustees  shall,
        A. 624                              4
 
     1  to  the extent practicable, require that competitive proposals be solic-
     2  ited for purchases, and shall include requirements  that  purchases  and
     3  contracts  authorized  under  this  section  be  at the lowest available
     4  price.
     5    § 6. Subdivision 9 of section 6275 of the education law, as amended by
     6  chapter 332 of the laws of 1975, is amended to read as follows:
     7    (9)  to  make  and  execute contracts, leases, subleases and all other
     8  instruments or agreements necessary or convenient for  the  exercise  of
     9  its  corporate  powers  and purposes to an amount not exceeding seventy-
    10  five thousand dollars without prior approval by any other state  officer
    11  or   agency;  notwithstanding  the  foregoing,  all  contracts,  leases,
    12  subleases, and all other instruments or  agreements  exceeding  seventy-
    13  five  thousand dollars in amount shall be subject to section one hundred
    14  twelve of the state finance law;
    15    § 7. This act shall take effect on the  same  date  and  in  the  same
    16  manner  as a chapter of the laws of 2022, amending the state finance law
    17  and the  education  law  relating  to  restoring  oversight  of  certain
    18  contracts  by  the comptroller, as proposed in legislative bills numbers
    19  S. 6809-A and A. 7925-A, takes effect.