S07324 Summary:
BILL NO | S07324 |
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SAME AS | SAME AS A09923 |
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SPONSOR | MARCELLINO |
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COSPNSR | |
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MLTSPNSR | |
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Amd SS8 & 163, rpld S163 sub 14, St Fin L; amd S9, Pub Bldg L | |
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Relates to consolidation of statutory procurement and consulting reports. |
S07324 Actions:
BILL NO | S07324 | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/12/2014 | REFERRED TO INFRASTRUCTURE AND CAPITAL INVESTMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
05/20/2014 | 1ST REPORT CAL.865 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/21/2014 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2014 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2014 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2014 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2014 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | substituted for a9923 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | ordered to third reading rules cal.418 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
08/01/2014 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
08/11/2014 | SIGNED CHAP.317 |
S07324 Floor Votes:
Yes
Abbate
Yes
Curran
Yes
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
Yes
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
Yes
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
Yes
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
‡ Indicates voting via videoconference
S07324 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7324 IN SENATE May 12, 2014 ___________ Introduced by Sen. MARCELLINO -- (at request of the State Comptroller) -- read twice and ordered printed, and when printed to be committed to the Committee on Infrastructure and Capital Investment AN ACT to amend the state finance law and the public buildings law, in relation to the consolidation of statutory procurement and consulting reports; and to repeal certain provisions of the state finance law relating to reporting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 17 of section 8 of the state finance law, as 2 amended by chapter 10 of the laws of 2006, is amended to read as 3 follows: 4 [17. Report annually to the legislature on or before May first on the5contracts issued by state agencies during the previous fiscal year for6consulting services. The report shall include the following information7for each agency:8a. The number of contracts issued for consulting services;9b. The name and address of the vendor to whom each contract is issued;10c. The total dollar value of each contract;11d. The consulting services for which each contract is issued;12e. Whether competitive bidding was used in awarding each contract;13f. The number of employees, by employment category within the14contract, employed to provide services under the contract, the number of15hours they work and their total compensation under the contract.16For the purposes of this report, a contract for consulting services17shall mean any contract entered into by a state agency for analysis,18evaluation, research, training, data processing, computer programming,19engineering, environmental health and mental health services, account-20ing, auditing, paralegal, legal, or similar services. This report shall21be available for public inspection and copying pursuant to section22eighty-seven of the public officers law provided that in disclosing such23reports pursuant to the public officers law, the agency making the24disclosure shall redact the name or social security number of any indi-25vidual employee that is included in such document.] 26 § 2. Subdivision 5 of section 9 of the public buildings law, as added 27 by chapter 674 of the laws of 1993, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13927-02-4S. 7324 2 1 [5. On or before January thirty-first of each year, the state comp-2troller shall file a report with the chairs of the senate finance3committee and the assembly ways and means committee listing the4construction emergency contracts let under the terms of this section in5an amount exceeding ten thousand dollars and approved by the comptroller6during the preceding calendar year. The report shall with respect to7each such contract state the amount thereof, the name and address of the8contractor, the scope of the work of the contract and the nature of the9emergency for which it was let.] 10 § 3. Subdivision 14 of section 163 of the state finance law is 11 REPEALED and two new subdivisions 14 and 15 are added to read as 12 follows: 13 14. Reporting by the state comptroller. To support transparency in the 14 state's procurement process and prudent procurement management, over- 15 sight and policy-making, the state comptroller shall submit a report to 16 the state procurement council, the governor, the commissioner of the 17 office of general services, the director of the budget, and the legisla- 18 tive fiscal committees containing data related to state agency 19 contracts. Such report shall be made annually, on a fiscal year basis 20 by the first of July of the next succeeding year. 21 a. For state agency contracts, such report shall include: 22 (i) a list of all active contracts as of the end of the fiscal year; 23 (ii) a list of all contracts reviewed by the office of the state comp- 24 troller during the fiscal year; 25 (iii) a list of contract award protests reviewed by the office of the 26 state comptroller and the resolution thereof; and 27 (iv) for consulting contracts subject to approval of the state comp- 28 troller, a report of planned and actual employment under each contract. 29 b. The lists required pursuant to subparagraphs (i) and (ii) of para- 30 graph a of this subdivision shall include, to the extent reasonably 31 available, the following information related to each contract: 32 (i) the state agency letting the contract; 33 (ii) the state agency for which the contract is let, if different; 34 (iii) whether an agency contract or centralized contract; 35 (iv) vendor name and address; 36 (v) a description of the contract. For contracts let under section 37 nine of the public buildings law, the description shall denote the scope 38 of work of the contract and the nature of the emergency for which it was 39 let; 40 (vi) contract start and end dates; 41 (vii) the dollar value of the contract; 42 (viii) for contracts subject to approval by the state comptroller, 43 whether approved or non-approved, the date of such approval/non- 44 approval, and if non-approved, the reason or reasons therefor; 45 (ix) life to date and fiscal year expenditures against the contract 46 and by which agencies; 47 (x) major contract category, including, but not limited to, consult- 48 ant, construction, equipment, grants, leases, land claim, miscellaneous 49 services, printing, repayment agreements, revenue agreements, intergov- 50 ernmental agreements, and commodities; 51 (xi) source selection method, including "lowest price", "best value", 52 sole source, single source, negotiated and/or emergency procurement; 53 (xii) number of bids/proposals received by the contracting agency; and 54 (xiii) subtotals as deemed applicable. 55 c. The report required pursuant to subparagraph (iv) of paragraph a of 56 this subdivision shall include:S. 7324 3 1 (i) information required to be reported by the contractor annually by 2 the employment category within the contract, including the planned 3 number of employees to provide services under the contract, the planned 4 number of hours to be worked under the contract, and the total compen- 5 sation planned under the contract; and 6 (ii) information required to be reported by the contractor annually 7 pursuant to paragraph g of subdivision four of this section, specif- 8 ically, the actual number of employees, by employment category within 9 the contract, employed to provide services under the contract, the 10 number of hours worked and total compensation under the contract. 11 d. For the purposes of the report required pursuant to subparagraph 12 (iv) of paragraph a of this subdivision, a "contract for consulting 13 services" shall mean any contract entered into by a state agency for 14 analysis, evaluation, research, training, data processing, computer 15 programming, engineering, environmental health and mental health 16 services, accounting, auditing, paralegal, legal, or similar services. 17 Such report shall be available for public inspection and copying pursu- 18 ant to section eighty-seven of the public officers law provided that in 19 disclosing such reports pursuant to the public officers law, the agency 20 making the disclosure shall redact the name, social security number and 21 other personal information of any individual employee or consultant that 22 is included in such document. 23 e. The information required by this subdivision shall be provided in 24 electronic format in such form as prescribed by the state comptroller 25 such that the data can be searched and sorted. 26 f. All reports required under this subdivision shall be available for 27 public inspection and copying pursuant to section eighty-seven of the 28 public officers law provided that in disclosing such reports pursuant to 29 the public officers law, the agency making the disclosure shall redact 30 the name or social security number of any individual employee that is 31 included in such document. 32 15. Reporting by agencies. a. State agencies shall report annually, on 33 a fiscal year basis, by July first of the ensuing year to the state 34 procurement council, the governor, the legislative fiscal committees and 35 the state comptroller the total number and total dollar value of single 36 source contracts awarded by the agency during the fiscal year, and the 37 percentage such contracts represent of the agency's total number and 38 total dollar value of contract awards during the reporting period. 39 b. Each state agency shall include with its report an assessment by 40 the agency head of the agency's efforts to minimize the award of single 41 source contracts. 42 c. All reports required under this subdivision shall be available for 43 public inspection and copying pursuant to section eighty-seven of the 44 public officers law provided that in disclosing such reports pursuant to 45 the public officers law, the agency making the disclosure shall redact 46 the name or social security number of any individual employee that is 47 included in such document. 48 § 4. This act shall take effect immediately; provided, however, that 49 the amendments to subdivision 5 of section 9 of the public buildings law 50 made by section two of this act shall not affect the expiration thereof 51 pursuant to chapter 674 of the laws of 1993, as amended, and shall be 52 deemed to expire therewith; and provided, further, that the amendments 53 to section 163 of the state finance law made by section three of this 54 act shall not affect the repeal of such section and shall be deemed 55 repealed therewith.