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S07351 Summary:

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S07351 Floor Votes:

S07351 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7351
 
                    IN SENATE
 
                                      May 13, 2014
                                       ___________
 
        Introduced  by  Sen. MARTINS -- (at request of the State Comptroller) --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Commerce, Economic Development and Small Business
 
        AN  ACT to amend the economic development law and the state finance law,
          in relation to making technical corrections relating to thresholds for
          the publication of procurement opportunities
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 146 of the economic development law, as amended by
     2  chapter 95 of the laws of 2000 and renumbered by chapter 137 of the laws
     3  of 2008, is amended to read as follows:
     4    § 146. Approval of comptroller. The comptroller shall not  approve  or
     5  file  any  procurement contract for the acquisition of goods or services
     6  in the amount of [fifteen] fifty thousand dollars or more unless  notice
     7  as provided in section one hundred forty-two of this article shall first
     8  have been published in the procurement opportunities newsletter at least
     9  fifteen  business  days prior to the date on which a bid or proposal was
    10  due. Provided, however,  such  requirement  of  publication  of  advance

    11  notice  shall  not apply to contracts exempt from such requirement under
    12  section one hundred forty-four of this article; provided  further,  that
    13  the  comptroller shall not be required to disapprove a contract if he or
    14  she determines that there  has  been  substantial  compliance  with  the
    15  requirements  of  section  one hundred forty-two and section one hundred
    16  forty-three of this article. The foregoing provisions  of  this  section
    17  shall  not  be construed to limit, in any manner, the right of the comp-
    18  troller to demand evidence of adequate competition or such other  proofs
    19  as he or she may require in the discharge of his or her responsibilities
    20  pursuant  to  section one hundred twelve of the state finance law or any
    21  other provision of law.
    22    § 2. Subdivision 6-a of section 163 of the state finance law, as added

    23  by section 4 of part D of chapter 56 of the laws of 2006, is amended  to
    24  read as follows:
    25    6-a. Discretionary purchases. Notwithstanding the provisions of subdi-
    26  vision two of section one hundred twelve of this chapter relating to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13533-02-4
        S. 7351                             2
 
     1  dollar   threshold   requiring   the  state  comptroller's  approval  of
     2  contracts, the commissioner of general services may  make  purchases  or
     3  enter  into  contracts  for  the acquisition of commodities and services
     4  having  a value not exceeding eighty-five thousand dollars without prior

     5  approval by any other state officer or agency in accordance with  proce-
     6  dures  and  requirements set forth in this article. [Notwithstanding the
     7  provisions of article  four-C  of  the  economic  development  law,  the
     8  commissioner  of  general  services  may  make  purchases  or enter into
     9  contracts for the acquisition of commodities and services having a value
    10  not exceeding thirty thousand dollars  without  prior  approval  by  any
    11  other state officer or agency in accordance with procedures and require-
    12  ments set forth in this article.]
    13    § 3. This act shall take effect immediately, provided, that the amend-
    14  ment  to subdivision 6-a of section 163 of the state finance law made by
    15  section two of this act shall not affect the repeal of such section  and
    16  shall be deemed repealed therewith.