A07404 Summary:
BILL NO | A07404 |
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SAME AS | SAME AS S06941 |
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SPONSOR | Solages |
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COSPNSR | McDonald, Zebrowski, Fahy |
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MLTSPNSR | |
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Add 149, St Fin L | |
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Requires the public posting of certain contracts otherwise subject to prior approval of the comptroller. |
A07404 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A7404 SPONSOR: Solages
  TITLE OF BILL: An act to amend the state finance law, in relation to requiring the public posting of certain contracts otherwise subject to prior approval of the comptroller   PURPOSE: This legislation amends the State Finance Law to require all current and future exempted and emergency State contracts to be publicly posted.   SUMMARY OF PROVISIONS: Section 1 of this bill amends the State Finance Law by adding a new section 149 to provide the following: State Finance Law section 149 (1) provides definitions for "emergency contracts" and "exempted contracts" as they are used in this section. State Finance Law section 149 (2) requires that all emergency and exempted contracts be publicly posted by the contracting entity. Each contract shall be published with: * the relevant emergency declaration or provision suspending or exempt- ing prior Comptroller review; * a brief description of the contract, including, the amount of the contract, the name of the vendor(s), the contract term, what is being provided by the contract, and if the contract is an emergency contract, a statement explaining how the contract relates to the declared state disaster emergency; and * a statement explaining whether the contract was chosen on a compet- itive basis, and if not, an explanation why a competitive process was not undertaken. State Finance Law section 149 (3) requires that any emergency or exempted contract still in effect at the time of this bill's effective date be publicly posted. State Finance Law section 149 (4) provides that this section cannot be suspended, modified, or altered by the governor during a state disaster emergency pursuant to section twenty- nine-a of the executive law. Section 2 of this bill provides for an effective date.   JUSTIFICATION: Providing independent review and oversight of State entity contracts is a core function of the Office of the State Comptroller. OSC oversight promotes transparency, enhances accountability and protects taxpayers, agencies, not-for-profit organizations and vendors contracting with the State by validating that a contract's costs are reasonable, its terms are favorable to the State, and a level playing field existed for all bidders. Over the last decade, it has become common practice to exempt certain contracts from OSC review and approval through Executive and Legislative actions. This bill intends to restore transparency and shine a light on contracts that have been exempted from OSC review and approval by requiring the State entity to publicly post any such contracts executed under a Legislative exemption or pursuant to an Executive exemption, such as a state disaster emergency. This bill also requires the State agency or State authority to note the Executive action or Legislative action that exempted such contract, and to provide a brief description of the contract. This effort would improve transparency in the State government contracting process and increase accountability in State government.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill will take effect on the thirtieth day after it has become law.
A07404 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7404 2023-2024 Regular Sessions IN ASSEMBLY May 19, 2023 ___________ Introduced by M. of A. SOLAGES, McDONALD, ZEBROWSKI -- (at request of the State Comptroller) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to requiring the public posting of certain contracts otherwise subject to prior approval of the comptroller 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 2 149 to read as follows: 3 § 149. Certain contracts to be publicly posted. 1. For purposes of 4 this section, the following definitions shall apply: 5 (a) "emergency contract" shall mean: 6 (i) any contract otherwise subject to prior approval by the comp- 7 troller pursuant to section one hundred twelve of this chapter, which is 8 executed or made effective in accordance with an executive order of the 9 governor temporarily suspending such law, or any part thereof, pursuant 10 to his or her authority under section twenty-nine-a of the executive 11 law; and 12 (ii) any contract otherwise eligible for prior approval by the comp- 13 troller pursuant to any provision of law, including section twenty-eight 14 hundred seventy-nine-a of the public authorities law, which is executed 15 or made effective in accordance with an executive order of the governor 16 temporarily suspending such law, or any part thereof, pursuant to his or 17 her authority under section twenty-nine-a of the executive law. 18 (b) "exempted contract" shall mean: 19 (i) any contract otherwise subject to prior approval by the comp- 20 troller pursuant to section one hundred twelve of this chapter, which is 21 executed or made effective in accordance with any provision of law 22 expressly and specifically suspending the provisions of, exempting, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10212-01-3A. 7404 2 1 otherwise notwithstanding section one hundred twelve of this chapter, or 2 any part thereof; and 3 (ii) any contract otherwise eligible for prior approval by the comp- 4 troller pursuant to any provision of law, including section twenty-eight 5 hundred seventy-nine-a of the public authorities law, which is executed 6 or made effective in accordance with any provision of law suspending the 7 provisions of, exempting, or otherwise notwithstanding such law, or any 8 part thereof. 9 2. Within thirty days following the execution of an emergency contract 10 or an exempted contract, such state agency, department, board, officer, 11 commission, state authority, or institution shall post on the contract- 12 ing entity's public website, the emergency contract or exempted contract 13 as well as the following information: 14 (a) if the contract is an emergency contract, the emergency declara- 15 tion that such contract pertains to and, if the contract is an exempted 16 contract, the provision of law suspended or exempted; 17 (b) a brief description of the contract, including: (i) the amount of 18 the contract; (ii) the name of the vendor or vendors; (iii) the contract 19 term; (iv) what is being provided by the contract; and (v) if the 20 contract is an emergency contract, a statement explaining how the 21 contract relates to the declared state disaster emergency; and 22 (c) whether the contract was awarded based on a competitive process 23 and, if not awarded pursuant to a competitive process, an explanation of 24 why a competitive process was not undertaken. 25 3. All emergency contracts or exempted contracts currently in effect 26 upon the effective date of this section shall also be posted on the 27 contracting entity's public website within thirty days with the informa- 28 tion required in subdivision two of this section. 29 4. The provisions of this section cannot be suspended, modified, or 30 altered by the governor's authority to temporarily suspend provisions of 31 law during a state disaster emergency pursuant to section twenty-nine-a 32 of the executive law. 33 § 2. This act shall take effect on the thirtieth day after it shall 34 have become a law.