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A07404 Summary:

BILL NOA07404
 
SAME ASSAME AS S06941
 
SPONSORSolages
 
COSPNSRMcDonald, Zebrowski, Fahy
 
MLTSPNSR
 
Add 149, St Fin L
 
Requires the public posting of certain contracts otherwise subject to prior approval of the comptroller.
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A07404 Memo:

NEW 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.
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A07404 Text:



 
                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.
                                                                   LBD10212-01-3

        A. 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.
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