Bill Text: NY A10406 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires that within thirty days following the execution of a state disaster emergency contract or an exempted contract, such state agency, department, board, officer, commission, state authority, or institution shall submit certain information to the office of the state comptroller, with redactions made by the contracting entity which shall be made available on its public website; defines terms; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-13 - referred to governmental operations [A10406 Detail]

Download: New_York-2021-A10406-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10406

                   IN ASSEMBLY

                                      May 13, 2022
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
          read once and referred to the Committee on Governmental Operations

        AN ACT to amend the state  finance  law,  in  relation  to  approval  of
          contracts  during a state disaster emergency or in accordance with any
          other provision of law suspending approval

          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 terms shall have the following meanings:
     5    (a) "state disaster emergency contract" shall mean:
     6    (i) any contract subject to prior approval by the comptroller pursuant
     7  to  subdivision two of section one hundred twelve of this chapter, which
     8  is executed or made effective in accordance with an executive  order  of
     9  the  governor  temporarily  suspending  subdivision  two  of section one
    10  hundred twelve of this chapter, or any part thereof, pursuant to his  or
    11  her authority under section twenty-nine-a of the executive law; and
    12    (ii)  any  contract  subject to prior review and approval by the comp-
    13  troller pursuant to section twenty-eight hundred seventy-nine-a  of  the
    14  public  authorities  law, which is executed or made effective in accord-
    15  ance with an executive order  of  the  governor  temporarily  suspending
    16  section  twenty-eight  hundred  seventy-nine-a of the public authorities
    17  law, or any part thereof, pursuant to his or her authority under section
    18  twenty-nine-a of the executive law.
    19    (b) "exempted contract" shall mean:
    20    (i)  any contract subject to prior approval by the comptroller  pursu-
    21  ant  to section one hundred twelve of this chapter, which is executed or
    22  made effective in accordance with any provision of  law  suspending  the
    23  provisions  of,  exempting, or otherwise notwithstanding subdivision two
    24  of section one hundred twelve of this chapter; and
    25    (ii) any contract subject to prior review and approval  by  the  comp-
    26  troller  pursuant  to section twenty-eight hundred seventy-nine-a of the
    27  public authorities law, which is executed or made effective  in  accord-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14766-01-2
        A. 10406                            2

     1  ance  with any provision of law suspending the provisions of, exempting,
     2  or otherwise notwithstanding section twenty-eight hundred seventy-nine-a
     3  of the public authorities law.
     4    2.  Within  thirty  days  following  the execution of a state disaster
     5  emergency contract or an exempted contract, such state  agency,  depart-
     6  ment,  board, officer, commission, state authority, or institution shall
     7  submit the following information to the office of the state comptroller,
     8  with  redactions  made  by  the  contracting  entity  pursuant  to   the
     9  provisions  of  section  eighty-nine  of  the public officers law, which
    10  shall be made available on its public website:
    11    (a) the state disaster emergency contract or exempted contract;
    12    (b) a  statement  acknowledging  that  the  state  disaster  emergency
    13  contract  or exempted contract was entered into without the prior review
    14  and approval required by subdivision two of section one  hundred  twelve
    15  of  this  chapter, or as applicable, section twenty-eight hundred seven-
    16  ty-nine-a of the public authorities law; and
    17    (c) with respect to a state disaster emergency contract,  a  statement
    18  describing  how  compliance  with subdivision two of section one hundred
    19  twelve of this chapter, or as applicable, section  twenty-eight  hundred
    20  seventy-nine-a  of the public authorities law, would prevent, hinder, or
    21  delay action necessary to cope with the  state  disaster  emergency  and
    22  with  respect to an exempted contract, a statement describing how remov-
    23  ing compliance with subdivision two of section  one  hundred  twelve  of
    24  this  chapter,  or  as applicable, section twenty-eight hundred seventy-
    25  nine-a of the public authorities law, is in the best  interests  of  the
    26  state.
    27    3.  Notwithstanding  any  other provisions of law to the contrary, the
    28  provisions of this section cannot be suspended, modified, or altered  by
    29  the governor's authority to temporarily suspend provisions of law during
    30  a  state  disaster  emergency  pursuant  to section twenty-nine-a of the
    31  executive law.
    32    § 2. This act shall take effect on the thirtieth day  after  it  shall
    33  have become a law.