Bill Text: NY S08436 | 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) 2022-03-01 - REFERRED TO PROCUREMENT AND CONTRACTS [S08436 Detail]

Download: New_York-2021-S08436-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8436

                    IN SENATE

                                      March 1, 2022
                                       ___________

        Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
          and when printed to be committed to the Committee on  Procurement  and
          Contracts

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14766-01-2
        S. 8436                             2

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