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A01131 Summary:

SPONSORRosenthal L
COSPNSRAbinanti, Hyndman, Seawright
Amd 2879-a, Pub Auth L
Relates to the approval of certain public authorities contracts by the state comptroller.
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A01131 Actions:

01/10/2017referred to corporations, authorities and commissions
04/25/2017reported referred to ways and means
01/03/2018referred to ways and means
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A01131 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal (MS)
  TITLE OF BILL: An act to amend the public authorities law, in relation to the approval of certain public authorities contracts by the state comptroller   PURPOSE: This bill expands the scope of eligible contracts potentially subject to the State Comptroller's approval to include all public authority contracts exceeding one million dollars.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends Subdivision 1 of Section 2879-a of the Public Author- ities Law to provide that all public authority contracts over one million dollars would, at the State Comptroller's discretion, be subject to the State Comptroller's approval. Section two sets forth the effective date.   JUSTIFICATION: Under current law, only public authority contracts over one million dollars that are non-competitive or funded with State dollars can be reviewed by the Office of the State Comptroller (OSC). A recent OSC audit found the Metropolitan Transportation Authority (MTA) slanted a supposedly competitive process to fill prime retail space in Grand Central Terminal in the favor of one company. OSC found that the MTA worked exclusively with the company behind the scenes on a lease for more than a year before issuing a request for proposals that resulted in the only response coming from such company. Because the MTA lease was purportedly a competitive process, it was not eligible for the Comp- troller's review before it was finalized. This bill would make all contracts over one million dollars eligible for review.   LEGISLATIVE HISTORY: 2015-16: A.1007 - Reported to Ways and Means 2013-14: A.2799 - Reported to Ways and Means; S.5114 - Reported to Finance   FISCAL IMPLICATIONS: No significant fiscal impact to the State.   EFFECTIVE DATE: This bill shall take effect on the sixtieth day after it shall have become a law.
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A01131 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2017
        Introduced  by  M. of A. ROSENTHAL, ABINANTI -- Multi-Sponsored by -- M.
          of A. FARRELL -- read once and referred to  the  Committee  on  Corpo-
          rations, Authorities and Commissions
        AN  ACT to amend the public authorities law, in relation to the approval
          of certain public authorities contracts by the state comptroller

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 1 of section 2879-a of the public authorities
     2  law, as added by chapter 506 of the laws of 2009, is amended to read  as
     3  follows:
     4    1. Except as set forth in subdivision three of this section, where the
     5  comptroller determines pursuant to his or her authority to supervise the
     6  accounts  of  public  corporations,  that  contracts  or  categories  of
     7  contracts in excess of one million dollars [(a)]  to  be  awarded  by  a
     8  state  authority  [to  a single source, a sole source or pursuant to any
     9  other method of procurement that is not competitive, or (b) which are to
    10  be paid in whole or in part from monies appropriated by the state  to  a
    11  state  authority  for such contractual expenditure,] require supervision
    12  in the form of prior review and approval  of  such  contracts,  and  the
    13  comptroller  so  notifies such authority of such determination, then any
    14  such contract entered into subsequent  to  such  notification  shall  be
    15  submitted  to the comptroller for his or her approval and shall not be a
    16  valid enforceable contract unless it shall first have been  approved  by
    17  the  comptroller.  Such  notification  shall  identify  the  process for
    18  submission, the categories of contracts at issue and the time period for
    19  which such submission is to take place. The comptroller shall promulgate
    20  such rules and regulations as may be necessary to carry out his  or  her
    21  responsibilities  under  this  section, including but not limited to the
    22  standards for determining which contracts will be subject to his or  her
    23  review and for approving such contracts.
    24    §  2.  This  act  shall take effect on the sixtieth day after it shall
    25  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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