NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10281
SPONSOR: Rules (Solages) TITLE OF BILL:
An act to amend the state finance law, in relation to the public posting
of certain contracts otherwise subject to the approval of the comp-
troller
PURPOSE:
This legislation amends the State Finance Law to require a listing of
all 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 publidyposted in a list by the contracting entity.
Each contract shall be published with:
*the relevant emergency declaration or provision suspending or exempting
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 competitive
basis, and if not, an explanation why a competitive process was not
undertaken.
State Finance Law section 149 (3) 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 a listing of any such
contracts executed under a Legislative exemption or pursuant to an Exec-
utive 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 contract-
ing process and increase accountability in State government.
LEGISLATIVE HISTORY:
New bill.
Similar proposal:
S.6941/A.7404, vetoed, Veto Memo 144
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill will take effect on the thirtieth day after it has become law.
STATE OF NEW YORK
________________________________________________________________________
10281
IN ASSEMBLY
May 16, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
(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 the public posting
of certain contracts otherwise subject to the approval of the comp-
troller
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. Required public posting of certain contracts. 1. For purposes
4 of this section, the following terms shall have the following meanings:
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, and
22 expressly and specifically suspends the provisions of, exempts, or is
23 otherwise notwithstanding of section one hundred twelve of this chapter,
24 or any part thereof; and
25 (ii) any contract otherwise eligible for prior approval by the comp-
26 troller pursuant to any provision of law, including section twenty-eight
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14142-01-4
A. 10281 2
1 hundred seventy-nine-a of the public authorities law, which is executed
2 or made effective in accordance with any provision of law suspending the
3 provisions of, exempting, or otherwise notwithstanding such law, or any
4 part thereof.
5 2. Within thirty days following the execution of an emergency contract
6 or an exempted contract, such state agency, department, board, officer,
7 commission, state authority, or institution shall post on the contract-
8 ing entity's public website the following information regarding such
9 emergency contract or exempted contract by contract number:
10 (i) if the contract is an emergency contract, the emergency declara-
11 tion that such contract pertains to, and if the contract is an exempted
12 contract, the provision of law suspended or exempted;
13 (ii) a brief description of the contract, including:
14 (A) the amount of the contract;
15 (B) the name of the vendor or vendors;
16 (C) the contract terms;
17 (D) what is being provided by the contract;
18 (E) if the contract is an emergency contract, a statement explaining
19 how such contract relates to the declared state disaster emergency; and
20 (F) whether the contact was awarded based on a competitive process,
21 and if it was not awarded pursuant to a competitive process, an explana-
22 tion of why a competitive process was not undertaken.
23 3. The provisions of this section shall not be suspended, modified, or
24 altered by the governor's authority to temporarily suspend provisions of
25 law during a state disaster emergency pursuant to section twenty-nine-a
26 of the executive law.
27 § 2. This act shall take effect on the thirtieth day after it shall
28 have become a law.
