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.
