S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8436
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. The state finance law is amended by adding  a  new  section
 149 to read as follows:
   §  149.  CERTAIN  CONTRACTS TO BE PUBLICLY POSTED.  1. FOR PURPOSES OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "STATE DISASTER EMERGENCY CONTRACT" SHALL MEAN:
   (I) ANY CONTRACT SUBJECT TO PRIOR APPROVAL BY THE COMPTROLLER PURSUANT
 TO SUBDIVISION TWO OF SECTION ONE HUNDRED TWELVE OF THIS CHAPTER,  WHICH
 IS  EXECUTED  OR MADE EFFECTIVE IN ACCORDANCE WITH AN EXECUTIVE ORDER OF
 THE GOVERNOR TEMPORARILY  SUSPENDING  SUBDIVISION  TWO  OF  SECTION  ONE
 HUNDRED  TWELVE OF THIS CHAPTER, OR ANY PART THEREOF, PURSUANT TO HIS OR
 HER AUTHORITY UNDER SECTION TWENTY-NINE-A OF THE EXECUTIVE LAW; AND
   (II) ANY CONTRACT SUBJECT TO PRIOR REVIEW AND APPROVAL  BY  THE  COMP-
 TROLLER  PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THE
 PUBLIC AUTHORITIES LAW, WHICH IS EXECUTED OR MADE EFFECTIVE  IN  ACCORD-
 ANCE  WITH  AN  EXECUTIVE  ORDER  OF THE GOVERNOR TEMPORARILY SUSPENDING
 SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF  THE  PUBLIC  AUTHORITIES
 LAW, OR ANY PART THEREOF, PURSUANT TO HIS OR HER AUTHORITY UNDER SECTION
 TWENTY-NINE-A OF THE EXECUTIVE LAW.
   (B) "EXEMPTED CONTRACT" SHALL MEAN:
   (I)   ANY CONTRACT SUBJECT TO PRIOR APPROVAL BY THE COMPTROLLER PURSU-
 ANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, WHICH IS EXECUTED  OR
 MADE  EFFECTIVE  IN  ACCORDANCE WITH ANY PROVISION OF LAW SUSPENDING THE
 PROVISIONS OF, EXEMPTING, OR OTHERWISE NOTWITHSTANDING  SUBDIVISION  TWO
 OF SECTION ONE HUNDRED TWELVE OF THIS CHAPTER; AND
   (II)  ANY  CONTRACT  SUBJECT TO PRIOR REVIEW AND APPROVAL BY THE COMP-
 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
 
 PUBLIC  AUTHORITIES  LAW, WHICH IS EXECUTED OR MADE EFFECTIVE IN ACCORD-
 ANCE WITH ANY PROVISION OF LAW SUSPENDING THE PROVISIONS OF,  EXEMPTING,
 OR OTHERWISE NOTWITHSTANDING SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A
 OF THE PUBLIC AUTHORITIES LAW.
   2.  WITHIN  THIRTY  DAYS  FOLLOWING  THE EXECUTION OF A STATE DISASTER
 EMERGENCY CONTRACT OR AN EXEMPTED CONTRACT, SUCH STATE  AGENCY,  DEPART-
 MENT,  BOARD, OFFICER, COMMISSION, STATE AUTHORITY, OR INSTITUTION SHALL
 SUBMIT THE FOLLOWING INFORMATION TO THE OFFICE OF THE STATE COMPTROLLER,
 WITH  REDACTIONS  MADE  BY  THE  CONTRACTING  ENTITY  PURSUANT  TO   THE
 PROVISIONS  OF  SECTION  EIGHTY-NINE  OF  THE PUBLIC OFFICERS LAW, WHICH
 SHALL BE MADE AVAILABLE ON ITS PUBLIC WEBSITE:
   (A) THE STATE DISASTER EMERGENCY CONTRACT OR EXEMPTED CONTRACT;
   (B) A  STATEMENT  ACKNOWLEDGING  THAT  THE  STATE  DISASTER  EMERGENCY
 CONTRACT  OR EXEMPTED CONTRACT WAS ENTERED INTO WITHOUT THE PRIOR REVIEW
 AND APPROVAL REQUIRED BY SUBDIVISION TWO OF SECTION ONE  HUNDRED  TWELVE
 OF  THIS  CHAPTER, OR AS APPLICABLE, SECTION TWENTY-EIGHT HUNDRED SEVEN-
 TY-NINE-A OF THE PUBLIC AUTHORITIES LAW; AND
   (C) WITH RESPECT TO A STATE DISASTER EMERGENCY CONTRACT,  A  STATEMENT
 DESCRIBING  HOW  COMPLIANCE  WITH SUBDIVISION TWO OF SECTION ONE HUNDRED
 TWELVE OF THIS CHAPTER, OR AS APPLICABLE, SECTION  TWENTY-EIGHT  HUNDRED
 SEVENTY-NINE-A  OF THE PUBLIC AUTHORITIES LAW, WOULD PREVENT, HINDER, OR
 DELAY ACTION NECESSARY TO COPE WITH THE  STATE  DISASTER  EMERGENCY  AND
 WITH  RESPECT TO AN EXEMPTED CONTRACT, A STATEMENT DESCRIBING HOW REMOV-
 ING COMPLIANCE WITH SUBDIVISION TWO OF SECTION  ONE  HUNDRED  TWELVE  OF
 THIS  CHAPTER,  OR  AS APPLICABLE, SECTION TWENTY-EIGHT HUNDRED SEVENTY-
 NINE-A OF THE PUBLIC AUTHORITIES LAW, IS IN THE BEST  INTERESTS  OF  THE
 STATE.
   3.  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW TO THE CONTRARY, THE
 PROVISIONS OF THIS SECTION CANNOT BE SUSPENDED, MODIFIED, OR ALTERED  BY
 THE GOVERNOR'S AUTHORITY TO TEMPORARILY SUSPEND PROVISIONS OF LAW DURING
 A  STATE  DISASTER  EMERGENCY  PURSUANT  TO SECTION TWENTY-NINE-A OF THE
 EXECUTIVE LAW.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.