S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10281
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. The state finance law is amended by adding  a  new  section
 149 to read as follows:
   §  149.  REQUIRED PUBLIC POSTING OF CERTAIN CONTRACTS. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMERGENCY CONTRACT" SHALL MEAN:
   (I) ANY CONTRACT OTHERWISE SUBJECT TO  PRIOR  APPROVAL  BY  THE  COMP-
 TROLLER PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, WHICH IS
 EXECUTED  OR MADE EFFECTIVE IN ACCORDANCE WITH AN EXECUTIVE ORDER OF THE
 GOVERNOR TEMPORARILY SUSPENDING SUCH LAW, OR ANY PART THEREOF,  PURSUANT
 TO  HIS  OR  HER  AUTHORITY UNDER SECTION TWENTY-NINE-A OF THE EXECUTIVE
 LAW; AND
   (II) ANY CONTRACT OTHERWISE ELIGIBLE FOR PRIOR APPROVAL BY  THE  COMP-
 TROLLER PURSUANT TO ANY PROVISION OF LAW, INCLUDING SECTION TWENTY-EIGHT
 HUNDRED  SEVENTY-NINE-A OF THE PUBLIC AUTHORITIES LAW, WHICH IS EXECUTED
 OR MADE EFFECTIVE IN ACCORDANCE WITH AN EXECUTIVE ORDER OF THE  GOVERNOR
 TEMPORARILY SUSPENDING SUCH 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  OTHERWISE  SUBJECT  TO PRIOR APPROVAL BY THE COMP-
 TROLLER PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, WHICH IS
 EXECUTED OR MADE EFFECTIVE IN ACCORDANCE WITH ANY PROVISION OF LAW,  AND
 EXPRESSLY  AND  SPECIFICALLY  SUSPENDS THE PROVISIONS OF, EXEMPTS, OR IS
 OTHERWISE NOTWITHSTANDING OF SECTION ONE HUNDRED TWELVE OF THIS CHAPTER,
 OR ANY PART THEREOF; AND
   (II) ANY CONTRACT OTHERWISE ELIGIBLE FOR PRIOR APPROVAL BY  THE  COMP-
 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
 
 HUNDRED  SEVENTY-NINE-A OF THE PUBLIC AUTHORITIES LAW, WHICH IS EXECUTED
 OR MADE EFFECTIVE IN ACCORDANCE WITH ANY PROVISION OF LAW SUSPENDING THE
 PROVISIONS OF, EXEMPTING, OR OTHERWISE NOTWITHSTANDING SUCH LAW, OR  ANY
 PART THEREOF.
   2. WITHIN THIRTY DAYS FOLLOWING THE EXECUTION OF AN EMERGENCY CONTRACT
 OR  AN EXEMPTED CONTRACT, SUCH STATE AGENCY, DEPARTMENT, BOARD, OFFICER,
 COMMISSION, STATE AUTHORITY, OR INSTITUTION SHALL POST ON THE  CONTRACT-
 ING  ENTITY'S  PUBLIC  WEBSITE  THE FOLLOWING INFORMATION REGARDING SUCH
 EMERGENCY CONTRACT OR EXEMPTED CONTRACT BY CONTRACT NUMBER:
   (I) IF THE CONTRACT IS AN EMERGENCY CONTRACT, THE  EMERGENCY  DECLARA-
 TION  THAT SUCH CONTRACT PERTAINS TO, AND IF THE CONTRACT IS AN EXEMPTED
 CONTRACT, THE PROVISION OF LAW SUSPENDED OR EXEMPTED;
   (II) A BRIEF DESCRIPTION OF THE CONTRACT, INCLUDING:
   (A) THE AMOUNT OF THE CONTRACT;
   (B) THE NAME OF THE VENDOR OR VENDORS;
   (C) THE CONTRACT TERMS;
   (D) WHAT IS BEING PROVIDED BY THE CONTRACT;
   (E) IF THE CONTRACT IS AN EMERGENCY CONTRACT, A  STATEMENT  EXPLAINING
 HOW SUCH CONTRACT RELATES TO THE DECLARED STATE DISASTER EMERGENCY; AND
   (F)  WHETHER  THE  CONTACT WAS AWARDED BASED ON A COMPETITIVE PROCESS,
 AND IF IT WAS NOT AWARDED PURSUANT TO A COMPETITIVE PROCESS, AN EXPLANA-
 TION OF WHY A COMPETITIVE PROCESS WAS NOT UNDERTAKEN.
   3. THE PROVISIONS OF THIS SECTION SHALL NOT 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.