S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7404
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2023
                                ___________
 
 Introduced  by  M.  of A. SOLAGES, McDONALD, ZEBROWSKI -- (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 requiring the
   public  posting  of  certain  contracts  otherwise  subject  to  prior
   approval of the comptroller

   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 DEFINITIONS SHALL APPLY:
   (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
 EXPRESSLY  AND  SPECIFICALLY SUSPENDING THE PROVISIONS OF, EXEMPTING, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10212-01-3
 A. 7404                             2
              

 
 OTHERWISE NOTWITHSTANDING 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
 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 EMERGENCY CONTRACT OR EXEMPTED CONTRACT
 AS WELL AS THE FOLLOWING INFORMATION:
   (A) 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;
   (B) A BRIEF DESCRIPTION OF THE CONTRACT, INCLUDING: (I) THE AMOUNT  OF
 THE CONTRACT; (II) THE NAME OF THE VENDOR OR VENDORS; (III) THE CONTRACT
 TERM;  (IV)  WHAT  IS  BEING  PROVIDED  BY  THE CONTRACT; AND (V) IF THE
 CONTRACT IS AN  EMERGENCY  CONTRACT,  A  STATEMENT  EXPLAINING  HOW  THE
 CONTRACT RELATES TO THE DECLARED STATE DISASTER EMERGENCY; AND
   (C)  WHETHER  THE  CONTRACT WAS AWARDED BASED ON A COMPETITIVE PROCESS
 AND, IF NOT AWARDED PURSUANT TO A COMPETITIVE PROCESS, AN EXPLANATION OF
 WHY A COMPETITIVE PROCESS WAS NOT UNDERTAKEN.
   3. ALL EMERGENCY CONTRACTS OR EXEMPTED CONTRACTS CURRENTLY  IN  EFFECT
 UPON  THE  EFFECTIVE  DATE  OF  THIS SECTION SHALL ALSO BE POSTED ON THE
 CONTRACTING ENTITY'S PUBLIC WEBSITE WITHIN THIRTY DAYS WITH THE INFORMA-
 TION REQUIRED IN SUBDIVISION TWO OF THIS SECTION.
   4. 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.