NY State Senate Bill 2023-S9171

Senate Bill S9171

2023-2024 Legislative Session

Requires the public posting of certain contracts which are otherwise subject to the approval of the state comptroller

download bill text pdf

Current Bill Status Via A10281 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	returned to assembly passed senate 3rd reading cal.1722 substituted for s9171
Jun 04, 2024	substituted by a10281 ordered to third reading cal.1722 committee discharged and committed to rules
May 15, 2024	reported and committed to finance
May 02, 2024	referred to procurement and contracts

Votes

- Jun 4, 2024 - Floor Vote
  A10281
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  Jun 4, 2024 - Rules Committee Vote
  S9171
  
  18
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2024
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Griffo
      
      Helming
  May 15, 2024 - Procurement And Contracts Committee Vote
  S9171
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: May 15, 2024
      
      aye (7)
      
      Cooney
      
      Gonzalez
      
      Martins
      
      Rolison
      
      Sanders Jr.
      
      Stavisky
      
      Webb

2023-S9171 (ACTIVE) - Details

See Assembly Version of this Bill:: A10281
Law Section:: State Finance Law
Laws Affected:: Add §149, St Fin L

2023-S9171 (ACTIVE) - Summary

Requires the public posting of certain emergency and exempted contracts which are otherwise subject to the approval of the state comptroller.

2023-S9171 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9171

SPONSOR: COONEY
 
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 publicly posted in a list by the contracting enti-
ty. 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.694 1/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.

2023-S9171 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9171
 
                             I N  S E N A T E
 
                                May 2, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- (at request of the State Comptroller) --
   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 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
 S. 9171                             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.

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