senate Bill S5273

Relates to the procurement process of homeland security goods and services for state and local government

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 10 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 06 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to the procurement process of homeland security goods and services for state and local government; exempts homeland security purchases from pre-audit by the state comptroller; requires all homeland security commodities to be from the approved list of expenditures; exempts homeland security contracts from advertising in the procurement opportunities newsletter; provides for the repeal of the provisions of this act two years after its effective date.

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Bill Details

Versions:
S5273
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Homeland Security
Versions Introduced in 2009-2010 Legislative Cycle:
S4734

Sponsor Memo

BILL NUMBER:S5273

TITLE OF BILL:
An act
relating to
the procurement process of homeland security related goods
and services and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:
This bill expedites the procurement process for homeland security
goods and services by, exempting from the State Comptroller's
pre-audit process, homeland security purchases made by state and
local units of government that are paid for or reimbursed by federal
funds awarded by the U.S. Department of Homeland Security.

SUMMARY OF PROVISIONS:
Section One - Provides for the exemption from the State Comptroller's
pre-audit process, homeland security purchases made by state and
local units of government that are paid for or reimbursed by federal
funds awarded by the U.S. Department of Homeland Security, providing
that such purchases are from the approved expenditure list as
outlined in the federal grant guidance and subject to the approval of
the state administrative agency administering the federal homeland
security funds.

State or local units of government making homeland security purchases
must submit for the procurement record a statement of justification
that articulates the form, function and utility of the contract
selected, and an indication as to why such contract is a best value
for the state. All such procurement records shall be subject to both
state and federal audit.

Homeland security procurement contracts may be exempt from advertising
in the procurement opportunities newsletter providing that homeland
security procurement contract solicitations be conspicuously
advertised on either the requisite state agency website or the office
of general services website.

Section Two - This act shall take effect immediately.

JUSTIFICATION:
A Task Force assembled by the U.S. Department of Homeland Security to
analyze the federal funding process has issued a variety of
recommendations on what can be done to improve the flow of homeland
security funds and to expedite the purchase of homeland security
goods and services. One such recommendation is to alter state and
local procurement procedures so that federal homeland security funds
can be used in a more timely fashion.

The State Comptroller's pre-audit of homeland security purchases made
with federal funds only serves to slow the procurement process as
approval often takes several months. Federal Homeland Security funds
are already subject to substantial pre-purchase screening, internal
controls and regular reporting requirements to the federal
government. In addition, all funds are subject to traditional audit


by the State Comptroller, the U.S. Department of Homeland Security
and the Government Accountability Office. This bill seeks to remove
an administrative obstacle and empower state and local homeland
security officials to quickly purchase the equipment, goods and
services needed to prevent, prepare for and respond to acts of
terrorism.

LEGISLATIVE HISTORY:
2006 - S.178A Passed Senate

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5273

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT relating to the procurement process of homeland security  related
  goods  and  services  and  providing for the repeal of such provisions
  upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Homeland  security  procurement.   1. Notwithstanding the
provisions of any law, regulation or executive order  to  the  contrary,
any  purchase by the state or by a state agency or local government unit
of commodities, services, including technology to conform to article  11
of  the state finance law, that is related to homeland security and paid
for or reimbursed by federal funds awarded by  the  U.S.  department  of
homeland  security  shall  be  exempt  from pre-audit by the state comp-
troller as outlined in section 112 of the state finance law.
  2. All homeland security commodities, services,  including  technology
to  conform  to  article  11 of the state finance law, shall be from the
approved list of expenditures as outlined in federal grant guidance  and
be  subject  to the approval of the state administrative agency adminis-
tering the federal homeland security funds.
  3. Any state agency or local unit of  government  purchasing  homeland
security commodities, services, including technology to conform to arti-
cle  11 of the state finance law, must submit for the procurement record
a statement of justification that articulates  the  form,  function  and
utility  of  the  contract  selected,  and  an indication as to why such
contract is a best value for the state.  All  such  procurement  records
shall be subject to both state and federal audit.
  4.  Homeland  security procurement contracts may be exempt from adver-
tising in the procurement opportunities newsletter providing that  home-
land security procurement contract solicitations be conspicuously adver-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11288-01-1

S. 5273                             2

tised  on  either  the  requisite  state agency website or the office of
general services website.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed 2 years after such date.

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