Assembly Bill A5198

2013-2014 Legislative Session

Requires determinations of nonresponsibility on part of vendors by state agencies to be forwarded to state comptroller

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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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2013-A5198 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add §148, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3815
2011-2012: A2273

2013-A5198 (ACTIVE) - Summary

Requires state agencies to forward final determinations of vendor nonresponsibility to the state comptroller; provides that the comptroller shall share such information with other state agencies; requires contracting agencies to consult, but not be bound by, the data in determining responsibility of prospective bidders or subcontractors.

2013-A5198 (ACTIVE) - Bill Text download pdf 

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

                                  5198

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by M. of A. BRENNAN, COLTON, WEPRIN -- Multi-Sponsored by --
  M. of A. CAHILL, COOK, GLICK, GOTTFRIED,  SWEENEY  --  read  once  and
  referred to the Committee on Governmental Operations

AN  ACT to amend the state finance law, in relation to sharing of vendor
  responsibility determinations

  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
148 to read as follows:
  S 148. SHARING OF  VENDOR  RESPONSIBILITY  DETERMINATIONS.  ANY  FINAL
NONRESPONSIBILITY  DETERMINATION  MADE  BY  A  STATE AGENCY, DEPARTMENT,
BOARD, COMMISSION, OFFICE OR INSTITUTION IN CONJUNCTION WITH AN AWARD OF
A CONTRACT EXCEEDING TEN THOUSAND DOLLARS,  SHALL  BE  TRANSMITTED  WITH
SUPPORTING  DOCUMENTATION TO THE STATE COMPTROLLER. A FINAL NONRESPONSI-
BILITY DETERMINATION MADE BY A  PUBLIC  BENEFIT  CORPORATION  OR  PUBLIC
AUTHORITY IN CONJUNCTION WITH AN AWARD OF A CONTRACT EXCEEDING TEN THOU-
SAND  DOLLARS,  MAY  BE  TRANSMITTED TO THE STATE COMPTROLLER UNLESS THE
COMPTROLLER APPROVES SUCH PUBLIC AUTHORITY'S OR  PUBLIC  BENEFIT  CORPO-
RATION'S  CONTRACTS,  IN  WHICH  CASE  SUCH PUBLIC AUTHORITY'S OR PUBLIC
BENEFIT CORPORATION'S FINAL NONRESPONSIBILITY  DETERMINATIONS  SHALL  BE
TRANSMITTED  TO  THE STATE COMPTROLLER WITH SUPPORTING DOCUMENTATION. IN
THOSE INSTANCES WHERE THE STATE COMPTROLLER, IN ACCORDANCE WITH  SECTION
ONE  HUNDRED  TWELVE  OF  THIS  CHAPTER  OR PURSUANT TO ANY OTHER LAW OR
AGREEMENT, APPROVES A CONTRACT AWARD WHICH UPHOLDS A FINAL  NONRESPONSI-
BILITY  DETERMINATION, THE STATE COMPTROLLER SHALL SHARE SUCH NONRESPON-
SIBILITY DETERMINATIONS WITH ALL AGENCIES IN SUCH MANNER AND FORM AS  HE
OR  SHE  DEEMS APPROPRIATE TO ENSURE THE TIMELY SHARING OF SUCH INFORMA-
TION.  NONRESPONSIBILITY DETERMINATIONS SHARED BY THE COMPTROLLER  SHALL
INCLUDE WITHOUT LIMITATION THE NAME OF THE BIDDER, CONTRACTOR OR SUBCON-
TRACTOR  DEEMED  NONRESPONSIBLE, THE NAME OF THE CONTRACTING AGENCY, AND
THE REASONS FOR SUCH DETERMINATION. AGENCIES SHALL, AND  PUBLIC  BENEFIT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09052-01-3

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