senate Bill S6967

Amended

Extends certain provisions relating to restrictions on contacts and disclosure of contacts during the procurement process

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Sponsor

Bill Status


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

  • 09 / Apr / 2014
    • REFERRED TO FINANCE
  • 02 / Jun / 2014
    • 1ST REPORT CAL.1085
  • 03 / Jun / 2014
    • AMENDED 6967A
  • 03 / Jun / 2014
    • 2ND REPORT CAL.
  • 09 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • SUBSTITUTED BY A9248A

Summary

Extends certain provisions relating to restrictions on contacts and disclosure of contacts during the procurement process.

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Bill Details

See Assembly Version of this Bill:
A9248
Versions:
S6967
S6967A
Legislative Cycle:
2013-2014
Law Section:
State Finance
Laws Affected:
Amd §16, Chap 1 of 2005

Sponsor Memo

BILL NUMBER:S6967

TITLE OF BILL: An act to amend chapter 1 of the laws of 2005,
amending the state finance law relating to restricting contacts in the
procurement process and the recording of contacts relating thereto, in
relation to extending the effectiveness thereof

Purpose of Bill:

This proposal extends for four more years the effectiveness of
sections one hundred thirty-nine-j and one hundred thirty-nine-k of
the State Finance Law (SFL) with respect to restrictions on
communications between bidding vendors (or potential bidders) and
contracting agencies during a procurement process and the recording of
such communications.

Summary of Provisions:

SFL §§ 139-j and 139-k would be extended for four years, through July
31, 2018.

Existing Law:

SFL §§ 139-j and 139-k are currently scheduled to expire on July 31,
2014.

Prior Legislative History:

SFL §§ 139-j and 139-k were last extended by chapter 4 of the laws of
2010. Previous extensions were enacted by L.2009, c. 169 and L.2007,
c. 501. These sections of law were added as part of a larger lobbying
reform bill, L.2005, c. 1.

Statement in Support:

Concerns about ensuring that the public procurement process was
competitive, open and transparent and conducted on a level playing
field led to the enactment in 2005 of SFL §§ 139-j and 139-k
restricting contacts during the procurement process and providing for
the recording of such contacts. The laws were originally scheduled to
expire on December 31, 2007, but have since been extended, most
recently by L.2010, c. 4. The continuation of these provisions is
important to maintain the integrity of the public procurement
infrastructure and to ensure the exercise of best practices in the
establishment and administration of State contracts.

Budget Implications:

None.

Local Impact:

None.

Effective Date:

Immediately.


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

                                  6967

                            I N  S E N A T E

                              April 9, 2014
                               ___________

Introduced  by  Sen. DeFRANCISCO -- (at request of the Office of General
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Finance

AN  ACT  to  amend  chapter  1  of  the laws of 2005, amending the state
  finance law relating to restricting contacts in the procurement  proc-
  ess  and  the  recording  of contacts relating thereto, in relation to
  extending the effectiveness thereof

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

  Section  1.  Section 16 of chapter 1 of the laws of 2005, amending the
state finance law relating to restricting contacts  in  the  procurement
process  and  the  recording of contacts relating thereto, as amended by
chapter 4 of the laws of 2010, is amended to read as follows:
  S 16. This act shall take effect immediately; provided, however,  that
sections  one,  six,  eight,  nine,  ten, eleven and fifteen of this act
shall take effect January 1, 2006; and provided, however, the amendments
to paragraph f of subdivision 9 of section 163 of the state finance  law
made  by section fifteen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further,  that
the  amendments to article 1-A of the legislative law, made by this act,
shall not affect the repeal of such article pursuant to chapter 2 of the
laws of 1999, as  amended,  and  shall  be  deemed  repealed  therewith;
provided, further, that sections thirteen and fourteen of this act shall
take effect January 1, 2006 and shall be deemed repealed July 31, [2014]
2018;  provided, further, that effective immediately, the advisory coun-
cil on procurement lobbying created pursuant to section twelve  of  this
act  shall  be constituted no later than sixty days following the effec-
tive date of this act, provided that effective sixty days following  the
effective date of this act, the advisory council on procurement lobbying
shall  be  authorized  to  establish  model guidelines and to add, amend
and/or repeal any rules or regulations necessary for the  implementation
of  its  duties  under sections twelve and thirteen of this act, and the
advisory council authorized to make and complete such  model  guidelines
on  or  before  the  effective  date  of  section  thirteen of this act;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13814-02-4

S. 6967                             2

provided, further, that procurement contracts for  which  bid  solicita-
tions  have been issued prior to the effective date of this act shall be
awarded pursuant to the provisions of law in effect at the time of issu-
ance.
  S 2. This act shall take effect immediately.

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