NY State Senate Bill 2023-S4197

Senate Bill S4197

2023-2024 Legislative Session

Increases the state discretionary buying threshold without a formal competitive process for certain commodities from certain businesses

download bill text pdf

Current Bill Status - In Senate Committee Procurement And Contracts 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to procurement and contracts
Feb 06, 2023	referred to procurement and contracts

2023-S4197 (ACTIVE) - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: State Finance Law
Laws Affected:: Amd §163, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S7147

2023-S4197 (ACTIVE) - Summary

Increases the state discretionary buying threshold without a formal competitive process for certain commodities from certain businesses.

2023-S4197 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4197

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the state finance law, in relation to increasing the
state discretionary buying threshold without a formal competitive proc-
ess for certain commodities from certain businesses

 
PURPOSE:

To increase the State's discretionary spending threshold from $500,000
to $1 million for non-competitive contracts.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 6 of section 163 of the state of the state
finance law as amended by chapter 96 of the laws of 2019 amends number 6
to increase the discretionary buying threshold to $1 million.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

This increase in discretionary spending by state agencies allows minori-
ty and women-owned businesses the opportunity to bid on contracts with-
out the financial and laborious burdens that come with following a
formal bidding process.

 
LEGISLATIVE HISTORY:

2022 REFERRED TO SENATE PROCUREMENT AND CONTRACTS

2022 referred to assembly governmental operations

2021 REFERRED TO SENATE RULES

2021 referred to assembly governmental operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law; provided, however, that the amendments to section 163 of
the state finance law, made by section one of this act, shall not affect
the repeal of such section and be deemed repealed therewith.  Effective
immediately the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such date.

2023-S4197 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4197
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  increasing  the
   state  discretionary  buying  threshold  without  a formal competitive
   process for certain commodities from certain businesses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 6 of section 163 of the state finance law, as
 separately amended by section 28 of part PP of chapter  56  and  chapter
 572 of the laws of 2022, is amended to read as follows:
   6. Discretionary buying thresholds. Pursuant to guidelines established
 by the state procurement council: the commissioner may purchase services
 and commodities for the office of general services or its customer agen-
 cies serviced by the office of general services business services center
 in an amount not exceeding eighty-five thousand dollars without a formal
 competitive  process;  state  agencies may purchase services and commod-
 ities in an amount not exceeding fifty thousand dollars without a formal
 competitive process; and state  agencies  may  purchase  commodities  or
 services  from  small  business  concerns or those certified pursuant to
 article fifteen-A of the executive law and article three of  the  veter-
 ans'  services  law,  or  commodities or technology that are recycled or
 remanufactured in an amount not exceeding [five  hundred  thousand]  ONE
 MILLION dollars without a formal competitive process and for commodities
 that  are  food,  including  milk  and milk products, or animal or plant
 fiber products, grown, produced, harvested, or  processed  in  New  York
 state  or textile products manufactured from animal or plant fiber grown
 or produced predominantly in New York state in an amount not  to  exceed
 two hundred thousand dollars, without a formal competitive process.
   §  2.  This act shall take effect on the sixtieth day after the effec-
 tive date of section 28 of part PP of chapter 56 of  the  laws  of  2022
 takes  effect;  provided, however, that the amendments to section 163 of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05461-01-3

 S. 4197                             2
 
 the state finance law, made by section one of this act, shall not affect
 the repeal of such section and be deemed repealed  therewith.  Effective
 immediately  the  addition, amendment and/or repeal of any rule or regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such date.

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