S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  3815
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                            January 28, 2009
                               ___________
Introduced by M. of A. BRENNAN, PHEFFER, COLTON -- Multi-Sponsored by --
  M.  of  A.  CAHILL, COOK, GLICK, GOTTFRIED, JOHN, 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
147 to read as follows:
  S  147.  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.
                                                           LBD05243-01-9
              
             
                          
                
A. 3815                             2
CORPORATIONS OR PUBLIC AUTHORITIES MAY, EXAMINE SUCH DATA IN DETERMINING
RESPONSIBILITY OF PROSPECTIVE BIDDERS, OR SUBCONTRACTORS BUT  SHALL  NOT
BE BOUND BY SUCH OTHER AGENCY NONRESPONSIBILITY DETERMINATIONS.
  S 2. This act shall take effect immediately.