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

                                  3618

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. BRENNAN, DESTITO, KOON, ORTIZ, CAHILL, BRADLEY,
  JAFFEE, JOHN, COLTON -- Multi-Sponsored by -- M. of A. BENJAMIN, BROD-
  SKY, CLARK, CYMBROWITZ, DIAZ, ENGLEBRIGHT, GOTTFRIED, LIFTON, McENENY,
  MILLMAN, NOLAN, PEOPLES, PHEFFER, SWEENEY -- read once and referred to
  the Committee on Ways and Means

AN ACT to amend the state finance law, in relation to  contents  of  the
  budget  relating  to appropriations for certain information technology
  projects, and to repeal certain provisions of such law relating there-
  to

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

  Section  1.   Subdivision 14 of section 22 of the state finance law is
REPEALED, and a new subdivision 14 is added to read as follows:
  14. A. WITH RESPECT TO APPROPRIATIONS FOR ANY  INFORMATION  TECHNOLOGY
PROJECT  INVOLVING  ONE  OR  MORE  CONTRACTS  AND  TOTALLING TEN MILLION
DOLLARS OR MORE PROPOSED FOR FUNDING IN THE BUDGET SUBMITTED ANNUALLY BY
THE GOVERNOR TO THE LEGISLATURE, EXCLUDING CAPITAL  PLAN  PROJECTS,  THE
AMOUNT REQUESTED TO FUND EACH SUCH PROJECT SHALL BE SET FORTH AS A SEPA-
RATE ITEM OF APPROPRIATION.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY,  SUCH  APPROPRIATION OR A PORTION THEREOF SHALL BE MADE AVAIL-
ABLE ONLY UPON THE SUBMISSION TO THE DIRECTOR OF THE BUDGET, THE  CHAIR-
PERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEM-
BLY  WAYS  AND  MEANS  COMMITTEE,  OF  A PROJECT DESIGN, DEVELOPMENT AND
IMPLEMENTATION PLAN PREPARED BY THE COMMISSIONER OF THE LEAD AGENCY  FOR
THE  PROJECT. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, A SCHEDULE
FOR THE DESIGN, DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT THAT IDEN-
TIFIES FUNCTIONAL DESIGN COMPONENTS, SPECIFICATIONS,  AND  REQUIREMENTS,
KEY  MILESTONES,  TIMETABLE,  THE  ESTIMATED  COST  OF EACH PHASE OF THE
PROJECT AND WEIGHS THE APPROPRIATENESS OF DISCRETE TECHNICAL  AND  FUNC-
TIONAL  PROJECT  COMPONENTS.  THE  PLAN SHALL DOCUMENT THE RATIONALE FOR
PROJECT SCOPE AND METHOD OF PROCUREMENT, INCLUDING WHETHER  THE  PROJECT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02901-02-9
              

A. 3618                             2

WILL  BE  PROCURED  AS  A  SINGLE  CONTRACT  OR AS SEPARATE CONTRACTS OF
DISCRETE TECHNICAL  AND  FUNCTIONAL  COMPONENTS.  ANY  EXPENDITURE  MADE
PURSUANT TO SUCH APPROPRIATION SHALL BE IN ACCORDANCE WITH SUCH PLAN.
  B.  WITHIN  THIRTY  DAYS FOLLOWING THE SUBMISSION OF THE BUDGET BY THE
GOVERNOR FOR EACH FISCAL YEAR, BEGINNING WITH THE TWO THOUSAND NINE--TWO
THOUSAND TEN FISCAL YEAR, THE DIRECTOR OF THE BUDGET SHALL  TRANSMIT  TO
THE  CHAIRS  OF  THE  SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND
MEANS COMMITTEE A REPORT WHICH INCLUDES PROJECT SPECIFIC INFORMATION FOR
THE PROPOSED APPROPRIATIONS IDENTIFIED IN PARAGRAPH A OF  THIS  SUBDIVI-
SION  AND ANY OTHER PROJECTS WHICH APPEAR AS SEPARATE ITEMS OF APPROPRI-
ATION EXCLUDING CAPITAL PLAN PROJECTS.  SUCH REPORT SHALL SET FORTH:
  (I) EXISTING OR ANTICIPATED CONTRACTS, INCLUDING THE AGENCY  OR  AGEN-
CIES WHICH LET OR ANTICIPATE LETTING SUCH CONTRACTS;
  (II) VENDOR NAME WHEN AVAILABLE;
  (III)  A  DESCRIPTION OF THE PROJECT AND CONTRACT PURPOSE IN LESS THAN
THIRTY WORDS;
  (IV) WHETHER SUCH CONTRACTS ARE OR ARE ANTICIPATED TO  BE  CENTRALIZED
CONTRACTS;
  (V) ANTICIPATED LIFE TIME CONTRACT COSTS, BROKEN DOWN BY FISCAL YEAR;
  (VI)  CONTRACT  AMENDMENTS AND/OR CHANGE ORDERS FOR THE CURRENT FISCAL
YEAR, INCLUDING VALUE IF ANY AND REASONS THEREFOR;
  (VII) THE ESTIMATED DATE  OF  CONTRACT  COMPLETION,  INCLUDING  ANNUAL
TIMETABLE  FOR  A  MULTI-YEAR  CONTRACT AND ANY CHANGE IN SUCH TIMETABLE
SINCE THE PREVIOUS REPORT AND THE REASONS THEREFOR;
  (VIII) THE TOTAL OF ALL EXPENDITURES ON SUCH SPECIFIC  CONTRACTS  MADE
PRIOR TO THE THEN CURRENT FISCAL YEAR, INCLUDING ALL AGENCIES WHICH HAVE
INCURRED  SUCH  COSTS  INCLUDING  WHEN  EXPENDITURES  ARE  MADE OFF OF A
CENTRALIZED CONTRACT;
  (IX) THE TOTAL AMOUNT OF EXPENDITURES ON SUCH SPECIFIC CONTRACTS ESTI-
MATED TO BE MADE DURING THE THEN CURRENT FISCAL YEAR AND DURING EACH  OF
THE  NEXT  ENSUING FIVE FISCAL YEARS FOR MULTI-YEAR CONTRACTS, INCLUDING
ALL AGENCIES WHICH HAVE INCURRED SUCH COSTS INCLUDING WHEN  EXPENDITURES
ARE MADE OFF OF A CENTRALIZED CONTRACT;
  (X)  WHETHER  SUCH PROJECT IS FINANCED BY THE ISSUANCE OF CERTIFICATES
OF PARTICIPATION OR SIMILAR INSTRUMENTS AND THE ASSOCIATED COSTS RELATED
THERETO; AND
  (XI) SUCH OTHER INFORMATION AS NECESSARY TO FULLY DESCRIBE  THE  STATE
OBLIGATION WITH REGARD TO SUCH SPECIFIC OR ANTICIPATED CONTRACTS.
  S  2.  The state finance law is amended by adding a new section 2-b to
read as follows:
  S 2-B. ADDITIONAL DEFINITION.  AS  USED  IN  SUBDIVISION  FOURTEEN  OF
SECTION  TWENTY-TWO  OF  THIS CHAPTER, THE TERM "INFORMATION TECHNOLOGY"
SHALL MEAN A GOOD, SERVICE  OR  GOOD  AND  SERVICE  THAT  RESULTS  IN  A
DIGITAL, ELECTRONIC OR SIMILAR TECHNICAL METHOD OF ACHIEVING A PRACTICAL
PURPOSE OR IN IMPROVEMENTS IN PRODUCTIVITY, INCLUDING BUT NOT LIMITED TO
INFORMATION  MANAGEMENT,  EQUIPMENT, SOFTWARE, OPERATING SYSTEMS, INTER-
FACE SYSTEMS, INTERCONNECTED SYSTEMS, TELECOMMUNICATIONS,  DATA  MANAGE-
MENT,  NETWORKS,  AND  NETWORK MANAGEMENT, CONSULTING, SUPPLIES, FACILI-
TIES, MAINTENANCE AND TRAINING.
  S 3. This act shall take effect July 1, 2009.