Assembly Bill A530

2009-2010 Legislative Session

Redefines the term "emergency" for purposes of state procurement policy; specifies that an agency's failure to plan in advance does not constitute an emergency

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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2009-A530 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd ยง163, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A2407

2009-A530 (ACTIVE) - Summary

Redefines the term "emergency" for purposes of state procurement policy; specifies that an agency's failure to plan in advance, which results in a situation in which normal practices cannot be followed does not constitute an emergency.

2009-A530 (ACTIVE) - Bill Text download pdf 

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

                                   530

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. DESTITO, CHRISTENSEN, GALEF, BRADLEY, BRENNAN,
  MARKEY, ESPAILLAT -- Multi-Sponsored by -- M. of A. COOK, KOON, MAGEE,
  MILLER, J. RIVERA -- read  once  and  referred  to  the  Committee  on
  Governmental Operations

AN  ACT to amend the state finance law, in relation to the definition of
  "emergency" in the procurement process

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

  Section  1.  Paragraph  b of subdivision 1 of section 163 of the state
finance law, as added by chapter 83 of the laws of 1995, is  amended  to
read as follows:
  b. "Emergency" means an urgent and unexpected requirement where health
and  public  safety  or the conservation of public resources is at risk,
WHICH CREATES AN IMMINENT DANGER AND PRESSING  NECESSITY  FOR  IMMEDIATE
ATTENTION  TO  PERMIT THE SAFE CONTINUATION OF A NECESSARY PUBLIC USE OR
FUNCTION, OR TO PROTECT THE PROPERTY OF THE STATE OF NEW  YORK,  OR  THE
LIFE,  SAFETY,  OR  HEALTH OF ANY PERSON. AN AGENCY'S FAILURE TO PLAN IN
ADVANCE, INCLUDING A FAILED PROCUREMENT  PROCESS,  WHICH  RESULTS  IN  A
SITUATION  IN WHICH NORMAL PRACTICES CANNOT BE FOLLOWED DOES NOT CONSTI-
TUTE AN EMERGENCY. AN EMERGENCY MUST BE DECLARED BY THE GOVERNOR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective  date;  and  provided  further, however, that the amendment to
paragraph b of subdivision 1 of section 163 of  the  state  finance  law
made  by  section  one  of  this act shall not affect the repeal of such
section and shall be deemed repealed therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03312-01-9

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