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section and shall be deemed repealed therewith.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