NY State Senate Bill 2009-S4715

Senate Bill S4715

2009-2010 Legislative Session

Requires all contracts for public work or purchase contracts to protect from disclosure information which materially impair national, state or local security

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Apr 27, 2009	referred to local government

2009-S4715 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§103 & 104-b, Gen Mun L

2009-S4715 (ACTIVE) - Summary

Requires all contracts for public work or purchase contracts to disclose information which materially impair national, state or local security; provides for the determination for such disclosure to be made by the local governing body of a political subdivision or district or a public officer or body designated by such board; and further provides that in cities with a population of one million or more, the determination to disclose shall be made by the mayor and comptroller of such cities.

2009-S4715 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4715

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to ensuring the protection in the municipal procurement
process of information that would materially impair national, state or
local security, materially impair emergency preparedness plans or
reveal vulnerabilities relating to security

 PURPOSE: :  This bill seeks to allow municipal governments to protect
information during the procurement process if disclosing that
information would reveal vulnerabilities or impair national, state, or
local security.

 SUMMARY OF SPECIFIC PROVISIONS: :  Section 1 of the bill would amend
the General Municipal Law ("GML") to provide that, notwithstanding any
other general, special or local law, rule or regulation, contracts for
public works or purchase contracts for which applicable procurement
requirements require disclosure of information that, if disclosed,
would materially impair national, state or local security, materially
impair emergency preparedness plans or reveal current vulnerabilities
of systems, installations, infrastructures or projects relating to
national, state or local security would be procured by the appropriate
officer consistent with GML § 104-b.

The determination whether disclosure of information would cause such
impairment would be made by the governing board of the political

subdivision and in the case of the city of New York, by the Mayor and
Comptroller. This determination would be exempt from article seven of
the Public Officers Law.

Section 2 of the bill would make a corresponding change to the GML to
likewise state that, notwithstanding any other general, special or
local law, rule or regulation, purchases of equipment, goods or
services or contracts for public works for which applicable
procurement requirements require disclosure of information that, if
disclosed, would materially impair national, state or local security,
materially impair emergency prepared- ness plans or reveal current
vulnerabilities of systems, installations, infrastructures or projects
relating to national, state or local security would be procured by the
appropriate officer and specifically provides for the adoption by
resolution of the governing board of a political subdivision or
district of internal policies and procedures governing
security-related purchases to ensure that security-sensitive
information is not disclosed.

In the city of New York, such policies would be developed and adopted
by the City's Procurement Policy Board.

 JUSTIFICATION :  In recent years, governmental entities through out
the State have experienced an increased need to procure security
related goods and services to protect the safety of New York's
citizens. New York City, in particular, has seen a dramatic increase
in its need to procure goods and services vital to the protection of
the City and its citizens.

As localities strive to meet these new challenges, certain provisions
of existing procurement laws and regulations themselves present risks
to security that this bill is designed to address. There are a few
circumstances where the need being met by the procurement is so
sensitive that public knowledge of even the fact of procurement could
be considered problematic. This type of problem arises in areas
involving public health and safety such as the procurement and
disposition of antidotes, supplies and other materials and equipment
to safeguard against chemical or biological attack.


Other circumstances where procurement procedures negatively impact the
ability to protect citizens from security threats involve areas where
procurement laws require the public disclosure of plans and
specifications of sensitive installations or locations subject to
possible attack.

Requirements that plans and specifications for such areas be publicly
disclosed and available to any potential vendors, without regard to
the locality's ability to screen such companies for security risks,
negatively impact on governments ability to protect vital
installations, landmarks and infrastructure facilities.

This bill would permit the local governing board (or, in the case of
New York City, the Mayor and the Comptroller) to determine that
disclosure of certain types of information in the course of
procurement would impair national, state or local security, or plans
for emergency preparedness or reveal vulnerabilities of systems,
installations or infrastructure, and to acquire necessary goods and
services under appropriate procedures that protect public safety.

 PRIOR LEGISLATIVE HISTORY: :  2006 - 6.5641 Passed Senate; 2008 -
S.3651 - Referred to the Standing Committee on Local Government.

 FISCAL IMPLICATIONS :  None Noted.

 EFFECTIVE DATE: :  This act would take effect immediately.

2009-S4715 (ACTIVE) - Bill Text download pdf

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

                                  4715

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to  ensuring  the
  protection  in  the  municipal procurement process of information that
  would materially impair national, state or local security,  materially
  impair emergency preparedness plans or reveal vulnerabilities relating
  to security

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

  Section 1. Section 103 of the general  municipal  law  is  amended  by
adding a new subdivision 13 to read as follows:
  13.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
GENERAL, SPECIAL OR LOCAL LAW, RULE OR  REGULATION,  ALL  CONTRACTS  FOR
PUBLIC  WORK OR PURCHASE CONTRACTS FOR WHICH THE APPLICABLE REQUIREMENTS
WOULD  OTHERWISE  REQUIRE  DISCLOSURE  OF  INFORMATION  THAT  WOULD,  IF
DISCLOSED,  MATERIALLY  IMPAIR  NATIONAL, STATE OR LOCAL SECURITY, MATE-
RIALLY IMPAIR EMERGENCY PREPAREDNESS PLANS OR REVEAL CURRENT VULNERABIL-
ITIES OF SYSTEMS, INSTALLATIONS, INFRASTRUCTURES, OR  PROJECTS  RELATING
TO  NATIONAL, STATE OR LOCAL SECURITY SHALL BE PROCURED BY THE APPROPRI-
ATE OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR ANY  DISTRICT
THEREIN  CONSISTENT WITH SECTION ONE HUNDRED FOUR-B OF THIS ARTICLE. THE
DETERMINATION UNDER THIS SUBDIVISION OF WHETHER DISCLOSURE  OF  INFORMA-
TION  WOULD MATERIALLY IMPAIR CURRENT NATIONAL, STATE OR LOCAL SECURITY,
MATERIALLY IMPAIR EMERGENCY PREPAREDNESS PLANS OR REVEAL CURRENT VULNER-
ABILITIES OF SYSTEMS, INSTALLATIONS, INFRASTRUCTURES, OR PROJECTS RELAT-
ING TO NATIONAL, STATE OR LOCAL SECURITY SHALL BE MADE BY THE  GOVERNING
BOARD OF A POLITICAL SUBDIVISION OR DISTRICT THEREIN OR A PUBLIC OFFICER
OR BODY DESIGNATED BY SUCH BOARD, PROVIDED THAT SUCH DETERMINATION SHALL
BE  MADE BY THE MAYOR AND COMPTROLLER IN CITIES WITH A POPULATION OF ONE
MILLION OR MORE.  SUCH DETERMINATION SHALL BE EXEMPT FROM THE PROVISIONS
OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11238-01-9

S. 4715                             2

  S 2. Section 104-b of the general municipal law is amended by adding a
new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY OTHER GENERAL, SPECIAL OR
LOCAL  LAW,  RULE  OR  REGULATION,  PURCHASES  OF  EQUIPMENT,  GOODS  OR
SERVICES,  OR  CONTRACTS  FOR  PUBLIC  WORK,  FOR  WHICH  THE APPLICABLE
REQUIREMENTS WOULD OTHERWISE  REQUIRE  DISCLOSURE  OF  INFORMATION  THAT
WOULD,  IF DISCLOSED, MATERIALLY IMPAIR CURRENT NATIONAL, STATE OR LOCAL
SECURITY, MATERIALLY  IMPAIR  EMERGENCY  PREPAREDNESS  PLANS  OR  REVEAL
VULNERABILITIES  OF SYSTEMS, INSTALLATIONS, INFRASTRUCTURES, OR PROJECTS
RELATING TO NATIONAL, STATE OR LOCAL SECURITY SHALL BE LET BY THE APPRO-
PRIATE OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION  OR  DISTRICT
THEREIN  IN  A MANNER CONSISTENT WITH THIS SECTION.  THE GOVERNING BOARD
OF EVERY POLITICAL SUBDIVISION AND ANY DISTRICT THEREIN, BY  RESOLUTION,
SHALL  ADOPT  INTERNAL  POLICIES  AND PROCEDURES GOVERNING PURCHASES AND
CONTRACTS TO WHICH THIS SUBDIVISION APPLIES TO ENSURE THAT SUCH INFORMA-
TION IS NOT  DISCLOSED  PURSUANT  TO  OTHERWISE  APPLICABLE  PROCUREMENT
PROCEDURES  REQUIRED BY ANY GENERAL, SPECIAL OR LOCAL LAW, RULE OR REGU-
LATION.   IN CITIES WITH A  POPULATION  OF  ONE  MILLION  OR  MORE,  THE
PROCUREMENT  POLICY BOARD SHALL DEVELOP AND PROMULGATE SUCH POLICIES AND
PROCEDURES BY RULE.  THE DETERMINATION UNDER THIS SUBDIVISION OF WHETHER
DISCLOSURE OF INFORMATION  WOULD  MATERIALLY  IMPAIR  CURRENT  NATIONAL,
STATE  OR LOCAL SECURITY, MATERIALLY IMPAIR EMERGENCY PREPAREDNESS PLANS
OR REVEAL CURRENT VULNERABILITIES OF SYSTEMS, INSTALLATIONS, INFRASTRUC-
TURES, OR PROJECTS RELATING TO NATIONAL, STATE OR LOCAL  SECURITY  SHALL
BE  MADE  BY  THE GOVERNING BOARD OF A POLITICAL SUBDIVISION OR DISTRICT
THEREIN OR A PUBLIC OFFICER OR BODY DESIGNATED BY SUCH  BOARD,  PROVIDED
THAT  SUCH  DETERMINATION  SHALL BE MADE BY THE MAYOR AND COMPTROLLER IN
CITIES WITH A POPULATION OF ONE MILLION OR  MORE.    SUCH  DETERMINATION
SHALL BE EXEMPT FROM THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFI-
CERS LAW.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.