S T A T E O F N E W Y O R K
________________________________________________________________________
4234
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
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Introduced by M. of A. BRENNAN, DESTITO, ORTIZ, CAHILL, JAFFEE, COLTON
-- Multi-Sponsored by -- M. of A. CLARK, CYMBROWITZ, ENGLEBRIGHT,
GOTTFRIED, LIFTON, McENENY, MILLMAN, PEOPLES-STOKES, PHEFFER, SWEENEY
-- read once and referred to the Committee on Governmental Operations
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REPEALED, and a new subdivision 14 is added to read as follows: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
WILL BE PROCURED AS A SINGLE CONTRACT OR AS SEPARATE CONTRACTS OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08091-01-1
A. 4234 2
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
ELEVEN--TWO THOUSAND TWELVE 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 PARA-
GRAPH A OF THIS SUBDIVISION AND ANY OTHER PROJECTS WHICH APPEAR AS SEPA-
RATE ITEMS OF APPROPRIATION 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, 2011.