senate Bill S6967A

Signed By Governor
2013-2014 Legislative Session

Extends certain provisions relating to restrictions on contacts and disclosure of contacts during the procurement process

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Archive: Last Bill Status Via A9248 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2014 signed chap.62
delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.1085
substituted for s6967a
Jun 18, 2014 substituted by a9248a
Jun 09, 2014 advanced to third reading
Jun 03, 2014 2nd report cal.
amended 6967a
Jun 02, 2014 1st report cal.1085
Apr 09, 2014 referred to finance

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6967 - Bill Details

See Assembly Version of this Bill:
A9248A
Law Section:
State Finance
Laws Affected:
Amd §16, Chap 1 of 2005

S6967 - Bill Texts

view summary

Extends certain provisions relating to restrictions on contacts and disclosure of contacts during the procurement process.

view sponsor memo
BILL NUMBER:S6967

TITLE OF BILL: An act to amend chapter 1 of the laws of 2005,
amending the state finance law relating to restricting contacts in the
procurement process and the recording of contacts relating thereto, in
relation to extending the effectiveness thereof

Purpose of Bill:

This proposal extends for four more years the effectiveness of
sections one hundred thirty-nine-j and one hundred thirty-nine-k of
the State Finance Law (SFL) with respect to restrictions on
communications between bidding vendors (or potential bidders) and
contracting agencies during a procurement process and the recording of
such communications.

Summary of Provisions:

SFL §§ 139-j and 139-k would be extended for four years, through July
31, 2018.

Existing Law:

SFL §§ 139-j and 139-k are currently scheduled to expire on July 31,
2014.

Prior Legislative History:

SFL §§ 139-j and 139-k were last extended by chapter 4 of the laws of
2010. Previous extensions were enacted by L.2009, c. 169 and L.2007,
c. 501. These sections of law were added as part of a larger lobbying
reform bill, L.2005, c. 1.

Statement in Support:

Concerns about ensuring that the public procurement process was
competitive, open and transparent and conducted on a level playing
field led to the enactment in 2005 of SFL §§ 139-j and 139-k
restricting contacts during the procurement process and providing for
the recording of such contacts. The laws were originally scheduled to
expire on December 31, 2007, but have since been extended, most
recently by L.2010, c. 4. The continuation of these provisions is
important to maintain the integrity of the public procurement
infrastructure and to ensure the exercise of best practices in the
establishment and administration of State contracts.

Budget Implications:

None.

Local Impact:

None.

Effective Date:

Immediately.


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

                                  6967

                            I N  S E N A T E

                              April 9, 2014
                               ___________

Introduced  by  Sen. DeFRANCISCO -- (at request of the Office of General
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Finance

AN  ACT  to  amend  chapter  1  of  the laws of 2005, amending the state
  finance law relating to restricting contacts in the procurement  proc-
  ess  and  the  recording  of contacts relating thereto, in relation to
  extending the effectiveness thereof

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

  Section  1.  Section 16 of chapter 1 of the laws of 2005, amending the
state finance law relating to restricting contacts  in  the  procurement
process  and  the  recording of contacts relating thereto, as amended by
chapter 4 of the laws of 2010, is amended to read as follows:
  S 16. This act shall take effect immediately; provided, however,  that
sections  one,  six,  eight,  nine,  ten, eleven and fifteen of this act
shall take effect January 1, 2006; and provided, however, the amendments
to paragraph f of subdivision 9 of section 163 of the state finance  law
made  by section fifteen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further,  that
the  amendments to article 1-A of the legislative law, made by this act,
shall not affect the repeal of such article pursuant to chapter 2 of the
laws of 1999, as  amended,  and  shall  be  deemed  repealed  therewith;
provided, further, that sections thirteen and fourteen of this act shall
take effect January 1, 2006 and shall be deemed repealed July 31, [2014]
2018;  provided, further, that effective immediately, the advisory coun-
cil on procurement lobbying created pursuant to section twelve  of  this
act  shall  be constituted no later than sixty days following the effec-
tive date of this act, provided that effective sixty days following  the
effective date of this act, the advisory council on procurement lobbying
shall  be  authorized  to  establish  model guidelines and to add, amend
and/or repeal any rules or regulations necessary for the  implementation
of  its  duties  under sections twelve and thirteen of this act, and the
advisory council authorized to make and complete such  model  guidelines
on  or  before  the  effective  date  of  section  thirteen of this act;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13814-02-4

S. 6967                             2

provided, further, that procurement contracts for  which  bid  solicita-
tions  have been issued prior to the effective date of this act shall be
awarded pursuant to the provisions of law in effect at the time of issu-
ance.
  S 2. This act shall take effect immediately.

S6967A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9248A
Law Section:
State Finance
Laws Affected:
Amd §16, Chap 1 of 2005

S6967A (ACTIVE) - Bill Texts

view summary

Extends certain provisions relating to restrictions on contacts and disclosure of contacts during the procurement process.

view sponsor memo
BILL NUMBER:S6967A

TITLE OF BILL: An act to amend chapter 1 of the laws of 2005,
amending the state finance law relating to restricting contacts in the
procurement process and the recording of contacts relating thereto, in
relation to extending the effectiveness thereof

PURPOSE OF BILL: This proposal extends for two additional years the
effectiveness of sections one hundred thirty-nine-j and one hundred
thirty-nine-k of the State Finance Law (SFL) with respect to
restrictions on communications between bidding vendors (or potential
bidders) and contracting agencies during a procurement process and the
recording of such communications.

SUMMARY OF PROVISIONS: SFL §§ 139-j and 139-k would be extended for
two years, through July 31, 2016.

EXISTING LAW: SFL §§ 139-j and 139-k are currently scheduled to
expire on July 31, 2014.

PRIOR LEGISLATIVE HISTORY: SFL §§ 139-j and 139-k were last extended
by chapter 4 of the laws of 2010. Previous extensions were enacted by
L.2009, c. 169 and L.2007, c.501. These sections of law were added as
part of a larger lobbying reform bill, L.2005, c. 1.

STATEMENT IN SUPPORT: Concerns about ensuring that the public
procurement process was competitive, open and transparent and
conducted on a level playing field led to the enactment in 2005 of SFL
§§ 139-j and 139-k restricting contacts during the procurement process
and providing for the recording of such contacts. The laws were
originally scheduled to expire on December 31, 2007, but have since
been extended, most recently by L.2010, c. 4. The continuation of
these provisions is important to maintain the integrity of the public
procurement infrastructure and to ensure the exercise of best
practices in the establishment and administration of State contracts.

BUDGET IMPLICATIONS: None.

LOCAL IMPACT: None.

EFFECTIVE DATE: Immediately

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

                                 6967--A
    Cal. No. 1085

                            I N  S E N A T E

                              April 9, 2014
                               ___________

Introduced  by  Sen. DeFRANCISCO -- (at request of the Office of General
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed  to the Committee on Finance -- reported favorably from said
  committee, ordered to first report, amended on first  report,  ordered
  to  a  second report and ordered reprinted, retaining its place in the
  order of second report

AN ACT to amend chapter 1 of  the  laws  of  2005,  amending  the  state
  finance  law relating to restricting contacts in the procurement proc-
  ess and the recording of contacts relating  thereto,  in  relation  to
  extending the effectiveness thereof

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

  Section 1. Section 16 of chapter 1 of the laws of 2005,  amending  the
state  finance  law  relating to restricting contacts in the procurement
process and the recording of contacts relating thereto,  as  amended  by
chapter 4 of the laws of 2010, is amended to read as follows:
  S  16. This act shall take effect immediately; provided, however, that
sections one, six, eight, nine, ten, eleven  and  fifteen  of  this  act
shall take effect January 1, 2006; and provided, however, the amendments
to  paragraph f of subdivision 9 of section 163 of the state finance law
made by section fifteen of this act shall not affect the repeal of  such
section  and shall be deemed repealed therewith; provided, further, that
the amendments to article 1-A of the legislative law, made by this  act,
shall not affect the repeal of such article pursuant to chapter 2 of the
laws  of  1999,  as  amended,  and  shall  be deemed repealed therewith;
provided, further, that sections thirteen and fourteen of this act shall
take effect January 1, 2006 and shall be deemed repealed July 31, [2014]
2016; provided, further, that effective immediately, the advisory  coun-
cil  on  procurement lobbying created pursuant to section twelve of this
act shall be constituted no later than sixty days following  the  effec-
tive  date of this act, provided that effective sixty days following the
effective date of this act, the advisory council on procurement lobbying
shall be authorized to establish model  guidelines  and  to  add,  amend
and/or  repeal any rules or regulations necessary for the implementation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13814-03-4

S. 6967--A                          2

of its duties under sections twelve and thirteen of this  act,  and  the
advisory  council  authorized to make and complete such model guidelines
on or before the  effective  date  of  section  thirteen  of  this  act;
provided,  further,  that  procurement contracts for which bid solicita-
tions have been issued prior to the effective date of this act shall  be
awarded pursuant to the provisions of law in effect at the time of issu-
ance.
  S 2. This act shall take effect immediately.

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