senate Bill S7351

Signed By Governor
2013-2014 Legislative Session

Increases the threshold amount which triggers the publication requirement of procurement opportunities

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Archive: Last Bill Status - 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
Jul 22, 2014 signed chap.173
Jul 11, 2014 delivered to governor
Jun 16, 2014 returned to senate
passed assembly
ordered to third reading rules cal.229
substituted for a9902
referred to ways and means
delivered to assembly
passed senate
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.966
May 13, 2014 referred to commerce, economic development and small business

Votes

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May 28, 2014 - Commerce, Economic Development and Small Business committee Vote

S7351
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Commerce, Economic Development and Small Business Committee Vote: May 28, 2014

S7351 - Bill Details

See Assembly Version of this Bill:
A9902
Law Section:
Economic Development Law
Laws Affected:
Amd §146, Ec Dev L; amd §163, St Fin L

S7351 - Bill Texts

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Increases the threshold amount which triggers the publication requirement of procurement opportunities.

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BILL NUMBER:S7351

TITLE OF BILL: An act to amend the economic development law and the
state finance law, in relation to making technical corrections
relating to thresholds for the publication of procurement
opportunities

PURPOSE:

The purpose of this legislation is to eliminate certain Contract
Reporter Exemption Request (CRER) threshold discrepancies. The
definition of a procurement contract contained in Section 141 of
Article 4-C of the Economic Development Law was amended in 2012 to
increase the dollar value of such contract from $15,000 to $50,000.

However, the $15,000 threshold in Section 146 of Article 4-C of the
Economic Development Law providing that in order to receive
comptroller approval, a contract must be first advertised or an
exemption granted was not similarly increased to $50,000.

Additionally, State Finance law, Section 163(6)(a) notwithstands
Article 4-C of the Economic Development Law and allows the Office of
General Services (OGS) to procure goods and commodities not exceeding
$30,000 without prior approval of another state officer or agency. It
seems that the impact of this provision is that the Comptroller would
not enforce the publication/exemption requirements for OGS contracts
up to $30,000.

SUMMARY OF PROVISIONS:

Section 1 amends Section 146 of the Economic Development Law to
provide that the Comptroller shall not approve or file any procurement
contract for the acquisition of goods or services in the amount of
$50,000 or more unless notice as provided in Section 142 of article
4-C of the Economic Development Law shall first have been published in
the procurement opportunities newsletter at least fifteen business
days prior to the date on which a bid or proposal was due.

Section 2 amends Subdivision 6-a of Section 163 of the State Finance
Law to provide that notwithstanding the provisions of Article 4-C of
the Economic Development Law, the Commissioner of General Services may
make purchases or enter into contracts for the acquisition of
commodities and services having a value not exceeding $50,000 without
prior approval by any other state officer or agency in accordance with
procedures and requirements set forth in Article 11 of the State
Finance Law.

PRIOR LEGISLATIVE HISTORY:

New bill.

JUSTIFICATION:

Since it is believed that the 2012 amendments to Section 141 of the
Economic Development Law were intended to increase the threshold for
publication in the Contract Reporter for all procuring agencies, it
would have been clearer if the Legislature had also amended the


provisions of section 146 of the Economic Development Law. However, we
believe that the provisions of Section 146 must be read in light of
the legislative intent as reflected in the amendment to Section 141;
and, therefore, that contracts below the $50,000 threshold do not have
to be published or exempted from publication.

FISCAL IMPLICATIONS FOR STATE:

This bill has no significant State fiscal impact.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7351

                            I N  S E N A T E

                              May 13, 2014
                               ___________

Introduced  by  Sen. MARTINS -- (at request of the State Comptroller) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Commerce, Economic Development and Small Business

AN  ACT to amend the economic development law and the state finance law,
  in relation to making technical corrections relating to thresholds for
  the publication of procurement opportunities

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

  Section  1. Section 146 of the economic development law, as amended by
chapter 95 of the laws of 2000 and renumbered by chapter 137 of the laws
of 2008, is amended to read as follows:
  S 146. Approval of comptroller. The comptroller shall not  approve  or
file  any  procurement contract for the acquisition of goods or services
in the amount of [fifteen] FIFTY thousand dollars or more unless  notice
as provided in section one hundred forty-two of this article shall first
have been published in the procurement opportunities newsletter at least
fifteen  business  days prior to the date on which a bid or proposal was
due. Provided, however,  such  requirement  of  publication  of  advance
notice  shall  not apply to contracts exempt from such requirement under
section one hundred forty-four of this article; provided  further,  that
the  comptroller shall not be required to disapprove a contract if he OR
SHE determines that there  has  been  substantial  compliance  with  the
requirements  of  section  one hundred forty-two and section one hundred
forty-three of this article. The foregoing provisions  of  this  section
shall  not  be construed to limit, in any manner, the right of the comp-
troller to demand evidence of adequate competition or such other  proofs
as he OR SHE may require in the discharge of his OR HER responsibilities
pursuant  to  section one hundred twelve of the state finance law or any
other provision of law.
  S 2. Subdivision 6-a of section 163 of the state finance law, as added
by section 4 of part D of chapter 56 of the laws of 2006, is amended  to
read as follows:
  6-a. Discretionary purchases. Notwithstanding the provisions of subdi-
vision two of section one hundred twelve of this chapter relating to the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13533-02-4

S. 7351                             2

dollar   threshold   requiring   the  state  comptroller's  approval  of
contracts, the commissioner of general services may  make  purchases  or
enter  into  contracts  for  the acquisition of commodities and services
having  a value not exceeding eighty-five thousand dollars without prior
approval by any other state officer or agency in accordance with  proce-
dures  and  requirements set forth in this article. [Notwithstanding the
provisions of article  four-C  of  the  economic  development  law,  the
commissioner  of  general  services  may  make  purchases  or enter into
contracts for the acquisition of commodities and services having a value
not exceeding thirty thousand dollars  without  prior  approval  by  any
other state officer or agency in accordance with procedures and require-
ments set forth in this article.]
  S 3. This act shall take effect immediately, provided, that the amend-
ment  to subdivision 6-a of section 163 of the state finance law made by
section two of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.

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