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

                                   203

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  GALEF,  KELLNER, ORTIZ, DINOWITZ,
  ZEBROWSKI, BROOK-KRASNY, SCHIMEL -- Multi-Sponsored by  --  M.  of  A.
  BRENNAN,  GIGLIO,  JAFFEE,  KOLB, LUPARDO, MAISEL, McDONOUGH, SWEENEY,
  THIELE, TITONE -- read once and referred to the Committee on Ways  and
  Means

AN  ACT to amend the state finance law, in relation to the disqualifica-
  tion of tax delinquent bidders and certain exceptions

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

  Section  1.  The  state finance law is amended by adding a new section
169 to read as follows:
  S 169. DISQUALIFICATION OF TAX DELINQUENT BIDDERS.  1.  SUBSEQUENT  TO
RECEIVING  BIDS  AND  PRIOR  TO  ENTERING INTO A CONTRACT WITH A BIDDER,
WHERE THAT BIDDER HAS OR WILL CONDUCT BUSINESS IN  NEW  YORK  STATE,  OR
PRIOR  TO  FORMALLY  APPROVING A CONTRACT BETWEEN A BIDDER AND A SUBCON-
TRACTOR, EACH AGENCY, AS DEFINED IN SECTION  NINETY-TWO  OF  THE  PUBLIC
OFFICERS  LAW,  SHALL  REVIEW  THE  LIST  OF WARRANTS TRANSMITTED TO THE
DEPARTMENT OF STATE BY THE DEPARTMENT OF TAXATION AND  FINANCE  PURSUANT
TO SECTION SIX OF THE TAX LAW TO DETERMINE WHETHER THE BIDDER OR SUBCON-
TRACTOR HAS AN UNSATISFIED TAX WARRANT FILED AGAINST HIM OR HER WITH THE
DEPARTMENT  OF STATE. NO AGENCY, AS DEFINED IN SECTION NINETY-TWO OF THE
PUBLIC OFFICERS LAW, SHALL BE PERMITTED TO ENTER INTO A  CONTRACT  WITH,
OR  FORMALLY APPROVE A SUBCONTRACT TO, A BIDDER OR SUBCONTRACTOR WHO HAS
AN UNSATISFIED TAX WARRANT FILED AGAINST HIM OR HER PURSUANT TO  SECTION
SIX OF THE TAX LAW.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A CONTRACT MAY BE ENTERED INTO WITH A BIDDER WHO HAS AN OUTSTANDING  TAX
WARRANT IF:
  A.  THE AGENCY DETERMINES THAT AN EMERGENCY CONDITION EXISTS INVOLVING
DANGER TO THE LIFE, HEALTH, OR SAFETY OF ANY PERSON OR THE SAFETY OF ANY

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

                                                           LBD02157-01-3

A. 203                              2

STRUCTURE THAT REQUIRES IMMEDIATE ACTION AND THE NATURE OF THE  WORK  IS
SUCH  THAT  IT  WOULD  BE IMPRACTICAL AND AGAINST THE PUBLIC INTEREST TO
HAVE PUBLIC LETTING OF THE CONTRACT, OR THE  ITEM  TO  BE  PURCHASED  IS
ESSENTIAL  TO  THE  EFFICIENT  OPERATION  OR  THE  ADEQUATE PROVISION OF
SERVICE AND AS A CONSEQUENCE OF AN  EMERGENCY  CONDITION  SUCH  PURCHASE
CANNOT AWAIT COMPETITIVE BIDDING; OR
  B. THE ITEM TO BE PURCHASED IS AVAILABLE ONLY FROM A SINGLE SOURCE AND
THAT SOURCE IS THE BIDDER WITH THE OUTSTANDING TAX WARRANT; OR
  C.  THE BIDDER HAS DISCLOSED THE EXISTENCE OF THE TAX WARRANT PRIOR TO
OFFERING HIS OR HER BID, HAS PROVIDED THE AGENCY WITH  PROOF  SUFFICIENT
TO  THE  COMPTROLLER  THAT  THE  BIDDER IS, IN GOOD FAITH, ATTEMPTING TO
SATISFY THE TAX WARRANT, AND/OR THE DEPARTMENT OF TAXATION  AND  FINANCE
HAS  DECLARED THE OUTSTANDING TAX WARRANT TO BE DE MINIMIS IN NATURE AND
THUS DOES NOT WARRANT THE DISQUALIFICATION OF THE BIDDER.
  3. FOR THE PURPOSES OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
THE TERM "EMERGENCY CONDITION"  SHALL  MEAN  A  CONDITION  CAUSED  BY  A
NATURAL  DISASTER,  FIRE,  OR  OTHER CASUALTY, OR ANOTHER UNANTICIPATED,
SUDDEN, AND UNEXPECTED OCCURRENCE THAT REQUIRES THE IMMEDIATE  ATTENTION
AND ACTION OF THE AGENCY.
  4. PRIOR TO AWARDING A CONTRACT UNDER THE PROVISIONS OF PARAGRAPH A OF
SUBDIVISION TWO OF THIS SECTION, THE AGENCY SHALL NOTIFY THE COMPTROLLER
OF  ITS  INTENT TO AWARD THE CONTRACT AND SHALL SPECIFY THE REASONS USED
BY THE AGENCY TO MAKE THE  REQUIRED  DETERMINATIONS.    THE  COMPTROLLER
SHALL  REVIEW  THE  DETERMINATIONS OF THE AGENCY AND IF, IN THE DETERMI-
NATION OF THE COMPTROLLER, THE REASONS SPECIFIED BY THE  AGENCY  DO  NOT
SATISFY  THE  REQUIREMENTS  OF  PARAGRAPH  A  OF SUBDIVISION TWO OF THIS
SECTION, THE COMPTROLLER SHALL HAVE THE AUTHORITY TO  DEEM  THE  AWARDED
CONTRACT  NULL  AND  VOID AND UNENFORCEABLE AND TO REQUIRE THE AGENCY TO
USE THE COMPETITIVE BIDDING PROCESS FOR THE CONTRACT.
  5. FOR PURPOSES OF PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION, THE
COMPTROLLER SHALL HAVE THE AUTHORITY TO MAKE A DETERMINATION OF  WHETHER
PROOF SUFFICIENT EXISTS TO SATISFY THE TAX WARRANT.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that all state agencies, as defined
in  paragraph  (g) of subdivision 1 of section 73 of the public officers
law, are authorized to promulgate any and all rules and regulations  and
take any other measures necessary to implement this act on its effective
date on or before such date.