S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3541
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law and the state finance law, in relation
   to enacting the "state contract sunlight act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may  be  cited  as  the  "state
 contract sunlight act".
   §  2.  The  executive  law is amended by adding a new section 170-c to
 read as follows:
   § 170-C. STATE CONTRACT PROJECT SUNLIGHT DATABASE.  1. THE COMPTROLLER
 SHALL ESTABLISH A STATE-WIDE DATABASE TO BE KNOWN AS THE STATE  CONTRACT
 PROJECT SUNLIGHT DATABASE.
   2.  (A)  BEFORE  ANY CONTRACT MADE FOR OR BY ANY DEPARTMENT, DIVISION,
 COMMISSION, AGENCY, AUTHORITY, BOARD OR ANY OTHER ENTITY  OF  THE  STATE
 SHALL  BE EXECUTED, OR BEFORE APPROVAL BY THE COMPTROLLER AND THE ATTOR-
 NEY GENERAL, IF REQUIRED PURSUANT TO THE STATE FINANCE LAW, THE  DEPART-
 MENT, DIVISION, COMMISSION, AGENCY, AUTHORITY, BOARD OR ANY OTHER ENTITY
 OF  THE  STATE AWARDING SUCH CONTRACT SHALL SUBMIT THE PROPOSED CONTRACT
 TO THE COMPTROLLER TO BE POSTED ON THE DATABASE FOR  PUBLIC  REVIEW  AND
 COMMENT AT LEAST FOURTEEN DAYS BEFORE SUCH CONTRACT SHALL BE APPROVED BY
 THE  COMPTROLLER  AND THE ATTORNEY GENERAL, IF REQUIRED, OR BE EXECUTED.
 SUCH PROPOSED CONTRACTS SHALL BE SUBMITTED ON A SCHEDULE AND IN A FORMAT
 DETERMINED BY THE COMPTROLLER.
   (B) EVERY DEPARTMENT, DIVISION, COMMISSION, AGENCY,  AUTHORITY,  BOARD
 OR  ANY OTHER ENTITY OF THE STATE SHALL SUBMIT ALL AWARDED CONTRACTS AND
 BIDS RELATED TO SUCH CONTRACTS TO THE COMPTROLLER TO BE  POSTED  ON  THE
 DATABASE ON A SCHEDULE AND IN A FORMAT DETERMINED BY THE COMPTROLLER.
   3.  (A) SUCH DATABASE SHALL BE AVAILABLE ONLINE FOR PUBLIC REVIEW IN A
 SEARCHABLE, DOWNLOADABLE FORMAT. SUCH DATABASE SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (I) ALL PROPOSED CONTRACTS SUBMITTED  PURSUANT  TO  PARAGRAPH  (A)  OF
 SUBDIVISION TWO OF THIS SECTION;
   (II) DESCRIPTIONS OF REQUESTS FOR PROPOSALS AND CONTRACTS;
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02922-01-9

 A. 3541                             2
 
   (III) ALL BIDS FOR STATE CONTRACTS;
   (IV)  AUTHORIZED  CONTRACTS INCLUDING SPECIFIC REQUIREMENTS UNDER SUCH
 CONTRACTS INCLUDING JOB CREATION AND INVESTMENT AND CLAWBACK PROVISIONS;
   (V) CONTACT INFORMATION FOR ALL PARTIES TO THE CONTRACT;
   (VI) PROJECT TIMELINES;
   (VII) FUNDING SOURCES;
   (VIII) HISTORY OF EACH PROJECT;
   (IX) RETURN ON INVESTMENT TO THE STATE; AND
   (X) ANY ADDITIONAL INFORMATION MADE AVAILABLE TO THE STATE AS PART  OF
 THE BIDDING AND CONTRACTING PROCESS.
   (B)  THE  DATABASE SHALL BE IN A FORMAT THAT ALLOWS FOR PUBLIC COMMENT
 ON PROPOSED AND AWARDED CONTRACTS.
   4. THE COMPTROLLER SHALL DEVELOP, AFTER CONSULTATION WITH THE ENTITIES
 REQUIRED TO REPORT UNDER THIS SECTION,  A  STANDARDIZED  FORM  FOR  EACH
 DEPARTMENT, DIVISION, COMMISSION, AGENCY, AUTHORITY, BOARD AND ANY OTHER
 ENTITY  OF  THE  STATE  TO  COMPILE  THE INFORMATION REQUIRED UNDER THIS
 SECTION AND SUBMIT SUCH INFORMATION TO THE COMPTROLLER FOR INCLUSION  IN
 THE DATABASE.
   5.  THE  COMPTROLLER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY FOR THE IMPLEMENTATION OF SUCH  DATABASE  ESTABLISHED  PURSUANT  TO
 THIS SECTION.
   §  3.  Paragraph  (a)  of  subdivision  2  of section 112 of the state
 finance law, as amended by section 18 of part L of  chapter  55  of  the
 laws of 2012, is amended to read as follows:
   (a)  Before  any contract made for or by any state agency, department,
 board, officer, commission, or institution, except the office of general
 services, shall be executed or become effective, whenever such  contract
 exceeds  fifty  thousand  dollars in amount and before any contract made
 for or by the office of general services shall  be  executed  or  become
 effective,  whenever  such contract exceeds eighty-five thousand dollars
 in amount, it shall first be approved by the comptroller  and  filed  in
 his  or  her  office,  with  the exception of contracts established as a
 centralized contract through the office of general services and purchase
 orders or other procurement transactions issued under  such  centralized
 contracts. The comptroller shall make a final written determination with
 respect  to  approval  of  such  contract  within  ninety  days  of  the
 submission of such contract to his or her office unless the  comptroller
 shall  notify, in writing, the state agency, department, board, officer,
 commission, or institution, prior to the expiration of  the  ninety  day
 period,  and  for  good  cause, of the need for an extension of not more
 than fifteen days, or a reasonable period of  time  agreed  to  by  such
 state agency, department, board, officer, commission, or institution and
 provided, further, that such written determination or extension shall be
 made  part of the procurement record pursuant to paragraph f of subdivi-
 sion one of section  one  hundred  sixty-three  of  this  chapter.  UPON
 APPROVAL  BY  THE  COMPTROLLER,  THE  CONTRACT SHALL BE DELIVERED TO THE
 ATTORNEY GENERAL WHO SHALL WITHIN FIFTEEN DAYS OF RECEIPT EITHER APPROVE
 SUCH CONTRACT OR DISAPPROVE AND RETURN THE CONTRACT TO THE STATE AGENCY,
 DEPARTMENT, BOARD,  OFFICER,  COMMISSION  OR  INSTITUTION  WITH  REASONS
 THEREFOR.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.