Assembly Bill A10406

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10406
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the state  finance  law,  in  relation  to  approval  of
   contracts  during a state disaster emergency or in accordance with any
   other provision of law suspending approval
 
   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
 149 to read as follows:
   § 149. CERTAIN CONTRACTS TO BE PUBLICLY POSTED.   1. FOR  PURPOSES  OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "STATE DISASTER EMERGENCY CONTRACT" SHALL MEAN:
   (I) ANY CONTRACT SUBJECT TO PRIOR APPROVAL BY THE COMPTROLLER PURSUANT
 TO  SUBDIVISION TWO OF SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, WHICH
 IS EXECUTED OR MADE EFFECTIVE IN ACCORDANCE WITH AN EXECUTIVE  ORDER  OF
 THE  GOVERNOR  TEMPORARILY  SUSPENDING  SUBDIVISION  TWO  OF SECTION ONE
 HUNDRED TWELVE OF THIS CHAPTER, OR ANY PART THEREOF, PURSUANT TO HIS  OR
 HER AUTHORITY UNDER SECTION TWENTY-NINE-A OF THE EXECUTIVE LAW; AND
   (II)  ANY  CONTRACT  SUBJECT TO PRIOR REVIEW AND APPROVAL BY THE COMP-
 TROLLER PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A  OF  THE
 PUBLIC  AUTHORITIES  LAW, WHICH IS EXECUTED OR MADE EFFECTIVE IN ACCORD-
 ANCE WITH AN EXECUTIVE ORDER  OF  THE  GOVERNOR  TEMPORARILY  SUSPENDING
 SECTION  TWENTY-EIGHT  HUNDRED  SEVENTY-NINE-A OF THE PUBLIC AUTHORITIES
 LAW, OR ANY PART THEREOF, PURSUANT TO HIS OR HER AUTHORITY UNDER SECTION
 TWENTY-NINE-A OF THE EXECUTIVE LAW.
   (B) "EXEMPTED CONTRACT" SHALL MEAN:
   (I)  ANY CONTRACT SUBJECT TO PRIOR APPROVAL BY THE COMPTROLLER  PURSU-
 ANT  TO SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, WHICH IS EXECUTED OR
 MADE EFFECTIVE IN ACCORDANCE WITH ANY PROVISION OF  LAW  SUSPENDING  THE
 PROVISIONS  OF,  EXEMPTING, OR OTHERWISE NOTWITHSTANDING SUBDIVISION TWO
 OF SECTION ONE HUNDRED TWELVE OF THIS CHAPTER; AND
   (II) ANY CONTRACT SUBJECT TO PRIOR REVIEW AND APPROVAL  BY  THE  COMP-
 TROLLER  PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THE
 PUBLIC AUTHORITIES LAW, WHICH IS EXECUTED OR MADE EFFECTIVE  IN  ACCORD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14766-01-2
 A. 10406                            2
 
 ANCE  WITH ANY PROVISION OF LAW SUSPENDING THE PROVISIONS OF, EXEMPTING,
 OR OTHERWISE NOTWITHSTANDING SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A
 OF THE PUBLIC AUTHORITIES LAW.
   2.  WITHIN  THIRTY  DAYS  FOLLOWING  THE EXECUTION OF A STATE DISASTER
 EMERGENCY CONTRACT OR AN EXEMPTED CONTRACT, SUCH STATE  AGENCY,  DEPART-
 MENT,  BOARD, OFFICER, COMMISSION, STATE AUTHORITY, OR INSTITUTION SHALL
 SUBMIT THE FOLLOWING INFORMATION TO THE OFFICE OF THE STATE COMPTROLLER,
 WITH  REDACTIONS  MADE  BY  THE  CONTRACTING  ENTITY  PURSUANT  TO   THE
 PROVISIONS  OF  SECTION  EIGHTY-NINE  OF  THE PUBLIC OFFICERS LAW, WHICH
 SHALL BE MADE AVAILABLE ON ITS PUBLIC WEBSITE:
   (A) THE STATE DISASTER EMERGENCY CONTRACT OR EXEMPTED CONTRACT;
   (B) A  STATEMENT  ACKNOWLEDGING  THAT  THE  STATE  DISASTER  EMERGENCY
 CONTRACT  OR EXEMPTED CONTRACT WAS ENTERED INTO WITHOUT THE PRIOR REVIEW
 AND APPROVAL REQUIRED BY SUBDIVISION TWO OF SECTION ONE  HUNDRED  TWELVE
 OF  THIS  CHAPTER, OR AS APPLICABLE, SECTION TWENTY-EIGHT HUNDRED SEVEN-
 TY-NINE-A OF THE PUBLIC AUTHORITIES LAW; AND
   (C) WITH RESPECT TO A STATE DISASTER EMERGENCY CONTRACT,  A  STATEMENT
 DESCRIBING  HOW  COMPLIANCE  WITH SUBDIVISION TWO OF SECTION ONE HUNDRED
 TWELVE OF THIS CHAPTER, OR AS APPLICABLE, SECTION  TWENTY-EIGHT  HUNDRED
 SEVENTY-NINE-A  OF THE PUBLIC AUTHORITIES LAW, WOULD PREVENT, HINDER, OR
 DELAY ACTION NECESSARY TO COPE WITH THE  STATE  DISASTER  EMERGENCY  AND
 WITH  RESPECT TO AN EXEMPTED CONTRACT, A STATEMENT DESCRIBING HOW REMOV-
 ING COMPLIANCE WITH SUBDIVISION TWO OF SECTION  ONE  HUNDRED  TWELVE  OF
 THIS  CHAPTER,  OR  AS APPLICABLE, SECTION TWENTY-EIGHT HUNDRED SEVENTY-
 NINE-A OF THE PUBLIC AUTHORITIES LAW, IS IN THE BEST  INTERESTS  OF  THE
 STATE.
   3.  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW TO THE CONTRARY, THE
 PROVISIONS OF THIS SECTION CANNOT BE SUSPENDED, MODIFIED, OR ALTERED  BY
 THE GOVERNOR'S AUTHORITY TO TEMPORARILY SUSPEND PROVISIONS OF LAW DURING
 A  STATE  DISASTER  EMERGENCY  PURSUANT  TO SECTION TWENTY-NINE-A OF THE
 EXECUTIVE LAW.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.