S T A T E O F N E W Y O R K
________________________________________________________________________
3784
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
Introduced by M. of A. NORRIS, ASHBY, J. M. GIGLIO, MONTESANO, MORINEL-
LO, B. MILLER, PALMESANO, SMULLEN -- Multi-Sponsored by -- M. of A.
DeSTEFANO, WALSH -- read once and referred to the Committee on Govern-
mental 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01738-01-1
A. 3784 2
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;
(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.
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§ 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.