S T A T E O F N E W Y O R K
________________________________________________________________________
5303
2021-2022 Regular Sessions
I N S E N A T E
March 1, 2021
___________
Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed,
and when printed to be committed to the Committee on Procurement and
Contracts
AN ACT to amend chapter 1 of the laws of 2005, amending the state
finance law relating to restricting contacts in the procurement proc-
ess and the recording of contacts relating thereto, in relation to the
effectiveness thereof; and to amend the state finance law, in relation
to procurement contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 16 of chapter 1 of the laws of 2005, amending the
state finance law relating to restricting contacts in the procurement
process and the recording of contacts relating thereto, as amended by
section 2 of part F of chapter 57 of the laws of 2016, is amended to
read as follows:
§ 16. This act shall take effect immediately; provided, however, that
sections one, six, eight, nine, ten, eleven and fifteen of this act
shall take effect January 1, 2006; and provided, however, the amendments
to paragraph f of subdivision 9 of section 163 of the state finance law
made by section fifteen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further, that
the amendments to article 1-A of the legislative law, made by this act,
shall not affect the repeal of such article pursuant to chapter 2 of the
laws of 1999, as amended, and shall be deemed repealed therewith;
provided, further, that sections thirteen and fourteen of this act shall
take effect January 1, 2006 and shall be deemed repealed July 31, [2021]
2026; provided, further, that effective immediately, the advisory coun-
cil on procurement lobbying created pursuant to section twelve of this
act shall be constituted no later than sixty days following the effec-
tive date of this act, provided that effective sixty days following the
effective date of this act, the advisory council on procurement lobbying
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10229-01-1
S. 5303 2
shall be authorized to establish model guidelines and to add, amend
and/or repeal any rules or regulations necessary for the implementation
of its duties under sections twelve and thirteen of this act, and the
advisory council authorized to make and complete such model guidelines
on or before the effective date of section thirteen of this act;
provided, further, that procurement contracts for which bid solicita-
tions have been issued prior to the effective date of this act shall be
awarded pursuant to the provisions of law in effect at the time of issu-
ance.
§ 2. Paragraph g of subdivision 1 of section 139-j of the state
finance law, as amended by chapter 4 of the laws of 2010, is amended to
read as follows:
g. "Procurement contract" shall mean any contract or other agreement,
including an amendment, extension, renewal or change order to an exist-
ing contract (other than amendments, extensions, renewals, or change
orders that are authorized and payable under the terms of the contract
as it was finally awarded or approved by the comptroller, as applica-
ble), for an article of procurement involving an estimated annualized
expenditure in excess of [fifteen] TWENTY-FIVE thousand dollars. Grants,
article eleven-B state finance law contracts, program contracts between
not-for-profit organizations, as defined in article eleven-B of this
chapter, and the unified court system, intergovernmental agreements,
railroad and utility force accounts, utility relocation project agree-
ments or orders, contracts governing organ transplants, contracts allow-
ing for state participation in trade shows, and eminent domain trans-
actions shall not be deemed procurement contracts.
§ 3. Paragraph g of subdivision 1 of section 139-k of the state
finance law, as amended by chapter 4 of the laws of 2010, is amended to
read as follows:
g. "Procurement contract" shall mean any contract or other agreement,
including an amendment, extension, renewal, or change order to an exist-
ing contract (other than amendments, extensions, renewals, or change
orders that are authorized and payable under the terms of the contract
as it was finally awarded or approved by the comptroller, as applica-
ble), for an article of procurement involving an estimated annualized
expenditure in excess of [fifteen] TWENTY-FIVE thousand dollars. Grants,
article eleven-B state finance law contracts, program contracts between
not-for-profit organizations, as defined in article eleven-B of this
chapter, and the unified court system, intergovernmental agreements,
railroad and utility force accounts, utility relocation project agree-
ments or orders, contracts governing organ transplants, contracts allow-
ing for state participation in a trade show, and eminent domain trans-
actions shall not be deemed procurement contracts.
§ 4. This act shall take effect immediately, provided, however, that
the amendments to subdivision 1 of section 139-j of the state finance
law and subdivision 1 of section 139-k of the state finance law made by
sections two and three of this act shall not affect the expiration of
such sections and shall be deemed to expire therewith.
