The New York State Senate

 
                     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 section and shall be deemed repealed therewith; provided, further,  that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 laws of 1999, as  amended,  and  shall  be  deemed  repealed  therewith;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 take effect January 1, 2006 and shall be deemed repealed July 31, [2021]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.