S T A T E O F N E W Y O R K
________________________________________________________________________
4629
2023-2024 Regular Sessions
I N A S S E M B L Y
February 21, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, in relation to approval of
contracts during a declared state disaster emergency
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
112-a to read as follows:
§ 112-A. APPROVAL OF CONTRACTS DURING A DECLARED STATE DISASTER EMER-
GENCY. 1. IF THE GOVERNOR SUSPENDS, ALTERS OR MODIFIES SUBDIVISION TWO
OF SECTION ONE HUNDRED TWELVE OF THIS ARTICLE PURSUANT TO SECTION TWEN-
TY-NINE-A OF THE EXECUTIVE LAW, WHEN ANY EMERGENCY CONTRACT MADE FOR OR
BY ANY STATE AGENCY, DEPARTMENT, BOARD, OFFICER, COMMISSION, OR INSTITU-
TION, EXCEPT THE OFFICE OF GENERAL SERVICES, SHALL BE EXECUTED OR BECOME
EFFECTIVE, WHENEVER SUCH EMERGENCY CONTRACT EXCEEDS FIFTY THOUSAND
DOLLARS IN AMOUNT, AND WHEN ANY EMERGENCY CONTRACT MADE FOR OR BY THE
OFFICE OF GENERAL SERVICES SHALL BE EXECUTED OR BECOME EFFECTIVE, WHEN-
EVER SUCH EMERGENCY CONTRACT EXCEEDS EIGHTY-FIVE THOUSAND DOLLARS IN
AMOUNT, IT SHALL BE IMMEDIATELY FILED IN THE COMPTROLLER'S OFFICE. THE
COMPTROLLER SHALL REVIEW SUCH EMERGENCY CONTRACT AND SUBMIT A REPORT TO
THE CHAIRS AND RANKING MINORITY MEMBERS OF THE SENATE FINANCE COMMITTEE
AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON SUCH EMERGENCY CONTRACT,
NOTING ANY CONCERNS AND RECOMMENDATIONS, WITHIN FOURTEEN DAYS OF THE
SUBMISSION OF SUCH EMERGENCY CONTRACT TO HIS OR HER OFFICE UNLESS THE
COMPTROLLER SHALL NOTIFY, IN WRITING, THE CHAIRS AND RANKING MINORITY
MEMBERS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS
COMMITTEE, PRIOR TO THE EXPIRATION OF THE FOURTEEN DAY PERIOD, AND FOR
GOOD CAUSE, OF THE NEED FOR AN EXTENSION OF NOT MORE THAN FOURTEEN DAYS,
OR A REASONABLE PERIOD OF TIME AGREED TO BY SUCH CHAIRS AND RANKING
MINORITY MEMBERS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS
AND MEANS COMMITTEE. THE COMPTROLLER SHALL ALSO POST SUCH REPORT PUBLIC-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09383-01-3
A. 4629 2
LY ON THE COMPTROLLER'S OFFICE'S OFFICIAL WEBSITE IN A CONSPICUOUS
LOCATION IMMEDIATELY AFTER SUBMITTING SUCH REPORT TO THE CHAIRS AND
RANKING MINORITY MEMBERS OF THE SENATE FINANCE COMMITTEE AND THE ASSEM-
BLY WAYS AND MEANS COMMITTEE.
2. TO THE EXTENT PRACTICABLE, THE COMPTROLLER MAY PLACE A HOLD ON
EMERGENCY CONTRACTS WHERE HE OR SHE DEEMS IT IN THE PUBLIC INTEREST UPON
REVIEW PURSUANT TO SUBDIVISION ONE OF THIS SECTION. IN SUCH CASE, THE
COMPTROLLER SHALL EXPEDITIOUSLY NOTIFY THE HEAD OF THE ORIGINATING STATE
AGENCY, DEPARTMENT, BOARD, OFFICER, COMMISSION, OR INSTITUTION OF SUCH
EMERGENCY CONTRACT, AS WELL AS THE CHAIRS AND RANKING MINORITY MEMBERS
OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMIT-
TEE OF SUCH HOLD, ALONG WITH AN EXPLANATION FOR THE HOLD AND ANY INFOR-
MATION THAT MAY BE NEEDED TO RECTIFY SUCH HOLD.
3. IF THE GOVERNOR SUSPENDS, ALTERS OR MODIFIES SUBDIVISION ONE OF
SECTION ONE HUNDRED TWELVE OF THIS ARTICLE PURSUANT TO SECTION TWENTY-
NINE-A OF THE EXECUTIVE LAW, THE COMPTROLLER MAY ESTABLISH A SYSTEM OF
ACCOUNTING AND A FORM OF ACCOUNTS TO BE INSTALLED AND OBSERVED IN EVERY
STATE DEPARTMENT AND IN EVERY STATE INSTITUTION, WHICH SHALL BE ACCEPTED
AND FOLLOWED BY THEM RESPECTIVELY, AS MAY BE NECESSARY TO APPROPRIATELY
REVIEW EMERGENCY CONTRACTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
4. NOTWITHSTANDING SECTION TWENTY-NINE-A OF THE EXECUTIVE LAW, OR ANY
LAW TO THE CONTRARY, THE GOVERNOR SHALL NOT SUSPEND, ALTER OR MODIFY ANY
OF THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.