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.