NY State Senate Bill 2023-S6941

Senate Bill S6941

2023-2024 Legislative Session

Requires the public posting of certain contracts otherwise subject to prior approval of the comptroller

download bill text pdf

Current Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2023	returned to senate passed assembly ordered to third reading rules cal.737 substituted for a7404
Jun 05, 2023	referred to ways and means delivered to assembly passed senate
May 30, 2023	ordered to third reading cal.1404 committee discharged and committed to rules
May 22, 2023	reported and committed to finance
May 16, 2023	referred to procurement and contracts

Votes

- Jun 7, 2023 - Floor Vote
  S6941
  
  53
  
  Aye
  
  8
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (53)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      Weber
      
      nay (8)
      
      Canzoneri-Fitzpatrick
      
      Griffo
      
      Martinez
      
      Oberacker
      
      Persaud
      
      Tedisco
      
      Walczyk
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  May 30, 2023 - Rules Committee Vote
  S6941
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 30, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Lanza

2023-S6941 (ACTIVE) - Details

See Assembly Version of this Bill:: A7404
Law Section:: State Finance Law
Laws Affected:: Add §149, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: S6941, A7404

2023-S6941 (ACTIVE) - Summary

Requires the public posting of certain contracts otherwise subject to prior approval of the comptroller.

2023-S6941 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6941

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the state finance law, in relation to requiring the
public posting of certain contracts otherwise subject to prior approval
of the comptroller

 
PURPOSE:

This legislation amends the State Finance Law to require all current and
future exempted and emergency State contracts to be publicly posted.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the State Finance Law by adding a new
section 149 to provide the following:

State Finance Law section 149 (1) provides definitions for "emergency
contracts" and "exempted contracts" as they are used in this section.

State Finance Law section 149 (2) requires that all emergency and
exempted contracts be publicly posted by the contracting entity. Each
contract shall be published with:

* the relevant emergency declaration or provision suspending or exempt-
ing prior Comptroller review;

* a brief description of the contract, including, the amount of the
contract, the name of the vendor(s), the contract term, what is being
provided by the contract, and if the contract is an emergency contract,
a statement explaining how the contract relates to the declared state
disaster emergency; and

* a statement explaining whether the contract was chosen on a compet-
itive basis, and if not, an explanation why a competitive process was
not undertaken.

State Finance Law section 149 (3) requires that any emergency or
exempted contract still in effect at the time of this bill's effective
date be publicly posted.

State Finance Law section 149 (4) provides that this section cannot be
suspended, modified, or altered by the governor during a state disaster
emergency pursuant to section twenty-nine-a of the executive law.

Section 2 of this bill provides for an effective date.

 
JUSTIFICATION:

Providing independent review and oversight of State entity contracts is
a core function of the Office of the State Comptroller. OSC oversight
promotes transparency, enhances accountability and protects taxpayers,
agencies, not-for-profit organizations and vendors contracting with the
State by validating that a contract's costs are reasonable, its terms
are favorable to the State, and a level playing field existed for all
bidders.

Over the last decade, it has become common practice to exempt certain
contracts from OSC review and approval through Executive and Legislative
actions. This bill intends to restore transparency and shine a light on
contracts that have been exempted from OSC review and approval by
requiring the State entity to publicly post any such contracts executed
under a Legislative exemption or pursuant to an Executive exemption,
such as a state disaster emergency. This bill also requires the State
agency or State authority to note the Executive action or Legislative
action that exempted such contract, and to provide a brief description
of the contract.

This effort would improve transparency in the State government contract-
ing process and increase accountability in State government.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill will take effect on the thirtieth day after it has become law.

2023-S6941 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6941
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- (at request of the State Comptroller) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Procurement and Contracts
 
 AN  ACT  to  amend  the  state finance law, in relation to requiring the
   public  posting  of  certain  contracts  otherwise  subject  to  prior
   approval of the comptroller
 
   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
 149 to read as follows:
   §  149.  CERTAIN  CONTRACTS  TO BE PUBLICLY POSTED. 1. FOR PURPOSES OF
 THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (A) "EMERGENCY CONTRACT" SHALL MEAN:
   (I) ANY CONTRACT OTHERWISE SUBJECT TO  PRIOR  APPROVAL  BY  THE  COMP-
 TROLLER PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, WHICH IS
 EXECUTED  OR MADE EFFECTIVE IN ACCORDANCE WITH AN EXECUTIVE ORDER OF THE
 GOVERNOR TEMPORARILY SUSPENDING SUCH LAW, OR ANY PART THEREOF,  PURSUANT
 TO  HIS  OR  HER  AUTHORITY UNDER SECTION TWENTY-NINE-A OF THE EXECUTIVE
 LAW; AND
   (II) ANY CONTRACT OTHERWISE ELIGIBLE FOR PRIOR APPROVAL BY  THE  COMP-
 TROLLER PURSUANT TO ANY PROVISION OF LAW, INCLUDING SECTION TWENTY-EIGHT
 HUNDRED  SEVENTY-NINE-A OF THE PUBLIC AUTHORITIES LAW, WHICH IS EXECUTED
 OR MADE EFFECTIVE IN ACCORDANCE WITH AN EXECUTIVE ORDER OF THE  GOVERNOR
 TEMPORARILY SUSPENDING SUCH LAW, OR ANY PART THEREOF, PURSUANT TO HIS OR
 HER AUTHORITY UNDER SECTION TWENTY-NINE-A OF THE EXECUTIVE LAW.
   (B) "EXEMPTED CONTRACT" SHALL MEAN:
   (I)  ANY  CONTRACT  OTHERWISE  SUBJECT  TO PRIOR APPROVAL BY THE COMP-
 TROLLER PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, WHICH IS
 EXECUTED OR MADE EFFECTIVE IN  ACCORDANCE  WITH  ANY  PROVISION  OF  LAW
 EXPRESSLY  AND  SPECIFICALLY SUSPENDING THE PROVISIONS OF, EXEMPTING, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10212-01-3
 S. 6941                             2

 
 OTHERWISE NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, OR
 ANY PART THEREOF; AND
   (II)  ANY  CONTRACT OTHERWISE ELIGIBLE FOR PRIOR APPROVAL BY THE COMP-
 TROLLER PURSUANT TO ANY PROVISION OF LAW, INCLUDING SECTION TWENTY-EIGHT
 HUNDRED SEVENTY-NINE-A OF THE PUBLIC AUTHORITIES LAW, WHICH IS  EXECUTED
 OR MADE EFFECTIVE IN ACCORDANCE WITH ANY PROVISION OF LAW SUSPENDING THE
 PROVISIONS  OF, EXEMPTING, OR OTHERWISE NOTWITHSTANDING SUCH LAW, OR ANY
 PART THEREOF.
   2. WITHIN THIRTY DAYS FOLLOWING THE EXECUTION OF AN EMERGENCY CONTRACT
 OR AN EXEMPTED CONTRACT, SUCH STATE AGENCY, DEPARTMENT, BOARD,  OFFICER,
 COMMISSION,  STATE AUTHORITY, OR INSTITUTION SHALL POST ON THE CONTRACT-
 ING ENTITY'S PUBLIC WEBSITE, THE EMERGENCY CONTRACT OR EXEMPTED CONTRACT
 AS WELL AS THE FOLLOWING INFORMATION:
   (A) IF THE CONTRACT IS AN EMERGENCY CONTRACT, THE  EMERGENCY  DECLARA-
 TION  THAT SUCH CONTRACT PERTAINS TO AND, IF THE CONTRACT IS AN EXEMPTED
 CONTRACT, THE PROVISION OF LAW SUSPENDED OR EXEMPTED;
   (B) A BRIEF DESCRIPTION OF THE CONTRACT, INCLUDING: (I) THE AMOUNT  OF
 THE CONTRACT; (II) THE NAME OF THE VENDOR OR VENDORS; (III) THE CONTRACT
 TERM;  (IV)  WHAT  IS  BEING  PROVIDED  BY  THE CONTRACT; AND (V) IF THE
 CONTRACT IS AN  EMERGENCY  CONTRACT,  A  STATEMENT  EXPLAINING  HOW  THE
 CONTRACT RELATES TO THE DECLARED STATE DISASTER EMERGENCY; AND
   (C)  WHETHER  THE  CONTRACT WAS AWARDED BASED ON A COMPETITIVE PROCESS
 AND, IF NOT AWARDED PURSUANT TO A COMPETITIVE PROCESS, AN EXPLANATION OF
 WHY A COMPETITIVE PROCESS WAS NOT UNDERTAKEN.
   3. ALL EMERGENCY CONTRACTS OR EXEMPTED CONTRACTS CURRENTLY  IN  EFFECT
 UPON  THE  EFFECTIVE  DATE  OF  THIS SECTION SHALL ALSO BE POSTED ON THE
 CONTRACTING ENTITY'S PUBLIC WEBSITE WITHIN THIRTY DAYS WITH THE INFORMA-
 TION REQUIRED IN SUBDIVISION TWO OF THIS SECTION.
   4. THE PROVISIONS OF THIS SECTION CANNOT BE  SUSPENDED,  MODIFIED,  OR
 ALTERED BY THE GOVERNOR'S AUTHORITY TO TEMPORARILY SUSPEND PROVISIONS OF
 LAW  DURING A STATE DISASTER EMERGENCY PURSUANT TO SECTION TWENTY-NINE-A
 OF THE EXECUTIVE LAW.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.