S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2219
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the state finance law and the education law, in relation
   to the oversight of certain contracts by the comptroller
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 2 of section 112 of the state
 finance law, as amended by a chapter of the laws of 2022,  amending  the
 state  finance law and the education law relating to restoring oversight
 of certain contracts by the  comptroller,  as  proposed  in  legislative
 bills numbers S. 6809-A and A. 7925-A, is amended to read as follows:
   (a)  (I)  Before  any  contract:  (1) made for or by any state agency,
 department, board,  officer,  commission,  or  institution,  except  the
 office  of  general  services  or  its customer agencies serviced by the
 office of general services business services center, shall  be  executed
 or  become  effective,  whenever  such  contract  exceeds fifty thousand
 dollars in amount [and before any contract], IT SHALL FIRST BE  APPROVED
 BY  THE  OFFICE  OF  THE COMPTROLLER AND FILED IN HIS OR HER OFFICE; (2)
 made for or by the office of general services, whether for itself or for
 its customer agencies serviced by the office of general  services  busi-
 ness  services  center,  shall be executed or become effective, whenever
 such contract exceeds eighty-five thousand dollars in amount,  IT  SHALL
 FIRST  BE APPROVED BY THE COMPTROLLER AND FILED IN HIS OR HER OFFICE; OR
 (3) ESTABLISHED AS A CENTRALIZED CONTRACT THROUGH THE OFFICE OF  GENERAL
 SERVICES  SHALL  BE EXECUTED OR BECOME EFFECTIVE, WHENEVER SUCH CONTRACT
 EXCEEDS ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS  IN  AMOUNT,  it  shall
 first  be  approved  by  the comptroller and filed in his or her office;
 PROVIDED, HOWEVER, BEFORE ANY PURCHASE ORDER OR OTHER PROCUREMENT TRANS-
 ACTION ISSUED UNDER SUCH CENTRALIZED CONTRACT, WHICH EXCEEDS TWO HUNDRED
 THOUSAND DOLLARS IN AMOUNT SHALL BE EXECUTED  OR  BECOME  EFFECTIVE,  IT
 SHALL  FIRST  BE  APPROVED  BY  THE  COMPTROLLER AND FILED IN HIS OR HER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04224-01-3
              

 S. 2219                             2
 
 OFFICE. Provided, FURTHER, however, that WITH the EXCEPTION OF CONTRACTS
 IDENTIFIED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH THE comptroller  shall
 make  a  final  written  determination  with respect to approval of such
 contract within ninety days of the submission of such contract to his or
 her  office  unless  the comptroller shall notify, in writing, the state
 agency, department, board, officer, commission, or institution, prior to
 the expiration of the ninety day period, and for good cause, of the need
 for an extension of not more than fifteen days, or a  reasonable  period
 of  time  agreed  to  by  such state agency, department, board, officer,
 commission, or institution and  provided,  further,  that  such  written
 determination  or extension shall be made part of the procurement record
 pursuant to paragraph f  of  subdivision  one  of  section  one  hundred
 sixty-three of this chapter.
   (II) BEFORE ANY CONTRACT ESTABLISHED AS A CENTRALIZED CONTRACT THROUGH
 THE OFFICE OF GENERAL SERVICES, AS PROVIDED FOR IN ITEM THREE OF SUBPAR-
 AGRAPH  (I)  OF  THIS PARAGRAPH, OR ANY CONTRACT MADE IN ACCORDANCE WITH
 SUBDIVISION FIVE, SIX OR PARAGRAPH B OF SUBDIVISION SIXTEEN  OF  SECTION
 THREE  HUNDRED  FIFTY-FIVE  OF  THE EDUCATION LAW, SECTION THREE HUNDRED
 SEVENTY-THREE OF THE EDUCATION LAW, SECTION SIXTY-TWO  HUNDRED  EIGHTEEN
 OF  THE  EDUCATION LAW, OR SECTION SIXTY-TWO HUNDRED SEVENTY-FIVE OF THE
 EDUCATION LAW, SHALL BE EXECUTED  OR  BECOME  EFFECTIVE,  SUCH  CONTRACT
 SHALL  FIRST  BE  APPROVED  BY  THE  COMPTROLLER AND FILED IN HIS OR HER
 OFFICE.   PROVIDED, HOWEVER, THAT THE COMPTROLLER  SHALL  MAKE  A  FINAL
 WRITTEN  DETERMINATION  WITH RESPECT TO APPROVAL OF SUCH CONTRACT WITHIN
 SEVENTY-FIVE DAYS OF THE SUBMISSION OF  SUCH  CONTRACT  TO  HIS  OR  HER
 OFFICE  UNLESS THE COMPTROLLER SHALL NOTIFY, IN WRITING, THE STATE AGEN-
 CY, DEPARTMENT, BOARD, OFFICER, COMMISSION, OR INSTITUTION, PRIOR TO THE
 EXPIRATION OF THE SEVENTY-FIVE DAY PERIOD, AND FOR GOOD  CAUSE,  OF  THE
 NEED  FOR  AN  EXTENSION  OF NOT MORE THAN FIFTEEN DAYS, OR A REASONABLE
 PERIOD OF TIME AGREED TO BY SUCH STATE AGENCY, DEPARTMENT, BOARD,  OFFI-
 CER, COMMISSION, OR INSTITUTION AND PROVIDED, FURTHER, THAT SUCH WRITTEN
 DETERMINATION  OR EXTENSION SHALL BE MADE PART OF THE PROCUREMENT RECORD
 PURSUANT TO PARAGRAPH F  OF  SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED
 SIXTY-THREE OF THIS CHAPTER.
   § 2. Paragraph a of subdivision 5 of section 355 of the education law,
 as  added  by  a chapter of the laws of 2022, amending the state finance
 law and the education law relating to  restoring  oversight  of  certain
 contracts  by  the comptroller, as proposed in legislative bills numbers
 S. 6809-A and A. 7925-A, is amended to read as follows:
   a.  (i)  purchase  materials,   proprietary   electronic   information
 resources  including  but  not  limited  to  academic, professional, and
 industry journals, reference handbooks and  manuals,  research  tracking
 tools,  indexes  and  abstracts;  AND  equipment and supplies, including
 computer equipment and motor vehicles, where the  amount  for  a  single
 purchase  does  not  exceed  [fifty] SEVENTY-FIVE thousand dollars, (ii)
 execute contracts for services and construction contracts to  an  amount
 not  exceeding [fifty] SEVENTY-FIVE thousand dollars, and (iii) contract
 for printing to an amount not exceeding  [fifty]  SEVENTY-FIVE  thousand
 dollars,  without  prior  approval by any other state officer or agency,
 but subject to rules and regulations of the state comptroller not other-
 wise inconsistent with the provisions of this section and in  accordance
 with  the  guidelines promulgated by the state university board of trus-
 tees after consultation with the state  comptroller.  In  addition,  the
 trustees,  after consultation with the commissioner of general services,
 are  authorized  to  annually  negotiate  with  the  state   comptroller
 increases  in  the aforementioned dollar limits and the exemption of any
 S. 2219                             3

 articles, categories of articles, services, or  commodities  from  these
 limits;
   §  3. Items (A) and (B) of subparagraph (i) of paragraph b of subdivi-
 sion 16 of section 355 of the education law, as added by  a  chapter  of
 the  laws  of 2022, amending the state finance law and the education law
 relating to restoring oversight of certain contracts by the comptroller,
 as proposed in legislative bills numbers S. 6809-A and  A.  7925-A,  are
 amended to read as follows:
   (A)  for any contract which does not exceed [seventy-five] ONE HUNDRED
 FIFTY thousand dollars; or
   (B) for joint or group purchasing arrangements  which  do  not  exceed
 [seventy-five] ONE HUNDRED FIFTY thousand dollars without prior approval
 by  any  other state officer or agency in accordance with procedures and
 requirements found in paragraph a of subdivision five of this section.
   § 4. Subdivision 12 of section 373 of the education law, as added by a
 chapter of the laws of 2022, amending the  state  finance  law  and  the
 education  law  relating  to restoring oversight of certain contracts by
 the comptroller, as proposed in legislative bills numbers S. 6809-A  and
 A. 7925-A, is amended to read as follows:
   12.  To  make  and  execute contracts, lease agreements, and all other
 instruments necessary or convenient for the exercise  of  its  corporate
 powers  and the fulfillment of its corporate purposes under this article
 TO AN AMOUNT NOT EXCEEDING SEVENTY-FIVE THOUSAND DOLLARS  WITHOUT  PRIOR
 APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY; NOTWITHSTANDING THE FORE-
 GOING,  ALL  CONTRACTS,  LEASE  AGREEMENTS,  AND  ALL  OTHER INSTRUMENTS
 EXCEEDING SEVENTY-FIVE THOUSAND DOLLARS IN AMOUNT SHALL  BE  SUBJECT  TO
 SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW;
   § 5. Subdivision a of section 6218 of the education law, as added by a
 chapter  of  the  laws  of  2022, amending the state finance law and the
 education law relating to restoring oversight of  certain  contracts  by
 the  comptroller, as proposed in legislative bills numbers S. 6809-A and
 A. 7925-A, is amended to read as follows:
   a. Notwithstanding the provisions of subdivision two  of  section  one
 hundred  twelve  and sections one hundred fifteen, one hundred sixty-one
 and one hundred sixty-three of the state finance law and  section  three
 of the New York state printing and public documents law or any other law
 to  the  contrary,  the  city  university  trustees  are  authorized and
 empowered to:
   (i) purchase materials; proprietary electronic information  resources,
 including, but not limited to, academic, professional and industry jour-
 nals,  reference handbooks and manuals, research tracking tools, indexes
 and abstracts; and equipment and supplies, including computer  equipment
 and  motor  vehicles,  where  the  amount for a single purchase does not
 exceed [fifty] SEVENTY-FIVE thousand dollars, (ii) execute contracts for
 services AND CONSTRUCTION CONTRACTS to an amount not  exceeding  [fifty]
 SEVENTY-FIVE  thousand  dollars,  and  (iii) contract for printing to an
 amount not exceeding  [fifty]  SEVENTY-FIVE  thousand  dollars,  without
 prior  approval  by  any  other  state officer or agency, but subject to
 rules and regulations of the state comptroller not otherwise  inconsist-
 ent  with  the  provisions  of  this  section and in accordance with the
 guidelines promulgated by the city university board  of  trustees  after
 consultation  with  the state comptroller. In addition, the trustees are
 authorized to annually negotiate with the state comptroller increases in
 the aforementioned dollar limits and  the  exemption  of  any  articles,
 categories  of  articles,  services,  or  commodities from these limits.
 Guidelines promulgated by the city university board of  trustees  shall,
 S. 2219                             4
 
 to  the extent practicable, require that competitive proposals be solic-
 ited for purchases, and shall include requirements  that  purchases  and
 contracts  authorized  under  this  section  be  at the lowest available
 price.
   § 6. Subdivision 9 of section 6275 of the education law, as amended by
 chapter 332 of the laws of 1975, is amended to read as follows:
   (9)  to  make  and  execute contracts, leases, subleases and all other
 instruments or agreements necessary or convenient for  the  exercise  of
 its  corporate  powers  and purposes TO AN AMOUNT NOT EXCEEDING SEVENTY-
 FIVE THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER STATE  OFFICER
 OR   AGENCY;  NOTWITHSTANDING  THE  FOREGOING,  ALL  CONTRACTS,  LEASES,
 SUBLEASES, AND ALL OTHER INSTRUMENTS OR  AGREEMENTS  EXCEEDING  SEVENTY-
 FIVE  THOUSAND DOLLARS IN AMOUNT SHALL BE SUBJECT TO SECTION ONE HUNDRED
 TWELVE OF THE STATE FINANCE LAW;
   § 7. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2022, amending the state finance law
 and the  education  law  relating  to  restoring  oversight  of  certain
 contracts  by  the comptroller, as proposed in legislative bills numbers
 S. 6809-A and A. 7925-A, takes effect.