STATE OF NEW YORK ________________________________________________________________________ 2219 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. Paragraph (a) of subdivision 2 of section 112 of the state 2 finance law, as amended by a chapter of the laws of 2022, amending the 3 state finance law and the education law relating to restoring oversight 4 of certain contracts by the comptroller, as proposed in legislative 5 bills numbers S. 6809-A and A. 7925-A, is amended to read as follows: 6 (a) (i) Before any contract: (1) made for or by any state agency, 7 department, board, officer, commission, or institution, except the 8 office of general services or its customer agencies serviced by the 9 office of general services business services center, shall be executed 10 or become effective, whenever such contract exceeds fifty thousand 11 dollars in amount [and before any contract], it shall first be approved 12 by the office of the comptroller and filed in his or her office; (2) 13 made for or by the office of general services, whether for itself or for 14 its customer agencies serviced by the office of general services busi- 15 ness services center, shall be executed or become effective, whenever 16 such contract exceeds eighty-five thousand dollars in amount, it shall 17 first be approved by the comptroller and filed in his or her office; or 18 (3) established as a centralized contract through the office of general 19 services shall be executed or become effective, whenever such contract 20 exceeds one hundred twenty-five thousand dollars in amount, it shall 21 first be approved by the comptroller and filed in his or her office; 22 provided, however, before any purchase order or other procurement trans- 23 action issued under such centralized contract, which exceeds two hundred 24 thousand dollars in amount shall be executed or become effective, it 25 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 1 office. Provided, further, however, that with the exception of contracts 2 identified in subparagraph (ii) of this paragraph the comptroller shall 3 make a final written determination with respect to approval of such 4 contract within ninety days of the submission of such contract to his or 5 her office unless the comptroller shall notify, in writing, the state 6 agency, department, board, officer, commission, or institution, prior to 7 the expiration of the ninety day period, and for good cause, of the need 8 for an extension of not more than fifteen days, or a reasonable period 9 of time agreed to by such state agency, department, board, officer, 10 commission, or institution and provided, further, that such written 11 determination or extension shall be made part of the procurement record 12 pursuant to paragraph f of subdivision one of section one hundred 13 sixty-three of this chapter. 14 (ii) Before any contract established as a centralized contract through 15 the office of general services, as provided for in item three of subpar- 16 agraph (i) of this paragraph, or any contract made in accordance with 17 subdivision five, six or paragraph b of subdivision sixteen of section 18 three hundred fifty-five of the education law, section three hundred 19 seventy-three of the education law, section sixty-two hundred eighteen 20 of the education law, or section sixty-two hundred seventy-five of the 21 education law, shall be executed or become effective, such contract 22 shall first be approved by the comptroller and filed in his or her 23 office. Provided, however, that the comptroller shall make a final 24 written determination with respect to approval of such contract within 25 seventy-five days of the submission of such contract to his or her 26 office unless the comptroller shall notify, in writing, the state agen- 27 cy, department, board, officer, commission, or institution, prior to the 28 expiration of the seventy-five day period, and for good cause, of the 29 need for an extension of not more than fifteen days, or a reasonable 30 period of time agreed to by such state agency, department, board, offi- 31 cer, commission, or institution and provided, further, that such written 32 determination or extension shall be made part of the procurement record 33 pursuant to paragraph f of subdivision one of section one hundred 34 sixty-three of this chapter. 35 § 2. Paragraph a of subdivision 5 of section 355 of the education law, 36 as added by a chapter of the laws of 2022, amending the state finance 37 law and the education law relating to restoring oversight of certain 38 contracts by the comptroller, as proposed in legislative bills numbers 39 S. 6809-A and A. 7925-A, is amended to read as follows: 40 a. (i) purchase materials, proprietary electronic information 41 resources including but not limited to academic, professional, and 42 industry journals, reference handbooks and manuals, research tracking 43 tools, indexes and abstracts; and equipment and supplies, including 44 computer equipment and motor vehicles, where the amount for a single 45 purchase does not exceed [fifty] seventy-five thousand dollars, (ii) 46 execute contracts for services and construction contracts to an amount 47 not exceeding [fifty] seventy-five thousand dollars, and (iii) contract 48 for printing to an amount not exceeding [fifty] seventy-five thousand 49 dollars, without prior approval by any other state officer or agency, 50 but subject to rules and regulations of the state comptroller not other- 51 wise inconsistent with the provisions of this section and in accordance 52 with the guidelines promulgated by the state university board of trus- 53 tees after consultation with the state comptroller. In addition, the 54 trustees, after consultation with the commissioner of general services, 55 are authorized to annually negotiate with the state comptroller 56 increases in the aforementioned dollar limits and the exemption of any
S. 2219 3 1 articles, categories of articles, services, or commodities from these 2 limits; 3 § 3. Items (A) and (B) of subparagraph (i) of paragraph b of subdivi- 4 sion 16 of section 355 of the education law, as added by a chapter of 5 the laws of 2022, amending the state finance law and the education law 6 relating to restoring oversight of certain contracts by the comptroller, 7 as proposed in legislative bills numbers S. 6809-A and A. 7925-A, are 8 amended to read as follows: 9 (A) for any contract which does not exceed [seventy-five] one hundred 10 fifty thousand dollars; or 11 (B) for joint or group purchasing arrangements which do not exceed 12 [seventy-five] one hundred fifty thousand dollars without prior approval 13 by any other state officer or agency in accordance with procedures and 14 requirements found in paragraph a of subdivision five of this section. 15 § 4. Subdivision 12 of section 373 of the education law, as added by a 16 chapter of the laws of 2022, amending the state finance law and the 17 education law relating to restoring oversight of certain contracts by 18 the comptroller, as proposed in legislative bills numbers S. 6809-A and 19 A. 7925-A, is amended to read as follows: 20 12. To make and execute contracts, lease agreements, and all other 21 instruments necessary or convenient for the exercise of its corporate 22 powers and the fulfillment of its corporate purposes under this article 23 to an amount not exceeding seventy-five thousand dollars without prior 24 approval by any other state officer or agency; notwithstanding the fore- 25 going, all contracts, lease agreements, and all other instruments 26 exceeding seventy-five thousand dollars in amount shall be subject to 27 section one hundred twelve of the state finance law; 28 § 5. Subdivision a of section 6218 of the education law, as added by a 29 chapter of the laws of 2022, amending the state finance law and the 30 education law relating to restoring oversight of certain contracts by 31 the comptroller, as proposed in legislative bills numbers S. 6809-A and 32 A. 7925-A, is amended to read as follows: 33 a. Notwithstanding the provisions of subdivision two of section one 34 hundred twelve and sections one hundred fifteen, one hundred sixty-one 35 and one hundred sixty-three of the state finance law and section three 36 of the New York state printing and public documents law or any other law 37 to the contrary, the city university trustees are authorized and 38 empowered to: 39 (i) purchase materials; proprietary electronic information resources, 40 including, but not limited to, academic, professional and industry jour- 41 nals, reference handbooks and manuals, research tracking tools, indexes 42 and abstracts; and equipment and supplies, including computer equipment 43 and motor vehicles, where the amount for a single purchase does not 44 exceed [fifty] seventy-five thousand dollars, (ii) execute contracts for 45 services and construction contracts to an amount not exceeding [fifty] 46 seventy-five thousand dollars, and (iii) contract for printing to an 47 amount not exceeding [fifty] seventy-five thousand dollars, without 48 prior approval by any other state officer or agency, but subject to 49 rules and regulations of the state comptroller not otherwise inconsist- 50 ent with the provisions of this section and in accordance with the 51 guidelines promulgated by the city university board of trustees after 52 consultation with the state comptroller. In addition, the trustees are 53 authorized to annually negotiate with the state comptroller increases in 54 the aforementioned dollar limits and the exemption of any articles, 55 categories of articles, services, or commodities from these limits. 56 Guidelines promulgated by the city university board of trustees shall,
S. 2219 4 1 to the extent practicable, require that competitive proposals be solic- 2 ited for purchases, and shall include requirements that purchases and 3 contracts authorized under this section be at the lowest available 4 price. 5 § 6. Subdivision 9 of section 6275 of the education law, as amended by 6 chapter 332 of the laws of 1975, is amended to read as follows: 7 (9) to make and execute contracts, leases, subleases and all other 8 instruments or agreements necessary or convenient for the exercise of 9 its corporate powers and purposes to an amount not exceeding seventy- 10 five thousand dollars without prior approval by any other state officer 11 or agency; notwithstanding the foregoing, all contracts, leases, 12 subleases, and all other instruments or agreements exceeding seventy- 13 five thousand dollars in amount shall be subject to section one hundred 14 twelve of the state finance law; 15 § 7. This act shall take effect on the same date and in the same 16 manner as a chapter of the laws of 2022, amending the state finance law 17 and the education law relating to restoring oversight of certain 18 contracts by the comptroller, as proposed in legislative bills numbers 19 S. 6809-A and A. 7925-A, takes effect.