S2569-2013 Actions

• Apr 30, 2013: REPORTED AND COMMITTED TO FINANCE
• Feb 1, 2013: COMMITTEE DISCHARGED AND COMMITTED TO INFRASTRUCTURE AND CAPITAL INVESTMENT
• Jan 22, 2013: REFERRED TO FINANCE

S2569-2013 Meetings

S2569-2013 Votes

S2569-2013 Memo

BILL NUMBER:S2569

TITLE OF BILL:
An act
relating to
the procurement process of homeland security related goods
and services and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:
This bill expedites the procurement process for homeland security
goods and services by, exempting from the State Comptroller's
pre-audit process, homeland security purchases made by state and
local units of government that are paid for or reimbursed by federal
funds awarded by the U.S. Department of Homeland Security.

SUMMARY OF PROVISIONS:

Section One - Provides for the exemption from the State Comptroller's
pre-audit process, homeland security purchases made by state and
local units of government that are paid for or reimbursed by federal
funds awarded by the U.S. Department of Homeland Security, providing
that such purchases are from the approved expenditure list as
outlined in the federal grant guidance and subject to the approval of
the state administrative agency administering the federal homeland
security funds.

State or local units of government making homeland security purchases
must submit for the procurement record a statement of justification
that articulates the form, function and utility of the contract
selected, and an indication as to why such contract is a best value
for the state. All such procurement records shall be subject to both
state and federal audit.

Homeland security procurement contracts may be exempt from advertising
in the procurement opportunities newsletter providing that homeland
security procurement contract solicitations be conspicuously
advertised on either the requisite state agency website or the office
of general services website.

Section Two - This act shall take effect immediately.

JUSTIFICATION:
A Task Force assembled by the U.S. Department of Homeland Security to
analyze the federal funding process has issued a variety of
recommendations on what can be done to improve the flow of homeland
security funds and to expedite the purchase of homeland security
goods and services. One such recommendation is to alter state and
local procurement procedures so that federal homeland security funds
can be used in a more timely fashion.

The State Comptroller's pre-audit of homeland security purchases made
with federal funds only serves to slow the procurement process as
approval often takes several months. Federal Homeland Security funds
are already subject to substantial pre-purchase screening, internal
controls and regular reporting requirements to the federal


government. In addition, all funds are subject to traditional audit
by the State Comptroller, the U.S. Department of Homeland Security
and the Government Accountability Office. This bill seeks to remove
an administrative obstacle and empower state and local homeland
security officials to
quickly purchase the equipment, goods and services needed to prevent,
prepare for and respond to acts of terrorism.

LEGISLATIVE HISTORY:
5/10/11 Reported and Committed to Finance
6/6/12 Reported and Committed to Finance

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

S2569-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2569
 2013-2014 Regular Sessions
 I N  SENATE
 January 22, 2013
 
 Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
 printed to be committed to the Committee on Finance
 

AN ACT relating to the procurement process of homeland security  related
 goods  and  services  and  providing for the repeal of such provisions
 upon expiration thereof
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Homeland  security  procurement.   1. Notwithstanding the
 provisions of any law, regulation or executive order  to  the  contrary,
 any  purchase by the state or by a state agency or local government unit
 of commodities, services, including technology to conform to article  11
 of  the state finance law, that is related to homeland security and paid
 for or reimbursed by federal funds awarded by  the  U.S.  department  of
 homeland  security  shall  be  exempt  from pre-audit by the state comp
 troller as outlined in section 112 of the state finance law.
 2. All homeland security commodities, services,  including  technology
 to  conform  to  article  11 of the state finance law, shall be from the
 approved list of expenditures as outlined in federal grant guidance  and
 be  subject  to the approval of the state administrative agency adminis
 tering the federal homeland security funds.
 3. Any state agency or local unit of  government  purchasing  homeland
 security commodities, services, including technology to conform to arti
 cle  11 of the state finance law, must submit for the procurement record
 a statement of justification that articulates  the  form,  function  and
 utility  of  the  contract  selected,  and  an indication as to why such
 contract is a best value for the state.  All  such  procurement  records
 shall be subject to both state and federal audit.
 4.  Homeland  security procurement contracts may be exempt from adver
 tising in the procurement opportunities newsletter providing that  home
 land security procurement contract solicitations be conspicuously adver
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07276-01-3
 
       S. 2569                             2
 tised  on  either  the  requisite  state agency website or the office of
 general services website.
 

S  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed 2 years after such date.

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