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S 2879. Procurement, PUBLIC WORK, CONSTRUCTION AND REVENUE contracts.
1. (A) Every [public] STATE authority [and public benefit corporation, a
majority of the members of which consist of persons either appointed by
the governor or who serve as members by virtue of holding a civil office
of the state, or a combination thereof, (such entities to be hereinafter
in this section referred to as "corporation")] shall adopt by resolution
comprehensive RULES OR guidelines which (I) detail the [corporation's]
STATE AUTHORITY'S operative policy and instructions regarding the use,
awarding, monitoring and reporting of procurement, PUBLIC WORK,
CONSTRUCTION AND REVENUE contracts[. Guidelines], AND (II) DESIGNATE A
CONTRACTING OFFICER WHO SHALL BE RESPONSIBLE FOR THE PUBLIC AUTHORITY'S
COMPLIANCE WITH, AND ENFORCEMENT OF, SUCH RULES OR GUIDELINES. SUCH
RULES OR GUIDELINES SHALL BE CONSISTENT WITH, AND SHALL REQUIRE A STATE
AUTHORITY'S CONTRACTING ACTIVITIES TO COMPLY WITH THE PROVISIONS OF THE
STATE FINANCE LAW OR ANY OTHER LAW APPLICABLE TO CONTRACTS OF THE STATE,
EXCEPT THAT SUCH RULES OR GUIDELINES MAY BE STRICTER THAN THE PROVISIONS
OF THE STATE FINANCE LAW OR OTHER LAW APPLICABLE TO STATE CONTRACTS IF A
STATE AUTHORITY DETERMINES THAT ADDITIONAL SAFEGUARDS ARE NECESSARY TO
ASSURE THE INTEGRITY OF ITS OPERATIONS. RULES OR GUIDELINES approved by
the [corporation] STATE AUTHORITY shall be annually reviewed and
approved by the [corporation.] GOVERNING BODY OF THE STATE AUTHORITY.
NOT MORE THAN NINETY DAYS AFTER THE CLOSE OF THE STATE AUTHORITY'S
FISCAL YEAR, THE STATE AUTHORITY SHALL FILE WITH THE COMPTROLLER A COPY
OF THE RULES OR GUIDELINES MOST RECENTLY REVIEWED AND APPROVED BY THE
STATE AUTHORITY, INCLUDING THE NAME OF THE STATE AUTHORITY'S DESIGNATED
CONTRACTING OFFICER. AT THE TIME OF FILING SUCH RULES OR GUIDELINES WITH
THE COMPTROLLER, EVERY STATE AUTHORITY SHALL ALSO POST SUCH RULES OR
GUIDELINES ON THE STATE AUTHORITY'S INTERNET WEBSITE. PROCUREMENT RULES
OR GUIDELINES POSTED ON THE STATE AUTHORITY'S INTERNET WEBSITE SHALL BE
MAINTAINED ON SUCH WEBSITE AT LEAST UNTIL THE PROCUREMENT RULES OR
GUIDELINES FOR THE FOLLOWING YEAR ARE POSTED ON SUCH WEBSITE.
(B) THE PROCUREMENT, PUBLIC WORK, CONSTRUCTION, AND REVENUE CONTRACTS
OF A STATE AUTHORITY SHALL BE SUBJECT TO PRIOR REVIEW AND APPROVAL BY
THE COMPTROLLER, IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DETER-
MINES THAT SUCH REVIEW AND APPROVAL SHALL BE REQUIRED. IF THE COMP-
TROLLER DETERMINES THAT ANY CONTRACT OR CATEGORY OF CONTRACTS OF A STATE
AUTHORITY OR CATEGORY OF STATE AUTHORITIES REQUIRES DIRECT SUPERVISION
IN THE FORM OF PRE-APPROVAL OF CONTRACTS AND THE COMPTROLLER SO NOTIFIES
ANY STATE AUTHORITY OF SUCH DETERMINATION, THEN NO SUCH CONTRACT OR
AGREEMENT BY SUCH STATE AUTHORITY SHALL BE A VALID ENFORCEABLE CONTRACT
UNLESS SUCH CONTRACT SHALL FIRST BE APPROVED BY THE COMPTROLLER. IN THE
EVENT THAT THE COMPTROLLER NOTIFIES ANY STATE AUTHORITY THAT APPROVAL
SHALL BE REQUIRED THEN THE STATE AUTHORITY SHALL (I) INCLUDE IN ALL SUCH
CONTRACTS A PROVISION INFORMING THE OTHER PARTIES TO SUCH CONTRACTS THAT
THE SAME ARE NOT VALID AND ENFORCEABLE WITHOUT THE COMPTROLLER'S
APPROVAL, AND (II) PUBLISH A NOTICE ON SUCH STATE AUTHORITY'S INTERNET
WEBSITE DISCLOSING THAT SUCH CONTRACTS SHALL NOT BE VALID AND ENFORCEA-
BLE WITHOUT THE COMPTROLLER'S APPROVAL. NOTHING IN THIS PARAGRAPH SHALL
BE DEEMED TO LIMIT THE COMPTROLLER'S EXISTING AUTHORITY TO SUPERVISE THE
ACCOUNTS OF PUBLIC AUTHORITIES.
2. For purposes of this section, procurement, PUBLIC WORK,
CONSTRUCTION OR REVENUE contracts shall mean any written agreement OF A
STATE AUTHORITY for the acquisition of goods or services of any kind OR
THE CONSTRUCTION OF A PROJECT OF ANY KIND, in the actual or estimated
[amount of five thousand dollars or more] AMOUNTS PROVIDED FOR CONTRACTS
OF THE STATE IN SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW.
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3. The RULES OR guidelines approved by [the corporation] EACH STATE
AUTHORITY shall include, but not be limited to the following:
(a) A description of the types of goods purchased OR THE TYPES OF
PROJECTS CONSTRUCTED, [and] for procurement contracts for services, a
description of those areas of responsibility and oversight requiring the
use of personal services and the reasons for the use of personal
services in such areas, AND FOR REVENUE CONTRACTS, A DESCRIPTION OF THE
TYPES OF CONSIDERATIONS GIVEN BY THE PUBLIC AUTHORITY, AND THE REVENUES
EXPECTED TO BE GENERATED.
(b) Requirements regarding the [selection of contractors] AWARD OF
CONTRACTS, which shall include provisions:
(i) for the [selection of such contractors] AWARD OF CONTRACTS on a
competitive basis, and provisions relating to the circumstances under
which the [board] GOVERNING BODY may by resolution waive competition,
BUT ONLY IF SUCH WAIVER WOULD BE PERMISSIBLE UNDER THE LIMITED CIRCUM-
STANCES PERMITTED BY THE STATE FINANCE LAW, AND ONLY IF SUCH A WAIVER IS
APPROVED BY A TWO-THIRDS MAJORITY OF THE ENTIRE GOVERNING BODY OF THE
STATE AUTHORITY;
(ii) describing when the award of procurement, PUBLIC WORK,
CONSTRUCTION OR REVENUE contracts shall require approval of the [board]
GOVERNING BODY by resolution, provided that any contract involving
services to be rendered, A PROJECT TO BE CONSTRUCTED, OR CONSIDERATIONS
TO BE GIVEN over a period in excess of one year shall require the
approval of the [board] GOVERNING BODY by resolution and an annual
review of the contract by the [board] GOVERNING BODY;
(iii) setting forth responsibilities of contractors;
(iv) as used in this subparagraph, the term "professional firm" shall
be defined as any individual or sole proprietorship, partnership, corpo-
ration, association, or other legal entity permitted by law to practice
the professions of architecture, engineering or surveying.
[The corporation] A STATE AUTHORITY shall not refuse to negotiate with
a professional firm solely because the ratio of the "allowable indirect
costs" to direct labor costs of the professional firm or the hourly
labor rate in any labor category of the professional firm exceeds a
limitation generally set by the [corporation] STATE AUTHORITY in the
determination of the reasonableness of the estimated cost of services to
be rendered by the professional firm, but rather the [corporation] STATE
AUTHORITY should also consider the reasonableness of cost based on the
total estimated cost of the service of the professional firm which
should include, among other things, all the direct labor costs of the
professional firm for such services plus all "allowable indirect costs,"
other direct costs, and negotiated profit of the professional firm.
"Allowable indirect costs" of a professional firm are defined as those
costs generally associated with overhead which cannot be specifically
identified with a single project or contract and are considered reason-
able and allowable under specific state contract or allowability limits.
(c) An identification of those areas or types of contracts for which
minority or women-owned business enterprises may best bid so as to
promote and assist participation by such enterprises and facilitate a
fair share of the awarding of contracts to such enterprises. For the
purposes of this section, a minority business enterprise means any busi-
ness enterprise, including a sole proprietorship, partnership or corpo-
ration that is:
(i) at least fifty-one percent owned by one or more minority group
members or in the case of a publicly-owned business at least fifty-one
A. 4297 4
percent of the common stock or other voting interests of which is owned
by one or more minority group members;
(ii) an enterprise in which the minority ownership is real, substan-
tial and continuing;
(iii) an enterprise in which the minority ownership has and exercises
the authority to control independently the day-to-day business decisions
of the enterprise; and
(iv) an enterprise authorized to do business in New York state, inde-
pendently owned and operated, and not dominant in its field.
(d) For the purposes of this section, a minority group member means a
United States citizen or permanent resident alien who is and can demon-
strate membership in one of the following groups:
(i) Black persons having origins in any of the Black African racial
groups not of Hispanic origin;
(ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American of either Indian or Hispanic origin, regard-
less of race;
(iii) Asian and Pacific Islander persons having origins in any of the
Far East, Southeast Asia, the Indian sub-continent or the Pacific
Islands; or
(iv) Native American persons having origins in any of the original
peoples of North America.
(e) For the purposes of this section, a women-owned business enter-
prise means a business enterprise, including a sole proprietorship,
partnership or corporation which is:
(i) at least fifty-one percent owned by one or more United States
citizens or permanent resident aliens who are women or in the case of a
publicly-owned business at least fifty-one percent of the common stock
or other voting interests of which is owned by United States citizens or
permanent resident aliens who are women;
(ii) an enterprise in which the ownership interest of women is real,
substantial and continuing;
(iii) an enterprise in which the women ownership has and exercises the
authority to control independently the day-to-day business decisions of
the enterprise; and
(iv) an enterprise authorized to do business in New York state, inde-
pendently owned and operated, and not dominant in its field.
(f) A listing of the types of provisions to be contained in procure-
ment contracts, including provisions concerning the nature and monitor-
ing of the work to be performed, the use of corporate supplies and
facilities, the use of corporate personnel and any other provisions.
(g) Provisions regarding procurement contracts which involve former
officers or employees of the [corporation] STATE AUTHORITY.
(h) Procedures regarding procurement contracts which are exempt from
the publication requirements of article four-C of the economic develop-
ment law; PROVIDED THAT SUCH PROCEDURES SHALL NOT PERMIT ANY EXEMPTION
BEYOND THE EXEMPTIONS SPECIFICALLY PERMITTED BY ARTICLE FOUR-C OF THE
ECONOMIC DEVELOPMENT LAW.
(i) Policies to promote the participation by New York state business
enterprises and New York state residents in procurement contracts,
including, but not limited to:
(i) providing for the [corporation] STATE AUTHORITY to collect and to
consult the specifications of New York state business enterprises in
developing specifications for any procurement contract for the purchase
of goods where possible, practicable, feasible and consistent with open
bidding, except for procurement contracts for which the [corporation]
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STATE AUTHORITY would be expending funds received from another state.
The [corporation] STATE AUTHORITY shall, where feasible, make use of the
stock item specification forms prepared by the commissioner of general
services, and where necessary, consult with the commissioner of the
office of general services, in developing such specifications and make
such determinations; and
(ii) with the cooperation of the department of economic development
and through cooperative efforts with contractors, providing for the
notification of New York state business enterprises of opportunities to
participate as subcontractors and suppliers on procurement contracts let
by the [corporation] STATE AUTHORITY in an amount estimated to be equal
to or greater than one million dollars and promulgating procedures which
will assure compliance by contractors with such notification. Once
awarded the contract such contractors shall document their efforts to
encourage the participation of New York state business enterprises as
suppliers and subcontractors on procurement contracts equal to or great-
er than one million dollars. Documented efforts by a successful contrac-
tor shall consist of and be limited to showing that such contractor has
(a) solicited bids, in a timely and adequate manner, from New York state
business enterprises including certified minority and women-owned busi-
ness, or (b) contacted the New York state department of economic devel-
opment to obtain listings of New York state business enterprises, or (c)
placed notices for subcontractors and suppliers in newspapers, journals
and other trade publications distributed in New York state, or (d)
participated in bidder outreach conferences. If the contractor deter-
mines that New York state business enterprises are not available to
participate on the contract as subcontractors or suppliers, the contrac-
tor shall provide a statement indicating the method by which such deter-
mination was made. If the contractor does not intend to use subcontrac-
tors on the contract, the contractor shall provide a statement verifying
such intent; and
(iii) except for procurement contracts for which the [corporation]
STATE AUTHORITY would be expending funds received from another state,
the [corporation] STATE AUTHORITY shall include in all bid documents
provided to potential bidders a statement that information concerning
the availability of New York state subcontractors and suppliers is
available from the New York state department of economic development,
which shall include the directory of certified minority and women-owned
businesses, and it is the policy of New York state to encourage the use
of New York state subcontractors and suppliers, and to promote the
participation of minority and women-owned businesses where possible, in
the procurement of goods and services; and
(iv) with the cooperation of the community services division of the
department of labor and through cooperative efforts with contractors,
providing for the notification of New York state residents of employment
opportunities arising in New York state out of procurement contracts let
by the [corporation] STATE AUTHORITY in an amount estimated to be equal
to or greater than one million dollars; and promulgating procedures
which will assure compliance by contractors with such notification by
requiring contractors to submit post-award compliance reports document-
ing their efforts to provide such notification through listing any such
positions with the community services division, or providing for such
notification in such manner as is consistent with existing collective
bargaining contracts or agreements; and
(v) including in each set of documents soliciting bids on procurement
contracts to let by the [corporation] STATE AUTHORITY a statement noti-
A. 4297 6
fying potential bidders located in foreign countries that the [corpo-
ration] STATE AUTHORITY may assign or otherwise transfer offset credits
created by such procurement contract to third parties located in New
York state; providing for the assignment or other form of transfer of
offset credits created by such procurement contracts, directly or indi-
rectly, to third parties located in New York state, in accordance with
the written directions of the commissioner of economic development; and
providing for the [corporation] STATE AUTHORITY to otherwise cooperate
with the department of economic development in efforts to get foreign
countries to recognize offset credits assigned or transferred to third
parties located in New York state created by such procurement contracts;
and
(vi) promulgating procedures which will assure compliance with the
federal equal employment opportunity act of 1972 (P.L. 92-261), as
amended, by contractors of the [corporation] STATE AUTHORITY.
(j) For the purposes of this section, a "New York state business
enterprise" means a business enterprise, including a sole proprietor-
ship, partnership, or corporation, which offers for sale or lease or
other form of exchange, goods which are sought by the [corporation]
STATE AUTHORITY and which are substantially manufactured, produced or
assembled in New York state, or services which are sought by the [corpo-
ration] STATE AUTHORITY and which are substantially performed within New
York state.
(k) For the purposes of this section, a "New York resident" means a
natural person who maintains a fixed, permanent and principal home
located within New York state and to which such person, whenever tempo-
rarily located, always intends to return.
4. Each [corporation] STATE AUTHORITY shall have the power from time
to time to amend such procurement, PUBLIC WORK, CONSTRUCTION AND REVENUE
contract RULES OR guidelines in accordance with the provisions of this
section.
5. (a) Each [corporation] STATE AUTHORITY shall notify the commission-
er of economic development of the award of a procurement, PUBLIC WORK,
CONSTRUCTION OR REVENUE contract for the purchase of goods or services
from a foreign business enterprise in an amount equal to or greater than
one million dollars simultaneously with notifying the successful bidder
therefor. No [corporation] STATE AUTHORITY shall thereafter enter into a
procurement, PUBLIC WORK, CONSTRUCTION OR REVENUE contract for said
goods or services until at least fifteen days has elapsed, except for
procurement contracts awarded on an emergency or critical basis, or
where the commissioner of economic development waives the provisions of
this sentence. The notification to the commissioner of economic develop-
ment shall include the name, address and telephone and facsimile number
of the foreign business enterprise, a brief description of the goods or
services to be obtained pursuant to the proposed procurement contract,
the amount of the proposed procurement contract, the term of the
proposed procurement, PUBLIC WORK, CONSTRUCTION OR REVENUE contract, and
the name of the individual at the foreign business enterprise or acting
on behalf of the same who is principally responsible for the proposed
procurement, PUBLIC WORK, CONSTRUCTION OR REVENUE contract. Such notifi-
cation shall be used by the commissioner of economic development solely
to provide notification to New York state business enterprises of oppor-
tunities to participate as subcontractors and suppliers on such procure-
ment, PUBLIC WORK, CONSTRUCTION OR REVENUE contracts, to promote and
encourage the location and development of new business in the state, to
assist New York state business enterprises in obtaining offset credits
A. 4297 7
from foreign countries, and to otherwise investigate, study and under-
take means of promoting and encouraging the prosperous development and
protection of the legitimate interest and welfare of New York state
business enterprises, industry and commerce.
(b) As used in this section, the following terms shall have the
following meanings, unless a different meaning appears from the context:
(i) "Foreign business enterprise" shall mean a business enterprise,
including a sole proprietorship, partnership or corporation, which
offers for sale, lease or other form of exchange, goods which are sought
by the [corporation] STATE AUTHORITY and which are substantially
produced outside New York state, or services, other than construction
services, sought by the [corporation] STATE AUTHORITY which are substan-
tially performed outside New York state. For purposes of construction
services, foreign business enterprise shall mean a business enterprise,
including a sole proprietorship, partnership or corporation, which has
its principal place of business outside New York state.
(ii) "New York state business enterprise" shall mean a business enter-
prise, including a sole proprietorship, partnership or corporation,
which offers for sale or lease or other form of exchange, goods which
are sought by the [corporation] STATE AUTHORITY and which are substan-
tially manufactured, produced or assembled in New York state, or
services, other than construction services, which are sought by the
[corporation] STATE AUTHORITY and which are substantially performed
within New York state. For purposes of construction services, a New York
state business enterprise shall mean a business enterprise, including a
sole proprietorship, partnership, or corporation, which has its princi-
pal place of business in New York state.
(iii) "Discriminatory jurisdiction" shall mean any other country,
nation, province, state or political subdivision thereof which employs a
preference or price distorting mechanism to the detriment of or other-
wise discriminates against a New York state business enterprise in the
procurement of goods and services by the same or a non-governmental
entity influenced by the same. Such discrimination may include, but is
not limited to, any law, regulation, procedure or practice, terms or
license, authorization, or funding or bidding rights which requires or
encourages any agency or instrumentality of the state or political
subdivision thereof or non-governmental entity influenced by the same to
discriminate against a New York state business enterprise.
(c) In including any additional business enterprises on invitations to
bid for the procurement of goods or services, PUBLIC WORK, CONSTRUCTION
PROJECTS OR REVENUE OR OTHER CONSIDERATIONS, the chief executive officer
of the [corporation] STATE AUTHORITY shall not include any foreign busi-
ness enterprise which has its principal place of business located in a
discriminatory jurisdiction contained on the list prepared by the
commissioner of economic development pursuant to subdivision six of
section one hundred sixty-five of the state finance law, except, howev-
er, business enterprises which are New York state business enterprises
as defined by this section. The [corporation] STATE AUTHORITY may waive
the application of the provisions of this section whenever the chief
executive officer of the [corporation] STATE AUTHORITY determines in
writing that it is in the best interests of the state to do so. The
chief executive officer of the [corporation] STATE AUTHORITY shall
deliver each such waiver to the COMPTROLLER AND THE commissioner of
economic development.
(d) A [corporation] STATE AUTHORITY shall not enter into a contract
with a foreign business enterprise which has its principal place of
A. 4297 8
business located in a discriminatory jurisdiction contained on the list
prepared by the commissioner of economic development pursuant to subdi-
vision six of section one hundred sixty-five of the state finance law.
The provisions of this section may be waived by the chief executive
officer of the [corporation] STATE AUTHORITY if the chief executive
officer of the [corporation] STATE AUTHORITY determines in writing that
it is in the best interests of the state to do so. The chief executive
officer of the [corporation] STATE AUTHORITY shall deliver each such
waiver to the COMPTROLLER AND THE commissioner of economic development.
6. Each [corporation] STATE AUTHORITY, as part of the RULES OR guide-
lines established pursuant to subdivision three of this section, shall
establish policies regarding the preparation of publicly available
reports on procurement, PUBLIC WORK, CONSTRUCTION AND REVENUE contracts
entered into by such [corporation] STATE AUTHORITY. Such policies shall
provide, at the minimum, for the preparation of a report no less
frequently than annually, summarizing procurement, PUBLIC WORK,
CONSTRUCTION AND REVENUE CONTRACT activity by such [corporation] STATE
AUTHORITY for the period of the report, including a listing of all
procurement, PUBLIC WORK, CONSTRUCTION AND REVENUE contracts entered
into, all contracts entered into with New York state business enter-
prises and the subject matter and value thereof, all contracts entered
into with foreign business enterprises, and the subject matter and value
thereof, the selection process used to select such contractors, all
procurement, PUBLIC WORK, CONSTRUCTION AND REVENUE contracts which were
exempt from the publication requirements of article four-C of the
economic development law, the basis for any such exemption and the
status of existing procurement, PUBLIC WORK, CONSTRUCTION AND REVENUE
contracts.
7. Each [corporation] STATE AUTHORITY shall annually prepare and
approve a report on procurement, PUBLIC WORK, CONSTRUCTION AND REVENUE
contracts which shall include the RULES OR guidelines, as specified in
subdivision three of this section, an explanation of the RULES OR guide-
lines and any amendments thereto since the last annual report. Such
report on procurement, PUBLIC WORK, CONSTRUCTION AND REVENUE contracts
may be a part of any other annual report that the [corporation] STATE
AUTHORITY is required to make.
8. (a) [Each corporation] NOT MORE THAN NINETY DAYS AFTER THE CLOSE OF
A STATE AUTHORITY'S FISCAL YEAR, EACH STATE AUTHORITY shall [annually]
submit its ANNUAL report on procurement, PUBLIC WORK, CONSTRUCTION AND
REVENUE contracts to the division of the budget and copies thereof to
the [department of audit and control] OFFICE OF THE STATE COMPTROLLER,
the department of economic development, the senate finance committee and
the assembly ways and means committee.
(b) Each [corporation] STATE AUTHORITY shall make available to the
public copies of its report on procurement, PUBLIC WORK, CONSTRUCTION
AND REVENUE contracts upon reasonable request therefor AND SHALL POST
SUCH REPORT ON THE STATE AUTHORITY'S INTERNET WEBSITE AT THE SAME TIME
AS SUCH REPORT IS SUBMITTED AS REQUIRED BY THIS SECTION. EACH REPORT ON
PROCUREMENT, PUBLIC WORK, CONSTRUCTION AND REVENUE CONTRACTS POSTED ON
THE STATE AUTHORITY'S INTERNET WEBSITE SHALL BE MAINTAINED ON SUCH
WEBSITE AT LEAST UNTIL THE REPORT FOR THE FOLLOWING YEAR IS POSTED ON
SUCH WEBSITE.
[9. Nothing contained in this section shall be deemed to alter, affect
the validity of, modify the terms of or impair any contract or agreement
made or entered into in violation of, or without compliance with, the
provisions of this section.]
A. 4297 9
S 3. Paragraph (a) of subdivision 1 and subdivisions 5 and 12 of
section 2880 of the public authorities law, as added by chapter 183 of
the laws of 1987, are amended to read as follows:
(a) "Corporation" means every [public] STATE authority [and public
benefit corporation a majority of the governing board members of which
are either appointed by the governor or serve as members by virtue of
their service as an officer of a state department, division, agency,
board or bureau, or combination thereof], AS DEFINED IN SECTION TWO OF
THIS CHAPTER.
5. Statement filing. Each corporation shall, within thirty days after
the statement's adoption, file a copy of such statement, and amendments
thereto, with the state comptroller, the state director of the budget,
the [chairman] CHAIRPERSON of the senate finance committee, and the
[chairman] CHAIRPERSON of the assembly ways and means committee. AT THE
TIME OF FILING SUCH STATEMENT, EVERY CORPORATION SHALL ALSO POST SUCH
STATEMENT ON THE CORPORATION'S INTERNET WEBSITE. EACH STATEMENT POSTED
ON THE CORPORATION'S INTERNET WEBSITE SHALL BE UPDATED TO REFLECT ANY
AMENDMENTS THERETO, AND, AS AMENDED, SHALL BE MAINTAINED PERMANENTLY ON
SUCH WEBSITE.
12. Public access. (a) Each corporation shall make available to the
public, upon a reasonable request therefor, copies of its statement and
annual report AND SHALL POST SUCH STATEMENT AND ANNUAL REPORT ON THE
CORPORATION'S INTERNET WEBSITE AT THE SAME TIME AS SUCH STATEMENT AND
ANNUAL REPORT ARE FILED AS REQUIRED BY THIS SECTION. EACH STATEMENT
POSTED ON THE CORPORATION'S INTERNET WEBSITE SHALL BE UPDATED TO REFLECT
ANY AMENDMENTS THERETO, AND, AS AMENDED, SHALL BE MAINTAINED PERMANENTLY
ON SUCH WEBSITE, AND EACH ANNUAL REPORT POSTED ON THE CORPORATION'S
INTERNET WEBSITE SHALL BE MAINTAINED ON SUCH WEBSITE AT LEAST UNTIL THE
ANNUAL REPORT FOR THE FOLLOWING YEAR IS POSTED ON SUCH WEBSITE.
(b) Each contractor doing business with a corporation shall be given a
copy of that corporation's statement.
S 4. The public authorities law is amended by adding a new section
2898 to read as follows:
S 2898. CONTRACT APPROVAL BY THE COMPTROLLER. ANY CONTRACT OF SALE OF
PROPERTY MADE FOR OR BY ANY STATE AUTHORITY SHALL BE SUBJECT TO THE
PRIOR REVIEW AND APPROVAL OF THE COMPTROLLER IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS ARTICLE,
IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DETERMINES THAT SUCH
REVIEW AND APPROVAL SHALL BE REQUIRED. NOTHING IN THIS SECTION SHALL BE
DEEMED TO LIMIT THE COMPTROLLER'S EXISTING AUTHORITY TO SUPERVISE THE
ACCOUNTS OF PUBLIC AUTHORITIES.
S 5. This act shall take effect immediately.