Requires all contracts for public work or purchase contracts to protect from disclosure information which materially impair national, state or local security

The determination whether disclosure of information would cause such impairment would be made by the governing board of the political subdivision and in the case of the city of New York, by the Mayor and Comptroller. This determination would be exempt from article seven of the Public Officers Law.

Section 2 of the bill would make a corresponding change to the GML to likewise state that, notwithstanding any other general, special or local law, rule or regulation, purchases of equipment, goods or services or contracts for public works for which applicable procurement requirements require disclosure of information that, if disclosed, would materially impair national, state or local security, materially impair emergency prepared- ness plans or reveal current vulnerabilities of systems, installations, infrastructures or projects relating to national, state or local security would be procured by the appropriate officer and specifically provides for the adoption by resolution of the governing board of a political subdivision or district of internal policies and procedures governing security-related purchases to ensure that security-sensitive information is not disclosed.

In the city of New York, such policies would be developed and adopted by the City's Procurement Policy Board.

Justification

In recent years, governmental entities through out the State have experienced an increased need to procure security related goods and services to protect the safety of New York's citizens. New York City, in particular, has seen a dramatic increase in its need to procure goods and services vital to the protection of the City and its citizens.

As localities strive to meet these new challenges, certain provisions of existing procurement laws and regulations themselves present risks to security that this bill is designed to address. There are a few circumstances where the need being met by the procurement is so sensitive that public knowledge of even the fact of procurement could be considered problematic. This type of problem arises in areas involving public health and safety such as the procurement and disposition of antidotes, supplies and other materials and equipment to safeguard against chemical or biological attack.

Other circumstances where procurement procedures negatively impact the ability to protect citizens from security threats involve areas where procurement laws require the public disclosure of plans and specifications of sensitive installations or locations subject to possible attack.

Requirements that plans and specifications for such areas be publicly disclosed and available to any potential vendors, without regard to the locality's ability to screen such companies for security risks, negatively impact on governments ability to protect vital installations, landmarks and infrastructure facilities.

This bill would permit the local governing board (or, in the case of New York City, the Mayor and the Comptroller) to determine that disclosure of certain types of information in the course of procurement would impair national, state or local security, or plans for emergency preparedness or reveal vulnerabilities of systems, installations or infrastructure, and to acquire necessary goods and services under appropriate procedures that protect public safety.

Prior legislative history

: 2006 - 6.5641 Passed Senate; 2008 - S.3651 - Referred to the Standing Committee on Local Government.

Fiscal implications

None Noted.

Effective date

: This act would take effect immediately.