Bill Text: NY S08086 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires the office of the state comptroller to conduct a study on all contracts entered into by the executive or any state agency, department, board, officer, commission, or institution during certain state disaster emergencies declared pursuant to section 28 of the executive law, declared anytime during and after fiscal year 2020, that exceeds 30 days and to make recommendations on maintaining the purposes of sections 112 and 163 of the state finance law during a declared state disaster emergency that exceeds 30 days.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-15 - referred to governmental operations [S08086 Detail]
Download: New_York-2021-S08086-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8086 IN SENATE January 25, 2022 ___________ Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts AN ACT to require the office of the state comptroller to conduct a study on all contracts entered into by the executive or any state agency, department, board, officer, commission, or institution during certain state disaster emergencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature hereby finds that the 2 purposes of sections 112 and 163 of the state finance law are to protect 3 the public interest and prevent governmental misconduct, improvidence, 4 extravagance, liabilities detrimental to the state, favoritism, fraud, 5 corruption and similar inappropriate conduct. The legislature further 6 finds that even during a state disaster emergency declared by the gover- 7 nor, pursuant to section 28 of the executive law, the state should 8 continue to uphold the purposes of sections 112 and 163 of the state 9 finance law. 10 § 2. Study and Powers. 1. Notwithstanding any other provision of law 11 to the contrary and within such funds as are made available for such 12 purpose, the office of the state comptroller shall conduct a study of 13 all contracts entered into by the executive or any state agency, depart- 14 ment, board, officer, commission, or institution during a state disaster 15 emergency declared pursuant to section 28 of the executive law, declared 16 anytime during and after the year 2020, that exceeded or exceeds 30 17 days. For the purposes of this study, the term "state disaster emergen- 18 cy" shall mean such state disaster emergency declared pursuant to 19 section 28 of the executive law, declared anytime during and after the 20 year 2020, that exceeds 30 days and which affected or affects the entire 21 state. 22 2. a. The study shall: 23 i. be limited to contracts that would have been subject to the review 24 of the office of the state comptroller had sections 112 and 163 of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13659-05-2S. 8086 2 1 state finance law not been suspended by a state disaster emergency that 2 exceeds 30 days; 3 ii. to the extent possible, include a detailed statement of contracts, 4 including installment contracts, entered into during a state disaster 5 emergency, provisions for the payment thereof, the purposes for which 6 such contract was entered into, and such other information as the office 7 of the state comptroller may deem necessary; 8 iii. to the extent possible, determine whether the executive or any 9 state agency, department, board, officer, commission, or institution 10 provided adequate protections against fraud, theft, misconduct, or any 11 other actions prohibited under sections 112 and 163 of the state finance 12 law; 13 iv. to the extent possible, identify the steps taken by the executive 14 or any state agency, department, board, officer, commission, or institu- 15 tion to solicit and/or negotiate contracts entered into by the governor 16 during a state disaster emergency that exceeds 30 days; 17 v. to the extent possible, identify the purported benefits and/or 18 efficiencies promoted by the suspension of sections 112 and 163 of the 19 state finance law and whether such benefits and/or efficiencies were 20 actually realized; 21 vi. to the extent possible, identify the various sources of revenue or 22 funds used to finance the contracts entered into during a state disaster 23 emergency that exceeds 30 days; and 24 vii. to the extent possible, include appropriate findings regarding 25 fiscal practices that the office of the state comptroller believes to be 26 contrary to the purposes of sections 112 and 163 of the state finance 27 law, or demonstrates negligence or incompetence. 28 b. For the purposes of carrying out the provisions of this act, the 29 executive and any state agency, department, board, officer, commission, 30 or institution shall provide and make available, in such manner as 31 determined by the office of the state comptroller, data, records, staff, 32 facilities, and resources. 33 3. No later than one year after the effective date of this act, the 34 office of the state comptroller shall submit the study and recommenda- 35 tions on maintaining the purposes of sections 112 and 163 of the state 36 finance law during a declared state disaster emergency that exceeds 30 37 days to the temporary president of the senate, the speaker of the assem- 38 bly, the chair of the senate procurements and contracts committee, and 39 the chair of the assembly governmental operations committee. 40 § 3. This act shall take effect on the thirtieth day after it shall 41 have become a law.
