The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6987
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by M. of A. LALOR -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to establish a  bipartisan  committee  to  investigate  and  make
   recommendations as to whether Governor Andrew Cuomo committed acts for
   which  impeachment is warranted with respect to certain actions relat-
   ing to the admission  of  COVID-19  patients  to  nursing  homes;  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. (a) No later than fifteen days after the effective date  of
 this  act,  a  bipartisan  committee  shall be formed for the purpose of
 determining if Governor Andrew Cuomo committed acts for  which  impeach-
 ment is warranted:
   (i) in the issuance of a mandate forcing nursing homes in the state to
 admit COVID-19 positive patients during the 2020 COVID-19 pandemic;
   (ii)  in failing to disclose accurate data on nursing home deaths in a
 timely manner to the Legislature, watchdog groups, the US Department  of
 Justice, and the public;
   (iii) in surreptitiously inserting into the  2020-2021 budget language
 that  gave legal immunity to hospital  executives and for-profit nursing
 homes at the request of lobbyists and  donors to his campaign committee;
   (iv) in threatening a legislator or  legislators  who    question  the
 governor's  handling of nursing homes and lack of  transparency on nurs-
 ing home fatality data; or
   (v) in demanding that a legislator or legislators    publicly  corrob-
 orate  all  or part of the governor's claims about the US  Department of
 Justice investigation into nursing home fatalities.
   (b) The committee shall be comprised of eleven members of the assembly
 to be appointed as follows:
   (i) 8 members to be selected by the speaker of the assembly; and
   (ii) 3 members to be selected by the minority leader of the assembly.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09681-03-1

 A. 6987                             2
 
   (c) If any vacancy occurs on the  committee,  such  vacancy  shall  be
 filled by appointment for the unexpired term by the appointing authority
 initially appointing such member.
   (d) The members shall select a chair and a vice-chair of the committee
 from their number.
   (e) Members of the board of directors shall serve without compensation
 but  shall  be reimbursed for actual expenses reasonably incurred in the
 performance of their duties.
   (f) The committee shall meet at least four times monthly at  the  call
 of  the  chair, or in his or her absence, the vice chair, or on petition
 of any three members. A majority of the members of the  committee  shall
 constitute a quorum for the transaction of any business.
   (g) No later than sixty days after the formation of the committee, the
 chair  of  the committee shall deliver a report of the committee's find-
 ings and recommendations as to impeachment to the Legislature.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed thirty days after the committee's report and recommenda-
 tions  are  delivered  to  the  legislature. The speaker of the assembly
 shall notify the legislative bill drafting commission when the recommen-
 dations of the committee are delivered to the legislature as provided in
 section one of this act in order that the  commission  may  maintain  an
 accurate  and timely effective data base of the official text of laws of
 the state of New York in furtherance of effectuating the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.