S T A T E O F N E W Y O R K
________________________________________________________________________
8086
I N S E N A T E
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:
Section 1. Legislative findings. The legislature hereby finds that the
purposes of sections 112 and 163 of the state finance law are to protect
the public interest and prevent governmental misconduct, improvidence,
extravagance, liabilities detrimental to the state, favoritism, fraud,
corruption and similar inappropriate conduct. The legislature further
finds that even during a state disaster emergency declared by the gover-
nor, pursuant to section 28 of the executive law, the state should
continue to uphold the purposes of sections 112 and 163 of the state
finance law.
§ 2. Study and Powers. 1. Notwithstanding any other provision of law
to the contrary and within such funds as are made available for such
purpose, the office of the state comptroller shall conduct a study of
all contracts entered into by the executive or any state agency, depart-
ment, board, officer, commission, or institution during a state disaster
emergency declared pursuant to section 28 of the executive law, declared
anytime during and after the year 2020, that exceeded or exceeds 30
days. For the purposes of this study, the term "state disaster emergen-
cy" shall mean such state disaster emergency declared pursuant to
section 28 of the executive law, declared anytime during and after the
year 2020, that exceeds 30 days and which affected or affects the entire
state.
2. a. The study shall:
i. be limited to contracts that would have been subject to the review
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.
LBD13659-05-2
S. 8086 2
state finance law not been suspended by a state disaster emergency that
exceeds 30 days;
ii. to the extent possible, include a detailed statement of contracts,
including installment contracts, entered into during a state disaster
emergency, provisions for the payment thereof, the purposes for which
such contract was entered into, and such other information as the office
of the state comptroller may deem necessary;
iii. to the extent possible, determine whether the executive or any
state agency, department, board, officer, commission, or institution
provided adequate protections against fraud, theft, misconduct, or any
other actions prohibited under sections 112 and 163 of the state finance
law;
iv. to the extent possible, identify the steps taken by the executive
or any state agency, department, board, officer, commission, or institu-
tion to solicit and/or negotiate contracts entered into by the governor
during a state disaster emergency that exceeds 30 days;
v. to the extent possible, identify the purported benefits and/or
efficiencies promoted by the suspension of sections 112 and 163 of the
state finance law and whether such benefits and/or efficiencies were
actually realized;
vi. to the extent possible, identify the various sources of revenue or
funds used to finance the contracts entered into during a state disaster
emergency that exceeds 30 days; and
vii. to the extent possible, include appropriate findings regarding
fiscal practices that the office of the state comptroller believes to be
contrary to the purposes of sections 112 and 163 of the state finance
law, or demonstrates negligence or incompetence.
b. For the purposes of carrying out the provisions of this act, the
executive and any state agency, department, board, officer, commission,
or institution shall provide and make available, in such manner as
determined by the office of the state comptroller, data, records, staff,
facilities, and resources.
3. No later than one year after the effective date of this act, the
office of the state comptroller shall submit the study and recommenda-
tions on maintaining the purposes of sections 112 and 163 of the state
finance law during a declared state disaster emergency that exceeds 30
days to the temporary president of the senate, the speaker of the assem-
bly, the chair of the senate procurements and contracts committee, and
the chair of the assembly governmental operations committee.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
