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.