Bill Text: NY S06868 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to comprehensive and regular management and operations audits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-12-23 - signed chap.358 [S06868 Detail]

Download: New_York-2019-S06868-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6868

                               2019-2020 Regular Sessions

                    IN SENATE

                                    November 22, 2019
                                       ___________

        Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public authorities law, in relation to comprehensive
          and regular management and operations audits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 1020-s of the public authorities law, as amended by
     2  chapter  388 of the laws of 2011, is amended by adding a new subdivision
     3  3 to read as follows:
     4    3. In the event that a comprehensive and regular management and  oper-
     5  ations  audit,  as  provided by subdivision (bb) of section one thousand
     6  twenty-f of this article,  indicates  a  finding  of  fraud,  abuse,  or
     7  mismanagement by a service provider of the authority, and upon a finding
     8  by  the  public  service commission that reasonable cause exists for the
     9  basis of such indication, the public service commission may  order  that
    10  any  recommendations  contained in the regular management and operations
    11  audit be implemented. The public service commission may also provide  in
    12  their  order,  the date in which any recommendation must be fully imple-
    13  mented. Failure to comply with any such order can result in the  imposi-
    14  tion  of  a  civil  penalty by the public service commission against the
    15  service provider or revocation of the service  provider's  authority  to
    16  operate within the state.
    17    § 2. Subdivision (bb) of section 1020-f of the public authorities law,
    18  as amended by section 7 of part A of chapter 173 of the laws of 2013, is
    19  amended by adding a new paragraph 5 to read as follows:
    20    5.  Notwithstanding  the  foregoing, in the event that a comprehensive
    21  and regular management and operations audit as conducted  in  accordance
    22  with  this subdivision indicates a finding of fraud, abuse or mismanage-
    23  ment by a service provider of the authority, and upon a finding  by  the
    24  public  service commission that reasonable cause exists for the basis of
    25  such indication, the public service commission may order that any recom-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14227-02-9
        S. 6868                             2

     1  mendations contained in the regular management and operations  audit  be
     2  implemented.  The  public  service  commission may also provide in their
     3  order, the date in which the recommendations be fully implemented. Fail-
     4  ure  to  comply  with  any  such order can result in the imposition of a
     5  civil penalty by the  public  service  commission  against  the  service
     6  provider.
     7    §  3.  This  act  shall take effect immediately and shall apply to all
     8  audits conducted on or after such effective date.