Comptroller DiNapoli's Legislative Program
Since taking office in 2007, Comptroller DiNapoli has proposed legislation to increase accountability and transparency of New York state and local government. These efforts have focused on reforming not only the investment practices of the Common Retirement Fund, the New York State and Local Employees’ Retirement System, the New York Police and Fire Retirement System, but also the State budget process, state procurement practices and school accountability. Comptroller DiNapoli is committed to strengthening New York’s laws to:
- Ensure accountability, transparency and appropriate spending of taxpayer dollars,
- Stop fraud and abuse,
- Improve the effectiveness of government programs, and
- Protect the interests of New York’s citizens.
Legislative Session 2015-2016:
- The New York State Procurement Integrity Act of 2017 – Enhances the integrity, transparency and accountability of the State’s procurement process by restoring the state comptroller’s independent contract oversight, requiring public authorities to comply with the state finance law relating to procurements, prohibiting certain third party contracts, authorizing the state comptroller to oversee certain contracts of the Research Foundation of the State University of New York, prohibiting conflicts of interest by state officers and employees in state procurements, prohibiting conflicts of interest by state authority board members, officers and employees in authority procurements, requiring certification by state officers and employees of no undue influence, requiring certification by state authority board members, officers and employees of no undue influence, and establishing a state contractor and state authority contractor code of business ethics and conduct.
- Constitutional Amendment on Debt - A.10265 (Farrell)- CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to article 7 of the constitution, in relation to authorization of debt to respond to acts of terrorism, a limit on the total amount of state-funded debt, and the refunding of state debts.
- New York State Fiscal Reform and Accountability Act - A.10340 (Farrell)- Enacts the New York State Fiscal Reform and Accountability act; to amend the state finance law and the public authorities law, in relation to contents of the state budget and the capital financing and program plan; to repeal section 49 of the state finance law, relating to the segregation of lump sum appropriations; and to amend the state finance law, in relation to the rainy day reserve fund (Part A); to amend the state finance law, in relation to establishing the New York state capital asset/infrastructure council(Part B); to amend the state finance law, in relation to limitations on state-funded debt; to repeal sections 67-a and 67-b of the state finance law, relating to limitations on state-supported debt; and providing for the repeal of certain provisions upon expiration thereof (Part C).
- Comptroller Authority to Audit Local Development Corporations (LDCs) – A.7056-A (Magnarelli)/ S.5690-A (Marchione) - Relates to audits by the State Comptroller of certain organizations controlled by municipal corporations and certain other government entities.
- Other Post-Employment Benefits (OPEB) – A.5525 (Abbate) and S.5111-A (Marchione) - To provide the State and certain local governments with the authority to establish trusts in which to accumulate assets for other post-employment benefits (OPEB) and to establish an OPEB investment fund in the sole custody of the State Comptroller for the investment of OPEB assets of the State and participating eligible local governments and other public corporations.
- IDA Reform – Signed into law on December 18, 2015 as Chapter 563 of the Laws of 2015 - A.7915 (Magnarelli)/S.5867 (Marchione) - To increase the accountability and improve the efficiency and transparency of the operations of industrial development agencies and authorities (IDAs) by requiring standard application forms for requests for financial assistance, uniform criteria for the evaluation and selection for each category of projects for which financial assistance is provided, and uniform project agreements
- Notice of Reserve Funds – Signed into law on December 31, 2016 as Chapter 514 of the Laws of 2016 – A.7675 (Buchwald)/S.5795 (Marcellino) - To provide increased transparency in school district fiscal operations by requiring publication of reserve funds and reserves funded by resolution
- Omnibus Technical Corrections - Signed into law on September 29, 2016 as Chapter 337 of the laws of 2016 – A.7292-C (Farrell)/S.5601-C (Golden) -Makes technical changes relating to categorizing certain funds as joint custody and eliminating the filing of an annual report regarding certain expenditures for indigent legal services with the State Comptroller.
- Tax Check-off Funds - Signed into law on November 20, 2015 as Chapter 453 of the Laws of 2015– A.7419 (Farrell)/S.5492 (Marcellino) - Establishes uniform requirements for all funds in which tax check-off monies are deposited and requires annual reports relating to the use of such monies.
- Equal Access to Justice Reporting - Signed into law on November 20, 2015 as Chapter 439 of the Laws of 2015 – A.6079 (Simon)/S.5899 (Bonacic) - Properly shifts the responsibility for creating an annual report pursuant to the New York State Equal Access to Justice Act from the State Comptroller’s Office to the Attorney General's Office.
- Abandoned Property; Technical Cleanup Proposal – A.6080-A (Farrell)/S.5003-A (Venditto) - Makes a variety of technical amendments to the abandoned property law.
- Procurement; Technical Cleanup Proposal – Vetoed on December 11, 2015 - Veto Memo 303 - A.7513-B (Peoples-Stokes)/ S.5713-A (DeFrancisco) - The purpose of this proposed legislation is to increase the transparency, accountability, efficiency and flexibility of the procurement process and to make technical corrections and clarifications relating to certain procurements.
- Ethical Standards for State Agency Contractors Act – A.7512 (Peoples-Stokes) - Establishes ethical standards for certain state agency contractors performing inherently governmental and mission-critical functions or rendering a service or services pursuant to an information-risk contract.
- Local Government Ethics – A.7669-A (Magnarelli) - Relates to conflicts of interest of municipal officers and employers; codes of ethics and boards of ethics; repealer
- Enhanced Penalties for Abuse of Public Trust Crimes – A.5053 (Abbate) - Imposes a mandatory fine upon certain public officers convicted of a designated felony offense related to their official duties; relates to the crime of official misconduct and to abuse of public trust crimes.
- Natural Gas Damage Compensation Fund – A.5895 (Englebright) - Establishes the natural gas production contamination response and compensation program; and creates the New York natural gas production contamination damage recovery and remediation fund.
- Payment of Retirement Benefits – A.5055 (Abbate)/S.5790 (Gallivan) - Requires the payment of retirement benefits by the New York State and Local Retirement System by direct deposit or debit card, with the transition to the new method of payment being made incrementally.
- Public Authorities Reform Act Cleanup – A.5415 (Brennan)/S.4924 (Marcellino) - Makes necessary changes to the Public Authorities Reform Act of 2009.
- Pre-Audit - State Insurance Fund - S.7037 (Seward) - Relates to the pre-audit of expenditures from the state insurance fund by the state comptroller; repealer.
- Placement Agent Ban – A. 5054 (Abbate)/S.4927 (Golden) - Codifies the current OSC policy which bans the use of placement agents, paid intermediaries and registered lobbyists in obtaining investments with the Common Retirement Fund.
- Employer Contribution Calculation – Signed into law on July 30, 2015 as Chapter 94 of the Laws of 2015 - A.7670 (Abbate)/S.4982 (Ortt) - Provides for the calculation of employer contributions for the funding of the New York state and local employees’ retirement system and the New York state and local police and fire retirement system (the Retirement System or System) on the basis of rates determined on known salaries from the prior fiscal year rather than on an estimate of salaries from the incomplete current fiscal year.
- Short Term Interest Pool (STIP) Increase - Signed into law on November 20, 2015 as Chapter 455 of the Laws of 2015 – A.7509 (Farrell)/S.5299 (DeFrancisco) - Allows for an increase in the dollar amount the Comptroller is permitted to hold in indebtedness of certain agencies, corporations and bank or trust companies.
- Prompt Payment – Signed into law on December 11, 2015 as Chapter 548 of the Laws of 2015 - A.7579 (Peoples-Stokes)/S.4929 (DeFrancisco) -To meet the intent of the prompt contracting law, allows the accrual of interest for a period of time a payment is delayed due to the fund or sub-fund from which the payment is to be made having insufficient cash.
- Direct Deposit for New State Employees – A.5526-A (Abbate)/S.4928-A (Golden) - Requires the payment of salaries by direct deposit for state employees hired after January 1, 2017.
- Notice of Assessment on State Lands – Signed into law on November 28, 2016 as Chapter 449 of the Laws of 2016 - A.7673 (Dilan)/S.5926 (Marchione) - Conforms statutory language with operational procedures relating to assessments on state lands.
- Tax Check-Off Technical Amendment – Enacted pursuant to Chapter 57 of the laws of 2016 (Public Protection and General Government Article VII) A.9290 (Farrell) - Corrects language relating to the committee chair who is appropriately designated to receive the annual report setting forth how the monies in certain tax check-off funds were used during the preceding calendar year.
- Eliminate Notary Requirement on Membership Application - Signed into law on July 21, 2016 as Chapter 123 of the Laws of 2016 - A.9348 (Abbate)/S.7212 (Golden) - Eliminates the requirement that an application for membership in the New York State and Local Employees’Retirement System or the New York State and Local Police and Fire Retirement System be notarized (acknowledged).
- Alternative Procurement Methodologies - S.7892 (DeFrancisco)- Authorizes the commissioner of the office of general services and state agencies to develop alternative procurement methods not otherwise authorized by law under certain circumstances; and in relation to authorizing competitive negotiation concluding with a best and final offer.
- Omnibus Technical Procurement Amendments - Vetoed on November 28, 2016 - Veto Memo 295 - A.10688 (Rules-Peoples-Stokes)/S.7893 (DeFrancisco) - Relates to participation by state agencies in a system used by the comptroller to compile vendor responsibility information; defining information technology for procurement purposes; clarifying the use of best and final offers for invitations for bids and requests for proposals for goods, services and technology; clarifying the use of contracts let by another governmental agency; and clarifying the valuation of non-cash contracts by the state comptroller.