New York A 10038: Requires audits by the comptroller in the event of arrest or conviction of contractors

Status: HELD FOR CONSIDERATION IN GOVERNMENTAL OPERATIONS (as of 2026-05-19)

State: New York · Session: 2025-2026 · Bill: A 10038

Sponsors: Michael Durso, Angelo J. Morinello, Anil Beephan Jr., Daniel Norber, David McDonough, Edward Ra, Jeff Gallahan, Jerett Gandolfo, Joe Angelino, Joe DeStefano, John Lemondes, Keith Brown, Kenneth Blankenbush, Lester Chang, Scott Gray

Bill Text

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A10038 Summary:

BILL NOA10038 

&nbsp

SAME ASSAME AS S09386

&nbsp

SPONSORDurso

&nbsp

COSPNSRGallahan, Morinello, Angelino, Blankenbush, Gandolfo, Brown K, Chang, DeStefano, McDonough,
 Beephan, Lemondes, Norber, Gray, Ra

&nbsp

MLTSPNSR

&nbsp

Add §149, St Fin L

&nbsp

Requires audits by the comptroller in the event of arrest or conviction of contractors of certain sections of law relating to theft and fraud.

Go to top A10038 Actions:

BILL NOA10038 

&nbsp

01/30/2026referred to governmental operations

05/19/2026held for consideration in governmental operations

Go to topA10038 Committee&nbspVotes:

Committee:GOVERNMENTAL OPERATIONS Chair:McDonald 
DATE:05/19/2026AYE/NAY:10/4 Action: Held for Consideration McDonaldAyeBeephanNay

GlickAyeSimpsonNay

KimAyeNovakhovNay

Bichotte HermelAyeNorberNay

WilliamsAye

RagaAye

SimoneAye

ShimskyAye

KassayAye

BurroughsAye

Go to topA10038 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10038 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10038

 IN ASSEMBLY

 January 30, 2026
 ___________

 Introduced by M. of A. DURSO -- read once and referred to the Committee
 on Governmental Operations

 AN ACT to amend the state finance law, in relation to requiring audits
 by the comptroller in the event of arrest or conviction of contractors

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

 1 Section 1. The state finance law is amended by adding a new section
 2 149 to read as follows:
 3 § 149. Audits upon conviction or determination. 1. For the purposes of
 4 this section, the term "contractor" shall include any person, firm,
 5 partnership or corporation which:
 6 (a) is a subcontractor of the contractor;
 7 (b) has subcontracted portions of a project to the contractor; or
 8 (c) is substantially owned, substantially owns, or is substantially
 9 affiliated with the contractor.
 10 2. The state comptroller shall, upon conviction or any determination
 11 against a contractor for violations of section four hundred three of the
 12 insurance law, article one hundred fifty-five of the penal law in
 13 relation to wage theft, article one hundred seventy-six of the penal
 14 law, section one hundred fourteen of the workers' compensation law, or
 15 subdivision four of section one hundred ninety-five or section one
 16 hundred ninety-eight-a or two hundred twenty of the labor law, conduct
 17 an audit of all existing public works projects commenced by such
 18 contractor that have received state funds.
 19 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14580-02-6

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