Bill Text: NY A02740 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Defines noncompliant state agency; provides for timelines and procedures for state agency contracts involving not-for-profit corporations.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Engrossed) 2024-06-05 - RETURNED TO ASSEMBLY [A02740 Detail]

Download: New_York-2023-A02740-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2740--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by  M.  of  A. PAULIN, WALLACE, SIMONE, SIMON, LAVINE, RAGA,
          HEVESI, LEVENBERG, SAYEGH,  BURDICK,  SHIMSKY,  OTIS,  BURGOS,  GIBBS,
          TAYLOR,  ZACCARO, DAVILA -- read once and referred to the Committee on
          Governmental Operations -- recommitted to  the  Committee  on  Govern-
          mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend  the  state  finance law, in relation to state agency
          contracts with not-for-profit corporations

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

     1    Section 1. Section 179-q of the state finance law is amended by adding
     2  a new subdivision 15 to read as follows:
     3    15.  "Noncompliant  state agency" means a state agency that has failed
     4  to execute certain contracts within required time frames.
     5    § 2. Section 179-t of the state finance law is amended by adding a new
     6  subdivision 4-a to read as follows:
     7    4-a. A state agency shall be deemed to be noncompliant if, for six  of
     8  the  last  twelve  preceding months, it has (a) failed to submit renewal
     9  contracts to the attorney general within  the  time  frame  required  by
    10  subdivision  four  of this section when not-for-profit organizations are
    11  parties to such contracts and a written directive has been  issued,  (b)
    12  failed  to  submit  renewal  contracts  to the attorney general prior to
    13  commencement when  not-for-profit  organizations  are  parties  to  such
    14  contracts,  and/or  (c)  in  any  other manner failed to fully execute a
    15  contract before its start date.
    16    § 3.  Section 179-bb of the state finance law is amended by  adding  a
    17  new subdivision 4 to read as follows:
    18    4.  (a)  A noncompliant state agency shall prepare and transmit to the
    19  office of the state comptroller, by the end of every month for which  it
    20  is  noncompliant, a report addressing those renewal contracts which have

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05711-02-4

        A. 2740--A                          2

     1  not been submitted  to  the  attorney  general  within  the  time  frame
     2  required  by  subdivision  four of section one hundred seventy-nine-t of
     3  this article.  In  addition,  such  agency  shall  provide  notification
     4  regarding  the submission of such report to the not-for-profit organiza-
     5  tion it  is  contracting  with.  Such  report  shall  (i)  describe  the
     6  contracts  that  have  not  been  submitted, (ii) detail the reasons the
     7  contract has not been submitted, (iii) detail the steps  the  agency  is
     8  taking  to  submit  and  fully execute the contract, and (iv) provide an
     9  estimate of when it shall submit and fully  execute  the  contract.  The
    10  agency shall also make such reports publicly accessible on its website.
    11    (b)  Within  six  months of becoming a noncompliant state agency, such
    12  agency shall prepare and transmit to  the  office  of  the  state  comp-
    13  troller,  the  temporary president of the senate, and the speaker of the
    14  assembly, a report describing its efforts to become compliant  with  the
    15  requirements of section one hundred seventy-nine-t of this article. Such
    16  report  shall describe in detail efforts to revise internal policies and
    17  procedures,  identify  bottlenecks  and  other  barriers  to   efficient
    18  contracting,  retrain staff and management, incorporate improved manage-
    19  ment practices, reform procurement processes, and any other factor which
    20  will enable the agency to meet the requirements of section  one  hundred
    21  seventy-nine-t  of  this  article as related to not-for-profit organiza-
    22  tions. The agency shall also prepare and deliver updated  reports  every
    23  six  months  after  the  delivery  of  the  first  report describing the
    24  progress it has made. Such reports shall also be posted on the  agency's
    25  website.
    26    §  4.  Subdivision  14  of  section 179-q of the state finance law, as
    27  added by chapter 166 of the laws of 1991, is amended to read as follows:
    28    14. "Written directive" means a written request by a state agency to a
    29  not-for-profit organization  authorizing  such  organization  either  to
    30  begin  providing  services  during  the  negotiation of a contract or to
    31  continue  providing  services  during  the  negotiation  of  a   renewal
    32  contract.  All  written  directives  shall  state  that  payment for the
    33  services provided is subject to  the  availability  of  appropriations[,
    34  execution  of  either  the contract or renewal contract, and approval of
    35  the contract or renewal contract by the  comptroller  and  the  attorney
    36  general].  All written directives shall also include the state's payment
    37  schedule,  which will remain in effect until a contract is approved. Any
    38  late payments from the state based on the schedule will  be  subject  to
    39  interest.
    40    § 5. This act shall take effect immediately.
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