Bill Text: NY S04877 | 2023-2024 | General Assembly | Amended
Bill Title: Defines noncompliant state agency; provides for timelines and procedures for state agency contracts involving not-for-profit corporations.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed) 2024-06-05 - SUBSTITUTED BY A2740B [S04877 Detail]
Download: New_York-2023-S04877-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4877--A Cal. No. 1387 2023-2024 Regular Sessions IN SENATE February 16, 2023 ___________ Introduced by Sens. MAYER, BAILEY, COONEY, FERNANDEZ, HARCKHAM, HOYL- MAN-SIGAL, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts -- recom- mitted to the Committee on Procurement and Contracts in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 any 9 renewal contracts to the attorney general within the time frame required 10 by subdivision four of this section when not-for-profit organizations 11 are parties to such contracts and a written directive has been issued, 12 (b) failed to submit any renewal contracts to the attorney general prior 13 to 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05711-05-4S. 4877--A 2 1 4. (a) A noncompliant state agency shall prepare and transmit to the 2 office of the state comptroller, by the end of every month for which it 3 is noncompliant, a report addressing those renewal contracts which have 4 not been submitted to the attorney general within the time frame 5 required by subdivision four of section one hundred seventy-nine-t of 6 this article. In addition, such agency shall provide notification 7 regarding the submission of such report to the not-for-profit organiza- 8 tion it is contracting with. Such report shall (i) describe the 9 contracts that have not been submitted, (ii) detail the reasons the 10 contract has not been submitted, (iii) detail the steps the agency is 11 taking to submit and fully execute the contract, and (iv) provide an 12 estimate of when it shall submit and fully execute the contract. The 13 agency shall also make such reports publicly accessible on its website. 14 (b) Within six months of becoming a noncompliant state agency, such 15 agency shall prepare and transmit to the office of the state comp- 16 troller, the temporary president of the senate, and the speaker of the 17 assembly, a report describing its efforts to become compliant with the 18 requirements of section one hundred seventy-nine-t of this article. Such 19 report shall describe in detail efforts to revise internal policies and 20 procedures, identify bottlenecks and other barriers to efficient 21 contracting, retrain staff and management, incorporate improved manage- 22 ment practices, reform procurement processes, and any other factor which 23 will enable the agency to meet the requirements of section one hundred 24 seventy-nine-t of this article as related to not-for-profit organiza- 25 tions. The agency shall also prepare and deliver updated reports every 26 six months after the delivery of the first report describing the 27 progress it has made. Such reports shall also be posted on the agency's 28 website. 29 § 4. Subdivision 14 of section 179-q of the state finance law, as 30 added by chapter 166 of the laws of 1991, is amended to read as follows: 31 14. "Written directive" means a written request by a state agency to a 32 not-for-profit organization authorizing such organization either to 33 begin providing services during the negotiation of a contract or to 34 continue providing services during the negotiation of a renewal 35 contract. All written directives shall state that payment for the 36 services provided is subject to the availability of appropriations[,37execution of either the contract or renewal contract, and approval of38the contract or renewal contract by the comptroller and the attorney39general]. All written directives shall also include the state's payment 40 schedule, which will remain in effect until a contract is approved. Any 41 late payments from the state based on the schedule will be subject to 42 interest. 43 § 5. This act shall take effect immediately.
