Bill Text: NY S09553 | 2023-2024 | General Assembly | Introduced

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Bill Title: Restructures the not-for-profit contracting advisory committee; provides for the issuance of additional reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO FINANCE [S09553 Detail]

Download: New_York-2023-S09553-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9553

                    IN SENATE

                                      May 16, 2024
                                       ___________

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

        AN ACT to amend the state finance law, in relation to the not-for-profit
          contracting advisory committee

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

     1    Section  1.  Section  179-aa  of  the state finance law, as amended by
     2  chapter 672 of the laws of 2019, is amended to read as follows:
     3    § 179-aa. Advisory committee. 1. There is hereby  established  a  not-
     4  for-profit contracting advisory committee. [The] Such advisory committee
     5  shall  consist  of  [sixteen members which shall include eight appointed
     6  members, four to] seven members, three of which shall  be  appointed  by
     7  the  governor  [who],  each of whom shall be representatives of not-for-
     8  profit organizations providing services in the state, [and two] one each
     9  to be appointed by the governor upon  recommendation  of  the  temporary
    10  president  of  the  senate  and speaker of the assembly, [and eight] the
    11  chair of the senate committee on procurements  and  contracts,  and  the
    12  chair of the assembly committee on governmental operations. Such members
    13  shall be appointed on staggered terms to ensure continuity and knowledge
    14  sharing.  Eight  additional  non-voting members shall be appointed as ex
    15  officio members of the committee, [one each] designated from the follow-
    16  ing entities, the division of the budget, the  department  of  law,  the
    17  office  of  the  state  comptroller,  and  the education department. The
    18  governor [shall] may also designate an  additional  four  non-voting  ex
    19  officio  members  from  [among]  any of the following agencies, provided
    20  only one shall be designated per agency: the department  of  state,  the
    21  office  of  children  and  family  services, the office of temporary and
    22  disability assistance, the department of health, the  office  of  mental
    23  hygiene,  the office for people with developmental disabilities, and the
    24  department of labor.
    25    2. The governor shall designate an appointee to serve as chair of  the
    26  committee.
    27    3.  The advisory committee shall meet at least quarterly [and upon its
    28  own initiative may: comment and] each calendar year. Such  committee  is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10477-01-3
        S. 9553                             2

     1  authorized  to  promulgate  by-laws they see fit in accordance with this
     2  section.
     3     4. (a) The advisory committee shall perform the following functions:
     4    (i)  independently  advise  the  governor,  the legislature, the comp-
     5  troller and state agencies on the implementation and operation  of  this
     6  article,  and provide expert comment, if requested by such on the imple-
     7  mentation and operation of the provisions contained within this  article
     8  and  issue an annual report on such, which shall be made publicly acces-
     9  sible;
    10    (ii) comment, monitor and report on the implementation  and  operation
    11  of the not-for-profit short-term revolving loan fund[; advise the gover-
    12  nor,  comptroller and state agencies on the implementation and operation
    13  of this article; evaluate the benefits of requiring all  state  agencies
    14  to  use  standard  contract  language  and  the extent to which standard
    15  language may be effectively included in  contracts  with  not-for-profit
    16  organizations;  review  annually  the  report of the office of the state
    17  comptroller made pursuant to section one hundred seventy-nine-bb of this
    18  article; and propose any legislation they deem necessary to improve  the
    19  fund  and this article. The committee shall], as provided for in section
    20  one hundred seventy-nine-z of this article;
    21    (iii) regularly review and report on state agency compliance with  the
    22  statutory  timelines  specified in section one hundred seventy-nine-s of
    23  this article;
    24    (iv) periodically review and report on the use of  the  state's  grant
    25  management  system  by  contracting  agencies  or  any other centralized
    26  systems that may be introduced from time to time to streamline agencies'
    27  work;
    28    (v) review annually and provide comment on the report by the office of
    29  the state comptroller made pursuant to section one hundred seventy-nine-
    30  bb of this article;
    31    (vi) receive, and if necessary invite, feedback from state agencies on
    32  how the process of procurement, contracting, and vetting of not-for-pro-
    33  fit organizations can be improved, make the  necessary  recommendations,
    34  and ensure implementation of such recommendations;
    35    (vii)  issue any recommendations deemed necessary or helpful to ensure
    36  such committee is effectively operational to the governor and the legis-
    37  lature; and
    38    (viii) report to the governor and the legislature with recommendations
    39  on improving the contracting procedures  with  not-for-profit  organiza-
    40  tions  which  receive  state  funds  through the intermediary of munici-
    41  palities.
    42    (b) Such reports shall be due annually not later than December first.
    43    5. If the advisory committee is found not to be in compliance with any
    44  of the provisions of this section, the governor may, upon motion by  any
    45  member  of  the  legislature, the chair of the advisory committee, or by
    46  the governor's own initiative,  dissolve  such  advisory  committee  and
    47  reappoint  the  advisory committee with new members pursuant to subdivi-
    48  sion one of this section, provided, however, the  chair  of  the  senate
    49  committee  on  procurements and contracts, and the chair of the assembly
    50  committee on governmental operations shall remain.
    51    § 2. This act shall take effect on the ninetieth day  after  it  shall
    52  have become a law.