NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7531
SPONSOR: Zinerman TITLE OF BILL:
An act to amend the state finance law, in relation to the not-for-profit
contracting advisory committee
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the state finance law to include the creation of the
not-for-profit contracting advisory committee tasked with advising the
governor, comptroller and state agencies on the implantation and opera-
tion of this committee, the not-for-profit short-term revolving loan
fund, regularly reviewing and reporting on state agency compliance with
the statutory timelines, periodically review and report on the use of
the state's grant management system, review annually and provide comment
on the report by the office of the state comptroller, receive and if
necessary invite feedback from state agencies on how the process of
procurement, contracting and vetting of not-for-profit organizations can
be improved and make the necessary recommendations and ensure implemen-
tation of such recommendations, and issue any recommendations deemed
necessary or helpful to ensure such committee is effective to the gover-
nor and legislature.
SUMMARY OF PROVISIONS:
Section 1 adds five new subdivisions to Section 179-aa of the state
finance law, as amended by chapter 672 of the laws of 2019 to provide
the creation of such advisory committee to consist of seven members,
three of which shall be appointed by the governor
who, each of whom
shall be representatives of not-for-profit organizations providing
services in the state.
It further requires that (two) representatives, one each, to be
appointed by the chair of the senate committee on procurements and
contracts, and the chair of the assembly committee on governmental oper-
ations. Such members shall be appointed on staggered terms to ensure
continuity and knowledge sharing. Eight additional non-voting members
shall be appointed as ex officio members of the committee,
one each
designed from the following entities, the division of the budget, the
department of law, the office of the state comptroller, and the educa-
tion department.
The bill requires that the advisory committee shall meet at least quar-
terly each calendar year and such committee is authorized to promulgate
by-laws they see fit in accordance with this section. The bill also
promulgates the advisory committee to perform the following function:
(i) independently advise the governor, the legislature, the comptroller
and the state agencies on the implementation and operation of this arti-
cle, and provide expert comment, if requested by such on the implementa-
tion and operation of the provisions contained within this article and
issue an annual report on such, which shall be made publicly accessible.
In addition, the committee shall regularly review and report on state
agency compliance with the statutory timelines specified in section one
hundred seventy-nine-z of this article; periodically review and report
on the use of the state's grant management system by contracting agen-
cies or any other centralized systems that may be introduced from time
to time to streamline agencies' work; review annually and provide
comment on the report by the office of the state comptroller made pursu-
ant to section one hundred seventy nine-bb of this article; receive, and
if necessary invite, feedback from state agencies on how the process of
procurement, contracting, and vetting of not-for-profit organizations
can be improved, make the necessary recommendations, and ensure imple-
mentation of such recommendations; issue any recommendations deemed
necessary or helpful to ensure such committee is effectively operational
to the governor and the legislature.
Finally, if the advisory committee is found not to be in compliance with
any of the provisions of this section, the governor may, upon motion by
any member of the legislature, the chair of the advisory committee, or
by the governor's own initiative, dissolve such advisory committee and
reappoint the advisory committee with new members pursuant to subdivi-
sion on of this section, provided, however, the chair if the senate
committee on procurements and contracts, and the chair of the assembly
committee on governmental operations shall remain.
JUSTIFICATION:
In New York State, not-for-profit organizations at times struggle
procuring and keeping track of grants as well as timelines provided by
the state. In order to quell this mismanagement, the creation of an
advisory committee whose tasks it is to specifically deal with not-for-
profit organizations is essential in ensuring the streamlining of
resources and contracts.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
7531
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
tee on Governmental Operations
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10477-01-3
A. 7531 2
1 2. The governor shall designate an appointee to serve as chair of the
2 committee.
3 3. The advisory committee shall meet at least quarterly [and upon its
4 own initiative may: comment and] each calendar year. Such committee is
5 authorized to promulgate by-laws they see fit in accordance with this
6 section.
7 4. (a) The advisory committee shall perform the following functions:
8 (i) independently advise the governor, the legislature, the comp-
9 troller and state agencies on the implementation and operation of this
10 article, and provide expert comment, if requested by such on the imple-
11 mentation and operation of the provisions contained within this article
12 and issue an annual report on such, which shall be made publicly acces-
13 sible;
14 (ii) comment, monitor and report on the implementation and operation
15 of the not-for-profit short-term revolving loan fund[; advise the gover-
16 nor, comptroller and state agencies on the implementation and operation
17 of this article; evaluate the benefits of requiring all state agencies
18 to use standard contract language and the extent to which standard
19 language may be effectively included in contracts with not-for-profit
20 organizations; review annually the report of the office of the state
21 comptroller made pursuant to section one hundred seventy-nine-bb of this
22 article; and propose any legislation they deem necessary to improve the
23 fund and this article. The committee shall], as provided for in section
24 one hundred seventy-nine-z of this article;
25 (iii) regularly review and report on state agency compliance with the
26 statutory timelines specified in section one hundred seventy-nine-s of
27 this article;
28 (iv) periodically review and report on the use of the state's grant
29 management system by contracting agencies or any other centralized
30 systems that may be introduced from time to time to streamline agencies'
31 work;
32 (v) review annually and provide comment on the report by the office of
33 the state comptroller made pursuant to section one hundred seventy-nine-
34 bb of this article;
35 (vi) receive, and if necessary invite, feedback from state agencies on
36 how the process of procurement, contracting, and vetting of not-for-pro-
37 fit organizations can be improved, make the necessary recommendations,
38 and ensure implementation of such recommendations;
39 (vii) issue any recommendations deemed necessary or helpful to ensure
40 such committee is effectively operational to the governor and the legis-
41 lature; and
42 (viii) report to the governor and the legislature with recommendations
43 on improving the contracting procedures with not-for-profit organiza-
44 tions which receive state funds through the intermediary of munici-
45 palities.
46 (b) Such reports shall be due annually not later than December first.
47 5. If the advisory committee is found not to be in compliance with any
48 of the provisions of this section, the governor may, upon motion by any
49 member of the legislature, the chair of the advisory committee, or by
50 the governor's own initiative, dissolve such advisory committee and
51 reappoint the advisory committee with new members pursuant to subdivi-
52 sion one of this section, provided, however, the chair of the senate
53 committee on procurements and contracts, and the chair of the assembly
54 committee on governmental operations shall remain.
55 § 2. This act shall take effect on the ninetieth day after it shall
56 have become a law.
