A07531 Summary:

BILL NOA07531
 
SAME ASNo Same As
 
SPONSORZinerman
 
COSPNSR
 
MLTSPNSR
 
Amd 179-aa, St Fin L
 
Restructures the not-for-profit contracting advisory committee; provides for the issuance of additional reports.
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A07531 Actions:

BILL NOA07531
 
05/25/2023referred to governmental operations
01/03/2024referred to governmental operations
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A07531 Committee Votes:

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A07531 Memo:

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.
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A07531 Text:



 
                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.
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