S T A T E O F N E W Y O R K
________________________________________________________________________
7531
2023-2024 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 179-aa of the state finance law, as amended by
chapter 672 of the laws of 2019, is amended to read as follows:
§ 179-aa. Advisory committee. 1. There is hereby established a not-
for-profit contracting advisory committee. [The] SUCH advisory committee
shall consist of [sixteen members which shall include eight appointed
members, four to] 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, [and two] ONE each
to be appointed by the governor upon recommendation of the temporary
president of the senate and speaker of the assembly, [and eight] THE
CHAIR OF THE SENATE COMMITTEE ON PROCUREMENTS AND CONTRACTS, AND THE
CHAIR OF THE ASSEMBLY COMMITTEE ON GOVERNMENTAL OPERATIONS. 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] designated from THE FOLLOW-
ING ENTITIES, the division of the budget, the department of law, the
office of the state comptroller, and the education department. The
governor [shall] MAY also designate AN ADDITIONAL four NON-VOTING EX
OFFICIO members from [among] ANY OF the following agencies, PROVIDED
ONLY ONE SHALL BE DESIGNATED PER AGENCY: the department of state, the
office of children and family services, the office of temporary and
disability assistance, the department of health, the office of mental
hygiene, the office for people with developmental disabilities, and the
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
2. The governor shall designate an appointee to serve as chair of the
committee.
3. The advisory committee shall meet at least quarterly [and upon its
own initiative may: comment and] EACH CALENDAR YEAR. SUCH COMMITTEE IS
AUTHORIZED TO PROMULGATE BY-LAWS THEY SEE FIT IN ACCORDANCE WITH THIS
SECTION.
4. (A) THE ADVISORY COMMITTEE SHALL PERFORM THE FOLLOWING FUNCTIONS:
(I) INDEPENDENTLY ADVISE THE GOVERNOR, THE LEGISLATURE, THE COMP-
TROLLER AND STATE AGENCIES ON THE IMPLEMENTATION AND OPERATION OF THIS
ARTICLE, AND PROVIDE EXPERT COMMENT, IF REQUESTED BY SUCH ON THE IMPLE-
MENTATION AND OPERATION OF THE PROVISIONS CONTAINED WITHIN THIS ARTICLE
AND ISSUE AN ANNUAL REPORT ON SUCH, WHICH SHALL BE MADE PUBLICLY ACCES-
SIBLE;
(II) COMMENT, MONITOR AND report on the implementation and operation
of the not-for-profit short-term revolving loan fund[; advise the gover-
nor, comptroller and state agencies on the implementation and operation
of this article; evaluate the benefits of requiring all state agencies
to use standard contract language and the extent to which standard
language may be effectively included in contracts with not-for-profit
organizations; review annually the report of the office of the state
comptroller made pursuant to section one hundred seventy-nine-bb of this
article; and propose any legislation they deem necessary to improve the
fund and this article. The committee shall], AS PROVIDED FOR IN SECTION
ONE HUNDRED SEVENTY-NINE-Z OF THIS ARTICLE;
(III) REGULARLY REVIEW AND REPORT ON STATE AGENCY COMPLIANCE WITH THE
STATUTORY TIMELINES SPECIFIED IN SECTION ONE HUNDRED SEVENTY-NINE-S OF
THIS ARTICLE;
(IV) PERIODICALLY REVIEW AND REPORT ON THE USE OF THE STATE'S GRANT
MANAGEMENT SYSTEM BY CONTRACTING AGENCIES OR ANY OTHER CENTRALIZED
SYSTEMS THAT MAY BE INTRODUCED FROM TIME TO TIME TO STREAMLINE AGENCIES'
WORK;
(V) REVIEW ANNUALLY AND PROVIDE COMMENT ON THE REPORT BY THE OFFICE OF
THE STATE COMPTROLLER MADE PURSUANT TO SECTION ONE HUNDRED SEVENTY-NINE-
BB OF THIS ARTICLE;
(VI) RECEIVE, AND IF NECESSARY INVITE, FEEDBACK FROM STATE AGENCIES ON
HOW THE PROCESS OF PROCUREMENT, CONTRACTING, AND VETTING OF NOT-FOR-PRO-
FIT ORGANIZATIONS CAN BE IMPROVED, MAKE THE NECESSARY RECOMMENDATIONS,
AND ENSURE IMPLEMENTATION OF SUCH RECOMMENDATIONS;
(VII) ISSUE ANY RECOMMENDATIONS DEEMED NECESSARY OR HELPFUL TO ENSURE
SUCH COMMITTEE IS EFFECTIVELY OPERATIONAL TO THE GOVERNOR AND THE LEGIS-
LATURE; AND
(VIII) report to the governor and the legislature with recommendations
on improving the contracting procedures with not-for-profit organiza-
tions which receive state funds through the intermediary of munici-
palities.
(B) Such reports shall be due annually not later than December first.
5. 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 ONE OF THIS SECTION, PROVIDED, HOWEVER, THE CHAIR OF THE SENATE
COMMITTEE ON PROCUREMENTS AND CONTRACTS, AND THE CHAIR OF THE ASSEMBLY
COMMITTEE ON GOVERNMENTAL OPERATIONS SHALL REMAIN.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.