NY State Senate Bill S4877

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2023	referred to governmental operations delivered to assembly passed senate
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1278
Mar 22, 2023	reported and committed to finance reported and committed to finance
Feb 16, 2023	referred to procurement and contracts

Votes

view votes

May 31, 2023 - floor Vote

S4877

floor

Aye

Nay

Absent

Excused

Abstained

May 23, 2023 - Finance committee Vote

S4877

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 22, 2023 - Procurement and Contracts committee Vote

S4877

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Procurement and Contracts committee vote details

Procurement and Contracts Committee Vote: Mar 22, 2023

aye (6)

aye wr (1)

Martins

Co-Sponsors

S4877 (ACTIVE) - Details

See Assembly Version of this Bill:: A2740
Law Section:: State Finance Law
Laws Affected:: Amd §§179-q, 179-s & 179-t, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S8792, A9741

S4877 (ACTIVE) - Summary

Reduces the number of days for a state agency to register contracts with not-for-profit organizations to thirty; defines registered contract.

S4877 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4877

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the state finance law, in relation to the time frame for
the implementation of contracts with not-for-profit corporations

 
PURPOSE:

To ensure a timely procurement process for nonprofits contracting with
the state.

 
SUMMARY OF PROVISIONS:

Section one cf the bill amends section 179-q of the state finance law to
define "reaistered contract."

Section two of the bill amends section 179-q of the state finance law to
require state agencies reaister contracts with not-for-profit organiza-
tions within thirty days of the start Aatg, cf the contract.

Section three sets forth the effective date.

 
JUSTIFICATION:

New York State often outsources crucial programs to non-profits, inolu-
dina early childhood education programs, mental health counselina, and
shelter for the homeless. The state relies on non-profit organizations
to provide these vital social services.  However, non-profit organiza-
tions that contract with the state have expressed concerns for years
about the slow contract and procurement process. In an effort to addrea
these concerns, the state enacted.  the Prompt COntractina Law in 1991
to help expedite contracts and reduce the fiscal stress on not for
profits. Thirty years later, the problem persists and ncn-prcfits are
facing Lmmense financial hardships as a result.

In May of 2020, the Office of the NS Comptroller released their "Not-For
Profit Prompt Contracting Annual Report" that found 5Crt of contracts in
2019 had not been approved until after the start date of such contracts,
compared to 470i of contracts in 2013. A non-profit cannot receive
payment from the state until the contract is formally approved by the
state comptroller. Sc, while non-profits are required to start providinc
services by the start date of their contracts, the state is not required
to pay them within the same timeframe.

In order for non-profits to begin their work, they often have to take
out lines of credit to finance their operations. The May 2020 NYS Comp-
troller report notes, "the failure of the state agencies to process
contracts on time harms not for profit service providers, which in turn
erodes service delivery to vulnerable populations." The report recom-
mends that state agencies "take responsibility for their critical roles,
and make prompt contracting a priority."

This bill seeks to address this issue by requiring a state agency to
register contracts with non-profit oraanizations within 30 days of the
start date of the contract. This bill ensures timely payments to these
organizations so that they can continue providing vital services to our
state and to all New Yorkers.
 
PRIOR LEGISLATIVE HISTORY:

S8792/ A9741A: Passed Senate; Referred to Governmental Operations in
Assembly

 
FISCAL IMPLICATIONS:

None.

This act shall take effect immediately.

S4877 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4877
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the state finance law, in relation to the time frame for
   the implementation of contracts with not-for-profit corporations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 179-q of the state finance law is amended by adding
 a new subdivision 8-a to read as follows:
   8-A.  "REGISTERED CONTRACT" MEANS A COMPLETED CONTRACT PACKAGE THAT IS
 SIGNED BY BOTH THE STATE AGENCY AND NOT-FOR-PROFIT ORGANIZATION AND SENT
 TO THE ATTORNEY GENERAL FOR APPROVAL.
   § 2. Subdivision 1 of section 179-s of the state finance law, as added
 by chapter 166 of the laws of 1991, is amended to read as follows:
   1. A state agency shall [have not more than  one  hundred  fifty  days
 following  the latest date on which any of the appropriations covered by
 the program plan become law to execute] REGISTER contracts with not-for-
 profit organizations pursuant to the program plan WITHIN THIRTY DAYS  OF
 THE  START  DATE OF THE CONTRACT. Upon execution of each contract by the
 state agency and the not-for-profit  organization,  the  contract  shall
 immediately  be  delivered  to  the attorney general for approval.   The
 attorney general shall within fifteen days  of  receipt  either  approve
 such  contract or disapprove and return the contract to the state agency
 with reasons therefor. Upon approval, the contract shall be delivered to
 the comptroller who shall within fifteen days of receipt either  approve
 and  file  such  contract  or  disapprove and return the contract to the
 state agency with his reasons therefor.
   § 3.  Section 179-t of the state finance law is amended  by  adding  a
 new subdivision 6 to read as follows:
   6. A STATE AGENCY SHALL REGISTER RENEWAL CONTRACTS WITH NOT-FOR-PROFIT
 ORGANIZATIONS  PURSUANT  TO  THE  PROGRAM PLAN WITHIN THIRTY DAYS OF THE
 START DATE OF THE RENEWED CONTRACT.
   § 4. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05711-01-3

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The New York State Senate

senate Bill S4877

Sponsored By

Current Bill Status - Passed Senate

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Votes

May 31, 2023 - floor Vote

Floor Vote: May 31, 2023

May 23, 2023 - Finance committee Vote

Finance Committee Vote: May 23, 2023

Mar 22, 2023 - Procurement and Contracts committee Vote

Procurement and Contracts Committee Vote: Mar 22, 2023

Co-Sponsors

S4877 (ACTIVE) - Details

S4877 (ACTIVE) - Summary

S4877 (ACTIVE) - Sponsor Memo

S4877 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4877

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Sponsored By

Shelley B. Mayer

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 31, 2023 - floor Vote

Floor Vote: May 31, 2023

May 23, 2023 - Finance committee Vote

Finance Committee Vote: May 23, 2023

Mar 22, 2023 - Procurement and Contracts committee Vote

Procurement and Contracts Committee Vote: Mar 22, 2023

Co-Sponsors

Brad Hoylman-Sigal

S4877 (ACTIVE) - Details

S4877 (ACTIVE) - Summary

S4877 (ACTIVE) - Sponsor Memo

S4877 (ACTIVE) - Bill Text download pdf

Comments