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A05659 Summary:

BILL NOA05659
 
SAME ASSAME AS S02262
 
SPONSORZinerman
 
COSPNSRButtenschon, Woerner
 
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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A05659 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5659
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2025
                                       ___________
 
        Introduced  by  M. of A. ZINERMAN, BUTTENSCHON, WOERNER -- read once and
          referred to the Committee 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.
                                                                   LBD03575-01-5

        A. 5659                             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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