STATE OF NEW YORK
________________________________________________________________________
4877--A
Cal. No. 1387
2023-2024 Regular Sessions
IN SENATE
February 16, 2023
___________
Introduced by Sens. MAYER, BAILEY, COONEY, FERNANDEZ, HARCKHAM, HOYL-
MAN-SIGAL, MAY -- read twice and ordered printed, and when printed to
be committed to the Committee on Procurement and Contracts -- recom-
mitted to the Committee on Procurement and Contracts in accordance
with Senate Rule 6, sec. 8 -- reported favorably from said committee
and committed to the Committee on Finance -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the state finance law, in relation to state agency
contracts with not-for-profit corporations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 179-q of the state finance law is amended by adding
2 a new subdivision 15 to read as follows:
3 15. "Noncompliant state agency" means a state agency that has failed
4 to execute certain contracts within required time frames.
5 § 2. Section 179-t of the state finance law is amended by adding a new
6 subdivision 4-a to read as follows:
7 4-a. A state agency shall be deemed to be noncompliant if, for six of
8 the last twelve preceding months, it has (a) failed to submit any
9 renewal contracts to the attorney general within the time frame required
10 by subdivision four of this section when not-for-profit organizations
11 are parties to such contracts and a written directive has been issued,
12 (b) failed to submit any renewal contracts to the attorney general prior
13 to commencement when not-for-profit organizations are parties to such
14 contracts, and/or (c) in any other manner failed to fully execute a
15 contract before its start date.
16 § 3. Section 179-bb of the state finance law is amended by adding a
17 new subdivision 4 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05711-05-4
S. 4877--A 2
1 4. (a) A noncompliant state agency shall prepare and transmit to the
2 office of the state comptroller, by the end of every month for which it
3 is noncompliant, a report addressing those renewal contracts which have
4 not been submitted to the attorney general within the time frame
5 required by subdivision four of section one hundred seventy-nine-t of
6 this article. In addition, such agency shall provide notification
7 regarding the submission of such report to the not-for-profit organiza-
8 tion it is contracting with. Such report shall (i) describe the
9 contracts that have not been submitted, (ii) detail the reasons the
10 contract has not been submitted, (iii) detail the steps the agency is
11 taking to submit and fully execute the contract, and (iv) provide an
12 estimate of when it shall submit and fully execute the contract. The
13 agency shall also make such reports publicly accessible on its website.
14 (b) Within six months of becoming a noncompliant state agency, such
15 agency shall prepare and transmit to the office of the state comp-
16 troller, the temporary president of the senate, and the speaker of the
17 assembly, a report describing its efforts to become compliant with the
18 requirements of section one hundred seventy-nine-t of this article. Such
19 report shall describe in detail efforts to revise internal policies and
20 procedures, identify bottlenecks and other barriers to efficient
21 contracting, retrain staff and management, incorporate improved manage-
22 ment practices, reform procurement processes, and any other factor which
23 will enable the agency to meet the requirements of section one hundred
24 seventy-nine-t of this article as related to not-for-profit organiza-
25 tions. The agency shall also prepare and deliver updated reports every
26 six months after the delivery of the first report describing the
27 progress it has made. Such reports shall also be posted on the agency's
28 website.
29 § 4. Subdivision 14 of section 179-q of the state finance law, as
30 added by chapter 166 of the laws of 1991, is amended to read as follows:
31 14. "Written directive" means a written request by a state agency to a
32 not-for-profit organization authorizing such organization either to
33 begin providing services during the negotiation of a contract or to
34 continue providing services during the negotiation of a renewal
35 contract. All written directives shall state that payment for the
36 services provided is subject to the availability of appropriations[,
37 execution of either the contract or renewal contract, and approval of
38 the contract or renewal contract by the comptroller and the attorney
39 general]. All written directives shall also include the state's payment
40 schedule, which will remain in effect until a contract is approved. Any
41 late payments from the state based on the schedule will be subject to
42 interest.
43 § 5. This act shall take effect immediately.
