S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9553
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10477-01-3
 S. 9553                             2
 
 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.