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Assembly Bill A5128C

Vetoed By Governor

2011-2012 Legislative Session

Relates to the cost effectiveness of consultant contracts by state agencies

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Archive: Last Bill Status Via S7782 - Vetoed by Governor

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Bill Amendments

co-Sponsors

2011-A5128 - Details

See Senate Version of this Bill:
S7782
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5643
2015-2016: S6810
2017-2018: S383
2019-2020: S6048
2021-2022: S5356

2011-A5128 - Summary

Relates to the cost effectiveness of consultant contracts by state agencies; defines "consultant services".

2011-A5128 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5128

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the state finance law, in relation to  the  cost  effec-
  tiveness of consultant contracts by state agencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 163 of the state finance law is amended by adding a
new subdivision 15 to read as follows:
  15. A. BEFORE A STATE AGENCY ENTERS INTO  A  CONTRACT  FOR  CONSULTANT
SERVICES  WHICH  IS  ANTICIPATED TO COST MORE THAN FIVE HUNDRED THOUSAND
DOLLARS IN A TWELVE MONTH PERIOD THE STATE AGENCY SHALL CONDUCT  A  COST
COMPARISON  REVIEW  TO  DETERMINE WHETHER THE SERVICES TO BE PROVIDED BY
THE CONSULTANT CAN BE PERFORMED AT EQUAL  OR  LOWER  COST  BY  UTILIZING
STATE  EMPLOYEES,  UNLESS  THE  CONTRACT MEETS ONE OF THE EXCEPTIONS SET
FORTH IN PARAGRAPH B OF THIS SUBDIVISION. AS USED IN  THIS  SECTION  THE
TERM  "CONSULTANT  SERVICES"  SHALL  MEAN ANY CONTRACT ENTERED INTO BY A
STATE AGENCY FOR ANALYSIS, EVALUATION, RESEARCH, TRAINING, DATA PROCESS-
ING, COMPUTER  PROGRAMMING,  ENGINEERING,  ARCHITECTURE,  ENVIRONMENTAL,
HEALTH  SERVICES, MENTAL HEALTH SERVICES, ACCOUNTING, AUDITING, OR SIMI-
LAR SERVICES, BUT SHALL  NOT  INCLUDE  LEGAL  SERVICES  OR  SERVICES  IN
CONNECTION  WITH  LITIGATION  INCLUDING  EXPERT  WITNESSES AND SHALL NOT
INCLUDE CONTRACTS FOR CONSTRUCTION OR PUBLIC WORKS. THE COST  COMPARISON
SHALL  COMPARE  THE  ANTICIPATED  COST  OF  CONSULTANT SERVICES WITH THE
ANTICIPATED COST  OF  PROVIDING  SIMILAR  SERVICES  BY  STATE  EMPLOYEES
INCLUDING  THE  COST  OF  SALARIES  AND BENEFITS OF ANY ADDITIONAL STATE
EMPLOYEES THAT WOULD BE REQUIRED TO PERFORM  THE  SERVICES.  THE  ANTIC-
IPATED  COST  OF  CONSULTANT SERVICES SHALL INCLUDE ALL COSTS ASSOCIATED
WITH THE CONTRACT INCLUDING THE COST TO THE STATE AGENCY OF  ADMINISTER-
ING THE CONTRACT.
  B. A COST COMPARISON SHALL NOT BE REQUIRED IF:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08162-01-1

co-Sponsors

multi-Sponsors

2011-A5128A - Details

See Senate Version of this Bill:
S7782
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5643
2015-2016: S6810
2017-2018: S383
2019-2020: S6048
2021-2022: S5356

2011-A5128A - Summary

Relates to the cost effectiveness of consultant contracts by state agencies; defines "consultant services".

2011-A5128A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5128--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced by M. of A. BRONSON, LUPARDO -- read once and referred to the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the state finance law, in relation to the cost effec-
  tiveness of consultant contracts by state agencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 163 of the state finance law is amended by adding a
new subdivision 15 to read as follows:
  15.  CONSULTANT  SERVICES.  A.  BEFORE  A  STATE  AGENCY ENTERS INTO A
CONTRACT FOR CONSULTANT SERVICES WHICH IS ANTICIPATED TO COST MORE  THAN
FIVE  HUNDRED THOUSAND DOLLARS IN A TWELVE MONTH PERIOD THE STATE AGENCY
SHALL CONDUCT A COST COMPARISON REVIEW TO DETERMINE WHETHER THE SERVICES
TO BE PROVIDED BY THE CONSULTANT CAN BE PERFORMED AT EQUAL OR LOWER COST
BY UTILIZING STATE EMPLOYEES, UNLESS  THE  CONTRACT  MEETS  ONE  OF  THE
EXCEPTIONS  SET  FORTH  IN  PARAGRAPH B OF THIS SUBDIVISION. AS  USED IN
THIS SECTION, THE TERM "CONSULTANT SERVICES"  SHALL  MEAN  ANY  CONTRACT
ENTERED  INTO  BY  A  STATE  AGENCY  FOR ANALYSIS, EVALUATION, RESEARCH,
TRAINING, DATA PROCESSING, COMPUTER PROGRAMMING, ENGINEERING,  ARCHITEC-
TURE,  ENVIRONMENTAL,  HEALTH SERVICES, MENTAL HEALTH SERVICES, ACCOUNT-
ING, AUDITING, OR SIMILAR SERVICES, BUT SHALL NOT INCLUDE LEGAL SERVICES
OR SERVICES IN CONNECTION WITH LITIGATION INCLUDING EXPERT WITNESSES AND
SHALL NOT INCLUDE CONTRACTS FOR CONSTRUCTION OF PUBLIC WORKS.  THE  COST
COMPARISON  SHALL  COMPARE  THE  ANTICIPATED COST OF CONSULTANT SERVICES
WITH THE ANTICIPATED COST OF PROVIDING SIMILAR SERVICES BY STATE EMPLOY-
EES INCLUDING THE COST OF SALARIES AND BENEFITS OF ANY ADDITIONAL  STATE
EMPLOYEES  THAT  WOULD  BE  REQUIRED TO PERFORM THE SERVICES. THE ANTIC-
IPATED COST OF CONSULTANT SERVICES SHALL INCLUDE  ALL  COSTS  ASSOCIATED
WITH  THE CONTRACT INCLUDING THE COST TO THE STATE AGENCY OF ADMINISTER-
ING THE CONTRACT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08162-02-1

co-Sponsors

multi-Sponsors

2011-A5128B - Details

See Senate Version of this Bill:
S7782
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5643
2015-2016: S6810
2017-2018: S383
2019-2020: S6048
2021-2022: S5356

2011-A5128B - Summary

Relates to the cost effectiveness of consultant contracts by state agencies; defines "consultant services".

2011-A5128B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5128--B
                                                        Cal. No. 176

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. BRONSON, LUPARDO, JAFFEE, MAISEL, GALEF, COLTON,
  ROBERTS, N. RIVERA, BOYLAND -- Multi-Sponsored by -- M. of A.  JACOBS,
  McENENY, P. RIVERA, SWEENEY -- read once and referred to the Committee
  on  Governmental  Operations  --  committee  discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  ordered to a third reading -- advanced to a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend the state finance law, in relation to the cost effec-
  tiveness of consultant contracts by state agencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 163 of the state finance law is amended by adding a
new subdivision 15 to read as follows:
  15.  CONSULTANT  SERVICES.  A.  BEFORE  A  STATE  AGENCY ENTERS INTO A
CONTRACT FOR CONSULTANT SERVICES WHICH IS ANTICIPATED TO COST MORE  THAN
FIVE  HUNDRED THOUSAND DOLLARS IN A TWELVE MONTH PERIOD THE STATE AGENCY
SHALL CONDUCT A COST COMPARISON REVIEW TO DETERMINE WHETHER THE SERVICES
TO BE PROVIDED BY THE CONSULTANT CAN BE PERFORMED AT EQUAL OR LOWER COST
BY UTILIZING STATE EMPLOYEES, UNLESS  THE  CONTRACT  MEETS  ONE  OF  THE
EXCEPTIONS  SET  FORTH  IN  PARAGRAPH B OF THIS SUBDIVISION. AS  USED IN
THIS SECTION, THE TERM "CONSULTANT SERVICES"  SHALL  MEAN  ANY  CONTRACT
ENTERED  INTO  BY  A  STATE  AGENCY  FOR ANALYSIS, EVALUATION, RESEARCH,
TRAINING, DATA PROCESSING, COMPUTER PROGRAMMING, ENGINEERING,  ARCHITEC-
TURE,  ENVIRONMENTAL,  HEALTH SERVICES, MENTAL HEALTH SERVICES, ACCOUNT-
ING, AUDITING, OR SIMILAR SERVICES, BUT SHALL NOT INCLUDE LEGAL SERVICES
OR SERVICES IN CONNECTION WITH LITIGATION INCLUDING EXPERT WITNESSES AND
SHALL NOT INCLUDE  CONTRACTS  FOR  CONSTRUCTION  OF  PUBLIC  WORKS.  FOR
PURPOSES  OF  THIS  SUBDIVISION, THE COSTS OF PERFORMING THE SERVICES BY
STATE EMPLOYEES SHALL INCLUDE ANY SALARY, PENSION COSTS, OR OTHER  BENE-
FITS  INCLUDING  ANY  INCREMENTAL COSTS THAT ARE REQUIRED FOR EQUIPMENT,
FACILITIES OR OTHER OVERHEAD. THE COSTS  OF  CONSULTANT  SERVICES  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2011-A5128C (ACTIVE) - Details

See Senate Version of this Bill:
S7782
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5643
2015-2016: S6810
2017-2018: S383
2019-2020: S6048
2021-2022: S5356

2011-A5128C (ACTIVE) - Summary

Relates to the cost effectiveness of consultant contracts by state agencies; defines "consultant services".

2011-A5128C (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5128--C
                                                        Cal. No. 176

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. BRONSON, LUPARDO, JAFFEE, MAISEL, GALEF, COLTON,
  ROBERTS, N. RIVERA, BOYLAND, DenDEKKER, ENGLEBRIGHT -- Multi-Sponsored
  by -- M.  of A. JACOBS, McENENY, P. RIVERA, SWEENEY -- read  once  and
  referred  to  the  Committee  on  Governmental Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- ordered to a third reading -- advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order  of  third  reading  --  passed by Assembly and delivered to the
  Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend the state finance law, in relation to the cost effec-
  tiveness of consultant contracts by the state agencies; and  providing
  for the repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 163 of the state finance law is amended by adding a
new subdivision 15 to read as follows:
  15. CONSULTANT SERVICES. A.  BEFORE  A  STATE  AGENCY  ENTERS  INTO  A
CONTRACT  FOR CONSULTANT SERVICES WHICH IS ANTICIPATED TO COST MORE THAN
FIVE HUNDRED THOUSAND DOLLARS IN A TWELVE MONTH PERIOD THE STATE  AGENCY
SHALL CONDUCT A COST COMPARISON REVIEW TO DETERMINE WHETHER THE SERVICES
TO BE PROVIDED BY THE CONSULTANT CAN BE PERFORMED AT EQUAL OR LOWER COST
BY  UTILIZING  STATE  EMPLOYEES,  UNLESS  THE  CONTRACT MEETS ONE OF THE
EXCEPTIONS SET FORTH IN PARAGRAPH B OF THIS SUBDIVISION.  AS    USED  IN
THIS  SECTION,  THE  TERM  "CONSULTANT SERVICES" SHALL MEAN ANY CONTRACT
ENTERED INTO BY A  STATE  AGENCY  FOR  ANALYSIS,  EVALUATION,  RESEARCH,
TRAINING, DATA PROCESSING, COMPUTER PROGRAMMING, HEALTH SERVICES, MENTAL
HEALTH  SERVICES,  ACCOUNTING,  AUDITING, OR SIMILAR SERVICES, BUT SHALL
NOT INCLUDE ANY PROFESSIONAL DESIGN SERVICES, LEGAL SERVICES OR SERVICES
IN CONNECTION WITH LITIGATION INCLUDING EXPERT WITNESSES AND  SHALL  NOT
INCLUDE  CONTRACTS  FOR  CONSTRUCTION,  DESIGN,  OR RELATED PROFESSIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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