senate Bill S7782

Vetoed By Governor
2011-2012 Legislative Session

Relates to the cost effectiveness of consultant contracts by state agencies

download bill text pdf

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Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 vetoed memo.150
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to senate
passed assembly
ordered to third reading cal.176
substituted for a5128c
referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.1499
Jun 18, 2012 referred to rules

S7782 - Details

See Assembly Version of this Bill:
A5128C
Law Section:
State Finance Law
Laws Affected:
Amd ยง163, St Fin L

S7782 - Summary

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

S7782 - Bill Text download pdf

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

                                  7782

                            I N  S E N A T E

                              June 18, 2012
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
DESIGN  SERVICES  OF PUBLIC WORKS. FOR PURPOSES OF THIS SUBDIVISION, THE
COSTS OF PERFORMING THE SERVICES BY STATE EMPLOYEES  SHALL  INCLUDE  ANY
SALARY,  PENSION COSTS, ALL OTHER BENEFIT COSTS, COSTS THAT ARE REQUIRED
FOR EQUIPMENT, FACILITIES AND ALL OTHER OVERHEAD. THE COSTS OF  CONSULT-
ANT  SERVICES  SHALL  INCLUDE  THE TOTAL COST OF THE CONTRACT.  THE COST
COMPARISON SHALL BE EXPRESSED WHERE FEASIBLE AS AN HOURLY RATE, OR WHERE
SUCH A CALCULATION IS NOT FEASIBLE, AS A TOTAL ESTIMATED  COST  FOR  THE
ANTICIPATED TERM OF THE CONTRACT.
  B.  THE  ESTIMATED COST OF A COMPARISON STUDY SHALL INCLUDE THE FINAN-
CIAL COSTS TO THE STATE INCLUDING THE DIRECT SALARIES  AND  BENEFITS  OF
EMPLOYEES CONDUCTING THE STUDY AS WELL AS ALL OF THEIR RESPECTIVE DIRECT

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

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