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 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2011-S7782 (ACTIVE) - Details

See Assembly Version of this Bill:
A5128
Law Section:
State Finance Law
Laws Affected:
Amd ยง163, 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-S7782 (ACTIVE) - Summary

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

2011-S7782 (ACTIVE) - 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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