Senate Bill S3093

2011-2012 Legislative Session

Relates to the cost effectiveness of consultant contracts by state agencies

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Bill Amendments

co-Sponsors

2011-S3093 - Details

Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L

2011-S3093 - Summary

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

2011-S3093 - Sponsor Memo

2011-S3093 - Bill Text download pdf

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

                                  3093

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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  cost  effec-
  tiveness of consultant contracts by the 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.
  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.
                                                           LBD08715-01-1

              

co-Sponsors

2011-S3093A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L

2011-S3093A (ACTIVE) - Summary

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

2011-S3093A (ACTIVE) - Sponsor Memo

2011-S3093A (ACTIVE) - Bill Text download pdf

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

                                 3093--A
    Cal. No. 665

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sens.  ROBACH, ADDABBO, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Finance
  --  recommitted  to the Committee on Finance in accordance with Senate
  Rule 6, sec. 8 -- 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  the  cost  effec-
  tiveness of consultant contracts by the 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
INCLUDE THE TOTAL COST OF THE CONTRACT PLUS ANY COSTS  INCURRED  BY  THE

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

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