Senate Bill S8940

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8940
 
                             I N  S E N A T E
 
                              August 24, 2020
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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  reducing  service
   contract  payments  and  to  preclude the state from entering into new
   service contracts during a fiscal crisis
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 139-f of the state finance law is amended by adding
 a new subdivision 1-b to read as follows:
   1-B. SUSPENSION OF PAYMENTS IN THE EVENT OF A FISCAL CRISIS.  NOTWITH-
 STANDING  ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY OTHER LAW TO
 THE CONTRARY, IN THE EVENT THAT AN ADJUSTMENT OR REDUCTION IN THE APPRO-
 PRIATIONS AUTHORIZED FOR STATE OPERATIONS PURSUANT TO CHAPTER  FIFTY  OF
 THE  LAWS  OF TWO THOUSAND TWENTY IS EFFECTUATED PURSUANT TO SUBDIVISION
 SEVEN OF SECTION TWENTY-THREE OF THIS CHAPTER OR PURSUANT TO  ANY  OTHER
 LAW OR EXECUTIVE ORDER, THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL
 EFFECTUATE CORRESPONDING REDUCTIONS IN PAYMENTS TO CONTRACTORS PROVIDING
 SERVICES  PURSUANT  TO  THIS  ARTICLE AND TO OTHER CONTRACTORS PROVIDING
 SERVICES PURSUANT TO SECTIONS ONE HUNDRED THIRTY-SIX, ONE HUNDRED  THIR-
 TY-SIX-A,  ONE HUNDRED THIRTY-SIX-B AND ONE HUNDRED THIRTY-SIX-C OF THIS
 ARTICLE FOR THE DURATION OF THAT FISCAL YEAR,  PROVIDED,  HOWEVER,  THAT
 THOSE  PAYMENTS  REQUIRED TO SATISFY CONTRACTUAL OBLIGATIONS TO PAY DEBT
 SERVICE OR CONTINGENT  CONTRACTUAL  OBLIGATIONS  OR  OTHERWISE  REQUIRED
 PURSUANT TO SECTION FOUR OF THIS CHAPTER SHALL BE PAID.
   §  2. Paragraph a of subdivision 4 of section 163 of the state finance
 law, as added by chapter 83 of the laws of 1995, is amended to  read  as
 follows:
   a.  The purchase of services by state agencies including the office of
 general services shall be conducted in  a  manner  which  accords  first
 priority  to preferred sources in accordance with the provisions of this
 article when the services required are available in the  form,  function
 and  utility  required  by  state  agencies  through a preferred source,
 PROVIDED, HOWEVER, THAT NO STATE AGENCY SHALL BE PERMITTED TO ENTER INTO
 ANY NEW CONTRACT OR CONTRACTS FOR SERVICES AFTER THE DATE  ON  WHICH  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17180-02-0

 S. 8940                             2
 
 ADJUSTMENT OR REDUCTION IN THE APPROPRIATIONS AUTHORIZED FOR STATE OPER-
 ATIONS  PURSUANT  TO CHAPTER FIFTY OF THE LAWS OF TWO THOUSAND TWENTY IS
 EFFECTUATED PURSUANT TO SUBDIVISION SEVEN  OF  SECTION  TWENTY-THREE  OF
 THIS  CHAPTER OR PURSUANT TO ANY OTHER LAW OR EXECUTIVE ORDER, PROVIDED,
 FURTHER, THAT AGENCIES SHALL SUBMIT ANY REQUEST  FOR  CONTRACT  SERVICES
 AUTHORIZED  PURSUANT TO THIS SECTION AS A SEPARATE APPROPRIATION REQUEST
 FOR EACH CONTRACT SERVICE IN THE EXECUTIVE  BUDGET  SUBMISSION  FOR  THE
 NEXT  FISCAL  YEAR  REQUIRED BY SUBDIVISION ONE OF SECTION TWENTY-TWO OF
 THIS CHAPTER.
   § 3. Paragraph a-1 of subdivision 3 of section 22 of the state finance
 law, as added by chapter 10 of the laws of 2006, is amended to  read  as
 follows:
   a-1.  For each state agency, the appropriations, including reappropri-
 ations, made for the current fiscal year and recommended for the ensuing
 fiscal  year  for  contracts  for  services  made  for  state  purposes,
 PROVIDED, HOWEVER, IN THE EVENT AN ADJUSTMENT OR REDUCTION IN THE APPRO-
 PRIATIONS  AUTHORIZED  FOR STATE OPERATIONS PURSUANT TO CHAPTER FIFTY OF
 THE LAWS OF TWO THOUSAND TWENTY IS EFFECTUATED PURSUANT  TO  SUBDIVISION
 SEVEN  OF  SECTION TWENTY-THREE OF THIS CHAPTER OR PURSUANT TO ANY OTHER
 LAW OR EXECUTIVE ORDER, EACH STATE AGENCY SHALL  SUBMIT  A  REQUEST  FOR
 EACH  CONTRACT SERVICE OR SERVICES NOT PREVIOUSLY AUTHORIZED PURSUANT TO
 SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAPTER AS A SEPARATE  APPROPRI-
 ATION  REQUEST  IN THE NEXT ENSUING EXECUTIVE BUDGET SUBMISSION REQUIRED
 FOR THE NEXT STATE FISCAL YEAR PURSUANT TO THIS SECTION.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  made  to paragraph a of subdivision 4 of section 163 of
 the state finance law by section two of this act shall  not  affect  the
 expiration  and  repeal  of  such section and shall expire and be deemed
 repealed therewith.