Senate Bill S5356

2021-2022 Legislative Session

Relates to the cost effectiveness of consultant contracts by state agencies

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly


  • 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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2021-S5356 (ACTIVE) - Details

See Assembly Version of this Bill:
A8159
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7782
2013-2014: S5643, A9698
2015-2016: S6810, A2499
2017-2018: S383, A2022
2019-2020: S6048, A5459
2023-2024: A6912

2021-S5356 (ACTIVE) - Summary

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

2021-S5356 (ACTIVE) - Sponsor Memo

2021-S5356 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5356
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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 state agencies and ensuring the
   efficient and effective use of state tax dollars

   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 16 to read as follows:
   16. CONSULTANT SERVICES. A.  BEFORE  A  STATE  AGENCY  ENTERS  INTO  A
 CONTRACT  FOR CONSULTANT SERVICES WHICH IS ANTICIPATED TO COST MORE THAN
 ONE MILLION 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 G 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,  THE  DESIGN,  DEVELOPMENT AND
 IMPLEMENTATION  OF  TECHNOLOGY,  COMMUNICATIONS  OR   TELECOMMUNICATIONS
 SYSTEMS OR THE INFRASTRUCTURE PERTAINING THERETO, INCLUDING HARDWARE AND
 SOFTWARE,  ENGINEERING  INCLUDING  INSPECTION  AND  PROFESSIONAL  DESIGN
 SERVICES, HEALTH SERVICES, MENTAL HEALTH SERVICES, ACCOUNTING, AUDITING,
 OR SIMILAR SERVICES AND SUCH SERVICES THAT ARE SUBSTANTIALLY SIMILAR  TO
 AND  IN LIEU OF SERVICES PROVIDED, IN WHOLE OR IN PART, BY STATE EMPLOY-
 EES, 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, ALL OTHER BENEFIT COSTS, COSTS THAT ARE REQUIRED
 FOR EQUIPMENT, FACILITIES AND ALL OTHER OVERHEAD. THE COSTS OF  CONSULT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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