Assembly Bill A7055

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7055
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the executive law and the public authorities law, in
   relation to prohibiting any governmental entity from  outsourcing  any
   function which can be performed by such entity

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  170-i
 to read as follows:
   § 170-I. OUTSOURCING  PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "GOVERNMENTAL ENTITY" SHALL  MEAN:  (I)  ANY  AGENCY,  DEPARTMENT,
 BOARD, BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFI-
 CER OF THE STATE, WHETHER PERMANENT OR TEMPORARY; (II) EACH HOUSE OF THE
 STATE  LEGISLATURE;  (III)  THE  UNIFIED  COURT  SYSTEM; (IV) ANY PUBLIC
 AUTHORITY, PUBLIC BENEFIT CORPORATION OR COMMISSION CREATED BY OR EXIST-
 ING PURSUANT TO THE PUBLIC AUTHORITIES LAW; (V) ANY PUBLIC AUTHORITY  OR
 PUBLIC  BENEFIT  CORPORATION, AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED
 BY THE GOVERNOR OR WHO SERVES AS A MEMBER BY VIRTUE OF HOLDING  A  CIVIL
 OFFICE  OF  THE  STATE;  (VI) A SUBSIDIARY OR AFFILIATE OF SUCH A PUBLIC
 AUTHORITY; (VII) ANY MUNICIPALITY OF THE STATE OR ANY POLITICAL SUBDIVI-
 SION THEREOF; (VIII) A MUNICIPAL AGENCY, AS  THAT  TERM  IS  DEFINED  IN
 PARAGRAPH  (II)  OF  SUBDIVISION (S) OF SECTION ONE-C OF THE LEGISLATIVE
 LAW; OR (IX) THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY  OF
 NEW YORK.
   (B)  "OUTSOURCE" SHALL MEAN THE ACT OF A GOVERNMENTAL ENTITY CONTRACT-
 ING WITH ANOTHER ENTITY TO PERFORM A FUNCTION ABLE TO  BE  PERFORMED  BY
 SUCH GOVERNMENTAL ENTITY.
   2.  NO GOVERNMENTAL ENTITY SHALL OUTSOURCE ANY FUNCTION WHICH COULD BE
 PERFORMED BY SUCH GOVERNMENTAL ENTITY UNLESS SUCH OUTSOURCING IS SPECIF-
 ICALLY AUTHORIZED BY LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09586-01-5
              

 A. 7055                             2
 
   3. ANY GOVERNMENTAL ENTITY WHICH OUTSOURCED ANY FUNCTION PRIOR TO  THE
 EFFECTIVE  DATE  OF THIS SECTION, WHERE SUCH OUTSOURCING WAS IMPLEMENTED
 WITHOUT SPECIFIC STATUTORY APPROVAL, SHALL BE PROHIBITED  FROM  PREVIOUS
 AND  FURTHER  OUTSOURCING ON AND AFTER JANUARY FIRST NEXT SUCCEEDING THE
 EFFECTIVE  DATE  OF  THIS SECTION. SUCH GOVERNMENTAL ENTITY SHALL ENSURE
 ANY AND ALL MATERIALS AND COPIES THEREOF USED BY THE ENTITY THE FUNCTION
 WAS OUTSOURCED TO ARE RETURNED TO THE GOVERNMENTAL ENTITY OR DESTROYED.
   § 2. Article 1 of the public authorities law is amended  by  adding  a
 new title 3 to read as follows:
                                  TITLE 3
                               MISCELLANEOUS
 SECTION 10. OUTSOURCING PROHIBITED.
   § 10. OUTSOURCING PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "GOVERNMENTAL ENTITY" SHALL MEAN: (I) ANY AGENCY, STATE AUTHORITY,
 LOCAL  AUTHORITY,  INTERSTATE  OR  INTERNATIONAL  AUTHORITY, AUTHORITIES
 BUDGET OFFICE, DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVISION,  OFFICE,
 COUNCIL,  COMMITTEE OR OFFICER OF THE STATE, WHETHER PERMANENT OR TEMPO-
 RARY; (II) EACH HOUSE OF THE STATE LEGISLATURE; (III) THE UNIFIED  COURT
 SYSTEM; (IV) ANY PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION OR COMMIS-
 SION  CREATED BY OR EXISTING PURSUANT TO THE PUBLIC AUTHORITIES LAW; (V)
 ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT  CORPORATION,  AT  LEAST  ONE  OF
 WHOSE  MEMBERS IS APPOINTED BY THE GOVERNOR OR WHO SERVES AS A MEMBER BY
 VIRTUE OF HOLDING A CIVIL OFFICE OF THE  STATE;  (VI)  A  SUBSIDIARY  OR
 AFFILIATE  OF  SUCH  A  PUBLIC  AUTHORITY; (VII) ANY MUNICIPALITY OF THE
 STATE OR ANY POLITICAL SUBDIVISION THEREOF; (VIII) A  MUNICIPAL  AGENCY,
 AS  THAT TERM IS DEFINED IN PARAGRAPH (II) OF SUBDIVISION (S) OF SECTION
 ONE-C OF THE LEGISLATIVE LAW; (IX) THE STATE UNIVERSITY OF NEW  YORK  OR
 THE CITY UNIVERSITY OF NEW YORK; OR (X) ANY SUBSIDIARY THEREOF.
   (B)  "OUTSOURCE" SHALL MEAN THE ACT OF A GOVERNMENTAL ENTITY CONTRACT-
 ING WITH ANOTHER ENTITY TO PERFORM A FUNCTION ABLE TO  BE  PERFORMED  BY
 SUCH GOVERNMENTAL ENTITY.
   2.  NO GOVERNMENTAL ENTITY SHALL OUTSOURCE ANY FUNCTION WHICH COULD BE
 PERFORMED BY SUCH GOVERNMENTAL ENTITY UNLESS SUCH OUTSOURCING IS SPECIF-
 ICALLY AUTHORIZED BY LAW.
   3. ANY GOVERNMENTAL ENTITY WHICH OUTSOURCED ANY FUNCTION PRIOR TO  THE
 EFFECTIVE  DATE  OF THIS SECTION, WHERE SUCH OUTSOURCING WAS IMPLEMENTED
 WITHOUT SPECIFIC STATUTORY APPROVAL, SHALL BE  PROHIBITED  FROM  FURTHER
 OUTSOURCING  ON  AND  AFTER  JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE
 DATE OF THIS SECTION. SUCH GOVERNMENTAL ENTITY SHALL ENSURE ANY AND  ALL
 MATERIALS  AND  COPIES  THEREOF  USED  BY  THE  ENTITY  THE FUNCTION WAS
 OUTSOURCED TO ARE RETURNED TO THE GOVERNMENTAL ENTITY OR DESTROYED.
   § 3. This act shall take effect on the forty-fifth day after it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.