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A07055 Summary:

BILL NOA07055
 
SAME ASNo Same As
 
SPONSORBrown K
 
COSPNSRHawley, DeStefano
 
MLTSPNSR
 
Add §170-i, Exec L; add Art 1 Title 3 §10, Pub Auth L
 
Prohibits any governmental entity from outsourcing any function which can be performed by such entity except where specifically authorized by law.
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A07055 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7055
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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:
 
     1    Section 1. The executive law is amended by adding a new section  170-i
     2  to read as follows:
     3    § 170-i. Outsourcing  prohibited. 1. For the purposes of this section,
     4  the following terms shall have the following meanings:
     5    (a) "Governmental entity" shall  mean:  (i)  any  agency,  department,
     6  board, bureau, commission, division, office, council, committee or offi-
     7  cer of the state, whether permanent or temporary; (ii) each house of the
     8  state  legislature;  (iii)  the  unified  court  system; (iv) any public
     9  authority, public benefit corporation or commission created by or exist-
    10  ing pursuant to the public authorities law; (v) any public authority  or
    11  public  benefit  corporation, at least one of whose members is appointed
    12  by the governor or who serves as a member by virtue of holding  a  civil
    13  office  of  the  state;  (vi) a subsidiary or affiliate of such a public
    14  authority; (vii) any municipality of the state or any political subdivi-
    15  sion thereof; (viii) a municipal agency, as  that  term  is  defined  in
    16  paragraph  (ii)  of  subdivision (s) of section one-c of the legislative
    17  law; or (ix) the state university of New York or the city university  of
    18  New York.
    19    (b)  "Outsource" shall mean the act of a governmental entity contract-
    20  ing with another entity to perform a function able to  be  performed  by
    21  such governmental entity.
    22    2.  No governmental entity shall outsource any function which could be
    23  performed by such governmental entity unless such outsourcing is specif-
    24  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
 
     1    3. Any governmental entity which outsourced any function prior to  the
     2  effective  date  of this section, where such outsourcing was implemented
     3  without specific statutory approval, shall be prohibited  from  previous
     4  and  further  outsourcing on and after January first next succeeding the
     5  effective  date  of  this section. Such governmental entity shall ensure
     6  any and all materials and copies thereof used by the entity the function
     7  was outsourced to are returned to the governmental entity or destroyed.
     8    § 2. Article 1 of the public authorities law is amended  by  adding  a
     9  new title 3 to read as follows:
    10                                   TITLE 3
    11                                MISCELLANEOUS
    12  Section 10. Outsourcing prohibited.
    13    § 10. Outsourcing prohibited. 1. For the purposes of this section, the
    14  following terms shall have the following meanings:
    15    (a) "Governmental entity" shall mean: (i) any agency, state authority,
    16  local  authority,  interstate  or  international  authority, authorities
    17  budget office, department, board, bureau, commission, division,  office,
    18  council,  committee or officer of the state, whether permanent or tempo-
    19  rary; (ii) each house of the state legislature; (iii) the unified  court
    20  system; (iv) any public authority, public benefit corporation or commis-
    21  sion  created by or existing pursuant to the public authorities law; (v)
    22  any public authority or public benefit  corporation,  at  least  one  of
    23  whose  members is appointed by the governor or who serves as a member by
    24  virtue of holding a civil office of the  state;  (vi)  a  subsidiary  or
    25  affiliate  of  such  a  public  authority; (vii) any municipality of the
    26  state or any political subdivision thereof; (viii) a  municipal  agency,
    27  as  that term is defined in paragraph (ii) of subdivision (s) of section
    28  one-c of the legislative law; (ix) the state university of New  York  or
    29  the city university of New York; or (x) any subsidiary thereof.
    30    (b)  "Outsource" shall mean the act of a governmental entity contract-
    31  ing with another entity to perform a function able to  be  performed  by
    32  such governmental entity.
    33    2.  No governmental entity shall outsource any function which could be
    34  performed by such governmental entity unless such outsourcing is specif-
    35  ically authorized by law.
    36    3. Any governmental entity which outsourced any function prior to  the
    37  effective  date  of this section, where such outsourcing was implemented
    38  without specific statutory approval, shall be  prohibited  from  further
    39  outsourcing  on  and  after  January first next succeeding the effective
    40  date of this section. Such governmental entity shall ensure any and  all
    41  materials  and  copies  thereof  used  by  the  entity  the function was
    42  outsourced to are returned to the governmental entity or destroyed.
    43    § 3. This act shall take effect on the forty-fifth day after it  shall
    44  have become a law. Effective immediately, the addition, amendment and/or
    45  repeal  of  any  rule  or regulation necessary for the implementation of
    46  this act on its effective date are authorized to be made  and  completed
    47  on or before such effective date.
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