Bill Text: NY S04109 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that in the event that an adjustment or reduction in the appropriations authorized for state operations under the 2020 state budget is effectuated, the director of the division of the budget shall effectuate corresponding reductions in payments to contractors providing services for the duration of that fiscal year; excludes debt service payments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO PROCUREMENT AND CONTRACTS [S04109 Detail]

Download: New_York-2021-S04109-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4109

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 2, 2021
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Procurement and Contracts

        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:

     1    Section 1. Section 139-f of the state finance law is amended by adding
     2  a new subdivision 1-c to read as follows:
     3    1-c. Suspension of payments in the event of a fiscal crisis.  Notwith-
     4  standing  any inconsistent provision of this section or any other law to
     5  the contrary, in the event that an adjustment or reduction in the appro-
     6  priations authorized for state operations pursuant to chapter  fifty  of
     7  the  laws  of two thousand twenty is effectuated pursuant to subdivision
     8  seven of section twenty-three of this chapter or pursuant to  any  other
     9  law or executive order, the director of the division of the budget shall
    10  effectuate corresponding reductions in payments to contractors providing
    11  services  pursuant  to  this  article and to other contractors providing
    12  services pursuant to sections one hundred thirty-six, one hundred  thir-
    13  ty-six-a,  one hundred thirty-six-b and one hundred thirty-six-c of this
    14  article for the duration of that fiscal year,  provided,  however,  that
    15  those  payments  required to satisfy contractual obligations to pay debt
    16  service or contingent  contractual  obligations  or  otherwise  required
    17  pursuant to section four of this chapter shall be paid.
    18    §  2. Paragraph a of subdivision 4 of section 163 of the state finance
    19  law, as added by chapter 83 of the laws of 1995, is amended to  read  as
    20  follows:
    21    a.  The purchase of services by state agencies including the office of
    22  general services shall be conducted in  a  manner  which  accords  first
    23  priority  to preferred sources in accordance with the provisions of this
    24  article when the services required are available in the  form,  function

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08732-01-1
        S. 4109                             2

     1  and  utility  required  by  state  agencies  through a preferred source,
     2  provided, however, that no state agency shall be permitted to enter into
     3  any new contract or contracts for services after the date  on  which  an
     4  adjustment or reduction in the appropriations authorized for state oper-
     5  ations  pursuant  to chapter fifty of the laws of two thousand twenty is
     6  effectuated pursuant to subdivision seven  of  section  twenty-three  of
     7  this  chapter or pursuant to any other law or executive order, provided,
     8  further, that agencies shall submit any request  for  contract  services
     9  authorized  pursuant to this section as a separate appropriation request
    10  for each contract service in the executive  budget  submission  for  the
    11  next  fiscal  year  required by subdivision one of section twenty-two of
    12  this chapter.
    13    § 3. Paragraph a-1 of subdivision 3 of section 22 of the state finance
    14  law, as added by chapter 10 of the laws of 2006, is amended to  read  as
    15  follows:
    16    a-1.  For each state agency, the appropriations, including reappropri-
    17  ations, made for the current fiscal year and recommended for the ensuing
    18  fiscal  year  for  contracts  for  services  made  for  state  purposes,
    19  provided, however, in the event an adjustment or reduction in the appro-
    20  priations  authorized  for state operations pursuant to chapter fifty of
    21  the laws of two thousand twenty is effectuated pursuant  to  subdivision
    22  seven  of  section twenty-three of this chapter or pursuant to any other
    23  law or executive order, each state agency shall  submit  a  request  for
    24  each  contract service or services not previously authorized pursuant to
    25  section one hundred sixty-three of this chapter as a separate  appropri-
    26  ation  request  in the next ensuing executive budget submission required
    27  for the next state fiscal year pursuant to this section.
    28    § 4. This act shall take effect immediately; provided,  however,  that
    29  the  amendments  made  to paragraph a of subdivision 4 of section 163 of
    30  the state finance law by section two of this act shall  not  affect  the
    31  expiration  and  repeal  of  such section and shall expire and be deemed
    32  repealed therewith.