S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9156
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 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-h
 to read as follows:
   § 170-H. 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13203-03-4
 A. 9156                             2
 
 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.