S02803 Summary:

BILL NO    S02803B

SAME AS    SAME AS A05872-A

SPONSOR    BALL

COSPNSR    ADDABBO, AVELLA, BONACIC, BOYLE, CARLUCCI, DEFRANCISCO, DIAZ, DILAN,
           ESPAILLAT, FARLEY, FELDER, FLANAGAN, GALLIVAN, GIPSON, GOLDEN,
           GRIFFO, GRISANTI, LANZA, LARKIN, LATIMER, LAVALLE, LIBOUS, LITTLE,
           MARCHIONE, MARTINS, MAZIARZ, NOZZOLIO, O'BRIEN, O'MARA, PARKER,
           RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, SMITH, VALESKY, YOUNG,
           ZELDIN

MLTSPNSR   

Add S369, Exec L

Provides a preference in state contracts for service-disabled veteran owned
small businesses.
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S02803 Actions:

BILL NO    S02803B

01/23/2013 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
03/12/2013 REPORTED AND COMMITTED TO FINANCE
04/18/2013 AMEND AND RECOMMIT TO FINANCE
04/18/2013 PRINT NUMBER 2803A
06/11/2013 REPORTED AND COMMITTED TO RULES
06/11/2013 ORDERED TO THIRD READING CAL.1245
06/12/2013 PASSED SENATE
06/12/2013 DELIVERED TO ASSEMBLY
06/12/2013 referred to governmental operations
01/08/2014 died in assembly
01/08/2014 returned to senate
01/08/2014 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
01/13/2014 AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
01/13/2014 PRINT NUMBER 2803B
02/04/2014 REPORTED AND COMMITTED TO FINANCE
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S02803 Votes:

There are no votes for this bill in this legislative session.
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S02803 Memo:

Memo not available
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S02803 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2803--B

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 23, 2013
                                      ___________

       Introduced  by  Sens.  BALL,  ADDABBO, AVELLA, BONACIC, BOYLE, CARLUCCI,
         DeFRANCISCO,  DIAZ,  DILAN,  ESPAILLAT,  FELDER,  FLANAGAN,  GALLIVAN,
         GIPSON,  GOLDEN,  GRISANTI,  LANZA,  LARKIN, LATIMER, LAVALLE, LIBOUS,
         MARCHIONE, MAZIARZ, NOZZOLIO,  O'MARA,  RANZENHOFER,  SAVINO,  SEWARD,
         SMITH,  VALESKY,  YOUNG, ZELDIN -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Veterans,  Homeland
         Security  and Military Affairs -- reported favorably from said commit-
         tee and committed to the Committee on Finance -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee  -- recommitted to the Committee on Veterans, Homeland Secu-
         rity and Military Affairs in accordance with Senate Rule 6, sec. 8  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee

       AN ACT to amend the executive law, in relation to state contract prefer-
         ence for service-disabled veteran owned small businesses

         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 369 to
    2  read as follows:
    3    S  369.  STATE  CONTRACT PREFERENCE FOR SERVICE-DISABLED VETERAN OWNED
    4  SMALL BUSINESSES. 1. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGIS-
    5  LATURE HEREBY FINDS AND DETERMINES THAT IT SHALL BE THE  POLICY  OF  THE
    6  STATE  OF  NEW YORK TO STRENGTHEN OPPORTUNITIES IN STATE CONTRACTING FOR
    7  SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES.
    8    THE LEGISLATURE HEREBY FURTHER FINDS  AND  DETERMINES  THAT  NEW  YORK
    9  STATE  SHOULD  HONOR THE EXTRAORDINARY SERVICE RENDERED TO OUR STATE AND
   10  THE UNITED STATES BY VETERANS WITH DISABILITIES INCURRED  OR  AGGRAVATED
   11  IN  THE  LINE  OF  DUTY  DURING  ACTIVE SERVICE WITH THE ARMED FORCES BY
   12  PROVIDING A CONTRACT PREFERENCE TO ALL  SERVICE-DISABLED  VETERAN  BUSI-
   13  NESSES.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07148-04-4
       S. 2803--B                          2

    1    2.  DEFINITIONS.  WHEN USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
    2  MEAN AND BE DEFINED AS FOLLOWS:
    3    (A)  "AGENCY"  MEANS  ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVI-
    4  SION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE,  OR  A  PUBLIC
    5  BENEFIT CORPORATION OR PUBLIC AUTHORITY AT LEAST ONE OF WHOSE MEMBERS IS
    6  APPOINTED  BY  THE  GOVERNOR, AUTHORIZED BY LAW TO MAKE RULES OR TO MAKE
    7  FINAL DECISIONS IN ADJUDICATORY PROCEEDINGS BUT SHALL  NOT  INCLUDE  THE
    8  GOVERNOR,  AGENCIES  IN  THE LEGISLATIVE AND JUDICIAL BRANCHES, AGENCIES
    9  CREATED BY INTERSTATE COMPACT OR INTERNATIONAL AGREEMENT,  THE  DIVISION
   10  OF  MILITARY  AND NAVAL AFFAIRS TO THE EXTENT IT EXERCISES ITS RESPONSI-
   11  BILITY FOR MILITARY AND NAVAL AFFAIRS, THE DIVISION OF STATE POLICE, THE
   12  IDENTIFICATION AND INTELLIGENCE UNIT OF THE DIVISION OF CRIMINAL JUSTICE
   13  SERVICES, THE STATE INSURANCE FUND, THE  UNEMPLOYMENT  INSURANCE  APPEAL
   14  BOARD, AND EXCEPT FOR PURPOSES OF SUBDIVISION ONE OF SECTION TWO HUNDRED
   15  TWO-D  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT, THE WORKERS' COMPEN-
   16  SATION BOARD AND EXCEPT FOR PURPOSES OF ARTICLE TWO OF THE STATE  ADMIN-
   17  ISTRATIVE PROCEDURE ACT, THE STATE DIVISION OF PAROLE AND THE DEPARTMENT
   18  OF CORRECTIONS AND COMMUNITY SUPERVISION;
   19    (B)  "SERVICE-DISABLED"  MEANS,  WITH  RESPECT TO DISABILITY, THAT THE
   20  DISABILITY WAS INCURRED OR AGGRAVATED IN THE LINE OF DUTY IN THE  ACTIVE
   21  SERVICE  IN  THE  UNITED  STATES  ARMY,  NAVY, AIR FORCE, MARINES, COAST
   22  GUARD, AND/OR RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL  GUARD,  AIR
   23  NATIONAL GUARD, NEW YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA;
   24    (C) "SERVICE-DISABLED VETERAN" MEANS A VETERAN, WHO INCURRED OR AGGRA-
   25  VATED  A  DISABILITY  IN  THE  LINE OF DUTY IN THE ACTIVE SERVICE IN THE
   26  UNITED STATES ARMY,  NAVY,  AIR  FORCE,  MARINES,  COAST  GUARD,  AND/OR
   27  RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD,
   28  NEW YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA; AND
   29    (D)   "SERVICE-DISABLED  VETERAN  BUSINESS"  MEANS  A  SMALL  BUSINESS
   30  CONCERN, EMPLOYING LESS THAN ONE HUNDRED PERSONS, OWNED  AND  CONTROLLED
   31  BY SERVICE-DISABLED VETERAN OR VETERANS.
   32    3.  CONTRACT  PREFERENCES  AND SET ASIDES. THE HEADS OF AGENCIES SHALL
   33  PROVIDE THE  OPPORTUNITY  FOR  SERVICE-DISABLED  VETERAN  BUSINESSES  TO
   34  SIGNIFICANTLY  INCREASE THE STATE CONTRACTING AND SUBCONTRACTING OF SUCH
   35  BUSINESSES.  TO ACHIEVE THAT OBJECTIVE, SUCH AGENCIES SHALL ESTABLISH  A
   36  GOAL OF NOT LESS THAN FIVE PERCENT FOR PARTICIPATION BY SERVICE-DISABLED
   37  VETERAN  BUSINESSES  IN  STATE  CONTRACTING, AND EACH AGENCY CONTRACTING
   38  OFFICER SHALL HAVE THE AUTHORITY TO  RESERVE  CERTAIN  PROCUREMENTS  FOR
   39  SERVICE-DISABLED  VETERAN BUSINESSES IN ORDER TO ACHIEVE COMPLIANCE WITH
   40  SUCH GOAL.
   41    4. DUTIES OF AGENCY HEADS. IN ORDER TO IMPLEMENT  THE  PROVISIONS  AND
   42  POLICY  ESTABLISHED IN SUBDIVISION THREE OF THIS SECTION, HEADS OF AGEN-
   43  CIES SHALL:
   44    (A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND  POLICY  ESTAB-
   45  LISHED  IN SUBDIVISION THREE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
   46  SUCH STRATEGY;
   47    (B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, HAVE SUCH  STRATEGY
   48  POSTED  UPON  THE  WEBSITE  OF  SUCH  AGENCY; AND REPORT ANNUALLY TO THE
   49  GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
   50  ASSEMBLY,  THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOME-
   51  LAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STAND-
   52  ING COMMITTEE ON VETERANS AFFAIRS ON THE IMPLEMENTATION OF THE  AGENCY'S
   53  STRATEGY;
   54    (C)  DESIGNATE A SENIOR-LEVEL OFFICIAL WITHIN SUCH AGENCY WHO SHALL BE
   55  RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING THE AGENCY'S STRATEGY;
       S. 2803--B                          3

    1    (D) INCLUDE DEVELOPMENT AND IMPLEMENTATION OF  THE  AGENCY'S  STRATEGY
    2  AND  ACHIEVEMENTS IN FURTHERANCE OF THE STRATEGY AS SIGNIFICANT ELEMENTS
    3  IN ANY PERFORMANCE PLANS OF THE AGENCY'S DESIGNATED AGENCY  SENIOR-LEVEL
    4  OFFICIAL AND CHIEF ACQUISITION OR PROCUREMENT OFFICER; AND
    5    (E) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
    6    (I) RESERVING AGENCY CONTRACTS EXCLUSIVELY FOR SERVICE-DISABLED VETER-
    7  AN BUSINESSES;
    8    (II)  ENCOURAGING  AND  FACILITATING PARTICIPATION BY SERVICE-DISABLED
    9  VETERAN BUSINESSES IN COMPETITIONS FOR AWARD OF AGENCY CONTRACTS;
   10    (III) ENCOURAGING AGENCY CONTRACTORS TO SUBCONTRACT WITH SERVICE-DISA-
   11  BLED VETERAN BUSINESSES AND ACTIVELY MONITORING  AND  EVALUATING  AGENCY
   12  CONTRACTORS' EFFORTS TO DO SO;
   13    (IV) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES RELATING
   14  TO   PARTICIPATION  OF  SERVICE-DISABLED  VETERAN  BUSINESSES  IN  STATE
   15  CONTRACTING; AND
   16    (V) DISSEMINATING INFORMATION TO SERVICE-DISABLED  VETERAN  BUSINESSES
   17  THAT  WOULD ASSIST THESE BUSINESSES IN PARTICIPATING IN AWARDS OF AGENCY
   18  CONTRACTS.
   19    5. DUTIES OF DEPUTY COMMISSIONER OF THE DIVISION FOR  SMALL  BUSINESS.
   20  THE  DEPUTY  COMMISSIONER RESPONSIBLE FOR HEADING THE DIVISION FOR SMALL
   21  BUSINESS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT,  AS  ESTABLISHED
   22  PURSUANT  TO  SECTION ONE HUNDRED THIRTY-TWO OF THE ECONOMIC DEVELOPMENT
   23  LAW, SHALL:
   24    (A) DESIGNATE AN APPROPRIATE ENTITY  WITHIN  THE  DIVISION  FOR  SMALL
   25  BUSINESS  THAT  SHALL,  IN  COORDINATION  WITH  THE DIVISION OF VETERANS
   26  AFFAIRS AND THE OFFICE OF THE STATE COMPTROLLER, PROVIDE TO SERVICE-DIS-
   27  ABLED VETERAN BUSINESSES INFORMATION AND ASSISTANCE  CONCERNING  PARTIC-
   28  IPATION IN STATE CONTRACTING;
   29    (B)  ADVISE  AND  ASSIST  HEADS OF AGENCIES IN THEIR IMPLEMENTATION OF
   30  SUBDIVISION THREE OF THIS SECTION;
   31    (C) MAKE AVAILABLE TO SERVICE-DISABLED VETERAN BUSINESSES TRAINING  IN
   32  STATE  CONTRACTING LAW, PROCEDURES, AND PRACTICES THAT WOULD ASSIST SUCH
   33  BUSINESSES IN PARTICIPATING IN STATE CONTRACTING; AND
   34    (D) IN COOPERATION WITH THE CHANCELLOR OF THE STATE UNIVERSITY AND THE
   35  STATE UNIVERSITY, CITY UNIVERSITY AND COMMUNITY COLLEGE SYSTEMS, DEVELOP
   36  A TRAINING PROGRAM ON STATE CONTRACTING  WITH  SERVICE-DISABLED  VETERAN
   37  BUSINESSES  AND MAKE THIS TRAINING AVAILABLE ONLINE THROUGH A CONTINUOUS
   38  LEARNING PROGRAM.
   39    6. DUTIES OF COMMISSIONER OF  THE  OFFICE  OF  GENERAL  SERVICES.  THE
   40  COMMISSIONER OF GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT OF
   41  AUDIT AND CONTROL AND THE DEPARTMENT OF LAW, SHALL:
   42    (A)  ESTABLISH  A  STATE GOVERNMENT-WIDE ACQUISITION CONTRACT RESERVED
   43  FOR PARTICIPATION BY SERVICE-DISABLED VETERAN BUSINESSES; AND
   44    (B) ASSIST SERVICE-DISABLED VETERAN BUSINESSES TO BE INCLUDED IN STATE
   45  SUPPLY, CONTRACTS AND REQUESTS FOR PROPOSAL SCHEDULES.
   46    7. DUTIES OF THE STATE DIRECTOR. THE STATE DIRECTOR SHALL:
   47    (A) ASSIST AGENCIES BY MAKING AVAILABLE SERVICES OF  THE  DIVISION  TO
   48  FACILITATE THE PROVISIONS OF THIS SECTION;
   49    (B) ESTABLISH A REGISTRATION PROGRAM OF SERVICE-DISABLED VETERAN BUSI-
   50  NESSES AND ESTABLISH AND MAINTAIN A DATABASE WITH REGARD TO SERVICE-DIS-
   51  ABLED VETERAN BUSINESSES, FOR USE BY AGENCIES IN THEIR IMPLEMENTATION OF
   52  THIS SECTION;
   53    (C) ESTABLISH AND MAINTAIN, TOGETHER WITH THE COMMISSIONER OF LABOR, A
   54  TRANSITION  ASSISTANCE  PROGRAM  AND  A DISABILITY TRANSITION ASSISTANCE
   55  PROGRAM TO EDUCATE SEPARATING SERVICE MEMBERS AS TO THE BENEFITS  AVAIL-
       S. 2803--B                          4

    1  ABLE  TO  SERVICE-DISABLED VETERAN BUSINESSES AND AS TO POTENTIAL ENTRE-
    2  PRENEURIAL OPPORTUNITIES; AND
    3    (D)  DISCLOSE  PERSONALLY  IDENTIFYING INFORMATION ON SERVICE-DISABLED
    4  VETERANS TO OTHER AGENCIES WHO REQUIRE  SUCH  INFORMATION  IN  ORDER  TO
    5  DISCHARGE THE DIVISION'S RESPONSIBILITIES UNDER THIS SECTION.
    6    S 2. This act shall take effect immediately.
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