STATE OF NEW YORK
________________________________________________________________________
2803--B
2013-2014 Regular Sessions
IN SENATE
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 § 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 § 2. This act shall take effect immediately.
