S02803 Summary:

Add S369, Exec L
Provides a preference in state contracts for service-disabled veteran owned small businesses.
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S02803 Memo:

Memo not available
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S02803 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                    January 23, 2013
        Introduced  by  Sens.  BALL,  ADDABBO, AVELLA, BONACIC, BOYLE, CARLUCCI,
          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.

        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.
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