New York State Assembly

 
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A09544 Summary:

A09544 Actions:

A09544 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:05/21/2024AYE/NAY:9/4  Action: Favorable refer to committee Ways and Means        
McDonald
Aye
Durso
Nay
Glick
Aye
Goodell
Nay
Kim
Aye
Beephan
Nay
Bichotte Hermel
Aye
Slater
Nay
Hyndman
Aye
Williams
Aye
Wallace
Excused
Raga
Aye
Simone
Aye
Shimsky
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/03/2024AYE/NAY:20/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Excused
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/03/2024AYE/NAY:30/4  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Nay
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Nay
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Nay
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Excused
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

A09544 Floor Votes:

A09544 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9544--A
 
                   IN ASSEMBLY
 
                                     March 20, 2024
                                       ___________
 
        Introduced by M. of A. McDONALD, BURDICK, SIMON, HEVESI, GLICK, WOERNER,
          DeSTEFANO,  DAVILA,  REYES,  BURGOS, BENDETT, HYNDMAN -- read once and
          referred to the Committee  on  Governmental  Operations  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to amend the state finance law, in relation to preferred source
          status for entities that provide employment and  services  to  certain
          persons
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 162 of the state finance  law,  as
     2  added by chapter 83 of the laws of 1995, is amended to read as follows:
     3    1.  Purpose.  To  advance  special social and economic goals, selected
     4  providers shall  have  preferred  source  status  for  the  purposes  of
     5  procurement in accordance with the provisions of this section.  Procure-
     6  ment  from  these  providers  shall  be  exempted  from  the competitive
     7  procurement provisions of section one hundred sixty-three of this  arti-
     8  cle  and  other  competitive  procurement statutes. Such exemption shall
     9  apply to commodities  produced,  manufactured  or  assembled,  including
    10  those  repackaged, assembled or fulfilled to meet the form, function and
    11  utility required by state agencies, in New  York  state  and,  where  so
    12  designated,  services  provided by those sources in accordance with this
    13  section.
    14    § 2. Paragraph d of subdivision 2 of section 162 of the state  finance
    15  law,  as  amended by chapter 565 of the laws of 2022, is amended to read
    16  as follows:
    17    d. Commodities and services produced by any qualified charitable  non-
    18  profit-making  agency  for other disabled persons and/or formerly incar-
    19  cerated persons approved for such purposes by the commissioner of educa-
    20  tion, or incorporated under the laws of this state and approved for such
    21  purposes by the commissioner of education;
    22    § 2-a. Paragraph d of subdivision  2  of  section  162  of  the  state
    23  finance  law,  as amended by chapter 501 of the laws of 2002, is amended
    24  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13984-03-4
        A. 9544--A                          2
 
     1    d. Commodities and services produced by any qualified charitable  non-
     2  profit-making agency for other severely disabled persons and/or formerly
     3  incarcerated  persons  approved for such purposes by the commissioner of
     4  education, or incorporated under the laws of this state and approved for
     5  such purposes by the commissioner of education;
     6    § 3. Subparagraph (iii) of paragraph a of subdivision 4 of section 162
     7  of the state finance law, as amended by chapter 565 of the laws of 2022,
     8  is amended to read as follows:
     9    (iii) When commodities are available, in the form, function and utili-
    10  ty  required by, a state agency or political subdivision or public bene-
    11  fit corporation having their own purchasing agency, and such commodities
    12  are not available pursuant to subparagraphs (i) and (ii) of  this  para-
    13  graph,  said  commodities  shall then be purchased from a qualified non-
    14  profit-making agency for other disabled persons and/or  formerly  incar-
    15  cerated persons, a qualified special employment program for mentally ill
    16  persons,  or  a  qualified  veterans'  entity;  provided,  however,  the
    17  preferred source shall perform fifty percent or more of the work;
    18    § 3-a. Subparagraph (iii) of paragraph a of subdivision 4  of  section
    19  162  of  the  state  finance  law, as added by chapter 83 of the laws of
    20  1995, is amended to read as follows:
    21    (iii) When commodities are available, in the form, function and utili-
    22  ty required by, a state agency or political subdivision or public  bene-
    23  fit corporation having their own purchasing agency, and such commodities
    24  are  not  available pursuant to subparagraphs (i) and (ii) of this para-
    25  graph, said commodities shall then be purchased from  a  qualified  non-
    26  profit-making agency for other severely disabled persons and/or formerly
    27  incarcerated persons, a qualified special employment program for mental-
    28  ly ill persons, or a qualified veterans' workshop;
    29    §  4. The opening paragraph of paragraph b of subdivision 4 of section
    30  162 of the state finance law, as amended by chapter 565 of the  laws  of
    31  2022, is amended to read as follows:
    32    When  services  are  available,  in  the  form,  function  and utility
    33  required by, a state agency or political subdivision or  public  benefit
    34  corporation  having their own purchasing agency, equal priority shall be
    35  accorded the services rendered and offered for sale  by  qualified  non-
    36  profit-making  agencies for the blind and those for [the] other disabled
    37  persons and/or  formerly  incarcerated  persons,  by  qualified  special
    38  employment  programs for mentally ill persons and by qualified veterans'
    39  entities; provided, however, the preferred source  shall  perform  fifty
    40  percent or more of the work. In the case of services:
    41    §  4-a.  The  opening  paragraph  of  paragraph  b of subdivision 4 of
    42  section 162 of the state finance law, as added by chapter 83 of the laws
    43  of 1995,  is amended to read as follows:
    44    When services  are  available,  in  the  form,  function  and  utility
    45  required  by,  a state agency or political subdivision or public benefit
    46  corporation having their own purchasing agency, equal priority shall  be
    47  accorded  the  services  rendered and offered for sale by qualified non-
    48  profit-making agencies for the blind and those for [the] other  severely
    49  disabled  persons  and/or  formerly  incarcerated  persons, by qualified
    50  special employment programs for mentally ill persons  and  by  qualified
    51  veterans' workshops. In the case of services:
    52    § 5. Subdivision 6 of section 162 of the state finance law, as amended
    53  by chapter 565 of the laws of 2022, is amended to read as follows:
    54    6.  Prices  charged  by agencies for the blind, other disabled persons
    55  and/or formerly incarcerated persons and veterans' entity.
        A. 9544--A                          3
 
     1    a. Except with respect to the correctional industries program  of  the
     2  department  of  corrections  and  community supervision, it shall be the
     3  duty of the commissioner to determine, and from time to time review, the
     4  prices of all commodities and to  approve  the  price  of  all  services
     5  provided  by  preferred  sources as specified in this section offered to
     6  state agencies, political subdivisions or  public  benefit  corporations
     7  having  their own purchasing office. The commissioner's price review and
     8  approval shall not be required for any purchases below one hundred thou-
     9  sand dollars.
    10    b. In determining and revising  the  prices  of  such  commodities  or
    11  services, consideration shall be given to the reasonable costs of labor,
    12  materials  and  overhead  necessarily incurred by such preferred sources
    13  under efficient methods  of  procurement,  production,  performance  and
    14  administration;  however, the prices of such products and services shall
    15  be as close to prevailing market price as practicable, but in  no  event
    16  greater  than fifteen percent above the prevailing market prices for the
    17  same or equivalent commodities or services.
    18    c. Such qualified charitable non-profit-making agencies for the  blind
    19  and other disabled persons and/or formerly incarcerated persons may make
    20  purchases  of materials, equipment or supplies, except printed material,
    21  from centralized contracts for commodities in accordance with the condi-
    22  tions set by the office of general services; provided that the qualified
    23  charitable non-profit-making agency for  the  blind  or  other  disabled
    24  persons and/or formerly incarcerated persons shall accept sole responsi-
    25  bility for any payment due the vendor.
    26    d.  Such qualified charitable non-profit-making agencies for the blind
    27  and other disabled persons and/or formerly incarcerated persons may make
    28  purchases of materials, equipment and supplies directly from the correc-
    29  tional  industries  program  administered   by   the   commissioner   of
    30  corrections  and  community supervision, subject to such rules as may be
    31  established from time to time pursuant to the correction  law;  provided
    32  that  the qualified charitable non-profit-making agency for the blind or
    33  other disabled persons and/or formerly incarcerated persons shall accept
    34  sole responsibility for any payment due the  department  of  corrections
    35  and community supervision.
    36    e.  The  commissioner  of  the  office of children and family services
    37  shall appoint the New York state commission  for  the  blind,  or  other
    38  non-profit-making agency, other than the agency representing [the] other
    39  disabled persons and/or formerly incarcerated persons, to facilitate the
    40  distribution  of  orders  among  qualified  non-profit-making charitable
    41  agencies for the  blind.  The  state  commissioner  of  education  shall
    42  appoint  a  non-profit-making agency, other than the agency representing
    43  the blind, to facilitate the  distribution  of  orders  among  qualified
    44  non-profit-making  charitable  agencies for [the] other disabled persons
    45  and/or formerly incarcerated persons and  the  veterans'  entities.  The
    46  state commissioner of mental health shall facilitate the distribution of
    47  orders  among qualified special employment programs operated or approved
    48  by the office of mental health serving mentally ill persons.
    49    f. The commissioner may  request  the  state  comptroller  to  conduct
    50  audits and examinations to be made of all records, books and data of any
    51  agency  for  the  blind  or [the] other disabled persons and/or formerly
    52  incarcerated persons, any special employment program  for  mentally  ill
    53  persons  or  any veterans' entity qualified under this section to deter-
    54  mine the costs of manufacture or  the  rendering  of  services  and  the
    55  manner and efficiency of production and administration of such agency or
    56  special  employment  program  or  veterans'  entity with relation to any
        A. 9544--A                          4
 
     1  product or services purchased by a state agency or political subdivision
     2  or public benefit corporation and to furnish the results of  such  audit
     3  and  examination  to  the  commissioner for such action as he or she may
     4  deem appropriate under this section.
     5    § 6. This act shall take effect immediately; provided, however, that:
     6    (a)  the  amendment  to paragraph d of subdivision 2 of section 162 of
     7  the state finance law made by section two of this act shall  be  subject
     8  to  the expiration and reversion of such paragraph pursuant to section 4
     9  of chapter 565 of the laws of 2022, as amended, when upon such date  the
    10  provisions of section two-a of this act shall take effect;
    11    (b)  the amendment to subparagraph (iii) of paragraph a of subdivision
    12  4 of section 162 of the state finance law made by section three of  this
    13  act  shall  be  subject to the expiration and reversion of such subpara-
    14  graph pursuant to section 4 of chapter 565  of  the  laws  of  2022,  as
    15  amended,  when  upon such date the provisions of section three-a of this
    16  act shall take effect; and
    17    (c) the amendments to the opening paragraph of paragraph b of subdivi-
    18  sion 4 of section 162 of the state finance law made by section  four  of
    19  this  act shall be subject to the expiration and reversion of such para-
    20  graph pursuant to section 4 of chapter 565  of  the  laws  of  2022,  as
    21  amended,  when  upon  such date the provisions of section four-a of this
    22  act shall take effect.