Requires certain state contracts to include a provision stating all services performed under such contract shall be performed within the United States.
STATE OF NEW YORK
________________________________________________________________________
1557
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sens. LAVALLE, GRISANTI, LARKIN, MAZIARZ -- read twice and
ordered printed, and when printed to be committed to the Committee on
Higher Education
AN ACT to amend the education law, in relation to the performance of
certain state contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 237-a
2 to read as follows:
3 § 237-a. Requires certain services under state contracts or subcon-
4 tracts be performed within the United States. 1. State contracts shall
5 be required to include a provision stating all services performed under
6 such contract or any subcontract awarded under such contract shall be
7 performed within the United States.
8 2. The provisions of subdivision one of this section shall not apply
9 when the commissioner, in consultation with the chancellor of the state
10 university of New York and the chairman of the board of trustees of the
11 city university of New York, certifies in writing a finding that a
12 service is required by a contracting agency that cannot be provided by a
13 contractor or subcontractor within the United States and such certif-
14 ication is approved by the comptroller.
15 3. The comptroller shall review all existing state contracts that have
16 not been completed or terminated and determine if any or all of the
17 services performed by the contractor and any subcontractor are being
18 performed outside of the United States. Within one year of the effective
19 date of this section, the comptroller's findings under this subdivision
20 shall be reported in writing to the governor, the temporary president of
21 the senate and the speaker of the assembly, and shall be made available
22 to the general public.
23 4. For the purposes of this section:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03800-01-3
S. 1557 2
1 (a) "State contract" means a written agreement or purchase order
2 instrument, providing for a total expenditure in excess of two hundred
3 fifty thousand dollars, whereby a contracting agency is committed to
4 expend or does expend funds in return for labor and services to be
5 performed for, or rendered or furnished to the contracting agency.
6 (b) "Contracting agency" means the state university of New York, the
7 city university of New York, community colleges and the department.
8 § 2. This act shall take effect on the ninetieth day after it shall
9 have become a law and shall apply to all state contracts entered into on
10 or after such effective date.
