Bill Text: NY S01173 | 2019-2020 | General Assembly | Introduced

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Bill Title: Directs municipalities and school districts to consider whether a prospective bidder is a veteran owned business when establishing its list of pre-qualified bidders; directs the director of the division of veterans' affairs to determine applications for designation of a business as a veteran owned business.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S01173 Detail]

Download: New_York-2019-S01173-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1173
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
                                       ___________
        Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs
        AN ACT to amend the general municipal law  and  the  executive  law,  in
          relation to including the consideration of whether prospective bidders
          are  veteran  owned  businesses when a municipality or school district
          establishes its list of pre-qualified bidders
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of  subdivision  15 of section 103 of the
     2  general municipal law, as added by section 1-a of part MM of chapter  57
     3  of the laws of 2008, is amended to read as follows:
     4    (a) Notwithstanding any general, special or local law or rule or regu-
     5  lation  to  the contrary, an officer, board or agency of any county, any
     6  school district or any political subdivision of the state with  a  popu-
     7  lation  of  fifty  thousand or more charged with awarding a contract for
     8  public work may establish guidelines  governing  the  qualifications  of
     9  bidders  seeking  to  bid or enter into such contracts. If such officer,
    10  board or agency maintains an appropriate list of qualified bidders,  the
    11  bidding  shall  be  restricted  to those who have qualified prior to the
    12  receipt of bids according to standards fixed by such officer,  board  or
    13  agency. In determining whether a prospective bidder qualifies for inclu-
    14  sion  on  a  list of pre-qualified bidders, the officer, board or agency
    15  shall consider the experience and record of performance of the  prospec-
    16  tive bidder in the particular type of work, as well as: (i) the prospec-
    17  tive bidder's ability to undertake the particular type and complexity of
    18  work;  (ii)  the financial capability, responsibility and reliability of
    19  the prospective bidder for such type and complexity of work;  (iii)  the
    20  record of the prospective bidder in complying with existing labor stand-
    21  ards  and  maintaining  harmonious  labor  relations;  (iv)  whether the
    22  prospective bidder is a veteran owned business certified by the director
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01600-01-9
        S. 1173                             2
     1  of the division of veterans' affairs pursuant to subdivision twenty-four
     2  of section three hundred fifty-three  of  the  executive  law;  (v)  the
     3  prospective   bidder's  compliance  with  equal  employment  opportunity
     4  requirements  and  anti-discrimination laws, and demonstrated commitment
     5  to working  with  minority  and  women-owned  businesses  through  joint
     6  ventures  or  subcontractor  relationships; and [(v)] (vi) the record of
     7  the prospective bidder in protecting the health and safety of workers on
     8  public works projects and job sites as demonstrated by  the  prospective
     9  bidder's experience modification rate for each of the last three years.
    10    §  2.  Section  353  of  the  executive law is amended by adding a new
    11  subdivision 24 to read as follows:
    12    24. To establish standards for, and to accept and  determine  applica-
    13  tions for designation of a business as a veteran owned business.
    14    §  3.  This act shall take effect immediately, except that section one
    15  of this act shall take effect on the first of  January  next  succeeding
    16  the date on which it shall have become a law.