Bill Text: NY S04734 | 2011-2012 | General Assembly | Introduced


Bill Title: Gives preference to service disabled veteran owned small businesses with respect to state contracts.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S04734 Detail]

Download: New_York-2011-S04734-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4734
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 18, 2011
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Veterans,  Homeland
         Security and Military Affairs
       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    S 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.
   14    2. DEFINITIONS. WHEN USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL
   15  MEAN AND BE DEFINED AS FOLLOWS:
   16    (A)  "AGENCY"  MEANS  ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVI-
   17  SION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE,  OR  A  PUBLIC
   18  BENEFIT CORPORATION OR PUBLIC AUTHORITY AT LEAST ONE OF WHOSE MEMBERS IS
   19  APPOINTED  BY  THE  GOVERNOR, AUTHORIZED BY LAW TO MAKE RULES OR TO MAKE
   20  FINAL DECISIONS IN ADJUDICATORY PROCEEDINGS BUT SHALL  NOT  INCLUDE  THE
   21  GOVERNOR,  AGENCIES  IN  THE LEGISLATIVE AND JUDICIAL BRANCHES, AGENCIES
   22  CREATED BY INTERSTATE COMPACT OR INTERNATIONAL AGREEMENT,  THE  DIVISION
   23  OF  MILITARY  AND NAVAL AFFAIRS TO THE EXTENT IT EXERCISES ITS RESPONSI-
   24  BILITY FOR MILITARY AND NAVAL AFFAIRS, THE DIVISION OF STATE POLICE, THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03634-01-1
       S. 4734                             2
    1  IDENTIFICATION AND INTELLIGENCE UNIT OF THE DIVISION OF CRIMINAL JUSTICE
    2  SERVICES, THE STATE INSURANCE FUND, THE  UNEMPLOYMENT  INSURANCE  APPEAL
    3  BOARD, AND EXCEPT FOR PURPOSES OF SUBDIVISION ONE OF SECTION TWO HUNDRED
    4  TWO-D  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT, THE WORKERS' COMPEN-
    5  SATION BOARD AND EXCEPT FOR PURPOSES OF ARTICLE TWO OF THE STATE  ADMIN-
    6  ISTRATIVE PROCEDURE ACT, THE STATE DIVISION OF PAROLE AND THE DEPARTMENT
    7  OF CORRECTIONAL SERVICES;
    8    (B)  "SERVICE-DISABLED"  MEANS,  WITH  RESPECT TO DISABILITY, THAT THE
    9  DISABILITY WAS INCURRED OR AGGRAVATED IN THE LINE OF DUTY IN THE  ACTIVE
   10  SERVICE  IN  THE  UNITED  STATES  ARMY,  NAVY, AIR FORCE, MARINES, COAST
   11  GUARD, AND/OR RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL  GUARD,  AIR
   12  NATIONAL GUARD, NEW YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA;
   13    (C) "SERVICE-DISABLED VETERAN" MEANS A VETERAN, WHO INCURRED OR AGGRA-
   14  VATED  A  DISABILITY  IN  THE  LINE OF DUTY IN THE ACTIVE SERVICE IN THE
   15  UNITED STATES ARMY,  NAVY,  AIR  FORCE,  MARINES,  COAST  GUARD,  AND/OR
   16  RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD,
   17  NEW YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA; AND
   18    (D)   "SERVICE-DISABLED  VETERAN  BUSINESS"  MEANS  A  SMALL  BUSINESS
   19  CONCERN, EMPLOYING LESS THAN ONE HUNDRED PERSONS, OWNED  AND  CONTROLLED
   20  BY SERVICE-DISABLED VETERAN OR VETERANS;
   21    3.  CONTRACT  PREFERENCES  AND SET ASIDES. THE HEADS OF AGENCIES SHALL
   22  PROVIDE THE  OPPORTUNITY  FOR  SERVICE-DISABLED  VETERAN  BUSINESSES  TO
   23  SIGNIFICANTLY  INCREASE THE STATE CONTRACTING AND SUBCONTRACTING OF SUCH
   24  BUSINESSES.  TO ACHIEVE THAT OBJECTIVE, SUCH AGENCIES SHALL ESTABLISH  A
   25  GOAL  OF  NOT LESS THAN THREE PERCENT FOR PARTICIPATION BY SERVICE-DISA-
   26  BLED VETERAN BUSINESSES IN STATE CONTRACTING, AND EACH AGENCY  CONTRACT-
   27  ING OFFICER SHALL HAVE THE AUTHORITY TO RESERVE CERTAIN PROCUREMENTS FOR
   28  SERVICE-DISABLED  VETERAN BUSINESSES IN ORDER TO ACHIEVE COMPLIANCE WITH
   29  SUCH GOAL.
   30    4. DUTIES OF AGENCY HEADS. IN ORDER TO IMPLEMENT  THE  PROVISIONS  AND
   31  POLICY  ESTABLISHED IN SUBDIVISION THREE OF THIS SECTION, HEADS OF AGEN-
   32  CIES SHALL:
   33    (A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND  POLICY  ESTAB-
   34  LISHED  IN SUBDIVISION THREE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
   35  SUCH STRATEGY;
   36    (B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, HAVE SUCH  STRATEGY
   37  POSTED  UPON  THE  WEBSITE  OF  SUCH  AGENCY; AND REPORT ANNUALLY TO THE
   38  GOVERNOR, THE PRESIDENT PRO TEMPORE OF THE SENATE, THE  SPEAKER  OF  THE
   39  ASSEMBLY,  THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOME-
   40  LAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STAND-
   41  ING COMMITTEE ON VETERANS AFFAIRS ON THE IMPLEMENTATION OF THE  AGENCY'S
   42  STRATEGY;
   43    (C)  DESIGNATE A SENIOR-LEVEL OFFICIAL WITHIN SUCH AGENCY WHO SHALL BE
   44  RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING THE AGENCY'S STRATEGY;
   45    (D) INCLUDE DEVELOPMENT AND IMPLEMENTATION OF  THE  AGENCY'S  STRATEGY
   46  AND  ACHIEVEMENTS IN FURTHERANCE OF THE STRATEGY AS SIGNIFICANT ELEMENTS
   47  IN ANY PERFORMANCE PLANS OF THE AGENCY'S DESIGNATED AGENCY  SENIOR-LEVEL
   48  OFFICIAL AND CHIEF ACQUISITION OR PROCUREMENT OFFICER; AND
   49    (E) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
   50    (I) RESERVING AGENCY CONTRACTS EXCLUSIVELY FOR SERVICE-DISABLED VETER-
   51  AN BUSINESSES;
   52    (II)  ENCOURAGING  AND  FACILITATING PARTICIPATION BY SERVICE-DISABLED
   53  VETERAN BUSINESSES IN COMPETITIONS FOR AWARD OF AGENCY CONTRACTS;
   54    (III) ENCOURAGING AGENCY CONTRACTORS TO SUBCONTRACT WITH SERVICE-DISA-
   55  BLED VETERAN BUSINESSES AND ACTIVELY MONITORING  AND  EVALUATING  AGENCY
   56  CONTRACTORS' EFFORTS TO DO SO;
       S. 4734                             3
    1    (IV) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES RELATING
    2  TO   PARTICIPATION  OF  SERVICE-DISABLED  VETERAN  BUSINESSES  IN  STATE
    3  CONTRACTING; AND
    4    (V)  DISSEMINATING  INFORMATION TO SERVICE-DISABLED VETERAN BUSINESSES
    5  THAT WOULD ASSIST THESE BUSINESSES IN PARTICIPATING IN AWARDS OF  AGENCY
    6  CONTRACTS.
    7    5.  DUTIES  OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
    8  THE DEPUTY COMMISSIONER RESPONSIBLE FOR HEADING THE DIVISION  FOR  SMALL
    9  BUSINESS  WITHIN  THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AS ESTABLISHED
   10  PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE  ECONOMIC  DEVELOPMENT
   11  LAW, SHALL:
   12    (A)  DESIGNATE  AN  APPROPRIATE  ENTITY  WITHIN THE DIVISION FOR SMALL
   13  BUSINESS THAT SHALL, IN  COORDINATION  WITH  THE  DIVISION  OF  VETERANS
   14  AFFAIRS AND THE OFFICE OF THE STATE COMPTROLLER, PROVIDE TO SERVICE-DIS-
   15  ABLED  VETERAN  BUSINESSES INFORMATION AND ASSISTANCE CONCERNING PARTIC-
   16  IPATION IN STATE CONTRACTING;
   17    (B) ADVISE AND ASSIST HEADS OF AGENCIES  IN  THEIR  IMPLEMENTATION  OF
   18  SUBDIVISION THREE OF THIS SECTION;
   19    (C)  MAKE AVAILABLE TO SERVICE-DISABLED VETERAN BUSINESSES TRAINING IN
   20  STATE CONTRACTING LAW, PROCEDURES, AND PRACTICES THAT WOULD ASSIST  SUCH
   21  BUSINESSES IN PARTICIPATING IN STATE CONTRACTING; AND
   22    (D) IN COOPERATION WITH THE CHANCELLOR OF THE STATE UNIVERSITY AND THE
   23  STATE UNIVERSITY, CITY UNIVERSITY AND COMMUNITY COLLEGE SYSTEMS, DEVELOP
   24  A  TRAINING  PROGRAM  ON STATE CONTRACTING WITH SERVICE-DISABLED VETERAN
   25  BUSINESSES AND MAKE THIS TRAINING AVAILABLE ONLINE THROUGH A  CONTINUOUS
   26  LEARNING PROGRAM.
   27    6.  DUTIES  OF  COMMISSIONER  OF  THE  OFFICE OF GENERAL SERVICES. THE
   28  COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, IN COORDINATION WITH THE
   29  OFFICE OF THE STATE COMPTROLLER AND THE OFFICE OF THE ATTORNEY  GENERAL,
   30  SHALL:
   31    (A)  ESTABLISH  A  STATE GOVERNMENT-WIDE ACQUISITION CONTRACT RESERVED
   32  FOR PARTICIPATION BY SERVICE-DISABLED VETERAN BUSINESSES; AND
   33    (B) ASSIST SERVICE-DISABLED VETERAN BUSINESSES TO BE INCLUDED IN STATE
   34  SUPPLY, CONTRACTS AND REQUEST FOR PROPOSAL SCHEDULES.
   35    7. DUTIES OF THE DIRECTOR OF THE DIVISION  OF  VETERANS  AFFAIRS.  THE
   36  DIRECTOR OF THE DIVISION OF VETERANS AFFAIRS SHALL:
   37    (A)  ASSIST  AGENCIES  BY MAKING AVAILABLE SERVICES OF THE DIVISION TO
   38  FACILITATE THE PROVISIONS OF THIS SECTION;
   39    (B) ESTABLISH A REGISTRATION PROGRAM OF SERVICE-DISABLED VETERAN BUSI-
   40  NESSES AND ESTABLISH AND MAINTAIN A DATABASE WITH REGARD TO SERVICE-DIS-
   41  ABLED VETERAN BUSINESSES, FOR USE BY AGENCIES IN THEIR IMPLEMENTATION OF
   42  THIS SECTION;
   43    (C) ESTABLISH AND MAINTAIN, TOGETHER WITH THE COMMISSIONER OF LABOR, A
   44  TRANSITION ASSISTANCE PROGRAM AND  A  DISABILITY  TRANSITION  ASSISTANCE
   45  PROGRAM  TO EDUCATE SEPARATING SERVICE MEMBERS AS TO THE BENEFITS AVAIL-
   46  ABLE TO SERVICE-DISABLED VETERAN BUSINESSES AND AS TO  POTENTIAL  ENTRE-
   47  PRENEURIAL OPPORTUNITIES; AND
   48    (D)  DISCLOSE  PERSONALLY  IDENTIFYING INFORMATION ON SERVICE-DISABLED
   49  VETERANS TO OTHER AGENCIES WHO REQUIRE  SUCH  INFORMATION  IN  ORDER  TO
   50  DISCHARGE THE DIVISION'S RESPONSIBILITIES UNDER THIS SECTION.
   51    S 2. This act shall take effect immediately.
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