S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7743

                            I N  S E N A T E

                               May 6, 2010
                               ___________

Introduced  by  Sens. GOLDEN, McDONALD, HANNON, LARKIN, PADAVAN, SEWARD,
  VOLKER -- read twice and ordered  printed,  and  when  printed  to  be
  committed to the Committee on Finance

AN  ACT  to amend the state finance law, in relation to preferred source
  status for the purposes of procurement

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  i of subdivision 2 of section 161 of the state
finance law, as added by chapter 83 of the laws of 1995, is  amended  to
read as follows:
  i. Establish and, from time to time, amend guidelines for the procure-
ment  of  services  and  technology in accordance with the provisions of
this article. Such guidelines shall ensure the wise and prudent  use  of
public  money  in the best interest of the taxpayers of the state; guard
against favoritism, improvidence, extravagance,  fraud  and  corruption;
and  ensure  that  service  contracts  are  awarded on the basis of best
value, including, but not limited to, the following criteria:   quality,
cost,  and  efficiency; AND ALL OTHER CRITERIA BEING EQUAL, THE ECONOMIC
NEXUS OF THE VENDOR AS PROVIDED FOR IN PARAGRAPH G OF SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-ONE OF THIS ARTICLE;
  S 2. Paragraphs e and f of subdivision 2 of section 162 of  the  state
finance  law, paragraph e as amended and paragraph f as added by chapter
501 of the laws of 2002, are amended, and a new paragraph g is added  to
read as follows:
  e. Commodities and services produced by a qualified veterans' workshop
providing  job  and  employment-skills training to veterans where such a
workshop is operated by the United States department of veterans affairs
and is manufacturing products or performing services within  this  state
and where such workshop is approved for such purposes by the commission-
er of education; [or]
  f.  Commodities and services produced by any qualified charitable non-
profit-making workshop for veterans approved for such  purposes  by  the
commissioner  of education, or incorporated under the laws of this state
and approved for such purposes by the commissioner of education[.]; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17081-01-0

S. 7743                             2

  G. COMMODITIES AND SERVICES PRODUCED BY A COMPANY WHOSE PRIMARY  BUSI-
NESS  PRESENCE  IS LOCATED IN NEW YORK STATE, THAT REALIZES NO LESS THAN
TWENTY PERCENT OF ITS GROSS REVENUE, AS DEFINED  BY  GENERALLY  ACCEPTED
ACCOUNTING  PRINCIPLES,  FROM  BUSINESS  ACTIVITY  GENERATED IN NEW YORK
STATE,  AND  THAT HAS AT LEAST ONE EMPLOYEE WHO RESIDES FULL-TIME IN NEW
YORK STATE AND WHOSE PRIMARY ROLE IS TO CONDUCT BUSINESS IN ANY CAPACITY
OTHER THAN GOVERNMENT RELATIONS.
  S 3. Subparagraph (iii) of paragraph a of subdivision 4 of section 162
of the state finance law, as added by chapter 83 of the laws of 1995, is
amended to read as follows:
  (iii) When commodities are available, in the form, function and utili-
ty required by, a state agency or political subdivision or public  bene-
fit corporation having their own purchasing agency, and such commodities
are  not  available pursuant to subparagraphs (i) and (ii) of this para-
graph, said commodities shall then be purchased from  a  qualified  non-
profit-making  agency  for  other severely disabled persons, a qualified
special employment program for mentally ill persons,  [or]  a  qualified
veterans'  workshop, OR A NEW YORK BASED VENDOR AS PROVIDED FOR IN PARA-
GRAPH G OF SUBDIVISION TWO OF THIS SECTION;
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.