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

                                  2423

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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 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:

  Section 1. The executive law is amended by adding a new section 369 to
read as follows:
  S  369.  STATE  CONTRACT PREFERENCE FOR SERVICE-DISABLED VETERAN OWNED
SMALL BUSINESSES. 1. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGIS-
LATURE HEREBY FINDS AND DETERMINES THAT IT SHALL BE THE  POLICY  OF  THE
STATE  OF  NEW YORK TO STRENGTHEN OPPORTUNITIES IN STATE CONTRACTING FOR
SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES.
  THE LEGISLATURE HEREBY FURTHER FINDS  AND  DETERMINES  THAT  NEW  YORK
STATE  SHOULD  HONOR THE EXTRAORDINARY SERVICE RENDERED TO OUR STATE AND
THE UNITED STATES BY VETERANS WITH DISABILITIES INCURRED  OR  AGGRAVATED
IN  THE  LINE  OF  DUTY  DURING  ACTIVE SERVICE WITH THE ARMED FORCES BY
PROVIDING A CONTRACT PREFERENCE TO ALL  SERVICE-DISABLED  VETERAN  BUSI-
NESSES.
  2.  DEFINITIONS.  WHEN USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
MEAN AND BE DEFINED AS FOLLOWS:
  (A) "AGENCY" MEANS ANY DEPARTMENT, BOARD,  BUREAU,  COMMISSION,  DIVI-
SION,  OFFICE,  COUNCIL,  COMMITTEE OR OFFICER OF THE STATE, OR A PUBLIC
BENEFIT CORPORATION OR PUBLIC AUTHORITY AT LEAST ONE OF WHOSE MEMBERS IS
APPOINTED BY THE GOVERNOR, AUTHORIZED BY LAW TO MAKE RULES  OR  TO  MAKE
FINAL  DECISIONS  IN  ADJUDICATORY PROCEEDINGS BUT SHALL NOT INCLUDE THE
GOVERNOR, AGENCIES IN THE LEGISLATIVE AND  JUDICIAL  BRANCHES,  AGENCIES
CREATED  BY  INTERSTATE COMPACT OR INTERNATIONAL AGREEMENT, THE DIVISION
OF MILITARY AND NAVAL AFFAIRS TO THE EXTENT IT EXERCISES  ITS  RESPONSI-
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.
                                                           LBD08543-01-1
              

S. 2423                             2

IDENTIFICATION AND INTELLIGENCE UNIT OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES,  THE  STATE  INSURANCE FUND, THE UNEMPLOYMENT INSURANCE APPEAL
BOARD, AND EXCEPT FOR PURPOSES OF SUBDIVISION ONE OF SECTION TWO HUNDRED
TWO-D  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT, THE WORKERS' COMPEN-
SATION BOARD AND EXCEPT FOR PURPOSES OF ARTICLE TWO OF THE STATE  ADMIN-
ISTRATIVE PROCEDURE ACT, THE STATE DIVISION OF PAROLE AND THE DEPARTMENT
OF CORRECTIONAL SERVICES;
  (B)  "SERVICE-DISABLED"  MEANS,  WITH  RESPECT TO DISABILITY, THAT THE
DISABILITY WAS INCURRED OR AGGRAVATED IN THE LINE OF DUTY IN THE  ACTIVE
SERVICE  IN  THE  UNITED  STATES  ARMY,  NAVY, AIR FORCE, MARINES, COAST
GUARD, AND/OR RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL  GUARD,  AIR
NATIONAL GUARD, NEW YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA;
  (C) "SERVICE-DISABLED VETERAN" MEANS A VETERAN, WHO INCURRED OR AGGRA-
VATED  A  DISABILITY  IN  THE  LINE OF DUTY IN THE ACTIVE SERVICE IN THE
UNITED STATES ARMY,  NAVY,  AIR  FORCE,  MARINES,  COAST  GUARD,  AND/OR
RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD,
NEW YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA; AND
  (D)   "SERVICE-DISABLED  VETERAN  BUSINESS"  MEANS  A  SMALL  BUSINESS
CONCERN, EMPLOYING LESS THAN ONE HUNDRED PERSONS, OWNED  AND  CONTROLLED
BY SERVICE-DISABLED VETERAN OR VETERANS.
  3.  CONTRACT  PREFERENCES  AND SET ASIDES. THE HEADS OF AGENCIES SHALL
PROVIDE THE  OPPORTUNITY  FOR  SERVICE-DISABLED  VETERAN  BUSINESSES  TO
SIGNIFICANTLY  INCREASE THE STATE CONTRACTING AND SUBCONTRACTING OF SUCH
BUSINESSES.  TO ACHIEVE THAT OBJECTIVE, SUCH AGENCIES SHALL ESTABLISH  A
GOAL  OF  NOT LESS THAN THREE PERCENT FOR PARTICIPATION BY SERVICE-DISA-
BLED VETERAN BUSINESSES IN STATE CONTRACTING, AND EACH AGENCY  CONTRACT-
ING OFFICER SHALL HAVE THE AUTHORITY TO RESERVE CERTAIN PROCUREMENTS FOR
SERVICE-DISABLED  VETERAN BUSINESSES IN ORDER TO ACHIEVE COMPLIANCE WITH
SUCH GOAL.
  4. DUTIES OF AGENCY HEADS. IN ORDER TO IMPLEMENT  THE  PROVISIONS  AND
POLICY  ESTABLISHED IN SUBDIVISION THREE OF THIS SECTION, HEADS OF AGEN-
CIES SHALL:
  (A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND  POLICY  ESTAB-
LISHED  IN SUBDIVISION THREE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
SUCH STRATEGY;
  (B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, HAVE SUCH  STRATEGY
POSTED  UPON  THE  WEBSITE  OF  SUCH  AGENCY; AND REPORT ANNUALLY TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY,  THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOME-
LAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STAND-
ING COMMITTEE ON VETERANS AFFAIRS ON THE IMPLEMENTATION OF THE  AGENCY'S
STRATEGY;
  (C)  DESIGNATE A SENIOR-LEVEL OFFICIAL WITHIN SUCH AGENCY WHO SHALL BE
RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING THE AGENCY'S STRATEGY;
  (D) INCLUDE DEVELOPMENT AND IMPLEMENTATION OF  THE  AGENCY'S  STRATEGY
AND  ACHIEVEMENTS IN FURTHERANCE OF THE STRATEGY AS SIGNIFICANT ELEMENTS
IN ANY PERFORMANCE PLANS OF THE AGENCY'S DESIGNATED AGENCY  SENIOR-LEVEL
OFFICIAL AND CHIEF ACQUISITION OR PROCUREMENT OFFICER; AND
  (E) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
  (I) RESERVING AGENCY CONTRACTS EXCLUSIVELY FOR SERVICE-DISABLED VETER-
AN BUSINESSES;
  (II)  ENCOURAGING  AND  FACILITATING PARTICIPATION BY SERVICE-DISABLED
VETERAN BUSINESSES IN COMPETITIONS FOR AWARD OF AGENCY CONTRACTS;
  (III) ENCOURAGING AGENCY CONTRACTORS TO SUBCONTRACT WITH SERVICE-DISA-
BLED VETERAN BUSINESSES AND ACTIVELY MONITORING  AND  EVALUATING  AGENCY
CONTRACTORS' EFFORTS TO DO SO;

S. 2423                             3

  (IV) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES RELATING
TO   PARTICIPATION  OF  SERVICE-DISABLED  VETERAN  BUSINESSES  IN  STATE
CONTRACTING; AND
  (V)  DISSEMINATING  INFORMATION TO SERVICE-DISABLED VETERAN BUSINESSES
THAT WOULD ASSIST THESE BUSINESSES IN PARTICIPATING IN AWARDS OF  AGENCY
CONTRACTS.
  5.  DUTIES  OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
THE DEPUTY COMMISSIONER RESPONSIBLE FOR HEADING THE DIVISION  FOR  SMALL
BUSINESS  WITHIN  THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AS ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE  ECONOMIC  DEVELOPMENT
LAW, SHALL:
  (A)  DESIGNATE  AN  APPROPRIATE  ENTITY  WITHIN THE DIVISION FOR SMALL
BUSINESS THAT SHALL, IN  COORDINATION  WITH  THE  DIVISION  OF  VETERANS
AFFAIRS AND THE OFFICE OF THE STATE COMPTROLLER, PROVIDE TO SERVICE-DIS-
ABLED  VETERAN  BUSINESSES INFORMATION AND ASSISTANCE CONCERNING PARTIC-
IPATION IN STATE CONTRACTING;
  (B) ADVISE AND ASSIST HEADS OF AGENCIES  IN  THEIR  IMPLEMENTATION  OF
SUBDIVISION THREE OF THIS SECTION;
  (C)  MAKE AVAILABLE TO SERVICE-DISABLED VETERAN BUSINESSES TRAINING IN
STATE CONTRACTING LAW, PROCEDURES, AND PRACTICES THAT WOULD ASSIST  SUCH
BUSINESSES IN PARTICIPATING IN STATE CONTRACTING; AND
  (D) IN COOPERATION WITH THE CHANCELLOR OF THE STATE UNIVERSITY AND THE
STATE UNIVERSITY, CITY UNIVERSITY AND COMMUNITY COLLEGE SYSTEMS, DEVELOP
A  TRAINING  PROGRAM  ON STATE CONTRACTING WITH SERVICE-DISABLED VETERAN
BUSINESSES AND MAKE THIS TRAINING AVAILABLE ONLINE THROUGH A  CONTINUOUS
LEARNING PROGRAM.
  6.  DUTIES  OF  COMMISSIONER  OF  THE  OFFICE OF GENERAL SERVICES. THE
COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, IN COORDINATION WITH THE
OFFICE OF THE STATE COMPTROLLER AND THE OFFICE OF THE ATTORNEY  GENERAL,
SHALL:
  (A)  ESTABLISH  A  STATE GOVERNMENT-WIDE ACQUISITION CONTRACT RESERVED
FOR PARTICIPATION BY SERVICE-DISABLED VETERAN BUSINESSES; AND
  (B) ASSIST SERVICE-DISABLED VETERAN BUSINESSES TO BE INCLUDED IN STATE
SUPPLY, CONTRACTS AND REQUESTS FOR PROPOSAL SCHEDULES.
  7. DUTIES OF THE STATE DIRECTOR. THE STATE DIRECTOR SHALL:
  (A) ASSIST AGENCIES BY MAKING AVAILABLE SERVICES OF  THE  DIVISION  TO
FACILITATE THE PROVISIONS OF THIS SECTION;
  (B) ESTABLISH A REGISTRATION PROGRAM OF SERVICE-DISABLED VETERAN BUSI-
NESSES AND ESTABLISH AND MAINTAIN A DATABASE WITH REGARD TO SERVICE-DIS-
ABLED VETERAN BUSINESSES, FOR USE BY AGENCIES IN THEIR IMPLEMENTATION OF
THIS SECTION;
  (C) ESTABLISH AND MAINTAIN, TOGETHER WITH THE COMMISSIONER OF LABOR, A
TRANSITION  ASSISTANCE  PROGRAM  AND  A DISABILITY TRANSITION ASSISTANCE
PROGRAM TO EDUCATE SEPARATING SERVICE MEMBERS AS TO THE BENEFITS  AVAIL-
ABLE  TO  SERVICE-DISABLED VETERAN BUSINESSES AND AS TO POTENTIAL ENTRE-
PRENEURIAL OPPORTUNITIES; AND
  (D) DISCLOSE PERSONALLY IDENTIFYING  INFORMATION  ON  SERVICE-DISABLED
VETERANS  TO  OTHER  AGENCIES  WHO  REQUIRE SUCH INFORMATION IN ORDER TO
DISCHARGE THE DIVISION'S RESPONSIBILITIES UNDER THIS SECTION.
  S 2. This act shall take effect immediately.