senate Bill S1557

Requires certain state contracts to include a provision stating all services performed under such contract shall be performed within the United States

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Requires certain state contracts to include a provision stating all services performed under such contract shall be performed within the United States.

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Bill Details

Versions:
S1557
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add ยง237-a, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3147
2009-2010: S2048

Sponsor Memo

BILL NUMBER:S1557

TITLE OF BILL:
An act
to amend the education
law, in relation to the performance of certain state
contracts

SUMMARY OF PROVISIONS:
Adds a new section to state that state contracts shall be required to
include a provision stating all services performed under such
contract or any subcontract shall be performed within the United States.

Subdivision 2 allows that when a service is required and cannot be
provided in the United States, these provisions shall not apply.

Subdivision 3 states that the comptroller shall review all existing
state contracts that have not been completed or terminated and
determine
whether the services are being performed in the United States.
Within one year the comptroller's findings shall be made available
to the Governor, Senate, Assembly and the general public.

Subdivision 4 gives the definition of state contract and defining
contracting agency which means department of education, state university
of New York, community colleges and city university of New York.

Section 2 is the effective date.

JUSTIFICATION:
One of the most dangerous issues facing our nations workforce is that
of the outsourcing of services to foreign countries. New York
state should not be outsourcing to foreign businesses
services and that can be performed in this country by the world's best
workforce. This legislation would help retain jobs as well as
keep additional revenue within this country.

LEGISLATIVE HISTORY:
2011-12 S.3147; 2009-2010 S.2048; 2007-08, S.4077; 2005-2006, S.5533.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law and shall apply to all state contracts entered into on
or after such effective date.

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

                                  1557

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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:

  Section 1. The education law is amended by adding a new section  237-a
to read as follows:
  S  237-A.  REQUIRES  CERTAIN SERVICES UNDER STATE CONTRACTS OR SUBCON-
TRACTS BE PERFORMED WITHIN THE UNITED STATES. 1. STATE  CONTRACTS  SHALL
BE  REQUIRED TO INCLUDE A PROVISION STATING ALL SERVICES PERFORMED UNDER
SUCH CONTRACT OR ANY SUBCONTRACT AWARDED UNDER SUCH  CONTRACT  SHALL  BE
PERFORMED WITHIN THE UNITED STATES.
  2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
WHEN THE COMMISSIONER, IN CONSULTATION WITH THE CHANCELLOR OF THE  STATE
UNIVERSITY  OF NEW YORK AND THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE
CITY UNIVERSITY OF NEW YORK, CERTIFIES  IN  WRITING  A  FINDING  THAT  A
SERVICE IS REQUIRED BY A CONTRACTING AGENCY THAT CANNOT BE PROVIDED BY A
CONTRACTOR  OR  SUBCONTRACTOR  WITHIN THE UNITED STATES AND SUCH CERTIF-
ICATION IS APPROVED BY THE COMPTROLLER.
  3. THE COMPTROLLER SHALL REVIEW ALL EXISTING STATE CONTRACTS THAT HAVE
NOT BEEN COMPLETED OR TERMINATED AND DETERMINE IF  ANY  OR  ALL  OF  THE
SERVICES  PERFORMED  BY  THE  CONTRACTOR AND ANY SUBCONTRACTOR ARE BEING
PERFORMED OUTSIDE OF THE UNITED STATES. WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SECTION, THE COMPTROLLER'S FINDINGS UNDER THIS  SUBDIVISION
SHALL BE REPORTED IN WRITING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE  SENATE AND THE SPEAKER OF THE ASSEMBLY, AND SHALL BE MADE AVAILABLE
TO THE GENERAL PUBLIC.
  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

   (A) "STATE CONTRACT" MEANS A  WRITTEN  AGREEMENT  OR  PURCHASE  ORDER
INSTRUMENT,  PROVIDING  FOR A TOTAL EXPENDITURE IN EXCESS OF TWO HUNDRED
FIFTY THOUSAND DOLLARS, WHEREBY A CONTRACTING  AGENCY  IS  COMMITTED  TO
EXPEND  OR  DOES  EXPEND  FUNDS  IN  RETURN FOR LABOR AND SERVICES TO BE
PERFORMED FOR, OR RENDERED OR FURNISHED TO THE CONTRACTING AGENCY.
  (B)  "CONTRACTING  AGENCY" MEANS THE STATE UNIVERSITY OF NEW YORK, THE
CITY UNIVERSITY OF NEW YORK, COMMUNITY COLLEGES AND THE DEPARTMENT.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law and shall apply to all state contracts entered into on
or after such effective date.

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