senate Bill S2803

Amended

Provides a preference in state contracts for service-disabled veteran owned small businesses

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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

  • 23 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 12 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Apr / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 18 / Apr / 2013
    • PRINT NUMBER 2803A
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1245
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 13 / Jan / 2014
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 13 / Jan / 2014
    • PRINT NUMBER 2803B
  • 04 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Provides a preference in state contracts for service-disabled veteran owned small businesses.

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Bill Details

Versions:
S2803
S2803A
S2803B
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง369, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S2423

Sponsor Memo

BILL NUMBER:S2803

TITLE OF BILL: An act to amend the executive law, in relation to state
contract preference for service-disabled veteran owned small businesses

PURPOSE: This bill would establish a program to provide a state
contract preferences for service disabled owned small businesses.

SUMMARY OF SPECIFIC PROVISIONS: Specifically, this bill would establish
a new section 369 of the executive law to provide for a state contract
preference for service disabled veteran owned small businesses. In so
doing, it would require that the heads of state, agencies shall provide
the opportunity for service-disabled veteran businesses to significantly
increase the state contracting and subcontracting of such businesses, by
establishing a goal of not less than 3 percent for participation by
service-disabled veteran businesses in state contracting, and each that
agency contracting officer would have the authority to reserve certain
procurements for service disabled veteran businesses in order to achieve
compliance with such goal.

This bill would further provide that In order to implement the
provisions and policy of providing this preference, the heads of an
state agencies must develop and publicly publish a strategy to implement
the preference; make the agency's strategy publicly available, have such
strategy posted upon the website of such agency and report annually to
the Governor, the President Pro Tempore of the Senate, the Speaker of
the Assembly, the Chair of the Senate Standing Committee on Veterans,
Homeland Security and Military Affairs, and the chair of the Assembly
Standing Committee on Veterans Affairs on the implementation of the
agency's strategy; designate a senior-level official within such agency
who would be responsible for developing and implementing the agency's
strategy; include development and implementation of the agency's strate-
gy 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
include in the agency's strategy plans for reserving agency contracts
exclusively for service-disabled veteran businesses, encouraging and
facilitating participation by service disabled veteran business e s in
competitions for award of agency contracts, encouraging agency contrac-
tors to subcontract with service-disabled veteran businesses and active-
ly monitoring and evaluating agency contractors' efforts to do so,
training agency personnel on applicable law and policies relating to
participation of service-disabled veteran businesses in state contract-
ing, and disseminating information to service-disabled veteran busi-
nesses that would assist these businesses in participating in awards of
agency contracts.

This bill would also establish support roles to implement this prefer-
ence for the Deputy Commissioner of the Division for Small Business, the
Commissioner of the Office of General Services, the Office of the State
Comptroller, the Office of the Attorney General, the Director of the

Division of Veterans Affairs. The Commissioner of Labor, and the State
and City University systems.

JUSTIFICATION: The state of New York needs to strengthen opportunities
in state contracting for service-disabled veteran owned small busi-
nesses. 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 is worthy of provid-
ing a contract preference to all service-disabled veteran businesses.
This bill would codify for New York an identical and highly successful
program adopted for federal contracting. With the number of our veterans
growing, and with their service and risk of disability increasing due to
foreign conflicts, this bill would provide a small measure of recogni-
tion and support that this group of selfless men and women so deserve.

PRIOR LEGISLATIVE HISTORY: 2007 - S.4218: Passed Senate 62-0 1/25/11
Reported and Committed to Finance 5/15/12 Referred to Governmental Oper-
ations

FISCAL IMPLICATIONS: None Noted.

EFFECTIVE DATE: This act would take effect immediately.

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

                                  2803

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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  THIS  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 PROVID-
ING A CONTRACT PREFERENCE TO ALL SERVICE-DISABLED VETERAN BUSINESSES.
  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
IDENTIFICATION AND INTELLIGENCE UNIT OF THE DIVISION OF CRIMINAL JUSTICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07148-01-3

S. 2803                             2

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 DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION;
  (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, MARINE CORPS, 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, MARINE CORPS, 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. 2803                             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 GENERAL SERVICES. THE COMMISSIONER OF
GENERAL SERVICES, IN COORDINATION  WITH  THE  DEPARTMENT  OF  AUDIT  AND
CONTROL AND THE DEPARTMENT OF LAW, 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.

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