senate Bill S2803A

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

See Assembly Version of this Bill:
A5872
Versions:
S2803
S2803A
S2803B
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §369, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S2423, A7319

Sponsor Memo

BILL NUMBER:S2803A

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 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 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 businesses in competitions
for award of agency contracts, encouraging agency contractors to
subcontract with service-disabled veteran businesses and actively
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
contracting, and disseminating information to service-disabled veteran
businesses 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 businesses. 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 providing 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 recognition 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 Operations

FISCAL IMPLICATIONS:

None to state.

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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by Sens. BALL, ADDABBO, AVELLA, BONACIC, CARLUCCI, FLANAGAN,
  O'MARA, ZELDIN -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Veterans, Homeland Security and Mili-
  tary  Affairs  -- reported favorably from said committee and committed
  to the Committee on Finance --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07148-03-3

S. 2803--A                          2

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
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 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,  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;

S. 2803--A                          3

  (III) ENCOURAGING AGENCY CONTRACTORS TO SUBCONTRACT WITH SERVICE-DISA-
BLED  VETERAN  BUSINESSES  AND ACTIVELY MONITORING AND EVALUATING AGENCY
CONTRACTORS' EFFORTS TO DO SO;
  (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.

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