senate Bill S2803B

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

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5872A
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:S2803B

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 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 5 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
preference 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.

LEGISLATIVE HISTORY: 2007 - S.4218: Passed Senate 62-0 1/25/11
Reported and Committed to Finance 5/15/12 Referred to Governmental
Operations 2013: Passed the Senate (S. 2803-A)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 2803--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens.  BALL,  ADDABBO, AVELLA, BONACIC, BOYLE, CARLUCCI,
  DeFRANCISCO,  DIAZ,  DILAN,  ESPAILLAT,  FELDER,  FLANAGAN,  GALLIVAN,
  GIPSON,  GOLDEN,  GRISANTI,  LANZA,  LARKIN, LATIMER, LAVALLE, LIBOUS,
  MARCHIONE, MAZIARZ, NOZZOLIO,  O'MARA,  RANZENHOFER,  SAVINO,  SEWARD,
  SMITH,  VALESKY,  YOUNG, ZELDIN -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Veterans,  Homeland
  Security  and Military Affairs -- reported favorably from said commit-
  tee and committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- recommitted to the Committee on Veterans, Homeland Secu-
  rity and Military Affairs in accordance with Senate Rule 6, sec. 8  --
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07148-04-4

S. 2803--B                          2

  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
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 FIVE PERCENT FOR PARTICIPATION BY SERVICE-DISABLED
VETERAN  BUSINESSES  IN  STATE  CONTRACTING, AND EACH AGENCY CONTRACTING
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;

S. 2803--B                          3

  (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;
  (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 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-

S. 2803--B                          4

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.