senate Bill S3038

Amended

Relates to participation by service-connected disabled veterans and veterans with respect to state contracts

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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

  • 29 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 17 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 17 / Jun / 2013
    • PRINT NUMBER 3038A
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Summary

Relates to participation by service-connected disabled veterans and veterans with respect to state contracts.

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Bill Details

Versions:
S3038
S3038A
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Add Art 17-A ยงยง369 - 369-c, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
A10388A, S7489A

Sponsor Memo

BILL NUMBER:S3038

TITLE OF BILL: An act to amend the executive law, in relation to
participation by service-connected disabled veterans and veterans with
respect to state contracts

PURPOSE: This legislation relates to participation by
service-disabled veterans and veterans with respect to state
contracts.

SUMMARY OF PROVISIONS: Creates new article 17-A of the executive law.
Section 369 sets forth definitions to be used in this article. Section
369-a provides that a service-connected disabled veteran-owned
business will be considered the lowest bid in a competitive bid for a
commodity if their cost is within 15% of the lowest bid. For services,
if the cost component of a service-connected disabled veteran owned
business bid is within 15% of the highest scoring bid then the cost
components shall be treated as equal for the purposes of competitive
scoring. Section 369-a also sets forth the certification requirements
for service-connected disabled veterans-owned businesses and the
duties of agencies and the division of small business.

Section 369-b provides that veteran-owned businesses will be
considered the lowest bid in a competitive bid for a commodity if
their cost is within 10% of the lowest bid. For services, if the cost
component of a veteran-owned business bid is within 10% of the highest
scoring bid then the cost components shall be treated as equal for the
purposes of competitive scoring. Section 369-a also sets forth the
certification requirements for veteran-owned businesses and the duties
of agencies and the division of small business.

JUSTIFICATION: Those who have served in the uniform of our military
honorably are the true heroes of today. No matter where or when they
have served, in the jungles of Vietnam or the desert in Iraq, or the
mountains of Afghanistan, or stateside, these men and women have
helped the rest of us enjoy the freedoms of our way of life.

It is imperative, therefore, that we as a state should find every
opportunity to help veterans succeed in making a successful transition
of someone in the military to a civilian. Part of this includes
helping such veterans not only find jobs but help building careers as
well.

One such emerging employment segment is business entrepreneurship,
especially for service-connected disabled veterans. These veterans
have sacrificed their physical and emotional health in the defense of
this country.

This legislation is one-step in helping veterans in achieving their
dream of becoming successful business owners, especially in light of
these economic times and high unemployment rate for returning
veterans.

By creating procurement opportunities for veterans and
service-connected disabled veterans, we will not only help these


individuals and companies succeed but these owners will again be
contributing to our society and way of life.

LEGISLATIVE HISTORY: 6/18/12 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  3038

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 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  participation  by
  service-connected disabled veterans and veterans with respect to state
  contracts

  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  article  17-A
to read as follows:
                               ARTICLE 17-A
        PARTICIPATION BY SERVICE-CONNECTED DISABLED VETERANS AND
                VETERANS WITH RESPECT TO STATE CONTRACTS
SECTION 369.   DEFINITIONS.
        369-A. OPPORTUNITIES  FOR  CERTIFIED  SERVICE-CONNECTED DISABLED
                 VETERAN-OWNED BUSINESS ENTERPRISES.
        369-B. OPPORTUNITIES FOR CERTIFIED VETERAN-OWNED BUSINESS ENTER-
                 PRISES.
        369-C. SEVERABILITY.
  S 369. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "AGENCY" OR "AGENCIES" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN
SUBDIVISION NINE OF SECTION ONE HUNDRED SIXTY OF THE STATE FINANCE LAW.
  2.  "PERIOD OF WAR" MEANS THE SPANISH AMERICAN WAR; THE MEXICAN BORDER
PERIOD; WORLD WAR I; WORLD WAR II; THE HOSTILITIES KNOWN AS  THE  KOREAN
WAR,  WHICH  COMMENCED  JUNE  TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY AND
TERMINATED ON JANUARY THIRTY-FIRST,  NINETEEN  HUNDRED  FIFTY-FIVE;  THE
HOSTILITIES  KNOWN AS THE VIETNAM WAR, WHICH COMMENCED ON FEBRUARY TWEN-
TY-EIGHTH, NINETEEN HUNDRED SIXTY-ONE AND  TERMINATED  ON  MAY  SEVENTH,
NINETEEN  HUNDRED SEVENTY-FIVE; AND THE HOSTILITIES KNOWN AS THE PERSIAN
GULF CONFLICT, WHICH COMMENCED AUGUST SECOND, NINETEEN HUNDRED NINETY TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07355-01-3

S. 3038                             2

THE END OF SUCH CONFLICT INCLUDING MILITARY SERVICE IN OPERATION  ENDUR-
ING  FREEDOM,  OPERATION IRAQI FREEDOM OR OPERATION NEW DAWN AND WAS THE
RECIPIENT OF THE GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL OR THE IRAQ
CAMPAIGN MEDAL OR THE AFGHANISTAN CAMPAIGN MEDAL.
  3. "SERVICE-CONNECTED DISABLED VETERAN" MEANS A VETERAN WHO RECEIVED A
COMPENSATION  RATING  FROM  THE  UNITED  STATES  DEPARTMENT OF VETERANS'
AFFAIRS OR FROM THE UNITED STATES DEPARTMENT OF  DEFENSE  BECAUSE  OF  A
SERVICE-CONNECTED  DISABILITY INCURRED IN THE LINE OF DUTY IN THE ACTIVE
MILITARY, NAVAL OR AIR SERVICE.
  4. "CERTIFIED SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISE" SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING  A  SOLE  PROPRIETOR-
SHIP, PARTNERSHIP, OR CORPORATION THAT IS:
  (A)  AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE SERVICE-CONNECTED
DISABLED VETERANS;
  (B) AN ENTERPRISE IN WHICH  SUCH  SERVICE-CONNECTED  DISABLED  VETERAN
OWNERSHIP IS REAL, SUBSTANTIAL, AND CONTINUING;
  (C)  AN  ENTERPRISE  IN  WHICH SUCH SERVICE-CONNECTED DISABLED VETERAN
OWNERSHIP HAS AND EXERCISES THE AUTHORITY TO CONTROL  INDEPENDENTLY  THE
DAY-TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE;
  (D) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND IS INDE-
PENDENTLY OWNED AND OPERATED;
  (E)  AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE OWNER-
SHIP, CONTROL AND OPERATION ARE RELIED UPON FOR  CERTIFICATION,  WITH  A
PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU-
SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR;
  (F)  AN  ENTERPRISE  THAT  IS A SMALL BUSINESS PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION; AND
  (G) CERTIFIED PURSUANT TO SUBDIVISION THREE OF SECTION  THREE  HUNDRED
SIXTY-NINE-A OF THIS ARTICLE.
  5.  "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
  6. "VETERAN" SHALL MEAN A PERSON WHO SERVED IN  THE  ACTIVE  MILITARY,
NAVAL,  OR AIR SERVICE DURING A PERIOD OF WAR, OR WAS A RECIPIENT OF THE
ARMED FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS
EXPEDITIONARY MEDAL, OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, AND
WAS DISCHARGED OR  RELEASED  THEREFROM  UNDER  OTHER  THAN  DISHONORABLE
DISCHARGE.
  7. "CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISE" SHALL MEAN A BUSINESS
ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION
THAT IS:
  (A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE VETERANS;
  (B)  AN  ENTERPRISE  IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTAN-
TIAL, AND CONTINUING;
  (C) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP  HAS  AND  EXERCISES
THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
OF THE ENTERPRISE;
  (D)  AN  ENTERPRISE  AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED;
  (E) AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE  OWNER-
SHIP,  CONTROL  AND OPERATION WERE RELIED UPON FOR CERTIFICATION, WITH A
PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU-
SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR;
  (F) AN ENTERPRISE THAT IS A SMALL  BUSINESS  PURSUANT  TO  SUBDIVISION
FIVE OF THIS SECTION; AND

S. 3038                             3

  (G)  CERTIFIED  PURSUANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED
SIXTY-NINE-B OF THIS ARTICLE.
  S 369-A. OPPORTUNITIES FOR CERTIFIED SERVICE-CONNECTED DISABLED VETER-
AN-OWNED  BUSINESS  ENTERPRISES.    1. CONTRACT PREFERENCES. EACH AGENCY
SHALL PROVIDE THE OPPORTUNITY FOR CERTIFIED  SERVICE-CONNECTED  DISABLED
VETERAN-OWNED  BUSINESS  ENTERPRISES  TO MAXIMIZE THEIR PARTICIPATION IN
THE PERFORMANCE OF STATE CONTRACTS. A BID BY A  SERVICE-CONNECTED  DISA-
BLED  VETERAN-OWNED  BUSINESS  ENTERPRISE SHALL BE TREATED AS THE LOWEST
BID IN A COMPETITIVE PROCESS FOR A COMMODITY IF IT  COST  NO  MORE  THAN
FIFTEEN PERCENT HIGHER THAN THE LOWEST BID AND FOR SERVICES, IF THE COST
COMPONENT IS NO MORE THAN FIFTEEN PERCENT HIGHER THAN THE COST COMPONENT
OF  THE  HIGHEST SCORING BID, THESE COMPONENTS SHALL BE TREATED AS EQUAL
FOR PURPOSES OF COMPETITIVE SCORING.
  2. DUTIES OF AGENCIES. IN ORDER TO IMPLEMENT THE PROVISIONS AND POLICY
ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AGENCIES SHALL:
  (A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND  POLICY  ESTAB-
LISHED  IN  SUBDIVISION  ONE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
SUCH STRATEGY;
  (B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, POST SUCH  STRATEGY
UPON  THE  WEBSITE  OF SUCH AGENCY, AND REPORT ANNUALLY TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE  ASSEMBLY,
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; AND
  (D) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
  (I)  ENCOURAGING   AND   FACILITATING   PARTICIPATION   BY   CERTIFIED
SERVICE-CONNECTED  DISABLED VETERAN-OWNED BUSINESS ENTERPRISES IN COMPE-
TITIONS FOR AWARD OF AGENCY CONTRACTS;
  (II) ENCOURAGING AGENCY  CONTRACTORS  TO  SUBCONTRACT  WITH  CERTIFIED
SERVICE-CONNECTED   DISABLED   VETERAN-OWNED  BUSINESS  ENTERPRISES  AND
ACTIVELY MONITORING AND EVALUATING AGENCY CONTRACTOR'S EFFORTS TO DO SO;
  (III) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES  RELAT-
ING   TO   PARTICIPATION   OF   CERTIFIED   SERVICE-CONNECTED   DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES IN STATE CONTRACTING; AND
  (IV) DISSEMINATING INFORMATION TO CERTIFIED SERVICE-CONNECTED DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES THAT WOULD ASSIST THESE BUSINESSES IN
PARTICIPATING IN AWARDS OF AGENCY CONTRACTS.
  3. CERTIFICATION.  (A) THE DEPUTY COMMISSIONER RESPONSIBLE FOR HEADING
THE DIVISION FOR SMALL BUSINESS WITHIN THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT, AS ESTABLISHED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE
ECONOMIC DEVELOPMENT LAW SHALL PROMULGATE RULES AND REGULATIONS  PROVID-
ING FOR THE ESTABLISHMENT OF A STATEWIDE CERTIFICATION PROGRAM INCLUDING
RULES  AND  REGULATIONS GOVERNING THE APPROVAL, DENIAL, OR REVOCATION OF
ANY SUCH CERTIFICATION. SUCH RULES AND REGULATIONS  SHALL  INCLUDE,  BUT
NOT  BE  LIMITED  TO, SUCH MATTERS AS MAY BE REQUIRED TO ENSURE THAT THE
ESTABLISHED PROCEDURES THEREUNDER SHALL AT LEAST BE IN  COMPLIANCE  WITH
THE  CODE  OF  FAIR  PROCEDURE SET FORTH IN SECTION SEVENTY-THREE OF THE
CIVIL RIGHTS LAW.
  (B) THE DIVISION FOR SMALL BUSINESS SHALL BE RESPONSIBLE FOR VERIFYING
BUSINESSES AS BEING OWNED, OPERATED, AND CONTROLLED  BY  A  SERVICE-CON-
NECTED  DISABLED  VETERAN  AND  FOR CERTIFYING SUCH VERIFIED BUSINESSES.
STATUS AS A SERVICE-CONNECTED DISABLED VETERAN SHALL BE DOCUMENTED BY  A
COPY  OF  THE  VETERAN'S CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE
DUTY ALSO KNOWN AS A DD-214 FORM OR  AN  HONORABLE  SERVICE  CERTIFICATE
REPORT  OF CAUSALITY FROM THE DEPARTMENT OF DEFENSE, A LETTER OF CERTIF-
ICATION BY THE UNITED STATES  DEPARTMENT  OF  VETERANS  AFFAIRS  OR  THE

S. 3038                             4

UNITED  STATES DEPARTMENT OF DEFENSE AND ANY ADDITIONAL INFORMATION THAT
MAY BE REQUIRED BY THE DIVISION FOR SMALL BUSINESS. THE  DEPUTY  COMMIS-
SIONER  OF  THE DIVISION FOR SMALL BUSINESS SHALL PREPARE A DIRECTORY OF
CERTIFIED  SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
FOR USE BY AGENCIES IN CARRYING OUT THE PROVISIONS OF THIS SECTION. SUCH
DIRECTORY SHALL BE PUBLICLY  POSTED  ON  THE  EMPIRE  STATE  DEVELOPMENT
CORPORATION  WEBSITE.  THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL
BUSINESS SHALL PERIODICALLY UPDATE THE DIRECTORY.
  (C) FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS  SECTION,
THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE
THE  APPLICANT  WITH  WRITTEN  NOTICE  OF THE STATUS OF THE APPLICATION,
INCLUDING NOTICE OF ANY OUTSTANDING DEFICIENCIES,  WITHIN  THIRTY  DAYS.
WITHIN  SIXTY  DAYS  OF SUBMISSION OF A FINAL COMPLETED APPLICATION, THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE THE
APPLICANT WITH WRITTEN NOTICE OF A DETERMINATION BY THE  DEPUTY  COMMIS-
SIONER  OF  THE  DIVISION  FOR  SMALL BUSINESS APPROVING OR DENYING SUCH
CERTIFICATION AND, IN THE EVENT OF A DENIAL, A STATEMENT  SETTING  FORTH
THE  REASONS  FOR  SUCH DENIAL. UPON A DETERMINATION DENYING OR REVOKING
CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION HAS  BEEN
SO DENIED OR REVOKED SHALL, UPON WRITTEN REQUEST MADE WITHIN THIRTY DAYS
FROM  RECEIPT  OF NOTICE OF SUCH DETERMINATION, BE ENTITLED TO A HEARING
BEFORE AN INDEPENDENT HEARING OFFICER DESIGNATED FOR SUCH PURPOSE BY THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.   IN  THE  EVENT
THAT  A REQUEST FOR A HEARING IS NOT MADE WITHIN SUCH THIRTY DAY PERIOD,
SUCH DETERMINATION SHALL BE DEEMED TO BE FINAL. THE INDEPENDENT  HEARING
OFFICER SHALL CONDUCT A HEARING AND UPON THE CONCLUSION OF SUCH HEARING,
ISSUE  A  WRITTEN RECOMMENDATION TO THE DEPUTY COMMISSIONER OF THE DIVI-
SION FOR SMALL BUSINESS TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMINATION
OF THE DEPUTY COMMISSIONER OF THE  DIVISION  FOR  SMALL  BUSINESS.  SUCH
WRITTEN  RECOMMENDATION  SHALL  BE  ISSUED  TO  THE  PARTIES. THE DEPUTY
COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS, WITHIN THIRTY DAYS,  BY
ORDER,  MUST ACCEPT, REJECT OR MODIFY SUCH RECOMMENDATION OF THE HEARING
OFFICER AND SET FORTH IN WRITING THE REASON THEREFOR. THE DEPUTY COMMIS-
SIONER OF THE DIVISION FOR SMALL BUSINESS SHALL SERVE  A  COPY  OF  SUCH
ORDER  AND  REASONS  THEREFOR  UPON  THE BUSINESS ENTERPRISE BY PERSONAL
SERVICE OR BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. THE ORDER OF  THE
DEPUTY  COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL BE SUBJECT
TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW
AND RULES.
  (D) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
  4.  DUTIES  OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL:
  (A) DESIGNATE AN APPROPRIATE ENTITY  WITHIN  THE  DIVISION  FOR  SMALL
BUSINESS  THAT  SHALL,  IN  CONSULTATION  WITH THE DIVISION OF VETERANS'
AFFAIRS, PROVIDE TO CERTIFIED SERVICE-CONNECTED  DISABLED  VETERAN-OWNED
BUSINESS ENTERPRISES INFORMATION AND ASSISTANCE CONCERNING PARTICIPATION
IN STATE CONTRACTING;
  (B)  ADVISE AND ASSIST AGENCIES IN THEIR IMPLEMENTATION OF SUBDIVISION
ONE OF THIS SECTION; AND
  (C)   MAKE   AVAILABLE   TO   CERTIFIED   SERVICE-CONNECTED   DISABLED
VETERAN-OWNED  BUSINESS  ENTERPRISES  TRAINING IN STATE CONTRACTING LAW,
PROCEDURES, AND PRACTICES THAT WOULD ASSIST SUCH BUSINESSES  IN  PARTIC-
IPATING  IN  STATE  CONTRACTING  AND MAKE THIS TRAINING AVAILABLE ONLINE
THROUGH A CONTINUOUS LEARNING PROGRAM.
  S 369-B. OPPORTUNITIES FOR  CERTIFIED  VETERAN-OWNED  BUSINESS  ENTER-
PRISES.  1. CONTRACT PREFERENCES. EACH AGENCY SHALL PROVIDE THE OPPORTU-

S. 3038                             5

NITY  FOR CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES TO MAXIMIZE THEIR
PARTICIPATION IN THE PERFORMANCE OF STATE CONTRACTS. A BID BY  A  VETER-
AN-OWNED  BUSINESS  ENTERPRISE  SHALL  BE TREATED AS THE LOWEST BID IN A
COMPETITIVE  PROCESS FOR A COMMODITY IF IT COST NO MORE THAN TEN PERCENT
HIGHER THAN THE LOWEST BID AND FOR SERVICES, IF THE COST COMPONENT IS NO
MORE THAN TEN PERCENT HIGHER THAN THE  COST  COMPONENT  OF  THE  HIGHEST
SCORING  BID, THESE COMPONENTS SHALL BE TREATED AS EQUAL FOR PURPOSES OF
COMPETITIVE SCORING.
  2. DUTIES OF AGENCIES. IN ORDER TO IMPLEMENT THE PROVISIONS AND POLICY
ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AGENCIES SHALL:
  (A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND  POLICY  ESTAB-
LISHED  IN  SUBDIVISION  ONE 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, AND THE SPEAKER OF  THE
ASSEMBLY 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; AND
  (D) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
  (I)  ENCOURAGING   AND   FACILITATING   PARTICIPATION   BY   CERTIFIED
VETERAN-OWNED  BUSINESS  ENTERPRISES IN COMPETITIONS FOR AWARD OF AGENCY
CONTRACTS;
  (II) ENCOURAGING AGENCY  CONTRACTORS  TO  SUBCONTRACT  WITH  CERTIFIED
VETERAN-OWNED  BUSINESS ENTERPRISES AND ACTIVELY MONITORING AND EVALUAT-
ING AGENCY CONTRACTOR'S EFFORTS TO DO SO;
  (III) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES  RELAT-
ING  TO PARTICIPATION OF CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES IN
STATE CONTRACTING; AND
  (IV) DISSEMINATING INFORMATION  TO  CERTIFIED  VETERAN-OWNED  BUSINESS
ENTERPRISES  THAT  WOULD  ASSIST  THESE  BUSINESSES  IN PARTICIPATING IN
AWARDS OF AGENCY CONTRACTS.
  3. CERTIFICATION. (A) THE DEPUTY COMMISSIONER RESPONSIBLE FOR  HEADING
THE DIVISION FOR SMALL BUSINESS WITHIN THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT, AS ESTABLISHED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE
ECONOMIC  DEVELOPMENT LAW SHALL PROMULGATE RULES AND REGULATIONS PROVID-
ING FOR THE ESTABLISHMENT OF A STATEWIDE CERTIFICATION PROGRAM INCLUDING
RULES AND REGULATIONS GOVERNING THE APPROVAL, DENIAL, OR  REVOCATION  OF
ANY  SUCH  CERTIFICATION.  SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT
NOT BE LIMITED TO, SUCH MATTERS AS MAY BE REQUIRED TO  ENSURE  THAT  THE
ESTABLISHED  PROCEDURES  THEREUNDER SHALL AT LEAST BE IN COMPLIANCE WITH
THE CODE OF FAIR PROCEDURE SET FORTH IN  SECTION  SEVENTY-THREE  OF  THE
CIVIL RIGHTS LAW.
  (B) THE DIVISION FOR SMALL BUSINESS SHALL BE RESPONSIBLE FOR VERIFYING
BUSINESSES AS BEING OWNED, OPERATED, AND CONTROLLED BY A VETERAN AND FOR
CERTIFYING  SUCH VERIFIED BUSINESSES. STATUS AS A VETERAN SHALL BE DOCU-
MENTED BY A COPY OF THE VETERAN'S CERTIFICATE OF  RELEASE  OR  DISCHARGE
FROM  ACTIVE  DUTY  ALSO  KNOWN AS A DD-214 FORM OR AN HONORABLE SERVICE
CERTIFICATE REPORT OF CAUSALITY FROM THE DEPARTMENT OF DEFENSE, A LETTER
OF CERTIFICATION BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS  OR
THE  UNITED  STATES DEPARTMENT OF DEFENSE AND ANY ADDITIONAL INFORMATION
THAT MAY BE REQUIRED BY THE DIVISION  FOR  SMALL  BUSINESS.  THE  DEPUTY
COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PREPARE A DIRECTO-
RY  OF  CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES FOR USE BY AGENCIES
IN CARRYING OUT THE PROVISIONS OF THIS SECTION.  SUCH DIRECTORY SHALL BE
PUBLICLY POSTED ON THE EMPIRE STATE DEVELOPMENT CORPORATION WEBSITE. THE

S. 3038                             6

DEPUTY COMMISSIONER OF THE DIVISION FOR  SMALL  BUSINESS  SHALL  PERIOD-
ICALLY UPDATE THE DIRECTORY.
  (C)  FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS SECTION,
THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE
THE APPLICANT WITH WRITTEN NOTICE OF  THE  STATUS  OF  THE  APPLICATION,
INCLUDING  NOTICE  OF  ANY OUTSTANDING DEFICIENCIES, WITHIN THIRTY DAYS.
WITHIN SIXTY DAYS OF SUBMISSION OF A FINAL  COMPLETED  APPLICATION,  THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE THE
APPLICANT  WITH  WRITTEN NOTICE OF A DETERMINATION BY THE DEPUTY COMMIS-
SIONER OF THE DIVISION FOR SMALL  BUSINESS  APPROVING  OR  DENYING  SUCH
CERTIFICATION  AND,  IN THE EVENT OF A DENIAL, A STATEMENT SETTING FORTH
THE REASONS FOR SUCH DENIAL. UPON A DETERMINATION  DENYING  OR  REVOKING
CERTIFICATION,  THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION HAS BEEN
SO DENIED OR REVOKED SHALL, UPON WRITTEN REQUEST MADE WITHIN THIRTY DAYS
FROM RECEIPT OF NOTICE OF SUCH DETERMINATION, BE ENTITLED TO  A  HEARING
BEFORE AN INDEPENDENT HEARING OFFICER DESIGNATED FOR SUCH PURPOSE BY THE
DEPUTY  COMMISSIONER  OF  THE  DIVISION FOR SMALL BUSINESS. IN THE EVENT
THAT A REQUEST FOR A HEARING IS NOT MADE WITHIN SUCH THIRTY DAY  PERIOD,
SUCH DETERMINATION SHALL BE DEEMED TO BE FINAL.  THE INDEPENDENT HEARING
OFFICER SHALL CONDUCT A HEARING AND UPON THE CONCLUSION OF SUCH HEARING,
ISSUE  A  WRITTEN RECOMMENDATION TO THE DEPUTY COMMISSIONER OF THE DIVI-
SION FOR SMALL BUSINESS TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMINATION
OF THE DEPUTY COMMISSIONER OF THE  DIVISION  FOR  SMALL  BUSINESS.  SUCH
WRITTEN  RECOMMENDATION  SHALL  BE  ISSUED  TO  THE  PARTIES. THE DEPUTY
COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS, WITHIN THIRTY DAYS,  BY
ORDER,  MUST ACCEPT, REJECT OR MODIFY SUCH RECOMMENDATION OF THE HEARING
OFFICER AND SET FORTH  IN  WRITING  THE  REASONS  THEREFOR.  THE  DEPUTY
COMMISSIONER  OF  THE  DIVISION FOR SMALL BUSINESS SHALL SERVE A COPY OF
SUCH ORDER AND REASONS THEREFOR UPON THE BUSINESS ENTERPRISE BY PERSONAL
SERVICE OR BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. THE ORDER OF  THE
DEPUTY  COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL BE SUBJECT
TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW
AND RULES.
  (D) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
  4.  DUTIES  OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL:
  (A) DESIGNATE AN APPROPRIATE ENTITY  WITHIN  THE  DIVISION  FOR  SMALL
BUSINESS  THAT  SHALL,  IN  CONSULTATION  WITH THE DIVISION OF VETERANS'
AFFAIRS, PROVIDE TO VETERAN-OWNED BUSINESS ENTERPRISES  INFORMATION  AND
ASSISTANCE CONCERNING PARTICIPATION IN STATE CONTRACTING;
  (B)  ADVISE AND ASSIST AGENCIES IN THEIR IMPLEMENTATION OF SUBDIVISION
ONE OF THIS SECTION; AND
  (C) MAKE AVAILABLE TO VETERAN-OWNED BUSINESS ENTERPRISES  TRAINING  IN
STATE  CONTRACTING LAW, PROCEDURES, AND PRACTICES THAT WOULD ASSIST SUCH
BUSINESSES IN PARTICIPATING IN STATE CONTRACTING AND MAKE THIS  TRAINING
AVAILABLE ONLINE THROUGH A CONTINUOUS LEARNING PROGRAM.
  S  369-C. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
DICTION  TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN  ITS  OPERATION  TO
THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECT-
LY  INVOLVED  IN  THE  CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN
RENDERED.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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