senate Bill S6609A

Enacts the "Service-Disabled Veteran-Owned Business Act"

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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

  • 12 / Feb / 2014
    • REFERRED TO FINANCE
  • 14 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 14 / Mar / 2014
    • PRINT NUMBER 6609A

Summary

Enacts the "Service-Disabled Veteran-Owned Business Act".

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Bill Details

Versions:
S6609
S6609A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add Art 17-B §§369-h - 369-k, amd §310, Exec L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6609--A

                            I N  S E N A T E

                            February 12, 2014
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read twice and ordered printed, and  when  printed
  to  be  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 expanding opportu-
  nities for service-disabled veteran-owned business enterprises

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative findings. New York state (the "state") is home
to more than 900,000 veterans, seventy-two percent of whom  have  served
during periods of conflict.  Additionally, the state is home to approxi-
mately  30,000 active duty military personnel as well as 30,000 national
guard and reserve personnel. In honor of their service to and  sacrifice
for  our nation, New York state declares that it is the public policy of
the state to promote and encourage the continuing  economic  development
of  service-disabled  veteran-owned  businesses.   In the furtherance of
this policy, the state aims to assist service-disabled veterans in play-
ing a greater role in the economy of the state and to provide additional
assistance and support to disabled veterans to better equip them to form
and expand small businesses, thereby enabling them to realize the Ameri-
can dream they fought to protect. To achieve this objective, the  legis-
lature finds that it is in the best interest of the economic development
of the state to enact the "Service-Disabled Veteran-Owned Business Act".
  S  1-a.  Short  title. This act shall be known and may be cited as the
"Service-Disabled Veteran-Owned Business Act".
  S 2. The executive law is amended by adding a new article 17-B to read
as follows:
                              ARTICLE 17-B
       PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO
                             STATE CONTRACTS
SECTION 369-H. DEFINITIONS.
        369-I. DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS  DEVELOP-
                 MENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12074-02-4

S. 6609--A                          2

        369-J. OPPORTUNITIES      FOR     CERTIFIED     SERVICE-DISABLED
                 VETERAN-OWNED BUSINESS ENTERPRISES.
        369-K. SEVERABILITY.
  S  369-H.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "CERTIFIED  SERVICE-DISABLED  VETERAN-OWNED  BUSINESS  ENTERPRISE"
SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PART-
NERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION THAT IS:
  (A)  AT  LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE SERVICE-DISABLED
VETERANS;
  (B) AN ENTERPRISE IN WHICH SUCH SERVICE-DISABLED VETERAN OWNERSHIP  IS
REAL, SUBSTANTIAL, AND CONTINUING;
  (C) AN ENTERPRISE IN WHICH SUCH SERVICE-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 THAT IS A SMALL BUSINESS  WHICH  HAS  A  SIGNIFICANT
BUSINESS  PRESENCE  IN THE STATE, NOT DOMINANT IN ITS FIELD, AND EMPLOYS
LESS THAN THREE HUNDRED PERSONS; AND
  (F) CERTIFIED BY THE OFFICE OF GENERAL SERVICES.
  2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF GENERAL
SERVICES.
  3. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE DIVISION OF SERVICE-DISA-
BLED VETERANS' BUSINESS DEVELOPMENT.
  4. "DIVISION" SHALL MEAN THE DIVISION  OF  SERVICE-DISABLED  VETERANS'
BUSINESS DEVELOPMENT IN THE OFFICE OF GENERAL SERVICES.
  5. "SERVICE DISABLED VETERAN" SHALL MEAN (A) IN THE CASE OF THE UNITED
STATES  ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL GUARD
OR AIR NATIONAL GUARD AND/OR RESERVES THEREOF, A VETERAN WHO RECEIVED  A
COMPENSATION  RATING  OF  TEN  PERCENT OR GREATER 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, AND (B) IN THE CASE OF THE NEW YORK GUARD OR THE NEW YORK NAVAL
MILITIA AND/OR RESERVES THEREOF, A VETERAN WHO  CERTIFIES,  PURSUANT  TO
THE  RULES  AND  REGULATIONS  PROMULGATED  BY  THE  DIRECTOR,  TO HAVING
INCURRED AN INJURY EQUIVALENT TO A COMPENSATION RATING OF TEN PERCENT OR
GREATER 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.
  6. "STATE AGENCY" SHALL MEAN (A) (I) ANY STATE DEPARTMENT, OR (II) ANY
DIVISION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR  (III)
THE  STATE  UNIVERSITY  OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK,
INCLUDING ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND  THE
INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR CONTRACT COLLEGES ON
BEHALF OF THE STATE, OR (IV) A BOARD, A MAJORITY OF  WHOSE  MEMBERS  ARE
APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING STATE OFFICERS
OR  EMPLOYEES AS DEFINED IN SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH
(I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS
LAW:
  (B)  A "STATE AUTHORITY," AS DEFINED IN SUBDIVISION ONE OF SECTION TWO
OF THE PUBLIC AUTHORITIES LAW, AND THE FOLLOWING:
        ALBANY COUNTY AIRPORT AUTHORITY;
        ALBANY PORT DISTRICT COMMISSION;
        ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
        BATTERY PARK CITY AUTHORITY;

S. 6609--A                          3

        CAYUGA COUNTY WATER AND SEWER AUTHORITY;
        (NELSON A. ROCKEFELLER) EMPIRE STATE PLAZA PERFORMING ARTS
          CENTER CORPORATION;
        INDUSTRIAL EXHIBIT AUTHORITY;
        LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
        LONG ISLAND POWER AUTHORITY;
        LONG ISLAND RAIL ROAD;
        LONG ISLAND MARKET AUTHORITY;
        MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
        METRO-NORTH COMMUTER RAILROAD;
        METROPOLITAN SUBURBAN BUS AUTHORITY;
        METROPOLITAN TRANSPORTATION AUTHORITY;
        NATURAL HERITAGE TRUST;
        NEW YORK CITY TRANSIT AUTHORITY;
        NEW YORK CONVENTION CENTER OPERATING CORPORATION;
        NEW YORK STATE BRIDGE AUTHORITY;
        NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
        NEW YORK STATE THRUWAY AUTHORITY;
        NIAGARA FALLS PUBLIC WATER AUTHORITY;
        NIAGARA FALLS WATER BOARD;
        PORT OF OSWEGO AUTHORITY;
        POWER AUTHORITY OF THE STATE OF NEW YORK;
        ROOSEVELT ISLAND OPERATING CORPORATION;
        SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
        STATE INSURANCE FUND;
        STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
        STATE UNIVERSITY CONSTRUCTION FUND;
        SYRACUSE REGIONAL AIRPORT AUTHORITY;
        TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
        UPPER MOHAWK VALLEY REGIONAL WATER BOARD.
        UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY.
        UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY.
        URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS.
  (C) THE  FOLLOWING  ONLY TO THE EXTENT OF STATE CONTRACTS ENTERED INTO
FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS  DEFINED  IN
PARAGRAPH (A) OR (B) OF THIS SUBDIVISION:
        DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
        FACILITIES DEVELOPMENT CORPORATION;
        NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
        NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
  7.  "STATE CONTRACT" SHALL MEAN ANY WRITTEN AGREEMENT FOR THE ACQUISI-
TION OF GOODS OR SERVICES OF ANY KIND BY A STATE AGENCY IN THE ACTUAL OR
ESTIMATED AMOUNT OF FIVE THOUSAND DOLLARS OR MORE.
  8. "VETERAN" SHALL MEAN A PERSON WHO SERVED IN AND WHO HAS RECEIVED AN
HONORABLE OR GENERAL DISCHARGE FROM, 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.
  S 369-I. DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS  DEVELOPMENT.
1.  THE  HEAD  OF  THE  DIVISION  OF SERVICE-DISABLED VETERANS' BUSINESS
DEVELOPMENT SHALL BE THE DIRECTOR WHO SHALL BE APPOINTED BY  THE  GOVER-
NOR, UPON ADVICE AND CONSENT OF THE SENATE, AND WHO SHALL HOLD OFFICE AT
THE PLEASURE OF THE COMMISSIONER.
  2.  THE  DIRECTOR  MAY  APPOINT  SUCH  DEPUTIES, ASSISTANTS, AND OTHER
EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF THE DUTIES  PRESCRIBED
HEREIN  SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW AND THE RULES

S. 6609--A                          4

AND REGULATIONS OF  THE  CIVIL  SERVICE  COMMISSION.  THE  DIRECTOR  MAY
REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
EXECUTIVE COMMISSION OR AGENCY OF THE STATE SUCH ASSISTANCE  AS  MAY  BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
  3. THE DIRECTOR SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  (A)  DEVELOP, COLLECT, SUMMARIZE AND DISSEMINATE INFORMATION THAT WILL
BE HELPFUL TO PERSONS AND ORGANIZATIONS THROUGHOUT THE STATE  IN  UNDER-
TAKING  OR  PROMOTING  THE  ESTABLISHMENT  AND SUCCESSFUL OPERATION OF A
SERVICE-DISABLED VETERAN-OWNED BUSINESS.
  (B) DEVELOP AND MAKE AVAILABLE TO STATE AGENCIES A DIRECTORY OF CERTI-
FIED SERVICE-DISABLED VETERAN-OWNED BUSINESS  ENTERPRISES  WHICH  SHALL,
WHEREVER  PRACTICABLE,  BE  DIVIDED  INTO CATEGORIES OF LABOR, SERVICES,
SUPPLIES, EQUIPMENT, MATERIALS AND RECOGNIZED  CONSTRUCTION  TRADES  AND
WHICH  SHALL  INDICATE AREAS OR LOCATIONS OF THE STATE WHERE SUCH ENTER-
PRISES ARE AVAILABLE TO PERFORM SERVICES.
  (C) ASSIST STATE AGENCIES IN THE DEVELOPMENT OF PROGRAMS TO FOSTER AND
PROMOTE THE USE OF SERVICE-DISABLED VETERAN-OWNED  BUSINESS  ENTERPRISES
ON STATE CONTRACTS.
  (D) COORDINATE THE PLANS, PROGRAMS AND OPERATIONS OF THE STATE GOVERN-
MENT  WHICH  AFFECT OR MAY CONTRIBUTE TO THE ESTABLISHMENT, PRESERVATION
AND DEVELOPMENT OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES.
  (E) IN CONJUNCTION WITH  THE  COMMISSIONER,  DEVELOP  A  COMPREHENSIVE
STATEWIDE  PLAN  AND  OPERATIONAL GUIDELINES TO PROMOTE SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES  AND  TO  ASSIST  THEM  IN  OBTAINING
OPPORTUNITIES TO PARTICIPATE IN THE PROCUREMENT OF GOODS AND SERVICES BY
THE  STATE,  INCLUDING  IDENTIFICATION  OF  BARRIERS TO SERVICE-DISABLED
VETERANS' BUSINESS DEVELOPMENT AND INVESTIGATION AND EVALUATION OF THEIR
IMPACT ON ACHIEVING THE OBJECTIVES OF THIS ARTICLE.
  4. THE COMMISSIONER SHALL:
  (A) COORDINATE TRAINING OF ALL PROCUREMENT PERSONNEL  OF  STATE  AGEN-
CIES, EMPHASIZING INCREASED SENSITIVITY AND RESPONSIVENESS TO THE UNIQUE
NEEDS AND REQUIREMENTS OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISES.
  (B)  CONDUCT  A  COORDINATED REVIEW OF ALL EXISTING AND PROPOSED STATE
TRAINING AND TECHNICAL ASSISTANCE ACTIVITIES IN DIRECT  SUPPORT  OF  THE
SERVICE-DISABLED   VETERANS'  BUSINESS  DEVELOPMENT  PROGRAM  TO  ASSURE
CONSISTENCY WITH THE OBJECTIVES OF THIS ARTICLE.
  (C) EVALUATE AND ASSESS AVAILABILITY  OF  FIRMS  FOR  THE  PURPOSE  OF
INCREASING PARTICIPATION OF SUCH FIRMS IN STATE CONTRACTING IN CONSULTA-
TION WITH RELEVANT STATE ENTITIES INCLUDING, BUT NOT LIMITED TO, THE NEW
YORK STATE DIVISION OF VETERANS' AFFAIRS.
  (D)  PROVIDE  ADVICE AND TECHNICAL ASSISTANCE TO PROMOTE SERVICE-DISA-
BLED VETERAN-OWNED BUSINESS ENTERPRISES' UNDERSTANDING OF STATE PROCURE-
MENT LAWS, PRACTICES AND  PROCEDURES  TO  FACILITATE  AND  INCREASE  THE
PARTICIPATION  OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES IN
STATE PROCUREMENT.
  (E) ESTABLISH REGULAR PERFORMANCE REPORTING SYSTEMS  REGARDING  IMPLE-
MENTATION  OF  THE PROGRAMS DESIGNED TO INCREASE SERVICE-DISABLED VETER-
AN-OWNED BUSINESS PARTICIPATION IN PROCUREMENT CONTRACTS BY STATE  AGEN-
CIES.
  S  369-J.  OPPORTUNITIES  FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED
BUSINESS ENTERPRISES. 1. THE DIRECTOR, OR IN THE ABSENCE OF A  DIRECTOR,
THE COMMISSIONER, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
CLE, SHALL PROMULGATE RULES AND REGULATIONS FOR THE FOLLOWING PURPOSES:
  (A)  PROVIDE MEASURES AND PROCEDURES TO ENSURE THAT CERTIFIED SERVICE-
DISABLED VETERAN-OWNED BUSINESS ENTERPRISES ARE AFFORDED THE OPPORTUNITY

S. 6609--A                          5

FOR MEANINGFUL PARTICIPATION IN THE PERFORMANCE OF STATE  CONTRACTS  AND
TO ASSIST IN STATE AGENCIES' IDENTIFICATION OF THOSE STATE CONTRACTS FOR
WHICH  CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES MAY
BEST PERFORM;
  (B)  PROVIDE FOR MEASURES AND PROCEDURES THAT ASSIST STATE AGENCIES IN
THE IDENTIFICATION OF STATE  CONTRACTS  WHERE  SERVICE-DISABLED  VETERAN
CONTRACT  GOALS  ARE PRACTICAL, FEASIBLE AND APPROPRIATE FOR THE PURPOSE
OF INCREASING THE UTILIZATION OF SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISE PARTICIPATION ON STATE CONTRACTS;
  (C) ACHIEVE A STATEWIDE GOAL FOR PARTICIPATION ON STATE  CONTRACTS  BY
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES OF FIVE PERCENT;
  (D) PROVIDE FOR THE CERTIFICATION AND DECERTIFICATION OF SERVICE-DISA-
BLED  VETERAN-OWNED  BUSINESS  ENTERPRISES  FOR  ALL  AGENCIES THROUGH A
SINGLE PROCESS;
  (E) PROVIDE FOR PROCEDURES  RELATING  TO  SUBMISSION  AND  RECEIPT  OF
APPLICATIONS  BY SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES FOR
CERTIFICATION;
  (F) PROVIDE FOR THE MONITORING AND COMPLIANCE OF  STATE  CONTRACTS  BY
STATE AGENCIES WITH RESPECT TO THE PROVISIONS OF THIS ARTICLE;
  (G)  PROVIDE  FOR  THE  REQUIREMENT THAT STATE AGENCIES SUBMIT REGULAR
REPORTS,  AS  DETERMINED  BY  THE  DIRECTOR,  WITH  RESPECT   TO   THEIR
SERVICE-DISABLED  VETERAN-OWNED  BUSINESS  ENTERPRISE  PROGRAM ACTIVITY,
INCLUDING BUT NOT LIMITED TO, UTILIZATION REPORTING AND  STATE  CONTRACT
MONITORING AND COMPLIANCE;
  (H)  NOTWITHSTANDING  ANY  PROVISION  OF  THE STATE FINANCE LAW OR THE
PUBLIC AUTHORITIES LAW TO THE CONTRARY, PROVIDE FOR THE  RESERVATION  OR
SET-ASIDE  OF CERTAIN PROCUREMENTS BY STATE AGENCIES IN ORDER TO ACHIEVE
THE OBJECTIVES OF THIS ARTICLE; AND
  (I) PROVIDE FOR ANY OTHER PURPOSES TO EFFECTUATE THIS ARTICLE.
  2. STATE AGENCIES SHALL ADMINISTER THE RULES AND  REGULATIONS  PROMUL-
GATED BY THE DIRECTOR FOR THE IMPLEMENTATION OF THIS ARTICLE.
  S  369-K. 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 3. The opening paragraph of subdivision 7  of  section  310  of  the
executive law, as amended by chapter 175 of the laws of 2010, is amended
to read as follows:
  "Minority-owned business enterprise" shall mean a business enterprise,
including  a sole proprietorship, partnership, LIMITED LIABILITY COMPANY
or corporation that is:
  S 4. This act shall take effect immediately; provided that the  amend-
ments to section 310 of the executive law, made by section three of this
act,  shall  not  affect the expiration of such section and shall expire
therewith.

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