S T A T E O F N E W Y O R K
________________________________________________________________________
10203--A
I N A S S E M B L Y
March 11, 2010
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Introduced by M. of A. BROOK-KRASNY, FIELDS, SKARTADOS, LANCMAN, KOON,
GIBSON, WEISENBERG, CASTRO, SPANO -- Multi-Sponsored by -- M. of A.
BACALLES, GABRYSZAK, GALEF, GORDON, HIKIND, JEFFRIES, JOHN, MOLINARO,
ORTIZ, RAIA, SCHIMEL, SWEENEY, TOWNSEND -- read once and referred to
the Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the state finance law, in relation to bids for the
purchasing of services or commodities by state agencies submitted by
bidders who do business with a nation identified as a state sponsor of
terrorism
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
169 to read as follows:
S 169. PURCHASING SERVICES AND COMMODITIES; PROHIBITION AGAINST STATE
SPONSORED TERRORISM. 1. ANY STATE AGENCY PROCURING SERVICES OR COMMOD-
ITIES BY AN INVITATION FOR BID, A REQUEST FOR PROPOSALS OR ANY OTHER
APPROVED MEANS OF SOLICITATION SHALL REQUIRE THAT EACH BID SUBMITTED
SHALL DISCLOSE WHETHER OR NOT THE BIDDER, OR ANY SUBSIDIARY OF SUCH
BIDDER, WHETHER FROM THE UNITED STATES OR A FOREIGN COUNTRY, IS CURRENT-
LY DOING BUSINESS WITH A NATION IDENTIFIED AS A STATE SPONSOR OF TERROR-
ISM. IF DISCLOSURE IS MADE THAT SUCH BIDDER OR SUBSIDIARY HAS ENGAGED IN
BUSINESS WITH A NATION IDENTIFIED AS A STATE SPONSOR OF TERRORISM, SUCH
STATE AGENCY MAY REJECT SUCH BID, REGARDLESS OF WHETHER OR NOT SUCH BID
OFFERS THE LOWEST PRICE OR THE BEST VALUE AMONG BIDS SUBMITTED.
2. FOR PURPOSES OF THIS SECTION THE TERM "NATION IDENTIFIED AS A STATE
SPONSOR OF TERRORISM" SHALL BE AS DEFINED BY THE UNITED STATES DEPART-
MENT OF STATE.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
COMPANIES CURRENTLY DOING BUSINESS IN OR WITH A NATION IDENTIFIED AS A
STATE SPONSOR OF TERRORISM SHALL INCLUDE THOSE COMPANIES THAT THE COMP-
TROLLER DETERMINES PROVIDE MILITARY EQUIPMENT, ARMS, OR DEFENSE SUPPLIES
TO ANY DOMESTIC PARTY IN SUCH NATION INCLUDING ITS GOVERNMENT AND REBELS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11763-03-0
A. 10203--A 2
OR ANY EQUIPMENT THAT MAY BE READILY CO-OPTED FOR MILITARY USE INCLUDING
RADAR SYSTEMS AND MILITARY-GRADE TRANSPORT VEHICLES, UNLESS THAT COMPANY
HAS IMPLEMENTED SAFEGUARDS AGAINST SUCH CO-OPTION.
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
COMPANIES CURRENTLY DOING BUSINESS IN OR WITH A NATION IDENTIFIED AS A
STATE SPONSOR OF TERRORISM SHALL NOT INCLUDE THOSE COMPANIES THAT THE
COMPTROLLER DETERMINES EITHER DIRECTLY OR THROUGH AN AFFILIATED INSTRU-
MENTALITY, PROVIDE SERVICES CLEARLY DEDICATED TO SOCIAL DEVELOPMENT FOR
THE WHOLE NATION. SUCH ENTITIES INCLUDE, BUT ARE NOT LIMITED TO, THOSE
PROVIDING MEDICINE AND MEDICAL EQUIPMENT, AGRICULTURAL SUPPLIES AND
AGRICULTURAL INFRASTRUCTURE, EDUCATIONAL OPPORTUNITIES, JOURNALISM-RE-
LATED ACTIVITIES, AND GENERAL CONSUMER GOODS.
S 2. This act shall take effect immediately.