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Senate Bill S5538A

2009-2010 Legislative Session

Relates to bids for the purchasing of services or commodities submitted by bidders who do business with a nation identified as a state sponsor of terrorism

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-S5538 - Details

See Assembly Version of this Bill:
A10203
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add §169, St Fin L

2009-S5538 - Summary

Relates 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.

2009-S5538 - Sponsor Memo

2009-S5538 - Bill Text download pdf 

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

                                  5538

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 14, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

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, HAS EVER
ENGAGED IN BUSINESS WITH A NATION  IDENTIFIED  AS  A  STATE  SPONSOR  OF
TERRORISM.  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 MEAN IRAN, NORTH KOREA, SUDAN AND SYRIA.
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
COMPANIES DOING BUSINESS IN OR WITH A NATION IDENTIFIED AS A STATE SPON-
SOR OF TERRORISM SHALL INCLUDE  THOSE  COMPANIES  THAT  THE  COMPTROLLER
DETERMINES  PROVIDE MILITARY EQUIPMENT, ARMS, OR DEFENSE SUPPLIES TO ANY
DOMESTIC PARTY IN SUCH NATION INCLUDING ITS GOVERNMENT AND REBELS OR ANY
EQUIPMENT THAT MAY BE READILY CO-OPTED FOR MILITARY USE INCLUDING  RADAR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11763-01-9

2009-S5538A (ACTIVE) - Details

See Assembly Version of this Bill:
A10203
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add §169, St Fin L

2009-S5538A (ACTIVE) - Summary

Relates 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.

2009-S5538A (ACTIVE) - Sponsor Memo

2009-S5538A (ACTIVE) - Bill Text download pdf 

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

                                 5538--A
    Cal. No. 356

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 14, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance --  recommit-
  ted to the Committee on Finance in accordance with Senate Rule 6, sec.
  8  --  reported  favorably  from  said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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-

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

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