S T A T E O F N E W Y O R K
________________________________________________________________________
7743
I N S E N A T E
May 6, 2010
___________
Introduced by Sens. GOLDEN, McDONALD, HANNON, LARKIN, PADAVAN, SEWARD,
VOLKER -- 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 preferred source
status for the purposes of procurement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph i of subdivision 2 of section 161 of the state
finance law, as added by chapter 83 of the laws of 1995, is amended to
read as follows:
i. Establish and, from time to time, amend guidelines for the procure-
ment of services and technology in accordance with the provisions of
this article. Such guidelines shall ensure the wise and prudent use of
public money in the best interest of the taxpayers of the state; guard
against favoritism, improvidence, extravagance, fraud and corruption;
and ensure that service contracts are awarded on the basis of best
value, including, but not limited to, the following criteria: quality,
cost, and efficiency; AND ALL OTHER CRITERIA BEING EQUAL, THE ECONOMIC
NEXUS OF THE VENDOR AS PROVIDED FOR IN PARAGRAPH G OF SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-ONE OF THIS ARTICLE;
S 2. Paragraphs e and f of subdivision 2 of section 162 of the state
finance law, paragraph e as amended and paragraph f as added by chapter
501 of the laws of 2002, are amended, and a new paragraph g is added to
read as follows:
e. Commodities and services produced by a qualified veterans' workshop
providing job and employment-skills training to veterans where such a
workshop is operated by the United States department of veterans affairs
and is manufacturing products or performing services within this state
and where such workshop is approved for such purposes by the commission-
er of education; [or]
f. Commodities and services produced by any qualified charitable non-
profit-making workshop for veterans approved for such purposes by the
commissioner of education, or incorporated under the laws of this state
and approved for such purposes by the commissioner of education[.]; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17081-01-0
S. 7743 2
G. COMMODITIES AND SERVICES PRODUCED BY A COMPANY WHOSE PRIMARY BUSI-
NESS PRESENCE IS LOCATED IN NEW YORK STATE, THAT REALIZES NO LESS THAN
TWENTY PERCENT OF ITS GROSS REVENUE, AS DEFINED BY GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES, FROM BUSINESS ACTIVITY GENERATED IN NEW YORK
STATE, AND THAT HAS AT LEAST ONE EMPLOYEE WHO RESIDES FULL-TIME IN NEW
YORK STATE AND WHOSE PRIMARY ROLE IS TO CONDUCT BUSINESS IN ANY CAPACITY
OTHER THAN GOVERNMENT RELATIONS.
S 3. Subparagraph (iii) of paragraph a of subdivision 4 of section 162
of the state finance law, as added by chapter 83 of the laws of 1995, is
amended to read as follows:
(iii) When commodities are available, in the form, function and utili-
ty required by, a state agency or political subdivision or public bene-
fit corporation having their own purchasing agency, and such commodities
are not available pursuant to subparagraphs (i) and (ii) of this para-
graph, said commodities shall then be purchased from a qualified non-
profit-making agency for other severely disabled persons, a qualified
special employment program for mentally ill persons, [or] a qualified
veterans' workshop, OR A NEW YORK BASED VENDOR AS PROVIDED FOR IN PARA-
GRAPH G OF SUBDIVISION TWO OF THIS SECTION;
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.