S T A T E O F N E W Y O R K
________________________________________________________________________
10388
I N A S S E M B L Y
May 24, 2012
___________
Introduced by M. of A. RAMOS, ENGLEBRIGHT, ORTIZ, McENENY, LAVINE --
read once and referred to the Committee on Governmental Operations
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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15990-01-2
A. 10388 2
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) IS 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 ENTERPRISES" SHALL MEAN A BUSI-
NESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPO-
RATION THAT IS:
(A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE VETERAN;
(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
(G) IS 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.
A. 10388 3
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 DISABLED 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 SCOR-
ING.
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
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
A. 10388 4
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-
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
A. 10388 5
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
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PERIOD-
ICALLY UPDATE THE DIRECTORY.
A. 10388 6
(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 immediately.