Assembly Bill A9992

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

                                  9992

                          I N  A S S E M B L Y

                             April 30, 2012
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Ways and Means

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. Short title. This act shall be known and may  be  cited  as
the "Protect New York jobs act".
  S  2. 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-TWO OF THIS ARTICLE;
  S 3. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06129-04-2
              

A. 9992                             2

commissioner  of education, or incorporated under the laws of this state
and approved for such purposes by the commissioner of education[.]; OR
  G.  COMMODITIES  OR SERVICES PRODUCED BY A COMPANY WHOSE PRIMARY BUSI-
NESS PRESENCE IS LOCATED IN NEW YORK STATE, THAT  REALIZES,  ALONG  WITH
THE  GROSS  REVENUES OF ITS AFFILIATES AND RELATED MEMBERS, NO LESS THAN
FIFTY PERCENT OF ITS COMBINED GROSS REVENUES, AS  DEFINED  BY  GENERALLY
ACCEPTED  ACCOUNTING PRINCIPLES, FROM BUSINESS ACTIVITY GENERATED IN NEW
YORK STATE, AND THAT HAS AT LEAST FIFTY-ONE PERCENT OF ITS,  ALONG  WITH
ITS  AFFILIATED  AND  RELATED  MEMBERS,  FULLTIME  EQUIVALENT  EMPLOYEES
EMPLOYED IN NEW YORK STATE, AND WHOSE PRIMARY BUSINESS  ACTIVITY  IS  TO
CONDUCT SUCH ACTIVITY IN ANY CAPACITY OTHER THAN GOVERNMENTAL RELATIONS.
  S 4. 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  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.