senate Bill S3038A

2013-2014 Legislative Session

Relates to participation by service-connected disabled veterans and veterans with respect to state contracts

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Senate Actions - UPPERCASE
Jan 08, 2014 referred to veterans, homeland security and military affairs
Jun 17, 2013 print number 3038a
amend (t) and recommit to veterans, homeland security and military affairs
Jan 29, 2013 referred to veterans, homeland security and military affairs

Bill Amendments

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S3038 - Bill Details

See Assembly Version of this Bill:
A5553A
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Add Art 17-A §§369 - 369-c, Exec L; amd §2879, Pub Auth L
Versions Introduced in 2011-2012 Legislative Session:
A10388A, S7489A

S3038 - Bill Texts

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Relates to participation by service-connected disabled veterans and veterans with respect to state contracts.

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BILL NUMBER:S3038

TITLE OF BILL: An act to amend the executive law, in relation to
participation by service-connected disabled veterans and veterans with
respect to state contracts

PURPOSE: This legislation relates to participation by
service-disabled veterans and veterans with respect to state
contracts.

SUMMARY OF PROVISIONS: Creates new article 17-A of the executive law.
Section 369 sets forth definitions to be used in this article. Section
369-a provides that a service-connected disabled veteran-owned
business will be considered the lowest bid in a competitive bid for a
commodity if their cost is within 15% of the lowest bid. For services,
if the cost component of a service-connected disabled veteran owned
business bid is within 15% of the highest scoring bid then the cost
components shall be treated as equal for the purposes of competitive
scoring. Section 369-a also sets forth the certification requirements
for service-connected disabled veterans-owned businesses and the
duties of agencies and the division of small business.

Section 369-b provides that veteran-owned businesses will be
considered the lowest bid in a competitive bid for a commodity if
their cost is within 10% of the lowest bid. For services, if the cost
component of a veteran-owned business bid is within 10% of the highest
scoring bid then the cost components shall be treated as equal for the
purposes of competitive scoring. Section 369-a also sets forth the
certification requirements for veteran-owned businesses and the duties
of agencies and the division of small business.

JUSTIFICATION: Those who have served in the uniform of our military
honorably are the true heroes of today. No matter where or when they
have served, in the jungles of Vietnam or the desert in Iraq, or the
mountains of Afghanistan, or stateside, these men and women have
helped the rest of us enjoy the freedoms of our way of life.

It is imperative, therefore, that we as a state should find every
opportunity to help veterans succeed in making a successful transition
of someone in the military to a civilian. Part of this includes
helping such veterans not only find jobs but help building careers as
well.

One such emerging employment segment is business entrepreneurship,
especially for service-connected disabled veterans. These veterans
have sacrificed their physical and emotional health in the defense of
this country.

This legislation is one-step in helping veterans in achieving their
dream of becoming successful business owners, especially in light of
these economic times and high unemployment rate for returning
veterans.

By creating procurement opportunities for veterans and
service-connected disabled veterans, we will not only help these


individuals and companies succeed but these owners will again be
contributing to our society and way of life.

LEGISLATIVE HISTORY: 6/18/12 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  3038

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07355-01-3

S. 3038                             2

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.
  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) 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 ENTERPRISE" SHALL MEAN A BUSINESS
ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION
THAT IS:
  (A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE VETERANS;
  (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

S. 3038                             3

  (G)  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.    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  DISA-
BLED  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 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, 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

S. 3038                             4

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
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-

S. 3038                             5

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
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

S. 3038                             6

DEPUTY COMMISSIONER OF THE DIVISION FOR  SMALL  BUSINESS  SHALL  PERIOD-
ICALLY 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  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 on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

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S3038A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5553A
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Add Art 17-A §§369 - 369-c, Exec L; amd §2879, Pub Auth L
Versions Introduced in 2011-2012 Legislative Session:
A10388A, S7489A

S3038A (ACTIVE) - Bill Texts

view summary

Relates to participation by service-connected disabled veterans and veterans with respect to state contracts.

view sponsor memo
BILL NUMBER:S3038A

TITLE OF BILL: An act to amend the executive law and the public
authorities law, in relation to participation by service-connected
disabled veterans and veterans with respect to state contracts

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
provide service-connected disabled veteran-owned businesses and
veteran-owned businesses with increased opportunities in state
contracting.

SUMMARY OF SPECIFIC PROVISIONS: Creates new article 17-A of the
executive law. Section 369 sets forth definitions to be used in this
article. Section 369-a provides that a service-connected disabled
veteran-owned business will be considered the lowest bid in a
competitive bid for a commodity if their cost is within 15% of the
lowest bid. For services, if the cost component of a service-connected
disabled veteran-owned business bid is within 15% of the highest
scoring bid then the cost components shall be treated as equal for the
purposes of competitive scoring. Section 369-a also sets forth the
certification requirements for service-connected disabled
veterans-owned businesses and the duties of agencies and the division
of small business.

Section 369-b provides that veteran-owned businesses will be
considered the lowest bid in a competitive bid for a commodity if
their cost is within 10% of the lowest bid. For services, if the cost
component of a veteran-owned business bid is within 10% of the highest
scoring bid then the cost components shall be treated as equal for the
purposes of competitive scoring. Section 369-a also sets forth the
certification requirements for veteran-owned businesses and the duties
of agencies and the division of small business.

This bill would apply to state agencies, authorities, the State
University of New York and the City University of New York.

JUSTIFICATION: Those who have served in the uniform of our military
honorably are the true heroes of today. No matter where or when they
have served, in the jungles of Vietnam or the desert in Iraq, or the
mountains of Afghanistan, or stateside, these men and women have
helped the rest of us enjoy the freedoms of our way of life.

It is imperative, therefore, that we as a state should find every
opportunity to help veterans succeed in making a successful transition
of someone in the military to a civilian, Part of this includes
helping such veterans not only find jobs but help building careers as
well.

One such emerging employment segment is business entrepreneurship,
especially for service-connected disabled veterans. These veterans
have sacrificed their physical and emotional health in the defense of
this country.

This legislation is one-step in helping veterans in achieving their
dream of becoming successful business owners, especially in light of
these economic times and high unemployment rate for returning
veterans.


By creating procurement opportunities for veterans and
service-connected disabled veterans, we will not only help these
individuals and companies succeed but these owners will again be
contributing to our society and way of life.

PRIOR LEGISLATIVE HISTORY: This is a new bill

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: 180th day after it becomes a law.

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

                                 3038--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sens.  BALL, GIPSON, GOLDEN, GRISANTI, LARKIN, ZELDIN --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on Veterans, Homeland Security and Military Affairs --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the executive law and the public authorities 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 MEAN (A) (I) ANY STATE DEPARTMENT,  OR
(II)  ANY DIVISION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT,
OR (III) THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, INCLUDING ALL THEIR CONSTITUENT UNITS  EXCEPT  COMMUNITY  COLLEGES
AND   THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR  CONTRACT
COLLEGES ON BEHALF OF THE STATE, OR (IV) A BOARD, A  MAJORITY  OF  WHOSE
MEMBERS  ARE  APPOINTED  BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING
STATE OFFICERS OR EMPLOYEES AS DEFINED  IN  SUBPARAGRAPH  (I),  (II)  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07355-05-3

S. 3038--A                          2

(III)  OF  PARAGRAPH  (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
THE PUBLIC OFFICERS LAW;
  (B)  A "STATE AUTHORITY," AS DEFINED IN SUBDIVISION ONE OF SECTION TWO
OF THE PUBLIC AUTHORITIES LAW, AND THE FOLLOWING:
  ALBANY COUNTY AIRPORT AUTHORITY;
  ALBANY PORT DISTRICT COMMISSION;
  ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
  BATTERY PARK CITY AUTHORITY;
  CAYUGA COUNTY WATER AND SEWER AUTHORITY;
  (NELSON A. ROCKEFELLER) EMPIRE  STATE  PLAZA  PERFORMING  ARTS  CENTER
CORPORATION;
  INDUSTRIAL EXHIBIT AUTHORITY;
  LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
  LONG ISLAND POWER AUTHORITY;
  LONG ISLAND RAIL ROAD;
  LONG ISLAND MARKET AUTHORITY;
  MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
  METRO-NORTH COMMUTER RAILROAD;
  METROPOLITAN SUBURBAN BUS AUTHORITY;
  METROPOLITAN TRANSPORTATION AUTHORITY;
  NATURAL HERITAGE TRUST;
  NEW YORK CITY TRANSIT AUTHORITY;
  NEW YORK CONVENTION CENTER OPERATING CORPORATION;
  NEW YORK STATE BRIDGE AUTHORITY;
  NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
  NEW YORK STATE THRUWAY AUTHORITY;
  NIAGARA FALLS PUBLIC WATER AUTHORITY;
  NIAGARA FALLS WATER BOARD;
  PORT OF OSWEGO AUTHORITY;
  POWER AUTHORITY OF THE STATE OF NEW YORK;
  ROOSEVELT ISLAND OPERATION CORPORATION;
  SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
  STATE INSURANCE FUND;
  STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
  STATE UNIVERSITY CONSTRUCTION FUND;
  SYRACUSE REGIONAL AIRPORT AUTHORITY;
  TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
  UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
  UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
  UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
  URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS;
  (C)  THE  FOLLOWING ONLY TO THE EXTENT OF STATE CONTRACTS ENTERED INTO
FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS  DEFINED  IN
PARAGRAPH (A) OF (B) OF THIS SUBDIVISION:
  DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
  FACILITIES DEVELOPMENT CORPORATION;
  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
  NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
  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

S. 3038--A                          3

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.
  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

S. 3038--A                          4

  (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.
  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

S. 3038--A                          5

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 SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISES  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. 3038--A                          6

  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
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

S. 3038--A                          7

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.
  (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. 3038--A                          8

  S 2. Subparagraph (i) of paragraph (b) of  subdivision  3  of  section
2879  of  the  public  authorities law, as amended by chapter 174 of the
laws of 2010, is amended to read as follows:
  (i)  for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the  board  may  by
resolution  waive  competition,  including,  notwithstanding  any  other
provision of  law  requiring  competition,  the  purchase  of  goods  or
services  from small business concerns [or], those certified as minority
or women-owned business enterprises OR THOSE CERTIFIED  AS  SERVICE-CON-
NECTED  DISABLED VETERAN OR VETERAN-OWNED BUSINESS ENTERPRISES, or goods
or technology that are recycled or remanufactured, in an amount  not  to
exceed  two  hundred thousand dollars without a formal competitive proc-
ess;
  S 3. Subdivision 3 of section 2879 of the public  authorities  law  is
amended  by adding eleven new subdivisions (q), (r), (s), (t), (u), (v),
(w), (x), (y), (z) and (a-1) to read as follows:
  (Q) AN IDENTIFICATION OF THOSE AREAS OR TYPES OF CONTRACTS  FOR  WHICH
SERVICE-CONNECTED DISABLED VETERAN OR VETERAN-OWNED BUSINESS ENTERPRISES
MAY  BEST  BID  SO AS TO PROMOTE AND ASSIST PARTICIPATION BY SUCH ENTER-
PRISES AND FACILITATE A FAIR SHARE OF THE AWARDING OF CONTRACTS TO  SUCH
ENTERPRISES. FOR THE PURPOSES OF THIS SECTION, A SERVICE-CONNECTED DISA-
BLED  VETERAN BUSINESS ENTERPRISE MEANS ANY BUSINESS ENTERPRISE, INCLUD-
ING A SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPORATION THAT IS:
  (I) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE  SERVICE-CONNECTED
DISABLED VETERANS;
  (II)  AN  ENTERPRISE  IN WHICH SUCH SERVICE-CONNECTED DISABLED VETERAN
OWNERSHIP IS REAL, SUBSTANTIAL, AND CONTINUING;
  (III) 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;
  (IV) AN ENTERPRISE AUTHORIZED TO DO BUSINESS  IN  THIS  STATE  AND  IS
INDEPENDENTLY OWNED AND OPERATED;
  (V)  (A)  AN  ENTERPRISE  OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE
OWNERSHIP, CONTROL AND OPERATION ARE RELIED UPON FOR CERTIFICATION, WITH
A PERSONAL NET WORTH THAT DOES NOT EXCEED  THREE  MILLION  FIVE  HUNDRED
THOUSAND  DOLLARS,  AS  ADJUSTED  ANNUALLY  ON  THE FIRST OF JANUARY FOR
INFLATION ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR, OR
(B) AN ENTERPRISE OF WHICH TWENTY PERCENT OR MORE OF ITS  EMPLOYEES  ARE
SERVICE-CONNECTED DISABLED VETERANS;
  (VI) AN ENTERPRISE THAT IS A SMALL BUSINESS; AND
  (VII)  IS  CERTIFIED  PURSUANT  TO  SUBDIVISION THREE OF SECTION THREE
HUNDRED SIXTY-NINE-A OF THE EXECUTIVE LAW.
  (R) FOR THE PURPOSES OF THIS  SECTION,  A  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.
  (S)  FOR  PURPOSES OF THIS SECTION, SMALL BUSINESS SHALL HAVE THE SAME
MEANING AS DEFINED IN SECTION ONE HUNDRED  THIRTY-ONE  OF  THE  ECONOMIC
DEVELOPMENT LAW.
  (T)  FOR  PURPOSES  OF THIS SECTION, A 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-SEV-
ENTH, NINETEEN HUNDRED FIFTY AND  TERMINATED  ON  JANUARY  THIRTY-FIRST,
NINETEEN  HUNDRED  FIFTY-FIVE; THE HOSTILITIES KNOWN AS THE VIETNAM WAR,
WHICH COMMENCED ON FEBRUARY TWENTY-EIGHTH,  NINETEEN  HUNDRED  SIXTY-ONE

S. 3038--A                          9

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 ENDURING FREEDOM, OPERATION IRAQI FREEDOM
OR OPERATION NEW DAWN AND WAS THE RECIPIENT OF THE GLOBAL WAR ON TERROR-
ISM EXPEDITIONARY MEDAL OR THE IRAQ CAMPAIGN MEDAL  OR  THE  AFGHANISTAN
CAMPAIGN MEDAL.
  (U)  FOR THE PURPOSES OF THIS SECTION, A VETERAN-OWNED BUSINESS ENTER-
PRISE MEANS A BUSINESS  ENTERPRISE,  INCLUDING  A  SOLE  PROPRIETORSHIP,
PARTNERSHIP, OR CORPORATION THAT IS:
  (I) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE VETERANS;
  (II)  AN  ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTAN-
TIAL, AND CONTINUING;
  (III) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP HAS AND  EXERCISES
THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
OF THE ENTERPRISE;
  (IV)  AN  ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED;
  (V) 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;
  (VI) AN ENTERPRISE THAT IS A SMALL BUSINESS; AND
  (VII) IS CERTIFIED PURSUANT TO  SUBDIVISION  THREE  OF  SECTION  THREE
HUNDRED SIXTY-NINE-B OF THE EXECUTIVE LAW.
  (V)  FOR THE PURPOSES OF THIS SECTION A VETERAN IS 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  EXPEDI-
TIONARY  MEDAL,  MARINE  CORPS  EXPEDITIONARY  MEDAL,  OR  GLOBAL WAR ON
TERRORISM EXPEDITIONARY MEDAL, AND WAS DISCHARGED OR RELEASED  THEREFROM
UNDER OTHER THAN DISHONORABLE DISCHARGE.
  (W)  REQUIREMENTS  FOR  THE DESIGNATION OF ONE OR MORE SENIOR STAFF OF
THE CORPORATION TO OVERSEE THE  CORPORATION'S  PROGRAMS  ESTABLISHED  TO
PROMOTE  AND  ASSIST:  (I)  PARTICIPATION BY CERTIFIED SERVICE-CONNECTED
DISABLED VETERAN OR VETERAN-OWNED BUSINESS  ENTERPRISES  IN  THE  CORPO-
RATION'S  PROCUREMENT  OPPORTUNITIES  AND  FACILITATION  OF THE AWARD OF
PROCUREMENT CONTRACTS TO  SUCH  ENTERPRISES;  (II)  THE  UTILIZATION  OF
CERTIFIED  SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED BUSINESS
ENTERPRISES AS SUBCONTRACTORS AND SUPPLIERS BY ENTITIES HAVING  PROCURE-
MENT  CONTRACTS WITH THE CORPORATION; AND (III) THE UTILIZATION OF PART-
NERSHIPS, JOINT VENTURES OR OTHER SIMILAR ARRANGEMENTS BETWEEN CERTIFIED
SERVICE-CONNECTED DISABLED VETERAN  AND  VETERAN-OWNED  BUSINESS  ENTER-
PRISES  AND  OTHER ENTITIES HAVING PROCUREMENT CONTRACTS WITH THE CORPO-
RATION. SUCH STAFF SHALL BE FAMILIAR WITH THE PROCUREMENT OF  THE  TYPES
OF  CONSTRUCTION,  FINANCIAL, LEGAL OR PROFESSIONAL SERVICES UTILIZED BY
THE CORPORATION, REPORT DIRECTLY TO THE CORPORATION'S  EXECUTIVE  DIREC-
TOR, PRESIDENT OR CHIEF EXECUTIVE OFFICER AND EITHER DIRECTLY OR THROUGH
THEIR DESIGNEES PARTICIPATE IN THE PROCUREMENT PROCESS.
  (X) REQUIREMENTS FOR PROVIDING NOTICE, IN ADDITION TO ANY OTHER NOTICE
OF  PROCUREMENT OPPORTUNITIES REQUIRED BY LAW, TO PROFESSIONAL AND OTHER
ORGANIZATIONS THAT SERVE SERVICE-CONNECTED DISABLED VETERAN  AND  VETER-
AN-OWNED  BUSINESS  ENTERPRISES PROVIDING THE TYPES OF SERVICES PROCURED
BY THE CORPORATION.
  (Y)  PROCEDURES  FOR  MAINTAINING   LISTS   OF   QUALIFIED   CERTIFIED
SERVICE-CONNECTED  DISABLED  VETERAN  AND  VETERAN-OWNED BUSINESS ENTER-

S. 3038--A                         10

PRISES, INCLUDING PROFESSIONAL FIRMS THAT HAVE EXPRESSED AN INTEREST  IN
DOING  BUSINESS  WITH  THE  CORPORATION AND ENSURING THAT SUCH LISTS ARE
UPDATED REGULARLY. THE CORPORATION  SHALL  ALSO  CONSULT  THE  LISTS  OF
CERTIFIED  SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED BUSINESS
ENTERPRISES MAINTAINED BY THE DIVISION FOR SMALL BUSINESS IN THE DEPART-
MENT OF ECONOMIC DEVELOPMENT PURSUANT  TO  ARTICLE  SEVENTEEN-A  OF  THE
EXECUTIVE LAW.
  (Z)  THE  ESTABLISHMENT  OF  APPROPRIATE  GOALS  FOR  PARTICIPATION BY
SERVICE-CONNECTED DISABLED VETERAN OR VETERAN-OWNED BUSINESS ENTERPRISES
IN PROCUREMENT CONTRACTS AWARDED BY THE CORPORATION AND FOR THE UTILIZA-
TION OF SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED ENTERPRISES
AS SUBCONTRACTORS AND SUPPLIERS BY ENTITIES HAVING PROCUREMENT CONTRACTS
WITH THE CORPORATION.
  (A-1) REQUIREMENTS TO CONDUCT  PROCUREMENTS  IN  A  MANNER  THAT  WILL
ENABLE  THE  CORPORATION  TO ACHIEVE THE MAXIMUM FEASIBLE PORTION OF THE
GOALS ESTABLISHED PURSUANT TO PARAGRAPH (Z) OF THIS SUBDIVISION AND THAT
ELIMINATES  BARRIERS  TO  PARTICIPATION  BY  SERVICE-CONNECTED  DISABLED
VETERAN  AND  VETERAN-OWNED  BUSINESS  ENTERPRISES  IN THE CORPORATION'S
PROCUREMENTS. SUCH PROCUREMENT REQUIREMENTS SHALL INCLUDE THE FOLLOWING:
  (I) MEASURES AND PROCEDURES TO ENSURE THAT CERTIFIED BUSINESSES  SHALL
BE  GIVEN  THE  OPPORTUNITY  FOR  MAXIMUM  FEASIBLE PARTICIPATION IN THE
PERFORMANCE OF STATE CONTRACTS AND TO ASSIST IN THE CORPORATION'S  IDEN-
TIFICATION  OF  THOSE STATE CONTRACTS FOR WHICH CERTIFIED BUSINESSES MAY
BEST BID TO ACTIVELY AND AFFIRMATIVELY PROMOTE AND ASSIST THEIR  PARTIC-
IPATION  IN  THE  PERFORMANCE OF STATE CONTRACTS SO AS TO FACILITATE THE
CORPORATION'S ACHIEVEMENT OF THE MAXIMUM FEASIBLE PORTION OF  THE  GOALS
FOR STATE CONTRACTS TO SUCH BUSINESSES;
  (II) PROVISIONS DESIGNATING THE DIVISION OF SMALL BUSINESS DEVELOPMENT
TO  CERTIFY  AND DECERTIFY SERVICE-CONNECTED DISABLED VETERAN AND VETER-
AN-OWNED BUSINESS ENTERPRISES FOR  ALL  CORPORATIONS  THROUGH  A  SINGLE
PROCESS THAT MEETS APPLICABLE STATE AND FEDERAL REQUIREMENTS;
  (III)  A REQUIREMENT THAT EACH CONTRACT SOLICITATION DOCUMENT ACCOMPA-
NYING EACH SOLICITATION SET FORTH THE EXPECTED  DEGREE  OF  SERVICE-CON-
NECTED  DISABLED  VETERAN  AND VETERAN-OWNED BUSINESS ENTERPRISE PARTIC-
IPATION BASED, IN PART, ON:
  (A) THE POTENTIAL SUBCONTRACT OPPORTUNITIES  AVAILABLE  IN  THE  PRIME
PROCUREMENT CONTRACT; AND
  (B)  THE  AVAILABILITY OF CERTIFIED SERVICE-CONNECTED DISABLED VETERAN
AND VETERAN-OWNED BUSINESS ENTERPRISES TO RESPOND COMPETITIVELY  TO  THE
POTENTIAL SUBCONTRACT OPPORTUNITIES;
  (IV)  A  REQUIREMENT  THAT  EACH CORPORATION PROVIDE A CURRENT LIST OF
CERTIFIED SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED  BUSINESS
ENTERPRISES TO EACH PROSPECTIVE CONTRACTOR;
  (V)  PROVISIONS  RELATING  TO JOINT VENTURES, UNDER WHICH A BIDDER MAY
COUNT TOWARD MEETING ITS SERVICE-CONNECTED DISABLED VETERAN  AND  VETER-
AN-OWNED  BUSINESS  ENTERPRISE PARTICIPATION GOAL, THE SERVICE-CONNECTED
DISABLED VETERAN AND VETERAN-OWNED BUSINESS ENTERPRISE  PORTION  OF  THE
JOINT VENTURE;
  (VI)  PROVISIONS  UNDER WHICH THE CORPORATION MAY WAIVE OBLIGATIONS OF
THE CONTRACTOR RELATING TO SERVICE-CONNECTED DISABLED VETERAN AND VETER-
AN-OWNED BUSINESS ENTERPRISE PARTICIPATION AFTER A SHOWING OF GOOD FAITH
EFFORTS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION;
  (VII) A REQUIREMENT THAT THE CORPORATION VERIFY THAT SERVICE-CONNECTED
DISABLED VETERAN AND VETERAN-OWNED  BUSINESS  ENTERPRISES  LISTED  IN  A
SUCCESSFUL  BID  ARE  ACTUALLY PARTICIPATING TO THE EXTENT LISTED IN THE
PROJECT FOR WHICH THE BID WAS SUBMITTED;

S. 3038--A                         11

  (VIII) IN THE IMPLEMENTATION OF THIS SECTION, THE  CONTRACTING  CORPO-
RATION SHALL:
  (A)  CONSIDER,  WHERE  PRACTICABLE,  THE  SEVERABILITY OF CONSTRUCTION
PROJECTS AND OTHER BUNDLED CONTRACTS;
  (B) IMPLEMENT A PROGRAM THAT WILL ENABLE THE CORPORATION  TO  EVALUATE
EACH  CONTRACT  TO DETERMINE THE APPROPRIATENESS OF THE GOAL PURSUANT TO
PARAGRAPH (Z) OF THIS SUBDIVISION; AND
  (C) CONSIDER COMPLIANCE WITH  THE  REQUIREMENTS  OF  ANY  FEDERAL  LAW
CONCERNING  OPPORTUNITIES  FOR  SERVICE-CONNECTED  DISABLED  VETERAN AND
VETERAN-OWNED BUSINESS ENTERPRISES WHICH EFFECTUATES THE PURPOSE OF THIS
SECTION.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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