S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6865 A. 9135
S E N A T E - A S S E M B L Y
March 20, 2014
___________
IN SENATE -- Introduced by Sen. BALL -- (at request of the Governor) --
read twice and ordered printed, and when printed to be committed to
the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. ORTIZ, BENEDETTO, ENGLEBRIGHT,
SILVER, RUSSELL, MORELLE, HOOPER, NOLAN, SWEENEY, CUSICK, LUPARDO,
SCHIMEL, DenDEKKER, MILLER, BRINDISI, RYAN, BARRETT, SANTABARBARA,
ABBATE, ABINANTI, BRONSON, CLARK, CRESPO, DINOWITZ, FAHY, GUNTHER,
HENNESSEY, MAGNARELLI, MARKEY, MCDONALD, ROBERTS, SCARBOROUGH, SCHIM-
MINGER, SIMANOWITZ, SKARTADOS, SKOUFIS, STECK, STIRPE, WEISENBERG,
ZEBROWSKI, O'DONNELL, THIELE, ARROYO -- Multi-Sponsored by M. of A. --
FARRELL, MOSLEY -- (at the request of the Governor) -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to expanding opportu-
nities for service-disabled veteran-owned business enterprises; and
providing for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. New York state (the "state") is home
to more than 900,000 veterans, seventy-two percent of whom have served
during periods of conflict. Additionally, the state is home to approxi-
mately 30,000 active duty military personnel as well as 30,000 national
guard and reserve personnel. In honor of their service to and sacrifice
for our nation, New York state declares that it is the public policy of
the state to promote and encourage the continuing economic development
of service-disabled veteran-owned businesses. In the furtherance of
this policy, the state aims to assist service-disabled veterans in play-
ing a greater role in the economy of the state and to provide additional
assistance and support to disabled veterans to better equip them to form
and expand small businesses, thereby enabling them to realize the Ameri-
can dream they fought to protect. To achieve this objective without
disrupting the procurement practice and priorities already in law, the
legislature finds that it is in the best interest of the economic devel-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12081-01-4
S. 6865 2 A. 9135
opment of the state to enact the "Service-Disabled Veteran-Owned Busi-
ness Act".
S 1-a. Short title. This act shall be known and may be cited as the
"Service-Disabled Veteran-Owned Business Act".
S 2. The executive law is amended by adding a new article 17-B to read
as follows:
ARTICLE 17-B
PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO
STATE CONTRACTS
SECTION 369-H. DEFINITIONS.
369-I. DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOP-
MENT.
369-J. OPPORTUNITIES FOR CERTIFIED SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES.
369-K. SEVERABILITY.
S 369-H. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE"
SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PART-
NERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION THAT IS:
(A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE SERVICE-DISABLED
VETERANS;
(B) AN ENTERPRISE IN WHICH SUCH SERVICE-DISABLED VETERAN OWNERSHIP IS
REAL, SUBSTANTIAL, AND CONTINUING;
(C) AN ENTERPRISE IN WHICH SUCH SERVICE-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 THAT IS A SMALL BUSINESS WHICH HAS A SIGNIFICANT
BUSINESS PRESENCE IN THE STATE, NOT DOMINANT IN ITS FIELD AND EMPLOYS,
BASED ON ITS INDUSTRY, A CERTAIN NUMBER OF PERSONS AS DETERMINED BY THE
DIRECTOR, BUT NOT TO EXCEED THREE HUNDRED, TAKING INTO CONSIDERATION
FACTORS WHICH INCLUDE, BUT ARE NOT LIMITED TO, FEDERAL SMALL BUSINESS
ADMINISTRATION STANDARDS PURSUANT TO 13 CFR PART 121 AND ANY AMENDMENTS
THERETO; AND
(F) CERTIFIED BY THE OFFICE OF GENERAL SERVICES.
2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF GENERAL
SERVICES.
3. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE DIVISION OF SERVICE-DISA-
BLED VETERANS' BUSINESS DEVELOPMENT.
4. "DIVISION" SHALL MEAN THE DIVISION OF SERVICE-DISABLED VETERANS'
BUSINESS DEVELOPMENT IN THE OFFICE OF GENERAL SERVICES.
5. "SERVICE-DISABLED VETERAN" SHALL MEAN (A) IN THE CASE OF THE UNITED
STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL GUARD
OR AIR NATIONAL GUARD AND/OR RESERVES THEREOF, A VETERAN WHO RECEIVED A
COMPENSATION RATING OF TEN PERCENT OR GREATER 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, AND (B) IN THE CASE OF THE NEW YORK GUARD OR THE NEW YORK NAVAL
MILITIA AND/OR RESERVES THEREOF, A VETERAN WHO CERTIFIES, PURSUANT TO
THE RULES AND REGULATIONS PROMULGATED BY THE DIRECTOR, TO HAVING
INCURRED AN INJURY EQUIVALENT TO A COMPENSATION RATING OF TEN PERCENT OR
GREATER 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.
S. 6865 3 A. 9135
6. "STATE AGENCY" 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 (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 OPERATING 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) OR (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.
S. 6865 4 A. 9135
(D) "STATE CONTRACT" SHALL MEAN: (I) A WRITTEN AGREEMENT OR PURCHASE
ORDER INSTRUMENT, PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS OF TWEN-
TY-FIVE THOUSAND DOLLARS, WHEREBY A CONTRACTING AGENCY IS COMMITTED TO
EXPEND OR DOES EXPEND FUNDS IN RETURN FOR LABOR, SERVICES INCLUDING BUT
NOT LIMITED TO LEGAL, FINANCIAL AND OTHER PROFESSIONAL SERVICES,
SUPPLIES, EQUIPMENT, MATERIALS OR ANY COMBINATION OF THE FOREGOING, TO
BE PERFORMED FOR, OR RENDERED OR FURNISHED TO THE CONTRACTING AGENCY;
(II) A WRITTEN AGREEMENT IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS
WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS
FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR REPAIR
OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON; AND (III) A
WRITTEN AGREEMENT IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS WHEREBY THE
OWNER OF A STATE ASSISTED HOUSING PROJECT IS COMMITTED TO EXPEND OR DOES
EXPEND FUNDS FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT,
MAJOR REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON FOR
SUCH PROJECT.
7. "VETERAN" SHALL MEAN A PERSON WHO SERVED IN AND WHO HAS RECEIVED AN
HONORABLE OR GENERAL DISCHARGE FROM, THE UNITED STATES ARMY, NAVY, AIR
FORCE, MARINES, COAST GUARD, AND/OR RESERVES THEREOF, AND/OR IN THE ARMY
NATIONAL GUARD, AIR NATIONAL GUARD, NEW YORK GUARD AND/OR THE NEW YORK
NAVAL MILITIA.
S 369-I. DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT.
1. THE HEAD OF THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS
DEVELOPMENT SHALL BE THE DIRECTOR WHO SHALL BE APPOINTED BY THE GOVERNOR
AND WHO SHALL HOLD OFFICE AT THE PLEASURE OF THE COMMISSIONER.
2. THE DIRECTOR MAY APPOINT SUCH DEPUTIES, ASSISTANTS, AND OTHER
EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF THE DUTIES PRESCRIBED
HEREIN SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW AND THE RULES
AND REGULATIONS OF THE CIVIL SERVICE COMMISSION. THE DIRECTOR MAY
REQUEST AND SHALL RECEIVE FROM ANY (I) DEPARTMENT, DIVISION, BOARD,
BUREAU, OR EXECUTIVE COMMISSION OF THE STATE OR (II) STATE AGENCY, SUCH
ASSISTANCE AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE.
3. THE DIRECTOR SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(A) DEVELOP, COLLECT, SUMMARIZE AND DISSEMINATE INFORMATION THAT WILL
BE HELPFUL TO PERSONS AND ORGANIZATIONS THROUGHOUT THE STATE IN UNDER-
TAKING OR PROMOTING THE ESTABLISHMENT AND SUCCESSFUL OPERATION OF A
SERVICE-DISABLED VETERAN-OWNED BUSINESS.
(B) DEVELOP AND MAKE AVAILABLE TO STATE AGENCIES A DIRECTORY OF CERTI-
FIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES WHICH SHALL,
WHEREVER PRACTICABLE, BE DIVIDED INTO CATEGORIES OF LABOR, SERVICES,
SUPPLIES, EQUIPMENT, MATERIALS AND RECOGNIZED CONSTRUCTION TRADES AND
WHICH SHALL INDICATE AREAS OR LOCATIONS OF THE STATE WHERE SUCH ENTER-
PRISES ARE AVAILABLE TO PERFORM SERVICES. SUCH DIRECTORY SHALL BE POSTED
ON THE OFFICE OF GENERAL SERVICES WEBSITE.
(C) ASSIST STATE AGENCIES IN THE DEVELOPMENT OF PROGRAMS TO FOSTER AND
PROMOTE THE USE OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
ON STATE CONTRACTS.
(D) COORDINATE THE PLANS, PROGRAMS AND OPERATIONS OF THE STATE GOVERN-
MENT WHICH AFFECT OR MAY CONTRIBUTE TO THE ESTABLISHMENT, PRESERVATION
AND DEVELOPMENT OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES.
(E) TO APPOINT INDEPENDENT HEARING OFFICERS WHO BY CONTRACT OR TERMS
OF EMPLOYMENT SHALL PRESIDE OVER ADJUDICATORY HEARINGS PURSUANT TO THIS
SECTION FOR THE OFFICE AND WHO ARE ASSIGNED NO OTHER WORK BY THE OFFICE.
(F) IN CONJUNCTION WITH THE COMMISSIONER, DEVELOP A COMPREHENSIVE
STATEWIDE PLAN AND OPERATIONAL GUIDELINES TO PROMOTE SERVICE-DISABLED
S. 6865 5 A. 9135
VETERAN-OWNED BUSINESS ENTERPRISES AND TO ASSIST THEM IN OBTAINING
OPPORTUNITIES TO PARTICIPATE IN THE PROCUREMENT OF GOODS AND SERVICES BY
THE STATE, INCLUDING IDENTIFICATION OF BARRIERS TO SERVICE-DISABLED
VETERANS' BUSINESS DEVELOPMENT AND INVESTIGATION AND EVALUATION OF THEIR
IMPACT ON ACHIEVING THE OBJECTIVES OF THIS ARTICLE.
4. THE COMMISSIONER SHALL:
(A) COORDINATE TRAINING OF ALL PROCUREMENT PERSONNEL OF STATE AGEN-
CIES, EMPHASIZING INCREASED SENSITIVITY AND RESPONSIVENESS TO THE UNIQUE
NEEDS AND REQUIREMENTS OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISES.
(B) CONDUCT A COORDINATED REVIEW OF ALL EXISTING AND PROPOSED STATE
TRAINING AND TECHNICAL ASSISTANCE ACTIVITIES IN DIRECT SUPPORT OF THE
SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT PROGRAM TO ASSURE
CONSISTENCY WITH THE OBJECTIVES OF THIS ARTICLE.
(C) EVALUATE AND ASSESS AVAILABILITY OF FIRMS FOR THE PURPOSE OF
INCREASING PARTICIPATION OF SUCH FIRMS IN STATE CONTRACTING IN CONSULTA-
TION WITH RELEVANT STATE ENTITIES INCLUDING, BUT NOT LIMITED TO, THE NEW
YORK STATE DIVISION OF VETERANS' AFFAIRS.
(D) PROVIDE ADVICE AND TECHNICAL ASSISTANCE TO PROMOTE SERVICE-DISA-
BLED VETERAN-OWNED BUSINESS ENTERPRISES' UNDERSTANDING OF STATE PROCURE-
MENT LAWS, PRACTICES AND PROCEDURES TO FACILITATE AND INCREASE THE
PARTICIPATION OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES IN
STATE PROCUREMENT.
(E) ESTABLISH REGULAR PERFORMANCE REPORTING SYSTEMS REGARDING IMPLE-
MENTATION OF THE PROGRAMS DESIGNED TO INCREASE SERVICE-DISABLED VETER-
AN-OWNED BUSINESS PARTICIPATION IN PROCUREMENT CONTRACTS BY STATE AGEN-
CIES.
(F) SUBMIT A REPORT BY THE THIRTY-FIRST OF DECEMBER EACH YEAR, WITH
THE FIRST REPORT DUE BY THE THIRTY-FIRST OF DECEMBER IN THE CALENDAR
YEAR NEXT SUCCEEDING THE CALENDAR YEAR IN WHICH THIS ARTICLE SHALL HAVE
BECOME A LAW, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE INFORMATION
INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF CONTRACTS ENTERED INTO
PURSUANT TO THIS ARTICLE, THE AVERAGE AMOUNT OF SUCH CONTRACTS, THE
NUMBER OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES CERTIFIED,
THE NUMBER OF APPLICATIONS FOR CERTIFICATION AS A SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISE, THE NUMBER OF DENIALS FOR SUCH
CERTIFICATION, THE NUMBER OF APPEALS OF SUCH DENIALS, AND THE OUTCOME OF
SUCH APPEALS AND THE AVERAGE TIME THAT IS REQUIRED FOR SUCH CERTIF-
ICATION TO BE COMPLETED.
5. CERTIFICATION. (A) THE DIRECTOR, OR IN THE ABSENCE OF THE DIRECTOR,
THE COMMISSIONER, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
CLE, SHALL PROMULGATE RULES AND REGULATIONS PROVIDING FOR THE ESTABLISH-
MENT OF A STATEWIDE CERTIFICATION PROGRAM INCLUDING RULES AND REGU-
LATIONS 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 ESTAB-
LISHED 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 OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT
SHALL BE RESPONSIBLE FOR VERIFYING BUSINESSES AS BEING OWNED, OPERATED,
AND CONTROLLED BY A SERVICE-DISABLED VETERAN AND FOR CERTIFYING SUCH
VERIFIED BUSINESSES. STATUS AS A SERVICE-DISABLED VETERAN PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE DOCUMENTED BY A COPY OF THE
VETERAN'S CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY, INCLUD-
S. 6865 6 A. 9135
ING BUT NOT LIMITED TO, 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 OF SERVICE-DISABLED VETERANS' BUSI-
NESS DEVELOPMENT. IN THE CASE OF THE NEW YORK GUARD OR THE NEW YORK
NAVAL MILITIA AND/OR RESERVES THEREOF, STATUS AS A SERVICE-DISABLED
VETERAN PURSUANT TO THIS PARAGRAPH SHALL BE DOCUMENTED PURSUANT TO RULES
AND REGULATIONS PROMULGATED BY THE DIRECTOR, OR IN THE ABSENCE OF THE
DIRECTOR, THE COMMISSIONER.
(C) FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS SECTION,
THE DIRECTOR SHALL PROVIDE THE APPLICANT WITH WRITTEN NOTICE OF THE
STATUS OF THE APPLICATION, INCLUDING NOTICE OF ANY OUTSTANDING DEFICIEN-
CIES, WITHIN THIRTY DAYS. WITHIN SIXTY DAYS OF SUBMISSION OF A FINAL
COMPLETED APPLICATION, THE DIRECTOR SHALL PROVIDE THE APPLICANT WITH
WRITTEN NOTICE OF A DETERMINATION BY THE DIRECTOR 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 DIRECTOR. 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 RECOM-
MENDATION TO THE DIRECTOR TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMI-
NATION OF THE DIRECTOR. SUCH WRITTEN RECOMMENDATION SHALL BE ISSUED TO
THE PARTIES. THE DIRECTOR, 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 DIRECTOR 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
DIRECTOR 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 FIVE YEARS.
S 369-J. OPPORTUNITIES FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED
BUSINESS ENTERPRISES. 1. THE DIRECTOR, OR IN THE ABSENCE OF THE DIREC-
TOR, THE COMMISSIONER, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS
ARTICLE SHALL PROMULGATE RULES AND REGULATIONS FOR THE FOLLOWING
PURPOSES:
(A) PROVIDE MEASURES AND PROCEDURES TO ENSURE THAT CERTIFIED SERVICE-
DISABLED VETERAN-OWNED BUSINESS ENTERPRISES ARE AFFORDED THE OPPORTUNITY
FOR MEANINGFUL PARTICIPATION IN THE PERFORMANCE OF STATE CONTRACTS AND
TO ASSIST IN STATE AGENCIES' IDENTIFICATION OF THOSE STATE CONTRACTS FOR
WHICH CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES MAY
BEST PERFORM;
(B) PROVIDE FOR MEASURES AND PROCEDURES THAT ASSIST STATE AGENCIES IN
THE IDENTIFICATION OF STATE CONTRACTS WHERE SERVICE-DISABLED VETERAN
CONTRACT GOALS ARE PRACTICAL, FEASIBLE AND APPROPRIATE FOR THE PURPOSE
OF INCREASING THE UTILIZATION OF SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISE PARTICIPATION ON STATE CONTRACTS;
(C) ACHIEVE A STATEWIDE GOAL FOR PARTICIPATION ON STATE CONTRACTS BY
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES OF SIX PERCENT;
S. 6865 7 A. 9135
(D) PROVIDE FOR PROCEDURES RELATING TO SUBMISSION AND RECEIPT OF
APPLICATIONS BY SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES FOR
CERTIFICATION;
(E) PROVIDE FOR THE MONITORING AND COMPLIANCE OF STATE CONTRACTS BY
STATE AGENCIES WITH RESPECT TO THE PROVISIONS OF THIS ARTICLE;
(F) PROVIDE FOR THE REQUIREMENT THAT STATE AGENCIES SUBMIT REGULAR
REPORTS, AS DETERMINED BY THE DIRECTOR, WITH RESPECT TO THEIR
SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE PROGRAM ACTIVITY,
INCLUDING BUT NOT LIMITED TO, UTILIZATION REPORTING AND STATE CONTRACT
MONITORING AND COMPLIANCE;
(G) NOTWITHSTANDING ANY PROVISION OF THE STATE FINANCE LAW, THE PUBLIC
BUILDINGS LAW, THE HIGHWAY LAW, THE TRANSPORTATION LAW OR THE PUBLIC
AUTHORITIES LAW TO THE CONTRARY, PROVIDE FOR THE RESERVATION OR SET-A-
SIDE OF CERTAIN PROCUREMENTS BY STATE AGENCIES IN ORDER TO ACHIEVE THE
OBJECTIVES OF THIS ARTICLE; PROVIDED, HOWEVER, THAT SUCH PROCUREMENTS
SHALL REMAIN SUBJECT TO (I) PRIORITY OF PREFERRED SOURCES PURSUANT TO
SECTIONS ONE HUNDRED SIXTY-TWO AND ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW; (II) THE APPROVAL OF THE COMPTROLLER OF THE STATE OF NEW
YORK PURSUANT TO SECTION ONE HUNDRED TWELVE AND SECTION ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW AND SECTION TWENTY-EIGHT HUNDRED
SEVENTY-NINE-A OF THE PUBLIC AUTHORITIES LAW; AND (III) THE PROCUREMENT
RECORD REQUIREMENTS PURSUANT TO PARAGRAPH G OF SUBDIVISION NINE OF
SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW; AND
(H) PROVIDE FOR ANY OTHER PURPOSES TO EFFECTUATE THIS ARTICLE.
2. STATE AGENCIES SHALL ADMINISTER THE RULES AND REGULATIONS PROMUL-
GATED BY THE DIRECTOR FOR THE IMPLEMENTATION OF THIS ARTICLE.
S 369-K. 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 3. Subdivisions 7 and 15 of section 310 of the executive law, as
amended by chapter 175 of the laws of 2010, are amended to read as
follows:
7. "Minority-owned business enterprise" shall mean a business enter-
prise, including a sole proprietorship, partnership, LIMITED LIABILITY
COMPANY or corporation that is:
(a) at least fifty-one percent owned by one or more minority group
members;
(b) an enterprise in which such minority ownership is real, substan-
tial and continuing;
(c) an enterprise in which such minority 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 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; and
(f) an enterprise that is a small business pursuant to subdivision
twenty of this section.
S. 6865 8 A. 9135
15. "Women-owned business enterprise" shall mean a business enter-
prise, including a sole proprietorship, partnership, LIMITED LIABILITY
COMPANY or corporation that is:
(a) at least fifty-one percent owned by one or more United States
citizens or permanent resident aliens who are women;
(b) an enterprise in which the ownership interest of such women is
real, substantial and continuing;
(c) an enterprise in which such women 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 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; and
(f) an enterprise that is a small business pursuant to subdivision
twenty of this section.
A firm owned by a minority group member who is also a woman may be
certified as a minority-owned business enterprise, a women-owned busi-
ness enterprise, or both, and may be counted towards either a minority-
owned business enterprise goal or a women-owned business enterprise
goal, in regard to any contract or any goal, set by an agency or author-
ity, but such participation may not be counted towards both such goals.
Such an enterprise's participation in a contract may not be divided
between the minority-owned business enterprise goal and the women-owned
business enterprise goal.
S 4. This act shall take effect immediately; provided, however, that
sections one, one-a and two of this act shall expire and be deemed
repealed March 31, 2019; and provided, further, however, that the amend-
ments to subdivisions 7 and 15 of section 310 of the executive law made
by section three of this act shall not affect the expiration of such
section and shall be deemed to expire therewith.