Senate Bill S4534A

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

                                 4534--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- recommitted to the Committee  on  Veterans,
  Homeland  Security and Military Affairs in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  general municipal law and the executive law, in
  relation to including the consideration of whether prospective bidders
  are veteran owned businesses when a municipality  or  school  district
  establishes its list of pre-qualified bidders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision  15  of  section  103  of  the
general  municipal law, as added by section 1-a of part MM of chapter 57
of the laws of 2008, is amended to read as follows:
  (a) Notwithstanding any general, special or local law or rule or regu-
lation to the contrary, an officer, board or agency of any  county,  any
school  district  or any political subdivision of the state with a popu-
lation of fifty thousand or more charged with awarding  a  contract  for
public  work  may  establish  guidelines governing the qualifications of
bidders seeking to bid or enter into such contracts.  If  such  officer,
board  or agency maintains an appropriate list of qualified bidders, the
bidding shall be restricted to those who have  qualified  prior  to  the
receipt  of  bids according to standards fixed by such officer, board or
agency. In determining whether a prospective bidder qualifies for inclu-
sion on a list of pre-qualified bidders, the officer,  board  or  agency
shall  consider the experience and record of performance of the prospec-
tive bidder in the particular type of work, as well as: (i) the prospec-
tive bidder's ability to undertake the particular type and complexity of
work; (ii) the financial capability, responsibility and  reliability  of
the  prospective  bidder for such type and complexity of work; (iii) the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09403-02-6
              

S. 4534--A                          2

record of the prospective bidder in complying with existing labor stand-
ards and  maintaining  harmonious  labor  relations;  (iv)  WHETHER  THE
PROSPECTIVE BIDDER IS A VETERAN OWNED BUSINESS CERTIFIED BY THE DIRECTOR
OF   THE   DIVISION   OF   VETERANS'  AFFAIRS  PURSUANT  TO  SUBDIVISION
TWENTY-THREE OF SECTION THREE HUNDRED FIFTY-THREE OF THE EXECUTIVE  LAW;
(V)  the  prospective bidder's compliance with equal employment opportu-
nity requirements and anti-discrimination laws, and demonstrated commit-
ment to working with minority and women-owned businesses  through  joint
ventures  or  subcontractor  relationships; and [(v)] (VI) the record of
the prospective bidder in protecting the health and safety of workers on
public works projects and job sites as demonstrated by  the  prospective
bidder's experience modification rate for each of the last three years.
  S  2.  Section  353  of  the  executive law is amended by adding a new
subdivision 23 to read as follows:
  23. TO ESTABLISH STANDARDS FOR, AND TO ACCEPT AND  DETERMINE  APPLICA-
TIONS FOR DESIGNATION OF A BUSINESS AS A VETERAN OWNED BUSINESS.
  S  3.  This act shall take effect immediately, except that section one
of this act shall take effect on the first of  January  next  succeeding
the date on which it shall have become a law.