NY State Senate Bill 2017-S3561

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 24, 2017	referred to finance

co-Sponsors

2017-S3561 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §§161 & 162, St Fin L

2017-S3561 (ACTIVE) - Summary

Enacts the "protect New York jobs act"; provides preferred source status for the purposes of procurement to New York based companies who meet certain criteria and which have at least fifty-one percent of its fulltime equivalent employees employed in New York state and whose primary business activity is to conduct business in any capacity other than governmental relations.

2017-S3561 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3561

 TITLE OF BILL :  An act to amend the state finance law, in relation
to preferred source status for the purposes of procurement

 PURPOSE :

To protect jobs and help businesses located in New York State and that
generate economic activity in New York State. If a business is located
in New York and is bidding for a public contract, given that the
business produces a product of equal quality at a competitive price,
it is in the best interest of New York to award the contract to a New
York domiciled business. This protects jobs and generates economic
activity which in turn generates tax revenue.

 SUMMARY OF PROVISIONS :

Section 1. Establishes the "Protect New York Jobs Act" and amends
section 161 of the State Finance Law to add economic nexus of the
vendor to the guidelines for wise and prudent uses of public money
developed by the State Procurement Council.

Section 2. Amends section 161 of the State Finance Law to add New York
State based businesses as preferred sources for the purpose of public
contracts. To qualify a business must have an organizational presence
in New York State, generate at least 50 percent of its gross income

from business conducted in the State and have at least one employee
located in the State (excluding employees whose primary role is
government relations).

Section 4. Amends 162 of the State Finance Law to add New York based
vendors to the list of priority accorded preferred sources.

Section 5. Effective date.

 JUSTIFICATION :

New York State issues tens of billions of dollars in vendor contracts
annually. Awarding contracts to out of State firms is tantamount to
exporting jobs out of New York State and sometimes out of the country.

If a business is based in New York State, employs New Yorkers and can
provide the same quality of service at a competitive price, it follows
that public contracts should be awarded to that business.

 LEGISLATIVE HISTORY :

2010: S.7743 - commit to Finance
2011: S.2733-B - commit to Finance

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Ninety days after being signed into law.

2017-S3561 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3561
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation to  preferred  source
   status for the purposes of procurement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Protect New York jobs act".
   §  2. Paragraph i of subdivision 2 of section 161 of the state finance
 law, as added by chapter 83 of the laws of 1995, is amended to  read  as
 follows:
   i. Establish and, from time to time, amend guidelines for the procure-
 ment  of  services  and  technology in accordance with the provisions of
 this article. Such guidelines shall ensure the wise and prudent  use  of
 public  money  in the best interest of the taxpayers of the state; guard
 against favoritism, improvidence, extravagance,  fraud  and  corruption;
 and  ensure  that  service  contracts  are  awarded on the basis of best
 value, including, but not limited to, the following criteria:   quality,
 cost,  and  efficiency; AND ALL OTHER CRITERIA BEING EQUAL, THE ECONOMIC
 NEXUS OF THE VENDOR AS PROVIDED FOR IN PARAGRAPH G OF SUBDIVISION TWO OF
 SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE;
   § 3. Paragraphs e and f of subdivision 2 of section 162 of  the  state
 finance  law, paragraph e as amended and paragraph f as added by chapter
 501 of the laws of 2002, are amended, and a new paragraph g is added  to
 read as follows:
   e. Commodities and services produced by a qualified veterans' workshop
 providing  job  and  employment-skills training to veterans where such a
 workshop is operated by the United States department of veterans affairs
 and is manufacturing products or performing services within  this  state
 and where such workshop is approved for such purposes by the commission-
 er of education; [or]

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

                                                            LBD08672-01-7

 S. 3561                             2
 
   f.  Commodities and services produced by any qualified charitable non-
 profit-making workshop for veterans approved for such  purposes  by  the
 commissioner  of education, or incorporated under the laws of this state
 and approved for such purposes by the commissioner of education[.]; OR
   G.  COMMODITIES  OR SERVICES PRODUCED BY A COMPANY WHOSE PRIMARY BUSI-
 NESS PRESENCE IS LOCATED IN NEW YORK STATE, THAT  REALIZES,  ALONG  WITH
 THE  GROSS  REVENUES OF ITS AFFILIATES AND RELATED MEMBERS, NO LESS THAN
 FIFTY PERCENT OF ITS COMBINED GROSS REVENUES, AS  DEFINED  BY  GENERALLY
 ACCEPTED  ACCOUNTING PRINCIPLES, FROM BUSINESS ACTIVITY GENERATED IN NEW
 YORK STATE, AND THAT HAS AT LEAST FIFTY-ONE PERCENT OF ITS,  ALONG  WITH
 ITS  AFFILIATED  AND  RELATED  MEMBERS,  FULLTIME  EQUIVALENT  EMPLOYEES
 EMPLOYED IN NEW YORK STATE, AND WHOSE PRIMARY BUSINESS  ACTIVITY  IS  TO
 CONDUCT SUCH ACTIVITY IN ANY CAPACITY OTHER THAN GOVERNMENTAL RELATIONS.
   § 4. Subparagraph (iii) of paragraph a of subdivision 4 of section 162
 of the state finance law, as added by chapter 83 of the laws of 1995, is
 amended to read as follows:
   (iii) When commodities are available, in the form, function and utili-
 ty  required by, a state agency or political subdivision or public bene-
 fit corporation having their own purchasing agency, and such commodities
 are not available pursuant to subparagraphs (i) and (ii) of  this  para-
 graph,  said  commodities  shall then be purchased from a qualified non-
 profit-making agency for other severely disabled  persons,  a  qualified
 special  employment  program  for mentally ill persons, [or] a qualified
 veterans' workshop, OR A NEW YORK BASED VENDOR AS PROVIDED FOR IN  PARA-
 GRAPH G OF SUBDIVISION TWO OF THIS SECTION;
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S3561

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Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

2017-S3561 (ACTIVE) - Details

2017-S3561 (ACTIVE) - Summary

2017-S3561 (ACTIVE) - Sponsor Memo

2017-S3561 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

John A. DeFrancisco

2017-S3561 (ACTIVE) - Details

2017-S3561 (ACTIVE) - Summary

2017-S3561 (ACTIVE) - Sponsor Memo

2017-S3561 (ACTIVE) - Bill Text download pdf

Comments