senate Bill S5096

2017-2018 Legislative Session

Relates to the definition of prevailing market price and to preferred source subcontracts

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.2040
Jun 13, 2018 print number 5096c
Jun 13, 2018 amend (t) and recommit to rules
Jun 05, 2018 reported and committed to rules
Feb 23, 2018 print number 5096b
Feb 23, 2018 amend and recommit to finance
Jan 26, 2018 print number 5096a
Jan 26, 2018 amend and recommit to finance
Jan 03, 2018 referred to finance
returned to senate
died in assembly
Jun 21, 2017 referred to governmental operations
delivered to assembly
passed senate
May 08, 2017 advanced to third reading
May 03, 2017 2nd report cal.
May 02, 2017 1st report cal.756
Mar 07, 2017 referred to finance

Votes

view votes

Jun 20, 2018 - Rules committee Vote

S5096C
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 5, 2018 - Finance committee Vote

S5096B
36
0
committee
36
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 2, 2017 - Finance committee Vote

S5096
30
0
committee
30
Aye
0
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Co-Sponsors

S5096 - Details

See Assembly Version of this Bill:
A6832
Law Section:
State Finance Law
Laws Affected:
Amd §162, St Fin L
Versions Introduced in 2019-2020 Legislative Session:
S921

S5096 - Summary

Relates to the definition of prevailing market price and to preferred source subcontracts; authorizes a preferred source to subcontract an incidental portion of a contract to a vendor that is or is not a preferred source, provided that such subcontract does not diminish bona fide employment opportunities for persons who could otherwise be new clients of an entity previously accorded preferred source status.

S5096 - Sponsor Memo

S5096 - Bill Text download pdf


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

                                  5096

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 7, 2017
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  sources
  for state contracts for goods and services

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

  Section 1. Section 162 of the state finance law, as added  by  chapter
83  of  the laws of 1995, subdivision 2 as amended by chapter 501 of the
laws of 2002, paragraph a of subdivision 2, paragraphs a and b of subdi-
vision 3, subparagraph (i) of paragraph a of subdivision 4,  subdivision
5,  and paragraphs a and d of subdivision 6 as amended by section 164 of
subpart B of part C of chapter 62 of the laws of 2011,  paragraph  b  of
subdivision  2  as  amended by chapter 519 of the laws of 2003, subpara-
graph (iii) of paragraph b of subdivision 4, as amended by  chapter  430
of  the laws of 1997, paragraph e of subdivision 6 as amended by chapter
265 of the laws of 2013, subdivision 7 as amended by chapter 426 of  the
laws  of  2002, paragraph a of subdivision 8 as amended by chapter 95 of
the laws of 2000, is amended to read as follows:
  § 162. Preferred sources.  1. DEFINITIONS.  AS USED IN THIS SECTION:
  (A) "PREFERRED SOURCE" SHALL MEAN:
  (I) COMMODITIES PRODUCED BY THE CORRECTIONAL INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION;
  (II) COMMODITIES AND SERVICES PRODUCED  BY  ANY  QUALIFIED  CHARITABLE
NON-PROFIT-MAKING AGENCY FOR THE BLIND APPROVED FOR SUCH PURPOSES BY THE
COMMISSIONER OF CHILDREN AND FAMILY SERVICES;
  (III)  COMMODITIES  AND  SERVICES  PRODUCED  BY ANY SPECIAL EMPLOYMENT
PROGRAM SERVING MENTALLY ILL PERSONS, WHICH SHALL NOT BE REQUIRED TO  BE
INCORPORATED  AND  WHICH  IS OPERATED BY FACILITIES WITHIN THE OFFICE OF
MENTAL HEALTH AND IS APPROVED FOR SUCH PURPOSES BY THE  COMMISSIONER  OF
MENTAL HEALTH;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10450-02-7

Co-Sponsors

S5096A - Details

See Assembly Version of this Bill:
A6832
Law Section:
State Finance Law
Laws Affected:
Amd §162, St Fin L
Versions Introduced in 2019-2020 Legislative Session:
S921

S5096A - Summary

Relates to the definition of prevailing market price and to preferred source subcontracts; authorizes a preferred source to subcontract an incidental portion of a contract to a vendor that is or is not a preferred source, provided that such subcontract does not diminish bona fide employment opportunities for persons who could otherwise be new clients of an entity previously accorded preferred source status.

S5096A - Sponsor Memo

S5096A - Bill Text download pdf


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

                                 5096--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 7, 2017
                               ___________

Introduced by Sens. YOUNG, GRIFFO, MARCHIONE, ORTT, SEWARD -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Finance  --  recommitted to the Committee on Finance 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 state finance law, in relation to preferred sources
  for state contracts for goods and services

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

  Section  1.  Section 162 of the state finance law, as added by chapter
83 of the laws of 1995, subdivision 2 as amended by chapter 501  of  the
laws of 2002, paragraph a of subdivision 2, paragraphs a and b of subdi-
vision  3, subparagraph (i) of paragraph a of subdivision 4, subdivision
5, and paragraphs a and d of subdivision 6 as amended by section 164  of
subpart  B  of  part C of chapter 62 of the laws of 2011, paragraph b of
subdivision 2 as amended by chapter 519 of the laws  of  2003,  subpara-
graph (iii) of paragraph b of subdivision 4 as amended by chapter 430 of
the laws of 1997, paragraph e of subdivision 6 as amended by chapter 265
of the laws of 2013, subdivision 7 as amended by chapter 426 of the laws
of  2002,  paragraph  a of subdivision 8 as amended by chapter 95 of the
laws of 2000, is amended to read as follows:
  § 162. Preferred sources. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A) "PREFERRED SOURCE" SHALL MEAN:
  (I) COMMODITIES PRODUCED BY THE CORRECTIONAL INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION;
  (II) COMMODITIES AND SERVICES PRODUCED  BY  ANY  QUALIFIED  CHARITABLE
NON-PROFIT-MAKING AGENCY FOR THE BLIND APPROVED FOR SUCH PURPOSES BY THE
COMMISSIONER OF CHILDREN AND FAMILY SERVICES;
  (III)  COMMODITIES  AND  SERVICES  PRODUCED  BY ANY SPECIAL EMPLOYMENT
PROGRAM SERVING MENTALLY ILL PERSONS, WHICH SHALL NOT BE REQUIRED TO  BE
INCORPORATED  AND  WHICH  IS OPERATED BY FACILITIES WITHIN THE OFFICE OF

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

Co-Sponsors

view additional co-sponsors

S5096B - Details

See Assembly Version of this Bill:
A6832
Law Section:
State Finance Law
Laws Affected:
Amd §162, St Fin L
Versions Introduced in 2019-2020 Legislative Session:
S921

S5096B - Summary

Relates to the definition of prevailing market price and to preferred source subcontracts; authorizes a preferred source to subcontract an incidental portion of a contract to a vendor that is or is not a preferred source, provided that such subcontract does not diminish bona fide employment opportunities for persons who could otherwise be new clients of an entity previously accorded preferred source status.

S5096B - Sponsor Memo

S5096B - Bill Text download pdf


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

                                 5096--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 7, 2017
                               ___________

Introduced by Sens. YOUNG, GRIFFO, MARCHIONE, ORTT, SEWARD -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Finance  --  recommitted to the Committee on Finance in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the state finance law, in relation to preferred sources
  for state contracts for goods and services

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

  Section  1.  Paragraph  m of subdivision 2 of section 161 of the state
finance law, as amended by section 13 of part L of  chapter  55  of  the
laws of 2012, is amended to read as follows:
  m.  Establish and, from time to time, amend guidelines with respect to
publishing by state agencies of quarterly listings of projected procure-
ments having a value greater than five thousand dollars  but  less  than
[fifty]  TWO  HUNDRED  thousand dollars in the procurement opportunities
newsletter established by article four-C  of  the  economic  development
law.
  §  2.  Section 162 of the state finance law, as added by chapter 83 of
the laws of 1995, subdivision 2 as amended by chapter 501 of the laws of
2002, paragraph a of subdivision 2, paragraphs a and b of subdivision 3,
subparagraph (i) of paragraph a of subdivision  4,  subdivision  5,  and
paragraphs a and d of subdivision 6 as amended by section 164 of subpart
B  of  part C of chapter 62 of the laws of 2011, paragraph b of subdivi-
sion 2 as amended by chapter 519 of the laws of 2003, subparagraph (iii)
of paragraph b of subdivision 4 as amended by chapter 430 of the laws of
1997, paragraph e of subdivision 6 as amended by chapter 265 of the laws
of 2013, subdivision 7 as amended by chapter 426 of the laws of 2002 and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10450-05-8

Co-Sponsors

view additional co-sponsors

S5096C (ACTIVE) - Details

See Assembly Version of this Bill:
A6832
Law Section:
State Finance Law
Laws Affected:
Amd §162, St Fin L
Versions Introduced in 2019-2020 Legislative Session:
S921

S5096C (ACTIVE) - Summary

Relates to the definition of prevailing market price and to preferred source subcontracts; authorizes a preferred source to subcontract an incidental portion of a contract to a vendor that is or is not a preferred source, provided that such subcontract does not diminish bona fide employment opportunities for persons who could otherwise be new clients of an entity previously accorded preferred source status.

S5096C (ACTIVE) - Sponsor Memo

S5096C (ACTIVE) - Bill Text download pdf


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

                                 5096--C

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 7, 2017
                               ___________

Introduced  by Sens. YOUNG, BOYLE, GRIFFO, HAMILTON, HELMING, MARCHIONE,
  ORTT, PHILLIPS, SEWARD -- read twice and  ordered  printed,  and  when
  printed  to be committed to the Committee on Finance -- recommitted to
  the Committee on Finance in accordance with Senate Rule 6, sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from said committee and committed to the  Committee
  on  Rules  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the state finance law, in relation to the definition  of
  prevailing  market  price  and in relation to preferred source subcon-
  tracts

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

  Section  1.  Subdivision  6 of section 162 of the state finance law is
amended by adding a new paragraph g to read as follows:
  G. FOR THE PURPOSES  OF  THIS  SUBDIVISION  ONLY,  "PREVAILING  MARKET
PRICE"  SHALL  MEAN  THE  AVERAGE  PRICE AT WHICH VENDORS OF THE SAME OR
SIMILAR PRODUCT OR SERVICE REGULARLY ENGAGED IN THE BUSINESS OF  SELLING
SUCH  PRODUCT  OR  SERVICE  OFFERS TO SELL SUCH PRODUCT OR SERVICE UNDER
SIMILAR TERMS IN THE SAME MARKET.
  § 2. Section 162 of the state finance law is amended by adding  a  new
subdivision 6-a to read as follows:
  6-A. PREFERRED SOURCE SUBCONTRACTS. PURSUANT TO GUIDELINES ESTABLISHED
BY  THE STATE PROCUREMENT COUNCIL, A PREFERRED SOURCE MAY SUBCONTRACT AN
INCIDENTAL PORTION OF A CONTRACT TO  A  VENDOR  THAT  IS  OR  IS  NOT  A
PREFERRED  SOURCE, PROVIDED THAT SUCH SUBCONTRACT DOES NOT DIMINISH BONA
FIDE EMPLOYMENT OPPORTUNITIES FOR PERSONS WHO  COULD  OTHERWISE  BE  NEW
CLIENTS  OF  AN ENTITY PREVIOUSLY ACCORDED PREFERRED SOURCE STATUS. SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10450-12-8

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