S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1173
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 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
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01600-01-9

 S. 1173                             2
 
 OF THE DIVISION OF VETERANS' AFFAIRS PURSUANT TO SUBDIVISION TWENTY-FOUR
 OF SECTION THREE HUNDRED FIFTY-THREE  OF  THE  EXECUTIVE  LAW;  (V)  the
 prospective   bidder's  compliance  with  equal  employment  opportunity
 requirements  and  anti-discrimination laws, and demonstrated commitment
 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.
   §  2.  Section  353  of  the  executive law is amended by adding a new
 subdivision 24 to read as follows:
   24. TO ESTABLISH STANDARDS FOR, AND TO ACCEPT AND  DETERMINE  APPLICA-
 TIONS FOR DESIGNATION OF A BUSINESS AS A VETERAN OWNED BUSINESS.
   §  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.