NY State Senate Bill 2021-S2080

Archive: Last Bill Status - In Senate Committee Procurement And Contracts 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to procurement and contracts
Jan 25, 2021	committee discharged and committed to procurement and contracts
Jan 19, 2021	referred to veterans, homeland security and military affairs

co-Sponsors

2021-S2080 (ACTIVE) - Details

See Assembly Version of this Bill:: A4126
Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Add Art 17-C §§369-m - 369-p, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6759, A9326
2017-2018: S220, A2755
2019-2020: S3154, A11027
2023-2024: S4455

2021-S2080 (ACTIVE) - Summary

Expands opportunities for veteran-owned business enterprises.

2021-S2080 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2080

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to expanding opportu-
nities for veteran-owned business enterprises; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:

To expand the availability of state contracts to all veteran-owned busi-
ness enterprises in New York State.

 
SUMMARY OF PROVISIONS:

Section 1 - amends the executive law by adding a new article 17-C;
Participation by Veterans with Respect to State Contracts.

Section 2 - requires the commissioner of the office of general services
to conduct a study to determine the percentage of contracts to be set

aside under this act for veteran-owned businesses.

Section 3 - requires the commissioner to complete the study pursuant to
section two no later than ninety days after this act shall become law.

Section 4 - states the effective date and expiration date.

 
JUSTIFICATION:

New York State is home to more than 900,000 veterans. Of those, approxi-
mately 600,000 are combat veterans. Additionally, about 88,000 veterans
of the wars in Iraq & Afghanistan reside in New York State.

In 2014, New York passed legislation to reserve 6% of state contracts
for service-disabled veterans. The pilot program created by this legis-
lation has been very beneficial to a small percentage of the population
of those who have served our state and our country. Now, it is time to
expand business opportunities for all of our veteran-owned businesses,
many of which employ their brethren veterans because of the excellent
training and skills they have.

As of 2014, there were approximately 106,000 service-disabled veterans
living in New York State. This represents 11.77% of the total population
of veterans living in New York State. In other words, there is an addi-
tional 88.33% of the population of veterans in New York who are not
eligible for additional business opportunities afforded under current
law. This legislation would seek to rectify this situation by expanding
the benefits of Article 17-B of the Executive Law, the Service Disabled
Veteran-Owned Business Act, to all of our State's veteran-owned busi-
nesses and therefore, as mentioned above, all of our veterans.

There can be no doubt that the existing Service-Disabled Veterans' Busi-
ness Development program has had a successful start. According to its
first Annual Report, December 31, 2015 by OGS, 155 businesses had been
certified as members of the program. By that time, 29% of these were
already engaged in contracting with New York State. By the end of 2015,
228 new applications had been submitted by business enterprises wishing

to avail themselves of the program. Of these, 178 were certified with an
average certification time of 39 days.

Contracts and purchase orders have been awarded across multiple economic
sectors including commodities, construction, and financial services as
well as other specialized services. According to the same OGS report,
during the first two quarters of fiscal year 2015-16, the pilot program
proved successful. Working with ten state agencies and authorities (and
an additional nine not in the pilot program), 1,179 purchase orders
and/or contracts were executed with forty-five service-disabled veter-
an-owned businesses. This led to awards totaling over $10 million. Addi-
tionally, OGS expected an additional $4.5 million dollar in set-asides
to be awarded by the end of the fiscal year.

The figures speak for themselves. The pilot program is encouraging the
growth of service-disabled veteran-owned businesses across New York
State. It is time to make these benefits available to all of New York's
veterans.

The most recent statistics published regarding veteran-owned businesses
originate from 2007 census data in the U.S. Census Bureau's Survey of
Business Owners. This study shows New York to be the fourth ranked state
in the number of veteran-owned firms.  Statewide, there were 127,156
firms representing 6.5% of the businesses in New York, with total
sales/receipts of $70,786,543,000 or a 3.1% share of the state's
sales/receipts. This sounds impressive, however, the most important
statistic to consider in combination with the aforementioned is that New
York ranked 49th among the states in the percentage share of all
sales/receipts attributable to veteran-owned businesses. These statis-
tics are compelling in showing the need for this legislation. Providing
assistance with the procurement of state contracts is the catalyst need-
ed to increase sales/receipts for the many New York veteran-owned busi-
nesses allowing them to be more prosperous.

Presently, Arkansas, Illinois, and Michigan reserve 5% of all state
contracts for veteran owned businesses independent of whether they are
service-disabled veteran businesses or not. Likewise, the federal
government offers similar opportunities to all veterans through the
Small Business Administration. It is time for New York State to recog-
nize that all veteran-owned businesses should be entitled to the set-a-
side for the procurement of State contracts. This recognition will spur
the growth and longevity of veteran-owned businesses while providing
jobs for even more of our veterans. Helping New York State's Veterans to
be prosperous is the least we can do for those who previously removed
themselves from the business world and the job market to protect our
freedoms.

 
LEGISLATIVE HISTORY:

2019-20: S.3154 Referred to Veterans, Homeland Security, and Military
Affairs / A.11027 Referred to Veterans' Affairs

2017-18: S.220 Third Reading / A.2755 Referred to Veterans' Affairs

2015-16: S.6759 Reported and Committed to Finance / A.9326 Referred to
Veterans' Affairs

 
FISCAL IMPLICATIONS:
The participation of veteran-owned businesses in NYS public procurements
of services, technology, public works and commodities will enhance
economic development in New York State and facilitate the success of
veteran-owned businesses and the welfare of our Veterans.

 
EFFECTIVE DATE:
Immediately.

2021-S2080 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2080
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sens.  JORDAN, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military Affairs
 
 AN  ACT  to  amend  the executive law, in relation to expanding opportu-
   nities for veteran-owned business enterprises; and providing  for  the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  article  17-C
 to read as follows:
                               ARTICLE 17-C
                         PARTICIPATION BY VETERANS
                      WITH RESPECT TO STATE CONTRACTS
 SECTION 369-M. DEFINITIONS.
         369-N. DIVISION OF VETERANS' BUSINESS DEVELOPMENT.
         369-O. OPPORTUNITIES FOR CERTIFIED VETERAN-OWNED BUSINESS ENTER-
                  PRISES.
         369-P. SEVERABILITY.
   §  369-M.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISE" SHALL MEAN A BUSINESS
 ENTERPRISE,  INCLUDING  A  SOLE  PROPRIETORSHIP,  PARTNERSHIP,   LIMITED
 LIABILITY COMPANY OR CORPORATION THAT IS:
   (A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE VETERANS;
   (B)  AN  ENTERPRISE  IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTAN-
 TIAL, AND CONTINUING;
   (C) AN ENTERPRISE IN WHICH SUCH 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;

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

                                                            LBD01435-01-1

 S. 2080                             2
 
   (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 VETERANS'
 BUSINESS DEVELOPMENT.
   4. "DIVISION" SHALL MEAN THE DIVISION OF VETERANS'  BUSINESS  DEVELOP-
 MENT IN THE OFFICE OF GENERAL SERVICES.
   5. "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;

 S. 2080                             3
 
   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.
   (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.
   6. "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.
   §  369-N.  DIVISION OF VETERANS' BUSINESS DEVELOPMENT. 1.  THE HEAD OF
 THE DIVISION OF 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
 VETERAN-OWNED BUSINESS.
   (B) DEVELOP AND MAKE AVAILABLE TO STATE AGENCIES A DIRECTORY OF CERTI-
 FIED VETERAN-OWNED BUSINESS ENTERPRISES WHICH SHALL, WHEREVER  PRACTICA-
 BLE, BE DIVIDED INTO CATEGORIES OF LABOR, SERVICES, SUPPLIES, EQUIPMENT,
 MATERIALS  AND  RECOGNIZED  CONSTRUCTION TRADES AND WHICH SHALL INDICATE

 S. 2080                             4
 
 AREAS OR LOCATIONS OF THE STATE WHERE SUCH ENTERPRISES ARE AVAILABLE  TO
 PERFORM SERVICES. SUCH DIRECTORY SHALL BE POSTED ON THE OFFICE OF GENER-
 AL SERVICES WEBSITE.
   (C) ASSIST STATE AGENCIES IN THE DEVELOPMENT OF PROGRAMS TO FOSTER AND
 PROMOTE   THE   USE  OF  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 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 VETERAN-OWNED BUSI-
 NESS 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 VETERANS'  BUSINESS  DEVELOPMENT
 AND INVESTIGATION AND EVALUATION OF THEIR IMPACT ON ACHIEVING THE OBJEC-
 TIVES 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 VETERAN-OWNED BUSINESS ENTERPRISES.
   (B) CONDUCT A COORDINATED REVIEW OF ALL EXISTING  AND  PROPOSED  STATE
 TRAINING  AND  TECHNICAL  ASSISTANCE ACTIVITIES IN DIRECT SUPPORT OF THE
 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  VETERAN-OWNED
 BUSINESS ENTERPRISES' UNDERSTANDING OF STATE PROCUREMENT LAWS, PRACTICES
 AND  PROCEDURES TO FACILITATE AND INCREASE THE PARTICIPATION OF VETERAN-
 OWNED BUSINESS ENTERPRISES IN STATE PROCUREMENT.
   (E) ESTABLISH REGULAR PERFORMANCE REPORTING SYSTEMS  REGARDING  IMPLE-
 MENTATION  OF  THE  PROGRAMS DESIGNED TO INCREASE VETERAN-OWNED BUSINESS
 PARTICIPATION IN PROCUREMENT CONTRACTS BY STATE AGENCIES.
   (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  VETERAN-OWNED  BUSINESS ENTERPRISES CERTIFIED, THE NUMBER OF
 APPLICATIONS FOR CERTIFICATION AS A 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 CERTIFICATION 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

 S. 2080                             5
 
 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 VETERANS' BUSINESS DEVELOPMENT SHALL BE RESPONSI-
 BLE FOR VERIFYING BUSINESSES AS BEING OWNED, OPERATED, AND CONTROLLED BY
 A VETERAN OR VETERANS  AND  FOR  CERTIFYING  SUCH  VERIFIED  BUSINESSES.
 STATUS  AS A 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, INCLUDING BUT NOT LIMITED TO, A DD-214 FORM
 OR AN HONORABLE SERVICE CERTIFICATE/REPORT OF CAUSALITY FROM THE DEPART-
 MENT OF DEFENSE, A LETTER OF CERTIFICATION BY THE UNITED STATES  DEPART-
 MENT  OF VETERANS AFFAIRS OR THE UNITED STATES DEPARTMENT OF DEFENSE AND
 ANY ADDITIONAL INFORMATION THAT MAY  BE  REQUIRED  BY  THE  DIVISION  OF
 VETERANS' BUSINESS DEVELOPMENT. IN THE CASE OF THE NEW YORK GUARD OR THE
 NEW  YORK  NAVAL  MILITIA  AND/OR  RESERVES THEREOF, STATUS AS A VETERAN
 PURSUANT TO THIS PARAGRAPH SHALL BE DOCUMENTED  PURSUANT  TO  RULES  AND
 REGULATIONS PROMULGATED BY THE DIRECTOR, OR IN THE ABSENCE OF THE DIREC-
 TOR, 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.
   § 369-O. OPPORTUNITIES FOR  CERTIFIED  VETERAN-OWNED  BUSINESS  ENTER-
 PRISES.  1. THE DIRECTOR, OR IN THE ABSENCE OF THE DIRECTOR, THE COMMIS-
 SIONER, 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 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 CERTI-
 FIED VETERAN-OWNED BUSINESS ENTERPRISES MAY BEST PERFORM;
   (B) PROVIDE FOR MEASURES AND PROCEDURES THAT ASSIST STATE AGENCIES  IN
 THE  IDENTIFICATION  OF STATE CONTRACTS WHERE VETERAN CONTRACT GOALS ARE

 S. 2080                             6
 
 PRACTICAL, FEASIBLE AND APPROPRIATE FOR THE PURPOSE  OF  INCREASING  THE
 UTILIZATION  OF VETERAN-OWNED BUSINESS ENTERPRISE PARTICIPATION ON STATE
 CONTRACTS;
   (C)  ACHIEVE  A STATEWIDE GOAL FOR PARTICIPATION ON STATE CONTRACTS BY
 VETERAN-OWNED BUSINESS ENTERPRISES AT A PERCENTAGE TO BE  DETERMINED  BY
 THE COMMISSIONER;
   (D)  PROVIDE  FOR  PROCEDURES  RELATING  TO  SUBMISSION AND RECEIPT OF
 APPLICATIONS BY 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  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.
   § 369-P. 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.
   §  2. The commissioner of the office of general services shall conduct
 a study to determine the percentage of contracts to be set  aside  under
 this act for veteran-owned businesses.
   §  3.  No  later  than  ninety calendar days after this act shall have
 become a law, the commissioner of the office of general  services  shall
 complete the study pursuant to section two of this act.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed five years after such effective date.

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Senate Bill S2080

Sponsored By

Archive: Last Bill Status - In Senate Committee Procurement And Contracts Committee

co-Sponsors

2021-S2080 (ACTIVE) - Details

2021-S2080 (ACTIVE) - Summary

2021-S2080 (ACTIVE) - Sponsor Memo

2021-S2080 (ACTIVE) - Bill Text download pdf

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Senate Bill S2080

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Sponsored By

Daphne Jordan

Archive: Last Bill Status - In Senate Committee Procurement And Contracts Committee

co-Sponsors

Fred Akshar

2021-S2080 (ACTIVE) - Details

2021-S2080 (ACTIVE) - Summary

2021-S2080 (ACTIVE) - Sponsor Memo

2021-S2080 (ACTIVE) - Bill Text download pdf

Comments