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

                                  5801

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. McKEVITT, KOLB, CROUCH, WALKER, ALFANO, BARRA --
  Multi-Sponsored by --  M.  of  A.  BACALLES,  ERRIGO,  FINCH,  HAWLEY,
  P. LOPEZ, McDONOUGH, MILLER -- read once and referred to the Committee
  on Governmental Operations

AN  ACT to amend the state finance law, in relation to providing a pref-
  erence to New York state contractors  for  purposes  of  public  works
  contracts

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

  Section 1. The state finance law is amended by adding  a  new  section
147 to read as follows:
  S  147. PREFERENCE FOR NEW YORK STATE CONTRACTORS. 1. EXCEPT AS OTHER-
WISE PROVIDED IN THIS SECTION, WHEN LETTING CONTRACTS IN ACCORDANCE WITH
SECTION ONE HUNDRED THIRTY-FIVE OF  THIS  ARTICLE  FOR  THE  PURPOSE  OF
ERECTING,  CONSTRUCTING, RECONSTRUCTING, ALTERING OR REPAIRING BUILDINGS
OF THE STATE, BID SPECIFICATIONS OF EVERY  OFFICER,  BOARD,  DEPARTMENT,
COMMISSION  OR COMMISSIONS CHARGED WITH THE DUTY OF PREPARING SPECIFICA-
TIONS OR AWARDING SUCH CONTRACTS MAY  REQUIRE  PROVISIONS  THAT  MANDATE
THAT  THE ESSENTIAL COMPONENTS OF SUCH PROJECTS BE PRODUCED OR PROCESSED
IN FACILITIES LOCATED WITHIN THE STATE AND THAT THE SERVICES  FOR  WORK,
LABOR  AND  SUPERVISION  OF  SUCH PROJECTS BE PERFORMED BY PARTNERSHIPS,
FIRMS, BUSINESSES OR CORPORATIONS WHICH ARE RESIDENTS OF THE STATE.
  2. THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND  THE  COMMISSIONER  OF
LABOR SHALL DETERMINE, USING UNIFORM CRITERIA, THOSE TYPES OF COMPONENTS
AND SERVICES FOR WHICH THE REQUIREMENTS OF THIS SECTION ARE DEEMED BENE-
FICIAL  AND  SHALL  PROMULGATE AND FORWARD TO THE APPROPRIATE AGENCIES A
LIST OF SUCH COMPONENTS AND SERVICES. SUCH  COMMISSIONERS  SHALL  UPDATE
SUCH LIST AS OFTEN AS IS DEEMED BY THEM TO BE NECESSARY.
  3.  (A)  THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER
OF LABOR SHALL SPECIFY THE PERCENTAGE OF UNEMPLOYMENT REQUIRED TO  EXIST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09183-01-9

              

A. 5801                             2

IN  THE PERTINENT INDUSTRIES WITHIN THE STATE AND THE PERCENTAGE OF EACH
COMPONENT REQUIRED TO BE PRODUCED OR PROCESSED IN THE STATE.
  (B)  UPON  A  DETERMINATION  BY  SUCH  COMMISSIONERS THAT A SUFFICIENT
PERCENTAGE OF UNEMPLOYMENT IN  THE  PERTINENT  INDUSTRIES  OF  NEW  YORK
PRODUCED  OR PROCESSED COMPONENTS DOES NOT EXIST IN THE STATE, THE SPEC-
IFICATIONS REQUIRING THE USE OF NEW YORK PRODUCED  OR  PROCESSED  COMPO-
NENTS  OR  NEW  YORK  SERVICES  FOR WORK, LABOR AND SUPERVISION SHALL BE
WAIVED.
  (C) IN THE EVENT THAT NO ACCEPTABLE BIDS ARE RECEIVED, THE  PROVISIONS
OF THIS SECTION MAY BE WAIVED AND THE CONTRACT MAY BE AWARDED IN ACCORD-
ANCE  WITH OTHER APPLICABLE STATUTES. IN ADDITION, IF SUCH COMMISSIONERS
AGREE TO THE DELETERIOUS ECONOMIC IMPACT OF  THESE  SPECIFICATIONS,  THE
PROVISIONS OF THIS SECTION MAY BE WAIVED.
  4.  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
LABOR MAY ISSUE SUCH REGULATIONS AS THEY DEEM NECESSARY AND  PROPER  FOR
THE IMPLEMENTATION OF THIS SECTION.
  5. (A) WITH EACH BID, THE BIDDER SHALL CERTIFY THAT THE COMPONENTS AND
SERVICES  FOR  WORK,  LABOR  AND  SUPERVISION TO BE UTILIZED SHALL BE IN
CONFORMITY WITH THE PROVISIONS OF THIS SECTION.
  (B) ANY SUCCESSFUL BIDDER WHO FAILS TO COMPLY WITH THE  PROVISIONS  OF
THIS  SECTION  SHALL FORFEIT THE RIGHT TO BID ON CONTRACTS LET UNDER THE
PROVISIONS OF THIS SECTION FOR A PERIOD OF TIME TO BE DETERMINED BY  THE
COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF LABOR.
  6.  EACH SUCCEEDING YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF LABOR SHALL
PROVIDE THE LEGISLATURE WITH A REPORT ON THE FIFTEENTH DAY OF JANUARY ON
THE EFFECTS OF THIS SECTION AND RECOMMENDATIONS ON WAYS TO MAKE IT  MORE
EFFECTIVE.
  7.  IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR PART OF THIS SECTION OR THE
APPLICATION THEREOF TO ANY  PERSON  OR  CIRCUMSTANCES,  SHALL,  FOR  ANY
REASON,  BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE  REMAINDER  OF
THIS  SECTION,  AND  THE APPLICATION THEREOF TO OTHER PERSONS OR CIRCUM-
STANCES, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH
SUCH JUDGMENT SHALL HAVE BEEN RENDERED AND  TO  THE  PERSON  OR  CIRCUM-
STANCES  INVOLVED.  IT  IS  HEREBY  DECLARED  TO BE THE INTENT THAT THIS
SECTION WOULD HAVE BEEN ADOPTED HAD SUCH  INVALID  PROVISIONS  NOT  BEEN
INCLUDED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.