NY State Senate Bill 2009-S3285

Senate Bill S3285

Vetoed By Governor

2009-2010 Legislative Session

Enacts the New York State Service-Disabled, Veteran-Owned Business Enterprise Opportunity Act

download bill text pdf

Archive: Last Bill Status Via A8555 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 17, 2009	tabled
Sep 16, 2009	vetoed memo.76
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.913 substituted for s3285a
Jul 16, 2009	substituted by a8555a ordered to third reading cal.913 committee discharged and committed to rules
Jun 11, 2009	print number 3285a
Jun 11, 2009	amend (t) and recommit to finance
Apr 06, 2009	reported and committed to finance
Mar 13, 2009	referred to veterans, homeland security and military affairs

Votes

- Jul 16, 2009 - Floor Vote
  A8555
  
  53
  
  Aye
  
  0
  
  Nay
  
  4
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (53)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      absent (4)
      
      Dilan
      
      Huntley
      
      Lanza
      
      Onorato
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 16, 2009 - Rules Committee Vote
  S3285
  
  23
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 16, 2009
      
      aye (23)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      excused (1)
      
      Johnson

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S3285 - Details

See Assembly Version of this Bill:: A6402
Law Section:: Executive Law
Laws Affected:: Add Art 17-A §§368 - 369-b, Exec L; add §139-l, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4734, A70
2013-2014: A2572

2009-S3285 - Summary

Enacts the New York State Service-Disabled, Veteran-Owned Business Enterprise Opportunity Act.

2009-S3285 - Sponsor Memo

                                 BILL NUMBER:  S3285

 TITLE OF BILL :
An act to amend the executive law, in relation to state contract
preference for service disabled veteran owned small businesses

 PURPOSE :
This bill would establish a program to provide a state contract
preferences for service disabled owned small businesses.

 SUMMARY OF SPECIFIC PROVISIONS :
Specifically, this bill would establish a new section 367 of the
executive law to provide for a state contract preference for service
disabled veteran owned small businesses In so doing, it would require
that the heads of state agencies shall provide the opportunity for
service-disabled veteran businesses to significantly increase the
state contracting and subcontracting of such businesses, by
establishing a goal of not less than 3 percent for participation by
service-disabled veteran businesses in state contracting, and each
that agency contracting officer would have the authority to reserve
certain procurements for service-disabled veteran businesses in order
to achieve compliance with such goal.

This bill would further provide that in order to implement the
provisions and policy of providing this preference, the heads of all
state agencies must develop and publicly publish a strategy to

implement the preference; make the agency's strategy publicly
available, have such strategy posted upon the website of such agency
and report annually to the Governor, the President Pro Tempore of the
Senate, the Speaker of the Assembly, the Chair of the Senate Standing
Committee on Veterans, Homeland Security and Military Affairs, and the
chair of the Assembly Standing Committee on Veterans Affairs on the
implementation of the agency's strategy; designate a senior-level
official within such agency who would be responsible for developing
and implementing the agency's strategy; include development and
implementation of the agency's strategy and achievements in
furtherance of the strategy as significant elements in any performance
plans of the agency's designated agency senior-level official and
chief acquisition or procurement officer; and include in the agency's
strategy plans for reserving agency contracts exclusively for
service-disabled veteran businesses, encouraging and facilitating
participation by service-disabled veteran businesses in competitions
for award of agency contracts, encouraging agency contractors to
subcontract with service-disabled veteran businesses and actively
monitoring and evaluating agency contractors' efforts to do so,
training agency personnel on applicable law and policies relating to
participation of service-disabled veteran businesses in state
contracting, and disseminating information to service-disabled veteran
businesses that would assist these businesses in participating in
awards of agency contracts.

This bill would also establish support roles to implement this
preference for the Deputy Commissioner of the Division for Small
Business, the Commissioner of the Office of General Services, the
Office of the State Comptroller, the Office of the Attorney General,
the Director of the Division of Veterans Affairs The Commissioner of
Labor, and the State and City University systems.

 JUSTIFICATION :

The state of New York needs to strengthen opportunities in state
contracting for service-disabled veteran owned small businesses. The
extraordinary service rendered to our state and the United States by
veterans with disabilities incurred or aggravated in the line of duty
during active service with the armed forces is worthy a providing a
contract preference to all service-disabled veteran businesses.
This bill would codify for New York an identical and highly successful
program adopted for federal contracting. With the number of our
veterans growing, and with their service and risk of disability
increasing due to foreign conflicts, this bill would provide a small
measure of recognition and support that this group of selfless men and
women so deserve.

 PRIOR LEGISLATIVE HISTORY :
2007 - S.4218 Passed Senate 62-0

 FISCAL IMPLICATIONS :
None noted.

 EFFECTIVE DATE :
This act would take effect immediately.

2009-S3285 - Bill Text download pdf

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

                                  3285

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sens.  ADAMS, LEIBELL -- 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 state contract prefer-
  ence for service disabled veteran owned small businesses

  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 section 368 to
read as follows:
  S 368. STATE CONTRACT PREFERENCE FOR SERVICE  DISABLED  VETERAN  OWNED
SMALL BUSINESSES. 1. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGIS-
LATURE  HEREBY  FINDS  AND DETERMINES THAT IT SHALL BE THE POLICY OF THE
STATE OF NEW YORK TO STRENGTHEN OPPORTUNITIES IN STATE  CONTRACTING  FOR
SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES.
  THE  LEGISLATURE  HEREBY  FURTHER  FINDS  AND DETERMINES THAT NEW YORK
STATE SHOULD HONOR THE EXTRAORDINARY SERVICE RENDERED TO OUR  STATE  AND
THE  UNITED  STATES BY VETERANS WITH DISABILITIES INCURRED OR AGGRAVATED
IN THE LINE OF DUTY DURING ACTIVE  SERVICE  WITH  THE  ARMED  FORCES  BY
PROVIDING  A  CONTRACT  PREFERENCE TO ALL SERVICE-DISABLED VETERAN BUSI-
NESSES.
  2. DEFINITIONS. WHEN USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL
MEAN AND BE DEFINED AS FOLLOWS:
  (A)  "AGENCY"  MEANS  ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVI-
SION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE,  OR  A  PUBLIC
BENEFIT CORPORATION OR PUBLIC AUTHORITY AT LEAST ONE OF WHOSE MEMBERS IS
APPOINTED  BY  THE  GOVERNOR, AUTHORIZED BY LAW TO MAKE RULES OR TO MAKE
FINAL DECISIONS IN ADJUDICATORY PROCEEDINGS BUT SHALL  NOT  INCLUDE  THE
GOVERNOR,  AGENCIES  IN  THE LEGISLATIVE AND JUDICIAL BRANCHES, AGENCIES
CREATED BY INTERSTATE COMPACT OR INTERNATIONAL AGREEMENT,  THE  DIVISION
OF  MILITARY  AND NAVAL AFFAIRS TO THE EXTENT IT EXERCISES ITS RESPONSI-
BILITY FOR MILITARY AND NAVAL AFFAIRS, THE DIVISION OF STATE POLICE, THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09958-01-9

S. 3285                             2

IDENTIFICATION AND INTELLIGENCE UNIT OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES, THE STATE INSURANCE FUND, THE  UNEMPLOYMENT  INSURANCE  APPEAL
BOARD, AND EXCEPT FOR PURPOSES OF SUBDIVISION ONE OF SECTION TWO HUNDRED
TWO-D  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT, THE WORKERS' COMPEN-
SATION BOARD AND EXCEPT FOR PURPOSES OF ARTICLE TWO OF THE STATE  ADMIN-
ISTRATIVE PROCEDURE ACT, THE STATE DIVISION OF PAROLE AND THE DEPARTMENT
OF CORRECTIONAL SERVICES;
  (B)  "SERVICE-DISABLED"  MEANS,  WITH  RESPECT TO DISABILITY, THAT THE
DISABILITY WAS INCURRED OR AGGRAVATED IN THE LINE OF DUTY IN THE  ACTIVE
SERVICE  IN  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;
  (C) "SERVICE-DISABLED VETERAN" MEANS A VETERAN, WHO INCURRED OR AGGRA-
VATED  A  DISABILITY  IN  THE  LINE OF DUTY IN THE ACTIVE SERVICE IN 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; AND
  (D)   "SERVICE-DISABLED  VETERAN  BUSINESS"  MEANS  A  SMALL  BUSINESS
CONCERN, EMPLOYING LESS THAN ONE HUNDRED PERSONS, OWNED  AND  CONTROLLED
BY SERVICE-DISABLED VETERAN OR VETERANS;
  3.  CONTRACT  PREFERENCES  AND SET ASIDES. THE HEADS OF AGENCIES SHALL
PROVIDE THE  OPPORTUNITY  FOR  SERVICE-DISABLED  VETERAN  BUSINESSES  TO
SIGNIFICANTLY  INCREASE THE STATE CONTRACTING AND SUBCONTRACTING OF SUCH
BUSINESSES.  TO ACHIEVE THAT OBJECTIVE, SUCH AGENCIES SHALL ESTABLISH  A
GOAL  OF  NOT LESS THAN THREE PERCENT FOR PARTICIPATION BY SERVICE-DISA-
BLED VETERAN BUSINESSES IN STATE CONTRACTING, AND EACH AGENCY  CONTRACT-
ING OFFICER SHALL HAVE THE AUTHORITY TO RESERVE CERTAIN PROCUREMENTS FOR
SERVICE-DISABLED  VETERAN BUSINESSES IN ORDER TO ACHIEVE COMPLIANCE WITH
SUCH GOAL.
  4. DUTIES OF AGENCY HEADS. IN ORDER TO IMPLEMENT  THE  PROVISIONS  AND
POLICY  ESTABLISHED IN SUBDIVISION THREE OF THIS SECTION, HEADS OF AGEN-
CIES SHALL:
  (A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND  POLICY  ESTAB-
LISHED  IN SUBDIVISION THREE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
SUCH STRATEGY;
  (B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, HAVE SUCH  STRATEGY
POSTED  UPON  THE  WEBSITE  OF  SUCH  AGENCY; AND REPORT ANNUALLY TO THE
GOVERNOR, THE PRESIDENT PRO TEMPORE OF THE SENATE, THE  SPEAKER  OF  THE
ASSEMBLY,  THE CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOME-
LAND SECURITY AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STAND-
ING COMMITTEE ON VETERANS AFFAIRS ON THE IMPLEMENTATION OF THE  AGENCY'S
STRATEGY;
  (C)  DESIGNATE A SENIOR-LEVEL OFFICIAL WITHIN SUCH AGENCY WHO SHALL BE
RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING THE AGENCY'S STRATEGY;
  (D) INCLUDE DEVELOPMENT AND IMPLEMENTATION OF  THE  AGENCY'S  STRATEGY
AND  ACHIEVEMENTS IN FURTHERANCE OF THE STRATEGY AS SIGNIFICANT ELEMENTS
IN ANY PERFORMANCE PLANS OF THE AGENCY'S DESIGNATED AGENCY  SENIOR-LEVEL
OFFICIAL AND CHIEF ACQUISITION OR PROCUREMENT OFFICER; AND
  (E) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
  (I) RESERVING AGENCY CONTRACTS EXCLUSIVELY FOR SERVICE-DISABLED VETER-
AN BUSINESSES;
  (II)  ENCOURAGING  AND  FACILITATING PARTICIPATION BY SERVICE-DISABLED
VETERAN BUSINESSES IN COMPETITIONS FOR AWARD OF AGENCY CONTRACTS;
  (III) ENCOURAGING AGENCY CONTRACTORS TO SUBCONTRACT WITH SERVICE-DISA-
BLED VETERAN BUSINESSES AND ACTIVELY MONITORING  AND  EVALUATING  AGENCY
CONTRACTORS' EFFORTS TO DO SO;

S. 3285                             3

  (IV) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES RELATING
TO   PARTICIPATION  OF  SERVICE-DISABLED  VETERAN  BUSINESSES  IN  STATE
CONTRACTING; AND
  (V)  DISSEMINATING  INFORMATION TO SERVICE-DISABLED VETERAN BUSINESSES
THAT WOULD ASSIST THESE BUSINESSES IN PARTICIPATING IN AWARDS OF  AGENCY
CONTRACTS.
  5.  DUTIES  OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
THE DEPUTY COMMISSIONER RESPONSIBLE FOR HEADING THE DIVISION  FOR  SMALL
BUSINESS  WITHIN  THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AS ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE  ECONOMIC  DEVELOPMENT
LAW, SHALL:
  (A)  DESIGNATE  AN  APPROPRIATE  ENTITY  WITHIN THE DIVISION FOR SMALL
BUSINESS THAT SHALL, IN  COORDINATION  WITH  THE  DIVISION  OF  VETERANS
AFFAIRS AND THE OFFICE OF THE STATE COMPTROLLER, PROVIDE TO SERVICE-DIS-
ABLED  VETERAN  BUSINESSES INFORMATION AND ASSISTANCE CONCERNING PARTIC-
IPATION IN STATE CONTRACTING;
  (B) ADVISE AND ASSIST HEADS OF AGENCIES  IN  THEIR  IMPLEMENTATION  OF
SUBDIVISION THREE OF THIS SECTION;
  (C)  MAKE AVAILABLE TO SERVICE-DISABLED VETERAN BUSINESSES TRAINING IN
STATE CONTRACTING LAW, PROCEDURES, AND PRACTICES THAT WOULD ASSIST  SUCH
BUSINESSES IN PARTICIPATING IN STATE CONTRACTING; AND
  (D) IN COOPERATION WITH THE CHANCELLOR OF THE STATE UNIVERSITY AND THE
STATE UNIVERSITY, CITY UNIVERSITY AND COMMUNITY COLLEGE SYSTEMS, DEVELOP
A  TRAINING  PROGRAM  ON STATE CONTRACTING WITH SERVICE-DISABLED VETERAN
BUSINESSES AND MAKE THIS TRAINING AVAILABLE ONLINE THROUGH A  CONTINUOUS
LEARNING PROGRAM.
  6.  DUTIES  OF  COMMISSIONER  OF  THE  OFFICE OF GENERAL SERVICES. THE
COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, IN COORDINATION WITH THE
OFFICE OF THE STATE COMPTROLLER AND THE OFFICE OF THE ATTORNEY  GENERAL,
SHALL:
  (A)  ESTABLISH  A  STATE GOVERNMENT-WIDE ACQUISITION CONTRACT RESERVED
FOR PARTICIPATION BY SERVICE-DISABLED VETERAN BUSINESSES; AND
  (B) ASSIST SERVICE-DISABLED VETERAN BUSINESSES TO BE INCLUDED IN STATE
SUPPLY, CONTRACTS AND REQUEST FOR PROPOSAL SCHEDULES.
  7. DUTIES OF THE DIRECTOR OF THE DIVISION  OF  VETERANS  AFFAIRS.  THE
DIRECTOR OF THE DIVISION OF VETERANS AFFAIRS SHALL:
  (A)  ASSIST  AGENCIES  BY MAKING AVAILABLE SERVICES OF THE DIVISION TO
FACILITATE THE PROVISIONS OF THIS SECTION;
  (B) ESTABLISH A REGISTRATION PROGRAM OF SERVICE-DISABLED VETERAN BUSI-
NESSES AND ESTABLISH AND MAINTAIN A DATABASE WITH REGARD TO SERVICE-DIS-
ABLED VETERAN BUSINESSES, FOR USE BY AGENCIES IN THEIR IMPLEMENTATION OF
THIS SECTION;
  (C) ESTABLISH AND MAINTAIN, TOGETHER WITH THE COMMISSIONER OF LABOR, A
TRANSITION ASSISTANCE PROGRAM AND  A  DISABILITY  TRANSITION  ASSISTANCE
PROGRAM  TO EDUCATE SEPARATING SERVICE MEMBERS AS TO THE BENEFITS AVAIL-
ABLE TO SERVICE-DISABLED VETERAN BUSINESSES AND AS TO  POTENTIAL  ENTRE-
PRENEURIAL OPPORTUNITIES; AND
  (D)  DISCLOSE  PERSONALLY  IDENTIFYING INFORMATION ON SERVICE-DISABLED
VETERANS TO OTHER AGENCIES WHO REQUIRE  SUCH  INFORMATION  IN  ORDER  TO
DISCHARGE THE DIVISION'S RESPONSIBILITIES UNDER THIS SECTION.
  S 2. This act shall take effect immediately.

co-Sponsors

2009-S3285A (ACTIVE) - Details

See Assembly Version of this Bill:: A6402
Law Section:: Executive Law
Laws Affected:: Add Art 17-A §§368 - 369-b, Exec L; add §139-l, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4734, A70
2013-2014: A2572

2009-S3285A (ACTIVE) - Summary

Enacts the New York State Service-Disabled, Veteran-Owned Business Enterprise Opportunity Act.

2009-S3285A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3285A

 TITLE OF BILL :
An act to amend the executive law and the state finance law, in
relation to enacting the New York State Service-Disabled Veteran-Owned
Business Enterprise Opportunity Act


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to help service-disabled veterans who are
owners of businesses increase their ability to partake in the
procurement process.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends the Executive Law by adding a new article 17-A to
create the New York State Service-Disabled Veteran-Owned Business
Enterprise Opportunity Act.

The bill defines several terms including veteran, service-disabled
veterans, certified service-disabled veteran business enterprise and
service-disabled veteran-owned business enterprise.

A service-disabled veteran-owned business enterprise shall mean a
business enterprise including sole proprietorship, partnership or
corporation (a) that is at least 51 percent owned by one or more
service-disabled veterans; (b) that is an enterprise in which the

ownership interest of such service-disabled veterans is real,
substantial and continuing; (c) that employs 100 or fewer permanent
full-time employees; (d) that is organized to engage in commercial
transactions; (e) that is domiciled in this state; and (f) where the
management and control of the daily business operations are by one or
more service-disabled veterans, or for a service-disabled veteran with
a permanent and total disability, by the spouse or permanent caregiver
of the veteran. The service-disabled veterans who exercise management
and control are not required to be the same service-disabled veterans
as the owners of the business.

Section 369 creates a statewide certification program. The
commissioner of the office of general services, in consultation with
the the division of small business shall promulgate rules and
regulations providing for the establishment of a statewide
certification program. OGS shall be responsible for verifying
businesses as being owned, operated, and controlled by
service-disabled veterans and for granting, denying and revoking
certification. A procedure enabling OGS to accept federal
certification in lieu of requiring the applicant to complete the state
certification process is required under this legislation. All
certifications shall be valid for a period of three years. A certified
service-disabled veteran-owned business enterprise must notify the
office within thirty business days after any event that may
significantly affect the certification of the business enterprise,
including, but not limited to, a change in ownership or change in
management and daily business enterprise operations.

OGS with the assistance of the division for small-business, shall
report to the governor, the temporary president of the senate and the
speaker of the assembly on or before April first of each year,
beginning in two thousand eleven, on the participation of
service-disabled veteran-owned business enterprise in state
procurement. Such report shall include but not be limited to (a) the
number of service-disabled veteran-owned business enterprises who
submitted a bid for a state procurement contract; (b) the number of
service-disabled veteran-owned business enterprises who entered into
procurement contracts and the total value of those procurement
contracts; (c) the location of service-disabled veteran owned business
enterprises who entered into procurement contracts with the state by
region; and (d) a listing of contracts by services that were provided
by service-disabled veteran-owned businesses that entered into
procurement contracts with this state.

Section 369-a Duties of the division of small-business. The division
shall (1) assist the office in establishing a certification procedure,
which shall be review triennially and updated as necessary and (2)
assist OGS with the annual report to the governor and legislature, as
required under this legislation.

Section 369-b Duties of the division of veterans' affairs. The
division shall (1.) identify eligible service-disabled veteran
business enterprises by any electronic means, including electronic
mail or internet website, or by any other reasonable means and share
such information with OGS and the department for small business and
(2) encourage and assist eligible service-disabled veteran-owned
business enterprises to apply for certification under this
legislation.

The state finance law is amended by adding a new section 139-1. When
purchasing goods, services or construction for public use, any state
agency, department or authority which has let more than two million
dollars in commodities services and construction contracts in the
prior fiscal year shall award contracts for such purchases to a
certified service-disabled veteran-owned business enterprise who
submits a bid or proposal and is a responsive and responsible bidder,
even if such participant is not the lowest bidder for such contract,
provided, however, that such award may only be made to the lowest bid
that is reasonably competitive, and provided also that there is no
lower bid or proposal by a certified minority or women-owned business
enterprise.  "Reasonably competitive" means for the purpose of this
bill a bid from a certified service-disabled veteran-owned business
enterprise does not exceed the lowest bid by more than six percent. If
two or more qualified service-disabled veteran-owned business
enterprises are the lowest bidders on a contract, all other things
being equal, the qualified service-disabled veteran with the lowest
bid shall be awarded the contract under this legislation.

 JUSTIFICATION :
Several states have enacted legislation that helps service-disabled
veteran-owned businesses partake in their respective state's
procurement contracts for goods and services. This proposal will help
service-disabled veterans who own businesses in New York state take
part in the state's procurement process.

Many of the service-disabled veterans who are returning to our state
from their military service in Iraq and Afghanistan are starting
businesses. This legislation is one step in helping these men and
women in achieving their dream of becoming successful business owners,
especially in light of these economic times.

 PRIOR LEGISLATIVE HISTORY :
New Legislation.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first day of April next succeeding
the date on which it shall have become a law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

2009-S3285A (ACTIVE) - Bill Text download pdf

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

                                 3285--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sens.  ADAMS, LEIBELL, MAZIARZ -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Veter-
  ans, Homeland Security and Military Affairs -- reported favorably from
  said  committee and committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law and the state finance law, in relation
  to enacting the New York State Service-Disabled Veteran-Owned Business
  Enterprise Opportunity Act

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

  Section  1.  Legislative intent. The legislature hereby recognizes the
need to provide support for our state's service-disabled  veterans,  who
have  made  extraordinary  sacrifices  on  behalf  of  our state and the
nation, by providing economic opportunities for service-disabled  veter-
an-owned business enterprises in the state procurement process.
  S  2.  This  act  may be cited as the "New York State Service-Disabled
Veteran-Owned Business Enterprise Opportunity Act".
  S 3. The executive law is amended by adding a new article 17-A to read
as follows:
                               ARTICLE 17-A
              NEW YORK STATE SERVICE-DISABLED VETERAN-OWNED
                   BUSINESS ENTERPRISE OPPORTUNITY ACT
SECTION 368.   DEFINITIONS.
        369.   STATEWIDE CERTIFICATION PROGRAM.
        369-A. DUTIES OF THE DIVISION FOR SMALL-BUSINESS.
        369-B. DUTIES OF THE DIVISION OF VETERANS' AFFAIRS.
  S 368. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "OFFICE" SHALL MEAN THE OFFICE OF GENERAL SERVICES;
  2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF GENERAL SERVICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09958-04-9

S. 3285--A                          2

  3. "DIVISION FOR SMALL-BUSINESS" SHALL MEAN THE DIVISION FOR SMALL-BU-
SINESS WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT;
  4.  "VETERAN"  SHALL  MEAN  A PERSON, MALE OR FEMALE, RESIDENT OF THIS
STATE, WHO HAS SERVED IN THE ACTIVE MILITARY, NAVAL, OR AIR  SERVICE  OF
THE  UNITED  STATES  DURING A WAR IN WHICH THE UNITED STATES ENGAGED AND
WHO HAS BEEN RELEASED FROM SUCH SERVICE OTHERWISE THAN  BY  DISHONORABLE
DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE;
  5.  "SERVICE-DISABLED  VETERAN"  SHALL  MEAN  A VETERAN WHO RECEIVED A
COMPENSATION RATING OF TEN PERCENT OR GREATER  FROM  THE  UNITED  STATES
DEPARTMENT  OF  VETERANS  AFFAIRS  OR  THE  UNITED  STATES DEPARTMENT OF
DEFENSE BECAUSE OF A SERVICE-CONNECTED DISABILITY;
  6.  "CERTIFIED  SERVICE-DISABLED  VETERAN-OWNED  BUSINESS  ENTERPRISE"
SHALL  MEAN  A BUSINESS ENTERPRISE THAT HAS BEEN CERTIFIED BY THE OFFICE
OF GENERAL SERVICES TO  BE  A  SERVICE-DISABLED  VETERAN-OWNED  BUSINESS
ENTERPRISE AS DEFINED IN SUBDIVISION SEVEN OF THIS SECTION;
  7.  "SERVICE-DISABLED  VETERAN-OWNED BUSINESS ENTERPRISE" SHALL MEAN A
BUSINESS ENTERPRISE, INCLUDING A  SOLE  PROPRIETORSHIP,  PARTNERSHIP  OR
CORPORATION:
  (A)  THAT  IS  AT  LEAST  FIFTY-ONE  PERCENT  OWNED  BY  ONE  OR  MORE
SERVICE-DISABLED VETERANS;
  (B) THAT IS AN ENTERPRISE IN WHICH  THE  OWNERSHIP  INTEREST  OF  SUCH
SERVICE-DISABLED VETERANS IS REAL, SUBSTANTIAL AND CONTINUING;
  (C) THAT EMPLOYS ONE HUNDRED OR FEWER PERMANENT FULL-TIME EMPLOYEES;
  (D) THAT IS ORGANIZED TO ENGAGE IN COMMERCIAL TRANSACTIONS;
  (E) THAT IS DOMICILED IN THIS STATE; AND
  (F)  WHERE THE MANAGEMENT AND CONTROL OF THE DAILY BUSINESS OPERATIONS
ARE BY ONE OR MORE SERVICE-DISABLED VETERANS OR, FOR A  SERVICE-DISABLED
VETERAN  WITH  A PERMANENT AND TOTAL DISABILITY, BY THE SPOUSE OR PERMA-
NENT CAREGIVER OF THE VETERAN. THE SERVICE-DISABLED VETERANS  WHO  EXER-
CISE MANAGEMENT AND CONTROL ARE NOT REQUIRED TO BE THE SAME SERVICE-DIS-
ABLED VETERANS AS THE OWNERS OF THE BUSINESS.
  S  369. STATEWIDE CERTIFICATION PROGRAM. 1. THE COMMISSIONER OR HIS OR
HER DESIGNEE, IN CONSULTATION  WITH  THE  DIVISION  FOR  SMALL-BUSINESS,
SHALL  PROMULGATE  RULES AND REGULATIONS PROVIDING FOR THE ESTABLISHMENT
OF A STATEWIDE CERTIFICATION PROGRAM FOR SERVICE-DISABLED  VETERAN-OWNED
BUSINESSES,  INCLUDING  RULES  AND  REGULATIONS  GOVERNING THE APPROVAL,
DENIAL OR REVOCATION OF ANY SUCH  CERTIFICATION.  SUCH  A  CERTIFICATION
PROGRAM SHALL BE REVIEWED TRIENNIALLY AND UPDATED AS NECESSARY.
  2.  THE  OFFICE SHALL BE RESPONSIBLE FOR VERIFYING BUSINESSES AS BEING
OWNED, OPERATED, AND CONTROLLED BY SERVICE-DISABLED VETERANS AS  DEFINED
IN  THIS  ARTICLE, AND FOR GRANTING, DENYING, AND REVOKING CERTIFICATION
FOR SUCH BUSINESSES UNDER THE PROCEDURES ESTABLISHED AND RULES AND REGU-
LATIONS PROMULGATED UNDER THIS SECTION.
  2-A. THE COMMISSIONER SHALL ESTABLISH A PROCEDURE ENABLING  THE  DIVI-
SION  TO  ACCEPT FEDERAL CERTIFICATION VERIFICATION FOR SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISE APPLICANTS IN LIEU  OF  REQUIRING  THE
APPLICANT  TO COMPLETE THE STATE CERTIFICATION PROCESS. THE COMMISSIONER
SHALL PROMULGATE RULES AND REGULATIONS TO SET  FORTH  CRITERIA  FOR  THE
ACCEPTANCE OF FEDERAL CERTIFICATION.
  3.   THE   APPLICATION   FOR   CERTIFICATION   AS  A  SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISE MUST, AT A MINIMUM, INCLUDE:
  (A) THE NAME OF THE BUSINESS ENTERPRISE APPLYING FOR CERTIFICATION AND
THE NAME OF THE SERVICE-DISABLED VETERAN SUBMITTING THE  APPLICATION  ON
BEHALF OF THE BUSINESS ENTERPRISE;
  (B)  THE  NAMES  OF  ALL  OWNERS OF THE BUSINESS ENTERPRISE, INCLUDING
OWNERS  WHO  ARE  SERVICE-DISABLED  VETERANS  AND  OWNERS  WHO  ARE  NOT

S. 3285--A                          3

SERVICE-DISABLED VETERANS, AND THE PERCENTAGE OF OWNERSHIP INTEREST HELD
BY EACH OWNER;
  (C) THE NAMES OF ALL PERSONS INVOLVED IN BOTH THE MANAGEMENT AND DAILY
OPERATIONS OF THE BUSINESS ENTERPRISE, INCLUDING THE SPOUSE OR PERMANENT
CAREGIVER OF A VETERAN WITH A PERMANENT AND TOTAL DISABILITY;
  (D)  THE  SERVICE-CONNECTED  DISABILITY  RATING  OF ALL PERSONS LISTED
UNDER PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION,  AS  APPLICABLE,
WITH  SUPPORTING  DOCUMENTATION  FROM  THE  UNITED  STATES DEPARTMENT OF
VETERANS AFFAIRS OR THE UNITED STATES DEPARTMENT OF DEFENSE;
  (E) THE NUMBER OF PERMANENT FULL-TIME EMPLOYEES; AND
  (F) THE LOCATION OF THE BUSINESS ENTERPRISE HEADQUARTERS.
  4. FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO  THIS  SECTION,
THE  COMMISSIONER 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 COMMISSIONER SHALL PROVIDE THE APPLICANT WITH
WRITTEN  NOTICE  OF  A  DETERMINATION BY THE OFFICE 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 COMMISSIONER. 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 COMMISSIONER TO AFFIRM, REVERSE OR MODIFY SUCH DETERMI-
NATION  OF THE COMMISSIONER. SUCH WRITTEN RECOMMENDATION SHALL BE ISSUED
TO THE PARTIES. THE COMMISSIONER, WITHIN THIRTY  DAYS,  BY  ORDER,  MUST
ACCEPT,  REJECT OR MODIFY SUCH RECOMMENDATION OF THE HEARING OFFICER AND
SET FORTH IN WRITING THE REASONS THEREFOR.  THE COMMISSIONER 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 COMMISSIONER SHALL BE SUBJECT TO REVIEW PURSUANT TO ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  5. ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.  THE
OFFICE SHALL MAINTAIN AND PERIODICALLY UPDATE AN ELECTRONIC DIRECTORY OF
CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES FOR USE BY
THE  STATE,  CONTRACTING  AGENCIES, POLITICAL SUBDIVISIONS OF THE STATE,
AND THE PUBLIC.
  6. A CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE MUST
NOTIFY THE OFFICE WITHIN THIRTY BUSINESS DAYS AFTER ANY EVENT  THAT  MAY
SIGNIFICANTLY  AFFECT  THE  CERTIFICATION  OF  THE  BUSINESS ENTERPRISE,
INCLUDING, BUT NOT LIMITED TO,  A  CHANGE  IN  OWNERSHIP  OR  CHANGE  IN
MANAGEMENT AND DAILY BUSINESS ENTERPRISE OPERATIONS.
  7.  (A) THE CERTIFICATION OF A SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISE SHALL BE REVOKED IF THE OFFICE DETERMINES THAT  THE  BUSINESS
ENTERPRISE  VIOLATED  SUBDIVISION  SIX  OF THIS SECTION.   AN OWNER OF A
CERTIFIED  SERVICE-DISABLED  VETERAN-OWNED  BUSINESS  ENTERPRISE   WHOSE
CERTIFICATION  IS  REVOKED IS NOT PERMITTED TO REAPPLY FOR CERTIFICATION
UNDER THIS SECTION AS AN OWNER OF ANY BUSINESS FOR TWELVE  MONTHS  AFTER
SUCH REVOCATION.
  (B) A SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE WHOSE CERTIF-
ICATION  HAS  BEEN  REVOKED UNDER THE PROVISION OF PARAGRAPH (A) OF THIS
SUBDIVISION MAY CONTINUE TO BID ON STATE CONTRACTS BUT IS  NOT  ELIGIBLE

S. 3285--A                          4

FOR  ANY OPPORTUNITIES AVAILABLE UNDER SECTION ONE HUNDRED THIRTY-NINE-L
OF THE STATE FINANCE LAW UNTIL SUCH TIME AS SUCH  CERTIFICATION  MAY  BE
REINSTATED.
  (C) A SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE WHOSE CERTIF-
ICATION  HAS  BEEN  REVOKED  MAY  REAPPLY FOR CERTIFICATION AFTER TWELVE
MONTHS BY  COMPLYING  WITH  THOSE  REQUIREMENTS  APPLICABLE  TO  INITIAL
CERTIFICATIONS.
  8. THE OFFICE SHALL, WITH THE ASSISTANCE OF THE DIVISION FOR SMALL-BU-
SINESS,  REPORT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE APRIL FIRST OF  EACH  YEAR,
BEGINNING  IN TWO THOUSAND ELEVEN, ON THE PARTICIPATION OF SERVICE-DISA-
BLED VETERAN-OWNED BUSINESS  ENTERPRISE  IN  STATE  PROCUREMENT.    SUCH
REPORT  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING DATA FOR THE
IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD:
  (A) THE NUMBER OF SERVICE-DISABLED VETERAN-OWNED BUSINESS  ENTERPRISES
WHO SUBMITTED A BID FOR A STATE PROCUREMENT CONTRACT;
  (B)  THE NUMBER OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
WHO ENTERED INTO PROCUREMENT CONTRACTS WITH THIS  STATE  AND  THE  TOTAL
VALUE OF THOSE PROCUREMENT CONTRACTS;
  (C)  THE  LOCATION  OF  SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISES WHO ENTERED INTO PROCUREMENT CONTRACTS WITH THIS STATE BY REGION;
AND
  (D) A LISTING OF CONTRACTS BY SERVICES THAT WERE PROVIDED BY  SERVICE-
DISABLED   VETERAN-OWNED   BUSINESSES   THAT  ENTERED  INTO  PROCUREMENT
CONTRACTS WITH THIS STATE.
  S 369-A. DUTIES OF  THE  DIVISION  FOR  SMALL-BUSINESS.  THE  DIVISION
SHALL:   1. ASSIST THE OFFICE IN ESTABLISHING A CERTIFICATION PROCEDURE,
WHICH SHALL BE REVIEWED TRIENNIALLY AND UPDATED AS NECESSARY; AND,
  2. ASSIST THE OFFICE WITH THE ANNUAL REPORT TO THE GOVERNOR AND LEGIS-
LATURE, AS REQUIRED UNDER SUBDIVISION EIGHT  OF  SECTION  THREE  HUNDRED
SIXTY-NINE OF THIS ARTICLE.
  S  369-B.  DUTIES  OF  THE DIVISION OF VETERANS' AFFAIRS. THE DIVISION
SHALL:
  1. IDENTIFY ELIGIBLE SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES  BY
ANY  ELECTRONIC MEANS, INCLUDING ELECTRONIC MAIL OR INTERNET WEBSITE, OR
BY ANY OTHER REASONABLE MEANS AND SHARE SUCH INFORMATION WITH THE OFFICE
AND THE DEPARTMENT FOR SMALL-BUSINESS; AND,
  2. ENCOURAGE AND ASSIST ELIGIBLE SERVICE-DISABLED VETERAN-OWNED  BUSI-
NESS ENTERPRISES TO APPLY FOR CERTIFICATION UNDER THIS ARTICLE.
  S 4. The state finance law is amended by adding a new section 139-l to
read as follows:
  S  139-L.  SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE OPPORTU-
NITIES. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  WHEN  PURCHASING
GOODS,  SERVICES  OR  CONSTRUCTION  FOR  PUBLIC  USE,  ANY STATE AGENCY,
DEPARTMENT, OR AUTHORITY WHICH HAS LET MORE THAN TWO MILLION DOLLARS  IN
COMMODITIES  SERVICE AND CONSTRUCTION CONTRACTS IN THE PRIOR FISCAL YEAR
SHALL AWARD CONTRACTS FOR SUCH PURCHASES TO A CERTIFIED SERVICE-DISABLED
VETERAN-OWNED BUSINESS ENTERPRISE, AS DEFINED IN ARTICLE SEVENTEEN-A  OF
THE EXECUTIVE LAW, WHO SUBMITS A BID OR PROPOSAL AND IS A RESPONSIVE AND
RESPONSIBLE  BIDDER,  EVEN  IF SUCH PARTICIPANT IS NOT THE LOWEST BIDDER
FOR SUCH CONTRACT, PROVIDED, HOWEVER THAT SUCH AWARD MAY ONLY BE MADE TO
THE LOWEST SUCH BID THAT IS REASONABLY COMPETITIVE,  AND  PROVIDED  ALSO
THAT  THERE  IS  NO  LOWER  BID  OR  PROPOSAL BY A CERTIFIED MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISE AS DEFINED IN ARTICLE FIFTEEN-A  OF  THE
EXECUTIVE  LAW. FOR THE PURPOSE OF THIS SUBDIVISION, "REASONABLY COMPET-
ITIVE" SHALL MEAN THAT SUCH BID FROM A CERTIFIED SERVICE-DISABLED VETER-

S. 3285--A                          5

AN-OWNED BUSINESS ENTERPRISE DOES NOT EXCEED THE LOWEST BID BY MORE THAN
SIX PERCENT. IF TWO OR  MORE  QUALIFIED  SERVICE-DISABLED  VETERAN-OWNED
BUSINESS  ENTERPRISES  ARE  THE  LOWEST BIDDERS ON A CONTRACT, ALL OTHER
THINGS  BEING  EQUAL,  THE  QUALIFIED  SERVICE-DISABLED VETERAN WITH THE
LOWEST BID SHALL BE AWARDED THE CONTRACT UNDER THIS ACT.
  S 5. This act shall take effect on the first of April next  succeeding
the  date  on  which  it  shall have become law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.

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Senate Bill S3285

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Sponsored By

Eric Adams

Archive: Last Bill Status Via A8555 - Vetoed by Governor

Bill Amendments

co-Sponsors

Vincent L. Leibell

George D. Maziarz

2009-S3285 - Details

2009-S3285 - Summary

2009-S3285 - Sponsor Memo

2009-S3285 - Bill Text download pdf

co-Sponsors

Vincent L. Leibell

George D. Maziarz

2009-S3285A (ACTIVE) - Details

2009-S3285A (ACTIVE) - Summary

2009-S3285A (ACTIVE) - Sponsor Memo

2009-S3285A (ACTIVE) - Bill Text download pdf

Comments