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

                                 5872--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  MAGNARELLI,  MOSLEY,  TITONE, PERRY,
  ROBERTS, RAIA, WALTER, SKARTADOS, CUSICK, STEC, SANTABARBARA,  THIELE,
  SWEENEY,  SIMANOWITZ, GIGLIO, MONTESANO, MALLIOTAKIS, BRINDISI, LUPAR-
  DO, CURRAN, DIPIETRO,  GRAF,  TENNEY,  ZEBROWSKI,  WEISENBERG,  JOHNS,
  SCARBOROUGH, COLTON, BORELLI, PAULIN -- Multi-Sponsored by -- M. of A.
  ABBATE,  CLARK,  CROUCH,  DUPREY, KOLB, McDONALD, McDONOUGH, McKEVITT,
  McLAUGHLIN, PALMESANO, RA, SCHIMEL -- read once and  referred  to  the
  Committee  on  Governmental Operations -- recommitted to the Committee
  on Governmental Operations in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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 369 to
read as follows:
  S  369.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07148-05-4

              

A. 5872--A                          2

  (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
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 CORRECTIONS AND COMMUNITY SUPERVISION;
  (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 FIVE PERCENT FOR PARTICIPATION BY SERVICE-DISABLED
VETERAN BUSINESSES IN STATE CONTRACTING,  AND  EACH  AGENCY  CONTRACTING
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  TEMPORARY  PRESIDENT  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

A. 5872--A                          3

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;
  (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 GENERAL SERVICES, IN COORDINATION WITH THE DEPARTMENT OF
AUDIT AND CONTROL AND THE DEPARTMENT OF LAW, 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 REQUESTS FOR PROPOSAL SCHEDULES.
  7. DUTIES OF THE STATE DIRECTOR. THE STATE DIRECTOR 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

A. 5872--A                          4

  (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.