S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11027
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Schmitt) --
   read once and referred to the Committee on Veterans' 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;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09446-01-9

 A. 11027                            2
 
 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;
   STATE UNIVERSITY CONSTRUCTION FUND;
   SYRACUSE REGIONAL AIRPORT AUTHORITY;
   TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
   UPPER MOHAWK VALLEY REGIONAL WATER BOARD;

 A. 11027                            3
 
   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
 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.

 A. 11027                            4
 
   (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
 LIMITED  TO,  SUCH  MATTERS AS MAY BE REQUIRED TO ENSURE THAT THE ESTAB-
 LISHED PROCEDURES THEREUNDER SHALL AT LEAST BE IN  COMPLIANCE  WITH  THE

 A. 11027                            5

 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
 PRACTICAL, FEASIBLE AND APPROPRIATE FOR THE PURPOSE  OF  INCREASING  THE

 A. 11027                            6
 
 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.