NY State Senate Bill 2023-S6025

Senate Bill S6025

2023-2024 Legislative Session

Requires consideration of union made commodities and services in the awarding of certain procurement contracts

download bill text pdf

Current 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to procurement and contracts
Mar 27, 2023	referred to procurement and contracts

2023-S6025 (ACTIVE) - Details

See Assembly Version of this Bill:: A3244
Current Committee:: Senate Procurement And Contracts
Law Section:: State Finance Law
Laws Affected:: Amd §163, St Fin L

2023-S6025 (ACTIVE) - Summary

Requires consideration as a quantitative factor whether the commodities or services were manufactured or will be performed by a labor union with respect to the awarding of certain procurement contracts.

2023-S6025 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6025

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the state finance law, in relation to requiring consid-
eration of union made commodities and services in the awarding of
certain procurement contracts

 
PURPOSE:

To require that union made commodities and services are considered in
state procurement contracts.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph j of subdivision 1 of section 163 of the
state finance law as amended by chapter 569 of the laws of 2015 to
include commodities or services manufactured or performed by members of
labor organizations in the basis for awarding contracts.

Section 2 amends paragraph j of subdivision 1 of section 163 of the

state finance law as amended by section 28 of part P of chapter 56 of
the laws of 2022 to include commodities or services manufactured or
performed by members of labor organizations in the basis for awarding
contracts.

Section 3 sets the effective date.

 
JUSTIFICATION:

Labor unions encourage the fair pay and treatment of employees who have
less wealth and power than their employers. Unions protect working
people by ensuring that they are able to negotiate for better pay and
working conditions through collective bargaining. Goods and services
produced by labor unions are produced by employees that are fairly
treated, and are empowered to make collective bargaining decisions. In
keeping with New York values, and honoring the fact that New York State
was a breeding ground for unions in the beginning of the labor movement,
the state should give consideration to goods and services produced by
labor unions in state procurement contracts.

 
FISCAL IMPACT:

None

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2023-S6025 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6025
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the state finance law, in relation to requiring  consid-
   eration  of  union  made  commodities  and services in the awarding of
   certain procurement contracts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  j of subdivision 1 of section 163 of the state
 finance law, as  amended by chapter 569 of the laws of 2015, is  amended
 to read as follows:
   j. "Best value" means the basis for awarding contracts for services to
 the  offerer which optimizes quality, cost and efficiency, among respon-
 sive and responsible offerers. Such basis shall reflect, wherever possi-
 ble, objective and quantifiable analysis. Such basis may also identify a
 quantitative factor for offerers that are  small  businesses,  certified
 minority- or women-owned business enterprises as defined in subdivisions
 one, seven, fifteen and twenty of section three hundred ten of the exec-
 utive  law  or  service-disabled  veteran-owned  business enterprises as
 defined in subdivision one of section three hundred sixty-nine-h of  the
 executive  law  to  be  used  in  evaluation  of  offers for awarding of
 contracts for services.  SUCH BASIS SHALL ALSO IDENTIFY AS  A  QUANTITA-
 TIVE  FACTOR  WHETHER  THE COMMODITIES OR SERVICES OFFERED WERE MANUFAC-
 TURED BY OR WILL BE PERFORMED BY MEMBERS  OF  A  LABOR  ORGANIZATION  AS
 DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   §  2. Paragraph j of subdivision 1 of section 163 of the state finance
 law, as amended by section 28 of part  PP of chapter 56 of the  laws  of
 2022, is amended to read as follows:
   j. "Best value" means the basis for awarding contracts for services to
 the  offerer which optimizes quality, cost and efficiency, among respon-
 sive and responsible offerers. Such basis shall reflect, wherever possi-
 ble, objective and quantifiable analysis. Such basis may also identify a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04734-01-3

 S. 6025                             2
 
 quantitative factor for offerers that are  small  businesses,  certified
 minority- or women-owned business enterprises as defined in subdivisions
 one, seven, fifteen and twenty of section three hundred ten of the exec-
 utive  law  or  service-disabled  veteran-owned  business enterprises as
 defined in subdivision one of section forty of  the  veterans'  services
 law  to  be  used  in evaluation of offers for awarding of contracts for
 services.   SUCH BASIS SHALL ALSO  IDENTIFY  AS  A  QUANTITATIVE  FACTOR
 WHETHER THE COMMODITIES OR SERVICES OFFERED WERE MANUFACTURED BY OR WILL
 BE  PERFORMED  BY  MEMBERS OF A LABOR ORGANIZATION AS DEFINED IN SECTION
 TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law; provided, however, that the amendments to paragraph j
 of subdivision 1 of section 163 of the state finance law made by section
 two  of  this  act  shall  take  effect on the same date and in the same
 manner as part PP of chapter 56 of the laws of 2022, takes  effect;  and
 provided  further that the amendments to paragraph j of subdivision 1 of
 section 163 of the state finance law made by sections  one  and  two  of
 this act shall not affect the repeal of such section and shall be deemed
 to be repealed therewith.

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