Bill Text: NY S02733 | 2011-2012 | General Assembly | Amended

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Bill Title: Enacts the "protect New York job acts"; provides referred source status for the purposes of procurement to New York based companies who meet certain criteria and which have at least fifty-one percent of its fulltime equivalent employees employed in New York State and whose primary business activity is to conduct business in any capacity other than government relations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S02733 Detail]

Download: New_York-2011-S02733-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2733--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 31, 2011
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to  the  Committee  on  Finance  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to amend the state finance law, in relation to preferred source
         status for the purposes of procurement
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "Protect New York jobs act".
    3    S 2. Paragraph i of subdivision 2 of section 161 of the state  finance
    4  law,  as  added by chapter 83 of the laws of 1995, is amended to read as
    5  follows:
    6    i. Establish and, from time to time, amend guidelines for the procure-
    7  ment of services and technology in accordance  with  the  provisions  of
    8  this  article.  Such guidelines shall ensure the wise and prudent use of
    9  public money in the best interest of the taxpayers of the  state;  guard
   10  against  favoritism,  improvidence,  extravagance, fraud and corruption;
   11  and ensure that service contracts are  awarded  on  the  basis  of  best
   12  value,  including, but not limited to, the following criteria:  quality,
   13  cost, and efficiency; AND ALL OTHER CRITERIA BEING EQUAL,  THE  ECONOMIC
   14  NEXUS OF THE VENDOR AS PROVIDED FOR IN PARAGRAPH G OF SUBDIVISION TWO OF
   15  SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE;
   16    S  3.  Paragraphs e and f of subdivision 2 of section 162 of the state
   17  finance law, paragraph e as amended and paragraph f as added by  chapter
   18  501  of the laws of 2002, are amended, and a new paragraph g is added to
   19  read as follows:
   20    e. Commodities and services produced by a qualified veterans' workshop
   21  providing job and employment-skills training to veterans  where  such  a
   22  workshop is operated by the United States department of veterans affairs
   23  and  is  manufacturing products or performing services within this state
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06129-02-1
       S. 2733--A                          2
    1  and where such workshop is approved for such purposes by the commission-
    2  er of education; [or]
    3    f.  Commodities and services produced by any qualified charitable non-
    4  profit-making workshop for veterans approved for such  purposes  by  the
    5  commissioner  of education, or incorporated under the laws of this state
    6  and approved for such purposes by the commissioner of education[.]; OR
    7    G. COMMODITIES AND SERVICES PRODUCED BY A COMPANY WHOSE PRIMARY  BUSI-
    8  NESS  PRESENCE  IS LOCATED IN NEW YORK STATE, THAT REALIZES NO LESS THAN
    9  TWENTY PERCENT OF ITS GROSS REVENUE, AS DEFINED  BY  GENERALLY  ACCEPTED
   10  ACCOUNTING  PRINCIPLES,  FROM  BUSINESS  ACTIVITY  GENERATED IN NEW YORK
   11  STATE, AND THAT HAS AT LEAST ONE EMPLOYEE WHO RESIDES FULL-TIME  IN  NEW
   12  YORK STATE AND WHOSE PRIMARY ROLE IS TO CONDUCT BUSINESS IN ANY CAPACITY
   13  OTHER THAN GOVERNMENT RELATIONS.
   14    S 4. Subparagraph (iii) of paragraph a of subdivision 4 of section 162
   15  of the state finance law, as added by chapter 83 of the laws of 1995, is
   16  amended to read as follows:
   17    (iii) When commodities are available, in the form, function and utili-
   18  ty  required by, a state agency or political subdivision or public bene-
   19  fit corporation having their own purchasing agency, and such commodities
   20  are not available pursuant to subparagraphs (i) and (ii) of  this  para-
   21  graph,  said  commodities  shall then be purchased from a qualified non-
   22  profit-making agency for other severely disabled  persons,  a  qualified
   23  special  employment  program  for mentally ill persons, [or] a qualified
   24  veterans' workshop, OR A NEW YORK BASED VENDOR AS PROVIDED FOR IN  PARA-
   25  GRAPH G OF SUBDIVISION TWO OF THIS SECTION;
   26    S  5.  This  act shall take effect on the ninetieth day after it shall
   27  have become a law.