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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--B
                              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  --  recommitted  to  the  Committee on Finance in
         accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06129-03-2
       S. 2733--B                          2
    1    e. Commodities and services produced by a qualified veterans' workshop
    2  providing  job  and  employment-skills training to veterans where such a
    3  workshop is operated by the United States department of veterans affairs
    4  and is manufacturing products or performing services within  this  state
    5  and where such workshop is approved for such purposes by the commission-
    6  er of education; [or]
    7    f.  Commodities and services produced by any qualified charitable non-
    8  profit-making workshop for veterans approved for such  purposes  by  the
    9  commissioner  of education, or incorporated under the laws of this state
   10  and approved for such purposes by the commissioner of education[.]; OR
   11    G. COMMODITIES OR SERVICES PRODUCED BY A COMPANY WHOSE  PRIMARY  BUSI-
   12  NESS  PRESENCE  IS  LOCATED IN NEW YORK STATE, THAT REALIZES, ALONG WITH
   13  THE GROSS REVENUES OF ITS AFFILIATES AND RELATED MEMBERS, NO  LESS  THAN
   14  FIFTY  PERCENT  OF  ITS COMBINED GROSS REVENUES, AS DEFINED BY GENERALLY
   15  ACCEPTED ACCOUNTING PRINCIPLES, FROM BUSINESS ACTIVITY GENERATED IN  NEW
   16  YORK  STATE,  AND THAT HAS AT LEAST FIFTY-ONE PERCENT OF ITS, ALONG WITH
   17  ITS  AFFILIATED  AND  RELATED  MEMBERS,  FULLTIME  EQUIVALENT  EMPLOYEES
   18  EMPLOYED  IN  NEW  YORK STATE, AND WHOSE PRIMARY BUSINESS ACTIVITY IS TO
   19  CONDUCT SUCH ACTIVITY IN ANY CAPACITY OTHER THAN GOVERNMENTAL RELATIONS.
   20    S 4. Subparagraph (iii) of paragraph a of subdivision 4 of section 162
   21  of the state finance law, as added by chapter 83 of the laws of 1995, is
   22  amended to read as follows:
   23    (iii) When commodities are available, in the form, function and utili-
   24  ty required by, a state agency or political subdivision or public  bene-
   25  fit corporation having their own purchasing agency, and such commodities
   26  are  not  available pursuant to subparagraphs (i) and (ii) of this para-
   27  graph, said commodities shall then be purchased from  a  qualified  non-
   28  profit-making  agency  for  other severely disabled persons, a qualified
   29  special employment program for mentally ill persons,  [or]  a  qualified
   30  veterans'  workshop, OR A NEW YORK BASED VENDOR AS PROVIDED FOR IN PARA-
   31  GRAPH G OF SUBDIVISION TWO OF THIS SECTION;
   32    S 5. This act shall take effect on the ninetieth day  after  it  shall
   33  have become a law.