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

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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2733
                              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
       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. Paragraph i of subdivision 2 of section 161  of  the  state
    2  finance  law,  as added by chapter 83 of the laws of 1995, is amended to
    3  read as follows:
    4    i. Establish and, from time to time, amend guidelines for the procure-
    5  ment of services and technology in accordance  with  the  provisions  of
    6  this  article.  Such guidelines shall ensure the wise and prudent use of
    7  public money in the best interest of the taxpayers of the  state;  guard
    8  against  favoritism,  improvidence,  extravagance, fraud and corruption;
    9  and ensure that service contracts are  awarded  on  the  basis  of  best
   10  value,  including, but not limited to, the following criteria:  quality,
   11  cost, and efficiency; AND ALL OTHER CRITERIA BEING EQUAL,  THE  ECONOMIC
   12  NEXUS OF THE VENDOR AS PROVIDED FOR IN PARAGRAPH G OF SUBDIVISION TWO OF
   13  SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE;
   14    S  2.  Paragraphs e and f of subdivision 2 of section 162 of the state
   15  finance law, paragraph e as amended and paragraph f as added by  chapter
   16  501  of the laws of 2002, are amended, and a new paragraph g is added to
   17  read as follows:
   18    e. Commodities and services produced by a qualified veterans' workshop
   19  providing job and employment-skills training to veterans  where  such  a
   20  workshop is operated by the United States department of veterans affairs
   21  and  is  manufacturing products or performing services within this state
   22  and where such workshop is approved for such purposes by the commission-
   23  er of education; [or]
   24    f. Commodities and services produced by any qualified charitable  non-
   25  profit-making  workshop  for  veterans approved for such purposes by the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06129-01-1
       S. 2733                             2
    1  commissioner of education, or incorporated under the laws of this  state
    2  and approved for such purposes by the commissioner of education[.]; OR
    3    G.  COMMODITIES AND SERVICES PRODUCED BY A COMPANY WHOSE PRIMARY BUSI-
    4  NESS PRESENCE IS LOCATED IN NEW YORK STATE, THAT REALIZES NO  LESS  THAN
    5  TWENTY  PERCENT  OF  ITS GROSS REVENUE, AS DEFINED BY GENERALLY ACCEPTED
    6  ACCOUNTING PRINCIPLES, FROM BUSINESS  ACTIVITY  GENERATED  IN  NEW  YORK
    7  STATE,  AND  THAT HAS AT LEAST ONE EMPLOYEE WHO RESIDES FULL-TIME IN NEW
    8  YORK STATE AND WHOSE PRIMARY ROLE IS TO CONDUCT BUSINESS IN ANY CAPACITY
    9  OTHER THAN GOVERNMENT RELATIONS.
   10    S 3. Subparagraph (iii) of paragraph a of subdivision 4 of section 162
   11  of the state finance law, as added by chapter 83 of the laws of 1995, is
   12  amended to read as follows:
   13    (iii) When commodities are available, in the form, function and utili-
   14  ty required by, a state agency or political subdivision or public  bene-
   15  fit corporation having their own purchasing agency, and such commodities
   16  are  not  available pursuant to subparagraphs (i) and (ii) of this para-
   17  graph, said commodities shall then be purchased from  a  qualified  non-
   18  profit-making  agency  for  other severely disabled persons, a qualified
   19  special employment program for mentally ill persons,  [or]  a  qualified
   20  veterans'  workshop, OR A NEW YORK BASED VENDOR AS PROVIDED FOR IN PARA-
   21  GRAPH G OF SUBDIVISION TWO OF THIS SECTION;
   22    S 4. This act shall take effect on the ninetieth day  after  it  shall
   23  have become a law.