Bill Text: NY S03561 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts the "protect New York jobs act"; provides preferred 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 governmental relations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S03561 Detail]

Download: New_York-2017-S03561-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3561
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 24, 2017
                                       ___________
        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. Short title. This act shall be known and may  be  cited  as
     2  the "Protect New York jobs act".
     3    §  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    § 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
    24  and where such workshop is approved for such purposes by the commission-
    25  er of education; [or]
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08672-01-7
        S. 3561                             2
     1    f.  Commodities and services produced by any qualified charitable non-
     2  profit-making workshop for veterans approved for such  purposes  by  the
     3  commissioner  of education, or incorporated under the laws of this state
     4  and approved for such purposes by the commissioner of education[.]; or
     5    g.  Commodities  or services produced by a company whose primary busi-
     6  ness presence is located in New York state, that  realizes,  along  with
     7  the  gross  revenues of its affiliates and related members, no less than
     8  fifty percent of its combined gross revenues, as  defined  by  generally
     9  accepted  accounting principles, from business activity generated in New
    10  York state, and that has at least fifty-one percent of its,  along  with
    11  its  affiliated  and  related  members,  fulltime  equivalent  employees
    12  employed in New York state, and whose primary business  activity  is  to
    13  conduct such activity in any capacity other than governmental relations.
    14    § 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    §  5.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law.