New York S 6161: Relates to participation by veterans with respect to state contracts

Bill Text

STATE OF NEW YORK
________________________________________________________________________
6161
2023-2024 Regular Sessions
IN SENATE
March 31, 2023
___________
Introduced by Sen. ASHBY -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT to amend the veterans' services law, the cannabis law, the labor
law, the state finance law and the state technology law, in relation
to participation by veterans with respect to state contracts
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The article heading of article 3 of the veterans' services
2 law is amended to read as follows:
3 PARTICIPATION BY [ ] VETERANS WITH RESPECT TOSERVICE-DISABLED
4 STATE CONTRACTS
5 § 2. Subdivisions 1, 3 and 4 of section 40 of the veterans' services
6 law are amended to read as follows:
7 1. "Certified [ ] veteran-owned business enterprise"service-disabled
8 shall mean a business enterprise, including a sole proprietorship, part-
9 nership, limited liability company or corporation that is:
10 (a) at least fifty-one percent owned by one or more [ ]service-disabled
11 veterans;
12 (b) an enterprise in which such [ ] veteran ownershipservice-disabled
13 is real, substantial, and continuing;
14 (c) an enterprise in which such [ ] veteran ownershipservice-disabled
15 has and exercises the authority to control independently the day-to-day
16 business decisions of the enterprise;
17 (d) an enterprise authorized to do business in this state and is inde-
18 pendently-owned and operated;
19 (e) an enterprise that is a small business which has a significant
20 business presence in the state, not dominant in its field and employs,
21 based on its industry, a certain number of persons as determined by the
22 director, but not to exceed three hundred, taking into consideration
23 factors which include, but are not limited to, federal small business
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD10527-01-3

S. 6161 2
1 administration standards pursuant to 13 CFR part 121 and any amendments
2 thereto; and
3 (f) certified by the office of general services.
4 3. "Director" shall mean the director of the division of [service-dis-
5 ] veterans' business development.abled
6 4. "Division" shall mean the division of [ ] veterans'service-disabled
7 business development in the office of general services.
8 § 3. Section 41 of the veterans' services law is amended to read as
9 follows:
10 § 41. Division of [ ] veterans' business development.service-disabled
11 1. The head of the division of [ ] veterans' businessservice-disabled
12 development shall be the director who shall be appointed by the governor
13 and who shall hold office at the pleasure of the commissioner.
14 2. The director may appoint such deputies, assistants, and other
15 employees as may be needed for the performance of the duties prescribed
16 herein subject to the provisions of the civil service law and the rules
17 and regulations of the civil service commission. The director may
18 request and shall receive from any (i) department, division, board,
19 bureau, or executive commission of the state or (ii) state agency, such
20 assistance as may be necessary to carry out the provisions of this arti-
21 cle.
22 3. The director shall have the following powers and duties:
23 (a) Develop, collect, summarize and disseminate information that will
24 be helpful to persons and organizations throughout the state in under-
25 taking or promoting the establishment and successful operation of a
26 [ ] veteran-owned business.service-disabled
27 (b) Develop and make available to state agencies a directory of certi-
28 fied [ ] veteran-owned business enterprises which shall,service-disabled
29 wherever practicable, be divided into categories of labor, services,
30 supplies, equipment, materials and recognized construction trades and
31 which shall indicate areas or locations of the state where such enter-
32 prises are available to perform services. Such directory shall be posted
33 on the office of general services website.
34 (c) Assist state agencies in the development of programs to foster and
35 promote the use of [ ] veteran-owned business enterprisesservice-disabled
36 on state contracts.
37 (d) Coordinate the plans, programs and operations of the state govern-
38 ment which affect or may contribute to the establishment, preservation
39 and development of [ ] veteran-owned business enter-service-disabled
40 prises.
41 (e) To appoint independent hearing officers who by contract or terms
42 of employment shall preside over adjudicatory hearings pursuant to this
43 section for the office and who are assigned no other work by the office.
44 (f) In conjunction with the commissioner, develop a comprehensive
45 statewide plan and operational guidelines to promote [ ]service-disabled
46 veteran-owned bus