Enacts the "Service-Disabled Veteran-Owned Business Act"

Summary of Provisions:

Section 1 of the bill would provide for the legislative findings and would name this act the "Service-Disabled Veteran - Owned Business Act."

Section 2 of the bill would amend the Executive Law by adding a new Article 17-B, "Participation By Service-Disabled Veterans with Respect to State Contracts" comprised of several sections:

* Section 369-h, which would define "Certified Service-Disabled Veteran-Owned Business Enterprise", "Commissioner", "Director", "Division", "Service-Disabled Veteran", "State Agency", "State Contract" and "Veteran";

* Section 369-i, which would establish the Division of Service-Disabled Veterans' Business Development (the "Division") with a Director within the Office of General Services ("OGS") and outline the duties and responsibilities of the Director of the Division and Commissioner of OGS. Additionally, this section would provide that certification for Certified Service-Disabled Veteran-Owned Business Enterprise shall be for a period of five years;

* Section 369-j, which would require the Director to promulgate rules and regulations to operate a statewide service-disabled veteran-owned business enterprise program and provide for the following: (i) statewide performance measures and procedures, (ii) assistance to State Agencies in identifying State Contracts for which goals for participation should be set, (iii) attainment of a statewide goal of 6% for participation on State Contracts by Certified Service-Disabled Veteran-Owned Business Enterprises, (iv) certification and decertification of firms, (v) monitoring and compliance of State Contracts, (vi) reporting requirements, (vii) reservation of certain State Contracts for Certified Service-Disabled Veteran-Owned Business Enterprises and (vii) submission of annual reports concerning the Service-Disabled Veteran-Owned Business Enterprise program to the Governor, the Temporary President of the Senate and the Speaker of Assembly; and

* Severability provisions.

Section 3 of the bill would amend the definitions of "Minority-Owned Business Enterprise" and "Women-Owned Business Enterprise" to ensure

the inclusion of limited liability companies in the Minority-Women Business Enterprise Program.

Section 4 of the bill would provide for the bill to take effect immediately.

Existing Law: None.

Justification: New York is home to more than 900,000 veterans, 72 percent of whom have served in combat. Approximately 88,000 New Yorkers served in Afghanistan or Iraq. Additionally, New York State is home to approximately 30,000 active duty military personnel, as well as 30,000 National Guard and Reserve personnel.

Even though New York has the fourth-highest number of veteran-owned small businesses in the country, returning veterans lag in reintegrating into the economy. These men and women have risked their lives and, in many cases, have often suffered physical and mental health impairments in the course of protecting our freedoms and our way of life. As they work assiduously to readjust to civilian life, it is incumbent upon the State to assist them in reintegrating back into our economy.

Every year, the State procures billions of dollars in goods and services for the benefit of the people of New York. The expansion of economic opportunity through the significant purchasing power of the State is a significant way to honor Service-Disabled Veterans for their honorable service to our country and to help reintegrate them back into the State's economy. This legislation, announced as part of the Governor's first ever "Veterans and Military Families Summit" works towards establishing a 6 percent goal in the awarding of State contracts to service-disabled veteran-owned small businesses.

If enacted, this bill would help Certified Service-Disabled Veteran-Owned Business Enterprises grow and inspire budding entrepreneurs coming home from conflicts abroad to start new businesses that will be on the forefront of New York's economic revitalization.

Legislative History: This is a new bill.

Budget Implications: This bill would have no fiscal impact on the State budget.

Effective Date: The provisions of this bill would take effect immediately and expire on March 31, 2019.