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.

Enacts the "protect New York jobs act"

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