S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3038

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 29, 2013
                                      ___________

       Introduced  by  Sen.  BALL  --  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 executive  law,  in  relation  to  participation  by
         service-connected disabled veterans and 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 executive law is amended by adding a new  article  17-A
    2  to read as follows:
    3                                 ARTICLE 17-A
    4          PARTICIPATION BY SERVICE-CONNECTED DISABLED VETERANS AND
    5                  VETERANS WITH RESPECT TO STATE CONTRACTS
    6  SECTION 369.   DEFINITIONS.
    7          369-A. OPPORTUNITIES  FOR  CERTIFIED  SERVICE-CONNECTED DISABLED
    8                   VETERAN-OWNED BUSINESS ENTERPRISES.
    9          369-B. OPPORTUNITIES FOR CERTIFIED VETERAN-OWNED BUSINESS ENTER-
   10                   PRISES.
   11          369-C. SEVERABILITY.
   12    S 369. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
   13  HAVE THE FOLLOWING MEANINGS:
   14    1. "AGENCY" OR "AGENCIES" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN
   15  SUBDIVISION NINE OF SECTION ONE HUNDRED SIXTY OF THE STATE FINANCE LAW.
   16    2.  "PERIOD OF WAR" MEANS THE SPANISH AMERICAN WAR; THE MEXICAN BORDER
   17  PERIOD; WORLD WAR I; WORLD WAR II; THE HOSTILITIES KNOWN AS  THE  KOREAN
   18  WAR,  WHICH  COMMENCED  JUNE  TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY AND
   19  TERMINATED ON JANUARY THIRTY-FIRST,  NINETEEN  HUNDRED  FIFTY-FIVE;  THE
   20  HOSTILITIES  KNOWN AS THE VIETNAM WAR, WHICH COMMENCED ON FEBRUARY TWEN-
   21  TY-EIGHTH, NINETEEN HUNDRED SIXTY-ONE AND  TERMINATED  ON  MAY  SEVENTH,
   22  NINETEEN  HUNDRED SEVENTY-FIVE; AND THE HOSTILITIES KNOWN AS THE PERSIAN
   23  GULF CONFLICT, WHICH COMMENCED AUGUST SECOND, NINETEEN HUNDRED NINETY TO

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07355-01-3

       S. 3038                             2

    1  THE END OF SUCH CONFLICT INCLUDING MILITARY SERVICE IN OPERATION  ENDUR-
    2  ING  FREEDOM,  OPERATION IRAQI FREEDOM OR OPERATION NEW DAWN AND WAS THE
    3  RECIPIENT OF THE GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL OR THE IRAQ
    4  CAMPAIGN MEDAL OR THE AFGHANISTAN CAMPAIGN MEDAL.
    5    3. "SERVICE-CONNECTED DISABLED VETERAN" MEANS A VETERAN WHO RECEIVED A
    6  COMPENSATION  RATING  FROM  THE  UNITED  STATES  DEPARTMENT OF VETERANS'
    7  AFFAIRS OR FROM THE UNITED STATES DEPARTMENT OF  DEFENSE  BECAUSE  OF  A
    8  SERVICE-CONNECTED  DISABILITY INCURRED IN THE LINE OF DUTY IN THE ACTIVE
    9  MILITARY, NAVAL OR AIR SERVICE.
   10    4. "CERTIFIED SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTER-
   11  PRISE" SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING  A  SOLE  PROPRIETOR-
   12  SHIP, PARTNERSHIP, OR CORPORATION THAT IS:
   13    (A)  AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE SERVICE-CONNECTED
   14  DISABLED VETERANS;
   15    (B) AN ENTERPRISE IN WHICH  SUCH  SERVICE-CONNECTED  DISABLED  VETERAN
   16  OWNERSHIP IS REAL, SUBSTANTIAL, AND CONTINUING;
   17    (C)  AN  ENTERPRISE  IN  WHICH SUCH SERVICE-CONNECTED DISABLED VETERAN
   18  OWNERSHIP HAS AND EXERCISES THE AUTHORITY TO CONTROL  INDEPENDENTLY  THE
   19  DAY-TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE;
   20    (D) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND IS INDE-
   21  PENDENTLY OWNED AND OPERATED;
   22    (E)  AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE OWNER-
   23  SHIP, CONTROL AND OPERATION ARE RELIED UPON FOR  CERTIFICATION,  WITH  A
   24  PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU-
   25  SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
   26  ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR;
   27    (F)  AN  ENTERPRISE  THAT  IS A SMALL BUSINESS PURSUANT TO SUBDIVISION
   28  FIVE OF THIS SECTION; AND
   29    (G) CERTIFIED PURSUANT TO SUBDIVISION THREE OF SECTION  THREE  HUNDRED
   30  SIXTY-NINE-A OF THIS ARTICLE.
   31    5.  "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
   32  ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
   33    6. "VETERAN" SHALL MEAN A PERSON WHO SERVED IN  THE  ACTIVE  MILITARY,
   34  NAVAL,  OR AIR SERVICE DURING A PERIOD OF WAR, OR WAS A RECIPIENT OF THE
   35  ARMED FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS
   36  EXPEDITIONARY MEDAL, OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, AND
   37  WAS DISCHARGED OR  RELEASED  THEREFROM  UNDER  OTHER  THAN  DISHONORABLE
   38  DISCHARGE.
   39    7. "CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISE" SHALL MEAN A BUSINESS
   40  ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION
   41  THAT IS:
   42    (A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE VETERANS;
   43    (B)  AN  ENTERPRISE  IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTAN-
   44  TIAL, AND CONTINUING;
   45    (C) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP  HAS  AND  EXERCISES
   46  THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
   47  OF THE ENTERPRISE;
   48    (D)  AN  ENTERPRISE  AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
   49  PENDENTLY OWNED AND OPERATED;
   50    (E) AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE  OWNER-
   51  SHIP,  CONTROL  AND OPERATION WERE RELIED UPON FOR CERTIFICATION, WITH A
   52  PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU-
   53  SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
   54  ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR;
   55    (F) AN ENTERPRISE THAT IS A SMALL  BUSINESS  PURSUANT  TO  SUBDIVISION
   56  FIVE OF THIS SECTION; AND

       S. 3038                             3

    1    (G)  CERTIFIED  PURSUANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED
    2  SIXTY-NINE-B OF THIS ARTICLE.
    3    S 369-A. OPPORTUNITIES FOR CERTIFIED SERVICE-CONNECTED DISABLED VETER-
    4  AN-OWNED  BUSINESS  ENTERPRISES.    1. CONTRACT PREFERENCES. EACH AGENCY
    5  SHALL PROVIDE THE OPPORTUNITY FOR CERTIFIED  SERVICE-CONNECTED  DISABLED
    6  VETERAN-OWNED  BUSINESS  ENTERPRISES  TO MAXIMIZE THEIR PARTICIPATION IN
    7  THE PERFORMANCE OF STATE CONTRACTS. A BID BY A  SERVICE-CONNECTED  DISA-
    8  BLED  VETERAN-OWNED  BUSINESS  ENTERPRISE SHALL BE TREATED AS THE LOWEST
    9  BID IN A COMPETITIVE PROCESS FOR A COMMODITY IF IT  COST  NO  MORE  THAN
   10  FIFTEEN PERCENT HIGHER THAN THE LOWEST BID AND FOR SERVICES, IF THE COST
   11  COMPONENT IS NO MORE THAN FIFTEEN PERCENT HIGHER THAN THE COST COMPONENT
   12  OF  THE  HIGHEST SCORING BID, THESE COMPONENTS SHALL BE TREATED AS EQUAL
   13  FOR PURPOSES OF COMPETITIVE SCORING.
   14    2. DUTIES OF AGENCIES. IN ORDER TO IMPLEMENT THE PROVISIONS AND POLICY
   15  ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AGENCIES SHALL:
   16    (A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND  POLICY  ESTAB-
   17  LISHED  IN  SUBDIVISION  ONE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
   18  SUCH STRATEGY;
   19    (B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, POST SUCH  STRATEGY
   20  UPON  THE  WEBSITE  OF SUCH AGENCY, AND REPORT ANNUALLY TO THE GOVERNOR,
   21  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE  ASSEMBLY,
   22  ON THE IMPLEMENTATION OF THE AGENCY'S STRATEGY;
   23    (C)  DESIGNATE A SENIOR-LEVEL OFFICIAL WITHIN SUCH AGENCY WHO SHALL BE
   24  RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING THE AGENCY'S STRATEGY; AND
   25    (D) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
   26    (I)  ENCOURAGING   AND   FACILITATING   PARTICIPATION   BY   CERTIFIED
   27  SERVICE-CONNECTED  DISABLED VETERAN-OWNED BUSINESS ENTERPRISES IN COMPE-
   28  TITIONS FOR AWARD OF AGENCY CONTRACTS;
   29    (II) ENCOURAGING AGENCY  CONTRACTORS  TO  SUBCONTRACT  WITH  CERTIFIED
   30  SERVICE-CONNECTED   DISABLED   VETERAN-OWNED  BUSINESS  ENTERPRISES  AND
   31  ACTIVELY MONITORING AND EVALUATING AGENCY CONTRACTOR'S EFFORTS TO DO SO;
   32    (III) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES  RELAT-
   33  ING   TO   PARTICIPATION   OF   CERTIFIED   SERVICE-CONNECTED   DISABLED
   34  VETERAN-OWNED BUSINESS ENTERPRISES IN STATE CONTRACTING; AND
   35    (IV) DISSEMINATING INFORMATION TO CERTIFIED SERVICE-CONNECTED DISABLED
   36  VETERAN-OWNED BUSINESS ENTERPRISES THAT WOULD ASSIST THESE BUSINESSES IN
   37  PARTICIPATING IN AWARDS OF AGENCY CONTRACTS.
   38    3. CERTIFICATION.  (A) THE DEPUTY COMMISSIONER RESPONSIBLE FOR HEADING
   39  THE DIVISION FOR SMALL BUSINESS WITHIN THE DEPARTMENT OF ECONOMIC DEVEL-
   40  OPMENT, AS ESTABLISHED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE
   41  ECONOMIC DEVELOPMENT LAW SHALL PROMULGATE RULES AND REGULATIONS  PROVID-
   42  ING FOR THE ESTABLISHMENT OF A STATEWIDE CERTIFICATION PROGRAM INCLUDING
   43  RULES  AND  REGULATIONS GOVERNING THE APPROVAL, DENIAL, OR REVOCATION OF
   44  ANY SUCH CERTIFICATION. SUCH RULES AND REGULATIONS  SHALL  INCLUDE,  BUT
   45  NOT  BE  LIMITED  TO, SUCH MATTERS AS MAY BE REQUIRED TO ENSURE THAT THE
   46  ESTABLISHED PROCEDURES THEREUNDER SHALL AT LEAST BE IN  COMPLIANCE  WITH
   47  THE  CODE  OF  FAIR  PROCEDURE SET FORTH IN SECTION SEVENTY-THREE OF THE
   48  CIVIL RIGHTS LAW.
   49    (B) THE DIVISION FOR SMALL BUSINESS SHALL BE RESPONSIBLE FOR VERIFYING
   50  BUSINESSES AS BEING OWNED, OPERATED, AND CONTROLLED  BY  A  SERVICE-CON-
   51  NECTED  DISABLED  VETERAN  AND  FOR CERTIFYING SUCH VERIFIED BUSINESSES.
   52  STATUS AS A SERVICE-CONNECTED DISABLED VETERAN SHALL BE DOCUMENTED BY  A
   53  COPY  OF  THE  VETERAN'S CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE
   54  DUTY ALSO KNOWN AS A DD-214 FORM OR  AN  HONORABLE  SERVICE  CERTIFICATE
   55  REPORT  OF CAUSALITY FROM THE DEPARTMENT OF DEFENSE, A LETTER OF CERTIF-
   56  ICATION BY THE UNITED STATES  DEPARTMENT  OF  VETERANS  AFFAIRS  OR  THE

       S. 3038                             4

    1  UNITED  STATES DEPARTMENT OF DEFENSE AND ANY ADDITIONAL INFORMATION THAT
    2  MAY BE REQUIRED BY THE DIVISION FOR SMALL BUSINESS. THE  DEPUTY  COMMIS-
    3  SIONER  OF  THE DIVISION FOR SMALL BUSINESS SHALL PREPARE A DIRECTORY OF
    4  CERTIFIED  SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
    5  FOR USE BY AGENCIES IN CARRYING OUT THE PROVISIONS OF THIS SECTION. SUCH
    6  DIRECTORY SHALL BE PUBLICLY  POSTED  ON  THE  EMPIRE  STATE  DEVELOPMENT
    7  CORPORATION  WEBSITE.  THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL
    8  BUSINESS SHALL PERIODICALLY UPDATE THE DIRECTORY.
    9    (C) FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS  SECTION,
   10  THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE
   11  THE  APPLICANT  WITH  WRITTEN  NOTICE  OF THE STATUS OF THE APPLICATION,
   12  INCLUDING NOTICE OF ANY OUTSTANDING DEFICIENCIES,  WITHIN  THIRTY  DAYS.
   13  WITHIN  SIXTY  DAYS  OF SUBMISSION OF A FINAL COMPLETED APPLICATION, THE
   14  DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE THE
   15  APPLICANT WITH WRITTEN NOTICE OF A DETERMINATION BY THE  DEPUTY  COMMIS-
   16  SIONER  OF  THE  DIVISION  FOR  SMALL BUSINESS APPROVING OR DENYING SUCH
   17  CERTIFICATION AND, IN THE EVENT OF A DENIAL, A STATEMENT  SETTING  FORTH
   18  THE  REASONS  FOR  SUCH DENIAL. UPON A DETERMINATION DENYING OR REVOKING
   19  CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION HAS  BEEN
   20  SO DENIED OR REVOKED SHALL, UPON WRITTEN REQUEST MADE WITHIN THIRTY DAYS
   21  FROM  RECEIPT  OF NOTICE OF SUCH DETERMINATION, BE ENTITLED TO A HEARING
   22  BEFORE AN INDEPENDENT HEARING OFFICER DESIGNATED FOR SUCH PURPOSE BY THE
   23  DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.   IN  THE  EVENT
   24  THAT  A REQUEST FOR A HEARING IS NOT MADE WITHIN SUCH THIRTY DAY PERIOD,
   25  SUCH DETERMINATION SHALL BE DEEMED TO BE FINAL. THE INDEPENDENT  HEARING
   26  OFFICER SHALL CONDUCT A HEARING AND UPON THE CONCLUSION OF SUCH HEARING,
   27  ISSUE  A  WRITTEN RECOMMENDATION TO THE DEPUTY COMMISSIONER OF THE DIVI-
   28  SION FOR SMALL BUSINESS TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMINATION
   29  OF THE DEPUTY COMMISSIONER OF THE  DIVISION  FOR  SMALL  BUSINESS.  SUCH
   30  WRITTEN  RECOMMENDATION  SHALL  BE  ISSUED  TO  THE  PARTIES. THE DEPUTY
   31  COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS, WITHIN THIRTY DAYS,  BY
   32  ORDER,  MUST ACCEPT, REJECT OR MODIFY SUCH RECOMMENDATION OF THE HEARING
   33  OFFICER AND SET FORTH IN WRITING THE REASON THEREFOR. THE DEPUTY COMMIS-
   34  SIONER OF THE DIVISION FOR SMALL BUSINESS SHALL SERVE  A  COPY  OF  SUCH
   35  ORDER  AND  REASONS  THEREFOR  UPON  THE BUSINESS ENTERPRISE BY PERSONAL
   36  SERVICE OR BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. THE ORDER OF  THE
   37  DEPUTY  COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL BE SUBJECT
   38  TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW
   39  AND RULES.
   40    (D) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
   41    4.  DUTIES  OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
   42  THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL:
   43    (A) DESIGNATE AN APPROPRIATE ENTITY  WITHIN  THE  DIVISION  FOR  SMALL
   44  BUSINESS  THAT  SHALL,  IN  CONSULTATION  WITH THE DIVISION OF VETERANS'
   45  AFFAIRS, PROVIDE TO CERTIFIED SERVICE-CONNECTED  DISABLED  VETERAN-OWNED
   46  BUSINESS ENTERPRISES INFORMATION AND ASSISTANCE CONCERNING PARTICIPATION
   47  IN STATE CONTRACTING;
   48    (B)  ADVISE AND ASSIST AGENCIES IN THEIR IMPLEMENTATION OF SUBDIVISION
   49  ONE OF THIS SECTION; AND
   50    (C)   MAKE   AVAILABLE   TO   CERTIFIED   SERVICE-CONNECTED   DISABLED
   51  VETERAN-OWNED  BUSINESS  ENTERPRISES  TRAINING IN STATE CONTRACTING LAW,
   52  PROCEDURES, AND PRACTICES THAT WOULD ASSIST SUCH BUSINESSES  IN  PARTIC-
   53  IPATING  IN  STATE  CONTRACTING  AND MAKE THIS TRAINING AVAILABLE ONLINE
   54  THROUGH A CONTINUOUS LEARNING PROGRAM.
   55    S 369-B. OPPORTUNITIES FOR  CERTIFIED  VETERAN-OWNED  BUSINESS  ENTER-
   56  PRISES.  1. CONTRACT PREFERENCES. EACH AGENCY SHALL PROVIDE THE OPPORTU-

       S. 3038                             5

    1  NITY  FOR CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES TO MAXIMIZE THEIR
    2  PARTICIPATION IN THE PERFORMANCE OF STATE CONTRACTS. A BID BY  A  VETER-
    3  AN-OWNED  BUSINESS  ENTERPRISE  SHALL  BE TREATED AS THE LOWEST BID IN A
    4  COMPETITIVE  PROCESS FOR A COMMODITY IF IT COST NO MORE THAN TEN PERCENT
    5  HIGHER THAN THE LOWEST BID AND FOR SERVICES, IF THE COST COMPONENT IS NO
    6  MORE THAN TEN PERCENT HIGHER THAN THE  COST  COMPONENT  OF  THE  HIGHEST
    7  SCORING  BID, THESE COMPONENTS SHALL BE TREATED AS EQUAL FOR PURPOSES OF
    8  COMPETITIVE SCORING.
    9    2. DUTIES OF AGENCIES. IN ORDER TO IMPLEMENT THE PROVISIONS AND POLICY
   10  ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AGENCIES SHALL:
   11    (A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND  POLICY  ESTAB-
   12  LISHED  IN  SUBDIVISION  ONE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
   13  SUCH STRATEGY;
   14    (B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, HAVE SUCH  STRATEGY
   15  POSTED  UPON  THE  WEBSITE  OF  SUCH  AGENCY, AND REPORT ANNUALLY TO THE
   16  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE
   17  ASSEMBLY ON THE IMPLEMENTATION OF THE AGENCY'S STRATEGY;
   18    (C)  DESIGNATE A SENIOR-LEVEL OFFICIAL WITHIN SUCH AGENCY WHO SHALL BE
   19  RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING THE AGENCY'S STRATEGY; AND
   20    (D) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
   21    (I)  ENCOURAGING   AND   FACILITATING   PARTICIPATION   BY   CERTIFIED
   22  VETERAN-OWNED  BUSINESS  ENTERPRISES IN COMPETITIONS FOR AWARD OF AGENCY
   23  CONTRACTS;
   24    (II) ENCOURAGING AGENCY  CONTRACTORS  TO  SUBCONTRACT  WITH  CERTIFIED
   25  VETERAN-OWNED  BUSINESS ENTERPRISES AND ACTIVELY MONITORING AND EVALUAT-
   26  ING AGENCY CONTRACTOR'S EFFORTS TO DO SO;
   27    (III) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES  RELAT-
   28  ING  TO PARTICIPATION OF CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES IN
   29  STATE CONTRACTING; AND
   30    (IV) DISSEMINATING INFORMATION  TO  CERTIFIED  VETERAN-OWNED  BUSINESS
   31  ENTERPRISES  THAT  WOULD  ASSIST  THESE  BUSINESSES  IN PARTICIPATING IN
   32  AWARDS OF AGENCY CONTRACTS.
   33    3. CERTIFICATION. (A) THE DEPUTY COMMISSIONER RESPONSIBLE FOR  HEADING
   34  THE DIVISION FOR SMALL BUSINESS WITHIN THE DEPARTMENT OF ECONOMIC DEVEL-
   35  OPMENT, AS ESTABLISHED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE
   36  ECONOMIC  DEVELOPMENT LAW SHALL PROMULGATE RULES AND REGULATIONS PROVID-
   37  ING FOR THE ESTABLISHMENT OF A STATEWIDE CERTIFICATION PROGRAM INCLUDING
   38  RULES AND REGULATIONS GOVERNING THE APPROVAL, DENIAL, OR  REVOCATION  OF
   39  ANY  SUCH  CERTIFICATION.  SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT
   40  NOT BE LIMITED TO, SUCH MATTERS AS MAY BE REQUIRED TO  ENSURE  THAT  THE
   41  ESTABLISHED  PROCEDURES  THEREUNDER SHALL AT LEAST BE IN COMPLIANCE WITH
   42  THE CODE OF FAIR PROCEDURE SET FORTH IN  SECTION  SEVENTY-THREE  OF  THE
   43  CIVIL RIGHTS LAW.
   44    (B) THE DIVISION FOR SMALL BUSINESS SHALL BE RESPONSIBLE FOR VERIFYING
   45  BUSINESSES AS BEING OWNED, OPERATED, AND CONTROLLED BY A VETERAN AND FOR
   46  CERTIFYING  SUCH VERIFIED BUSINESSES. STATUS AS A VETERAN SHALL BE DOCU-
   47  MENTED BY A COPY OF THE VETERAN'S CERTIFICATE OF  RELEASE  OR  DISCHARGE
   48  FROM  ACTIVE  DUTY  ALSO  KNOWN AS A DD-214 FORM OR AN HONORABLE SERVICE
   49  CERTIFICATE REPORT OF CAUSALITY FROM THE DEPARTMENT OF DEFENSE, A LETTER
   50  OF CERTIFICATION BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS  OR
   51  THE  UNITED  STATES DEPARTMENT OF DEFENSE AND ANY ADDITIONAL INFORMATION
   52  THAT MAY BE REQUIRED BY THE DIVISION  FOR  SMALL  BUSINESS.  THE  DEPUTY
   53  COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PREPARE A DIRECTO-
   54  RY  OF  CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES FOR USE BY AGENCIES
   55  IN CARRYING OUT THE PROVISIONS OF THIS SECTION.  SUCH DIRECTORY SHALL BE
   56  PUBLICLY POSTED ON THE EMPIRE STATE DEVELOPMENT CORPORATION WEBSITE. THE

       S. 3038                             6

    1  DEPUTY COMMISSIONER OF THE DIVISION FOR  SMALL  BUSINESS  SHALL  PERIOD-
    2  ICALLY UPDATE THE DIRECTORY.
    3    (C)  FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS SECTION,
    4  THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE
    5  THE APPLICANT WITH WRITTEN NOTICE OF  THE  STATUS  OF  THE  APPLICATION,
    6  INCLUDING  NOTICE  OF  ANY OUTSTANDING DEFICIENCIES, WITHIN THIRTY DAYS.
    7  WITHIN SIXTY DAYS OF SUBMISSION OF A FINAL  COMPLETED  APPLICATION,  THE
    8  DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE THE
    9  APPLICANT  WITH  WRITTEN NOTICE OF A DETERMINATION BY THE DEPUTY COMMIS-
   10  SIONER OF THE DIVISION FOR SMALL  BUSINESS  APPROVING  OR  DENYING  SUCH
   11  CERTIFICATION  AND,  IN THE EVENT OF A DENIAL, A STATEMENT SETTING FORTH
   12  THE REASONS FOR SUCH DENIAL. UPON A DETERMINATION  DENYING  OR  REVOKING
   13  CERTIFICATION,  THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION HAS BEEN
   14  SO DENIED OR REVOKED SHALL, UPON WRITTEN REQUEST MADE WITHIN THIRTY DAYS
   15  FROM RECEIPT OF NOTICE OF SUCH DETERMINATION, BE ENTITLED TO  A  HEARING
   16  BEFORE AN INDEPENDENT HEARING OFFICER DESIGNATED FOR SUCH PURPOSE BY THE
   17  DEPUTY  COMMISSIONER  OF  THE  DIVISION FOR SMALL BUSINESS. IN THE EVENT
   18  THAT A REQUEST FOR A HEARING IS NOT MADE WITHIN SUCH THIRTY DAY  PERIOD,
   19  SUCH DETERMINATION SHALL BE DEEMED TO BE FINAL.  THE INDEPENDENT HEARING
   20  OFFICER SHALL CONDUCT A HEARING AND UPON THE CONCLUSION OF SUCH HEARING,
   21  ISSUE  A  WRITTEN RECOMMENDATION TO THE DEPUTY COMMISSIONER OF THE DIVI-
   22  SION FOR SMALL BUSINESS TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMINATION
   23  OF THE DEPUTY COMMISSIONER OF THE  DIVISION  FOR  SMALL  BUSINESS.  SUCH
   24  WRITTEN  RECOMMENDATION  SHALL  BE  ISSUED  TO  THE  PARTIES. THE DEPUTY
   25  COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS, WITHIN THIRTY DAYS,  BY
   26  ORDER,  MUST ACCEPT, REJECT OR MODIFY SUCH RECOMMENDATION OF THE HEARING
   27  OFFICER AND SET FORTH  IN  WRITING  THE  REASONS  THEREFOR.  THE  DEPUTY
   28  COMMISSIONER  OF  THE  DIVISION FOR SMALL BUSINESS SHALL SERVE A COPY OF
   29  SUCH ORDER AND REASONS THEREFOR UPON THE BUSINESS ENTERPRISE BY PERSONAL
   30  SERVICE OR BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. THE ORDER OF  THE
   31  DEPUTY  COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL BE SUBJECT
   32  TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW
   33  AND RULES.
   34    (D) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
   35    4.  DUTIES  OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
   36  THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL:
   37    (A) DESIGNATE AN APPROPRIATE ENTITY  WITHIN  THE  DIVISION  FOR  SMALL
   38  BUSINESS  THAT  SHALL,  IN  CONSULTATION  WITH THE DIVISION OF VETERANS'
   39  AFFAIRS, PROVIDE TO VETERAN-OWNED BUSINESS ENTERPRISES  INFORMATION  AND
   40  ASSISTANCE CONCERNING PARTICIPATION IN STATE CONTRACTING;
   41    (B)  ADVISE AND ASSIST AGENCIES IN THEIR IMPLEMENTATION OF SUBDIVISION
   42  ONE OF THIS SECTION; AND
   43    (C) MAKE AVAILABLE TO VETERAN-OWNED BUSINESS ENTERPRISES  TRAINING  IN
   44  STATE  CONTRACTING LAW, PROCEDURES, AND PRACTICES THAT WOULD ASSIST SUCH
   45  BUSINESSES IN PARTICIPATING IN STATE CONTRACTING AND MAKE THIS  TRAINING
   46  AVAILABLE ONLINE THROUGH A CONTINUOUS LEARNING PROGRAM.
   47    S  369-C. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
   48  PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
   49  DICTION  TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
   50  DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN  ITS  OPERATION  TO
   51  THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECT-
   52  LY  INVOLVED  IN  THE  CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN
   53  RENDERED.
   54    S 2. This act shall take effect on the one hundred eightieth day after
   55  it shall have become a law.