Requires certain state contracts to include a provision stating all services performed under such contract shall be performed within the United States.

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S1557-2013 Actions

• Jan 9, 2013: REFERRED TO HIGHER EDUCATION

S1557-2013 Memo

BILL NUMBER:S1557

TITLE OF BILL:
An act
to amend the education
law, in relation to the performance of certain state
contracts

SUMMARY OF PROVISIONS:
Adds a new section to state that state contracts shall be required to
include a provision stating all services performed under such
contract or any subcontract shall be performed within the United States.

Subdivision 2 allows that when a service is required and cannot be
provided in the United States, these provisions shall not apply.

Subdivision 3 states that the comptroller shall review all existing
state contracts that have not been completed or terminated and
determine
whether the services are being performed in the United States.
Within one year the comptroller's findings shall be made available
to the Governor, Senate, Assembly and the general public.

Subdivision 4 gives the definition of state contract and defining
contracting agency which means department of education, state university
of New York, community colleges and city university of New York.

Section 2 is the effective date.

JUSTIFICATION:
One of the most dangerous issues facing our nations workforce is that
of the outsourcing of services to foreign countries. New York
state should not be outsourcing to foreign businesses
services and that can be performed in this country by the world's best
workforce. This legislation would help retain jobs as well as
keep additional revenue within this country.

LEGISLATIVE HISTORY:
2011-12 S.3147; 2009-2010 S.2048; 2007-08, S.4077; 2005-2006, S.5533.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law and shall apply to all state contracts entered into on
or after such effective date.

S1557-2013 Text

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

                                    1557

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced by Sens. LAVALLE, GRISANTI, LARKIN, MAZIARZ -- read twice and
    ordered  printed, and when printed to be committed to the Committee on
    Higher Education

  AN ACT to amend the education law, in relation  to  the  performance  of
    certain state contracts

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The education law is amended by adding a new section  237-a
  to read as follows:

    S  237-A.  REQUIRES  CERTAIN SERVICES UNDER STATE CONTRACTS OR SUBCON-
  TRACTS BE PERFORMED WITHIN THE UNITED STATES. 1. STATE  CONTRACTS  SHALL
  BE  REQUIRED TO INCLUDE A PROVISION STATING ALL SERVICES PERFORMED UNDER
  SUCH CONTRACT OR ANY SUBCONTRACT AWARDED UNDER SUCH  CONTRACT  SHALL  BE
  PERFORMED WITHIN THE UNITED STATES.
    2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
  WHEN THE COMMISSIONER, IN CONSULTATION WITH THE CHANCELLOR OF THE  STATE
  UNIVERSITY  OF NEW YORK AND THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE
  CITY UNIVERSITY OF NEW YORK, CERTIFIES  IN  WRITING  A  FINDING  THAT  A
  SERVICE IS REQUIRED BY A CONTRACTING AGENCY THAT CANNOT BE PROVIDED BY A
  CONTRACTOR  OR  SUBCONTRACTOR  WITHIN THE UNITED STATES AND SUCH CERTIF-
  ICATION IS APPROVED BY THE COMPTROLLER.
    3. THE COMPTROLLER SHALL REVIEW ALL EXISTING STATE CONTRACTS THAT HAVE
  NOT BEEN COMPLETED OR TERMINATED AND DETERMINE IF  ANY  OR  ALL  OF  THE
  SERVICES  PERFORMED  BY  THE  CONTRACTOR AND ANY SUBCONTRACTOR ARE BEING
  PERFORMED OUTSIDE OF THE UNITED STATES. WITHIN ONE YEAR OF THE EFFECTIVE
  DATE OF THIS SECTION, THE COMPTROLLER'S FINDINGS UNDER THIS  SUBDIVISION
  SHALL BE REPORTED IN WRITING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
  THE  SENATE AND THE SPEAKER OF THE ASSEMBLY, AND SHALL BE MADE AVAILABLE
  TO THE GENERAL PUBLIC.
    4. FOR THE PURPOSES OF THIS SECTION:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03800-01-3

 S. 1557                             2

     (A) "STATE CONTRACT" MEANS A  WRITTEN  AGREEMENT  OR  PURCHASE  ORDER
  INSTRUMENT,  PROVIDING  FOR A TOTAL EXPENDITURE IN EXCESS OF TWO HUNDRED
  FIFTY THOUSAND DOLLARS, WHEREBY A CONTRACTING  AGENCY  IS  COMMITTED  TO
  EXPEND  OR  DOES  EXPEND  FUNDS  IN  RETURN FOR LABOR AND SERVICES TO BE
  PERFORMED FOR, OR RENDERED OR FURNISHED TO THE CONTRACTING AGENCY.
    (B)  "CONTRACTING  AGENCY" MEANS THE STATE UNIVERSITY OF NEW YORK, THE
  CITY UNIVERSITY OF NEW YORK, COMMUNITY COLLEGES AND THE DEPARTMENT.
    S 2. This act shall take effect on the ninetieth day  after  it  shall
  have become a law and shall apply to all state contracts entered into on
  or after such effective date.