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A03244 Summary:

BILL NOA03244
 
SAME ASSAME AS S06025
 
SPONSOREpstein
 
COSPNSRBurke, Ramos, Reyes
 
MLTSPNSRWoerner
 
Amd §163, St Fin L
 
Requires consideration as a quantitative factor whether the commodities or services were manufactured or will be performed by a labor union with respect to the awarding of certain procurement contracts.
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A03244 Actions:

BILL NOA03244
 
02/02/2023referred to governmental operations
01/03/2024referred to governmental operations
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A03244 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3244
 
SPONSOR: Epstein
  TITLE OF BILL: An act to amend the state finance law, in relation to requiring consid- eration of union made commodities and services in the awarding of certain procurement contracts   PURPOSE: To require that union made commodities and services are considered in state procurement contracts.   SUMMARY OF PROVISIONS: Section 1 amends paragraph j of subdivision 1 of section 163 of the state finance law as amended by chapter 569 of the laws of 2015 to include commodities or services manufactured or performed by members of labor organizations in the basis for awarding contracts. Section 2 amends paragraph j of subdivision 1 of section 163 of the state finance law as amended by section 28 of part P of chapter 56 of the laws of 2022 to include commodities or services manufactured or performed by members of labor organizations in the basis for awarding contracts. Section 3 sets the effective date.   JUSTIFICATION: Labor unions encourage the fair pay and treatment of employees who have less wealth and power than their employers. Unions protect working people by ensuring that they are able to negotiate for better pay and working conditions through collective bargaining. Goods and services produced by labor unions are produced by employees that are fairly treated, and are empowered to make collective bargaining decisions. In keeping with New York values, and honoring the fact that New York State was a breeding ground for unions in the beginning of the labor movement, the state should give consideration to goods and services produced by labor, unions in state procurement contracts.   FISCAL IMPACT: TBD   LEGISLATIVE HISTORY: New bill.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
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A03244 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3244
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend the state finance law, in relation to requiring  consid-
          eration  of  union  made  commodities  and services in the awarding of
          certain procurement contracts

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  j of subdivision 1 of section 163 of the state
     2  finance law, as  amended by chapter 569 of the laws of 2015, is  amended
     3  to read as follows:
     4    j. "Best value" means the basis for awarding contracts for services to
     5  the  offerer which optimizes quality, cost and efficiency, among respon-
     6  sive and responsible offerers. Such basis shall reflect, wherever possi-
     7  ble, objective and quantifiable analysis. Such basis may also identify a
     8  quantitative factor for offerers that are  small  businesses,  certified
     9  minority- or women-owned business enterprises as defined in subdivisions
    10  one, seven, fifteen and twenty of section three hundred ten of the exec-
    11  utive  law  or  service-disabled  veteran-owned  business enterprises as
    12  defined in subdivision one of section three hundred sixty-nine-h of  the
    13  executive  law  to  be  used  in  evaluation  of  offers for awarding of
    14  contracts for services.  Such basis shall also identify as  a  quantita-
    15  tive  factor  whether  the commodities or services offered were manufac-
    16  tured by or will be performed by members  of  a  labor  organization  as
    17  defined in section two hundred ninety-two of the executive law.
    18    §  2. Paragraph j of subdivision 1 of section 163 of the state finance
    19  law, as amended by section 28 of part  PP of chapter 56 of the  laws  of
    20  2022, is amended to read as follows:
    21    j. "Best value" means the basis for awarding contracts for services to
    22  the  offerer which optimizes quality, cost and efficiency, among respon-
    23  sive and responsible offerers. Such basis shall reflect, wherever possi-
    24  ble, objective and quantifiable analysis. Such basis may also identify a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04734-01-3

        A. 3244                             2
 
     1  quantitative factor for offerers that are  small  businesses,  certified
     2  minority- or women-owned business enterprises as defined in subdivisions
     3  one, seven, fifteen and twenty of section three hundred ten of the exec-
     4  utive  law  or  service-disabled  veteran-owned  business enterprises as
     5  defined in subdivision one of section forty of  the  veterans'  services
     6  law  to  be  used  in evaluation of offers for awarding of contracts for
     7  services.   Such basis shall also  identify  as  a  quantitative  factor
     8  whether the commodities or services offered were manufactured by or will
     9  be  performed  by  members of a labor organization as defined in section
    10  two hundred ninety-two of the executive law.
    11    § 3. This act shall take effect on the thirtieth day  after  it  shall
    12  have become a law; provided, however, that the amendments to paragraph j
    13  of subdivision 1 of section 163 of the state finance law made by section
    14  two  of  this  act  shall  take  effect on the same date and in the same
    15  manner as part PP of chapter 56 of the laws of 2022, takes  effect;  and
    16  provided  further that the amendments to paragraph j of subdivision 1 of
    17  section 163 of the state finance law made by sections  one  and  two  of
    18  this act shall not affect the repeal of such section and shall be deemed
    19  to be repealed therewith.
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