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A06595 Summary:

BILL NOA06595
 
SAME ASSAME AS S05405
 
SPONSORRozic
 
COSPNSRBichotte, Mayer
 
MLTSPNSR
 
Add 165-b, St Fin L; add 423-d, R & SS L
 
Relates to purchasing restrictions and investment of certain public funds in persons that contract to build a border wall; requires the commissioner to develop and publish, using credible information available to the public, a list of persons determined by the commissioner, that have contracted to build a border wall.
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A06595 Actions:

BILL NOA06595
 
03/09/2017referred to governmental operations
01/03/2018referred to governmental operations
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A06595 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6595
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 9, 2017
                                       ___________
 
        Introduced  by M. of A. ROZIC, BICHOTTE, MAYER -- read once and referred
          to the Committee on Governmental Operations
 
        AN ACT to amend  the  state  finance  law,  in  relation  to  purchasing
          restrictions on persons that contract to build a border wall; to amend
          the  retirement and social security law, in relation to the investment
          of certain public funds in persons that contract  to  build  a  border
          wall;  and providing for the repeal of such provisions upon expiration
          thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  state finance law is amended by adding a new section
     2  165-b to read as follows:
     3    § 165-b. Purchasing restrictions; persons that  contract  to  build  a
     4  border wall. 1. As used in this section, the following definitions shall
     5  apply:
     6    (a)  "contracts  to  build  a  border wall" shall mean entering into a
     7  contract with the federal government for the purposes of building a wall
     8  along the border of Mexico and the United States of America.
     9    (b) "person" shall  mean  any  natural  person,  corporation,  limited
    10  liability  company,  unincorporated  association or any other nongovern-
    11  mental entity,  organization,  or  group,  or  any  successor,  subunit,
    12  parent, or subsidiary of the same.
    13    2.  (a)  Any  person  that is identified on a list created pursuant to
    14  paragraph (b) of this subdivision as a person that contracts to build  a
    15  border  wall,  as  defined  in  paragraph (a) of subdivision one of this
    16  section, shall not be deemed a responsive bidder or offerer, pursuant to
    17  section one hundred sixty-three of this article.
    18    (b) Not later than ninety  days  after  the  effective  date  of  this
    19  section,  and  then  annually thereafter, the commissioner shall develop
    20  and publish, using credible information available to the public, a  list
    21  of persons determined by the commissioner, that have contracted to build
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06521-01-7

        A. 6595                             2
 
     1  a  border wall. Such list, when developed and published, shall be posted
     2  on the website of the office of general services.
     3    (c)  In the event a person included by the commissioner on the list to
     4  be developed and published in accordance  with  paragraph  (b)  of  this
     5  subdivision,  demonstrates  to  the  commissioner  that  such person has
     6  permanently ceased contracting to build a  border  wall,  or  obtains  a
     7  court  order from a supreme court that such person shall be removed from
     8  such list due to the court's determination that such person  has  perma-
     9  nently  ceased contracting to build a border wall, then the commissioner
    10  shall remove such person from such list so developed  and  published  in
    11  accordance with paragraph (b) of this subdivision.
    12    (d)  Prior  to  the  final  development  and  publication  of the list
    13  required to be produced pursuant to paragraph (b) of  this  subdivision,
    14  the  commissioner  shall  provide  written  notice  of all persons to be
    15  included on the list, of the commissioner's intent to  so  include  such
    16  person  on such list, together with written notice informing such person
    17  that inclusion on such list would  make  such  person  a  non-responsive
    18  bidder  or  offerer, and that such person may apply to the commissioner,
    19  or to a supreme court, to be removed from  such  list  pursuant  to  the
    20  requirements of paragraph (c) of this subdivision.
    21    (e)  Notwithstanding paragraph (a) of this subdivision, a state agency
    22  may permit a person contracting to build a border wall to  be  deemed  a
    23  responsive bidder or offerer, on a case-by-case basis with a state agen-
    24  cy if:
    25    (i)  the  contracting  to  build  a  border wall occurred prior to the
    26  effective date of this section, such activities have not  been  expanded
    27  or  renewed after the effective date of this section, and the person has
    28  adopted,  publicized,  and  is  implementing  a  formal  plan  to  cease
    29  contracting  to  build a border wall and to refrain from engaging in any
    30  new contracting to build a border wall; or
    31    (ii) the state agency makes a formal, written determination  that  the
    32  commodities  or  services  offered  by  the  person  named  on this list
    33  produced by the commissioner pursuant to paragraph (b) of this  subdivi-
    34  sion,  are  necessary  for the state agency to perform its functions and
    35  that, absent such an exemption, the state  agency  would  be  unable  to
    36  obtain the commodities or services for which the contract is offered.
    37    3.  (a)  A state agency shall require all persons that submit a bid or
    38  offer in response to a notice of procurement, or that propose  to  renew
    39  an  existing procurement contract, or that propose to assume the respon-
    40  sibility of a contractor pursuant to a procurement contract,  or  other-
    41  wise  propose  to enter into a contract with a state agency with respect
    42  to a contract for  commodities,  services,  construction,  or  contracts
    43  entered  into  pursuant  to section eight of the public buildings law or
    44  section thirty-eight of the highway law, to certify, at the time the bid
    45  is submitted, or the contract is renewed or assigned, that the person or
    46  the assignee is not identified  on  the  list  developed  and  published
    47  pursuant  to  paragraph  (b) of subdivision two of this section, and all
    48  state agencies shall  include  such  certification  information  in  the
    49  procurement record.
    50    (b)  All persons that submit a bid or offer in response to a notice of
    51  procurement, or that propose to renew an existing  procurement  contract
    52  with  a  state agency, or that propose to assume the responsibility of a
    53  contractor pursuant to a procurement contract with a  state  agency,  or
    54  otherwise  propose  to  enter  into  a contract with a state agency with
    55  respect to  a  contract  for  commodities,  services,  construction,  or
    56  contracts entered into pursuant to section eight of the public buildings

        A. 6595                             3

     1  law  or section thirty-eight of the highway law, shall certify that they
     2  have not contracted to build a border wall, and that they are not  iden-
     3  tified  on the list developed and published pursuant to paragraph (b) of
     4  subdivision two of this section.
     5    4.  Upon  receiving information that a person who has made the certif-
     6  ication required by subdivision three of this section, is, in  fact,  in
     7  violation  of  such  certification,  the  state agency shall review such
     8  information, notify such person and offer them an opportunity to respond
     9  to such information, within thirty days of  such  notice,  and  if  such
    10  person fails to demonstrate that they have ceased contracting to build a
    11  border  wall,  then,  the  state agency shall take such action as may be
    12  appropriate and provided for by law, rule or  contract,  including,  but
    13  not limited to, notifying the commissioner of such person's contracts to
    14  build  a border wall, imposing sanctions, seeking compliance, recovering
    15  damages, and/or declaring such person in default.
    16    5. On or before December fifteenth, two thousand seventeen, and  every
    17  year  thereafter, the commissioner shall issue a report to the governor,
    18  the comptroller, the temporary president of the senate, and the  speaker
    19  of  the assembly, on all the actions taken, and all determinations made,
    20  by the commissioner pursuant to this section, and any and all  rules  or
    21  regulations adopted.
    22    § 2. The retirement and social security law is amended by adding a new
    23  section 423-d to read as follows:
    24    §  423-d. Prohibition on investment of certain public funds in persons
    25  that contract to build a border wall. 1. As used in  this  section,  the
    26  following definitions shall apply:
    27    (a)  "contracts  to  build  a  border wall" shall mean entering into a
    28  contract with the federal government for the purposes of building a wall
    29  along the border of Mexico and the United States of America.
    30    (b) "person" shall  mean  any  natural  person,  corporation,  limited
    31  liability  company,  unincorporated  association or any other nongovern-
    32  mental entity,  organization,  or  group,  or  any  successor,  subunit,
    33  parent, or subsidiary of the same.
    34    2.  (a)  Any person that is identified on the list created pursuant to
    35  paragraph (b) of subdivision two of section one hundred sixty-five-b  of
    36  the  state  finance  law,  as  being  a person that contracts to build a
    37  border wall, shall not be eligible to receive investment of  any  moneys
    38  or  assets  of  the  common retirement fund in any stocks, securities or
    39  other obligations of such person so identified on  such  list  developed
    40  and published by the commissioner of general services.
    41    (b) Notwithstanding any provision of law to the contrary, no assets of
    42  any  pension  or annuity fund under the jurisdiction of the comptroller,
    43  shall further be invested in any bank  or  financial  institution  which
    44  directly,  or through a parent or subsidiary contracts to build a border
    45  wall and no such assets shall otherwise be invested in the stocks, secu-
    46  rities or other obligations of any person which directly, or  through  a
    47  parent or subsidiary entity, contracts to build a border wall.
    48    3.  The  comptroller  shall  take  appropriate action to sell, redeem,
    49  divest or withdraw any investment held in violation of the provisions of
    50  this section. This section shall not be construed to require the  prema-
    51  ture  or  otherwise imprudent sale, redemption, divestment or withdrawal
    52  of an investment, but such  sale,  divestment  or  withdrawal  shall  be
    53  completed no later than three years following the effective date of this
    54  section.
    55    4.  On or before December fifteenth, two thousand seventeen, and every
    56  year thereafter, the comptroller shall issue a report to  the  governor,

        A. 6595                             4
 
     1  the  commissioner  of  general  services, the temporary president of the
     2  senate, and the speaker of the assembly, on all the actions  taken,  and
     3  all  determinations  made, by the comptroller, pursuant to this section,
     4  and any and all rules or regulations adopted.
     5    §  3.  This  act shall take effect immediately and shall expire and be
     6  deemed repealed January 20, 2021.
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