Article 25. New York State Job Retention Board *

*NB Expired July 1, 1979

*Section 856. Declaration of legislative finding.

The legislature finds that due to the state's continuing loss of business and industry, declining economy and its resultant excessively high net job loss it is necessary and appropriate to take new and aggressive steps to promote and keep business, industry and jobs within the state of New York and it is therefore in the public interest of the state of New York to create a mechanism to permit the governor of the state of New York, under extraordinary circumstances, subject to provisions of this article, to award a state contract to a New York state resident business bidder over a non-resident New York state bidder with a lower submitted bid upon a finding that such award is in the public interest of the state of New York. The legislature also finds that increased costs incurred by the state from the award of the state contract to other than the lowest bidder will be offset by the benefits of continued and/or additional state and local government tax revenues generated by continued and/or increased employment within the state, and continued and/or additional tax revenues from such additional business being generated within this state.

It is therefore the intent of this article to create and provide the governor of the state of New York with a mechanism for granting a preference in the letting of state contracts to New York state resident bidders, who have substantial economic ties with New York state, and who contribute to the state's economy where sufficient offsetting benefits would be realized by New York state in terms of state employment and generation of state and local tax revenues, through the exercise of this mechanism.

*NB Expired July 1, 1979

*Section 857. New York state job retention board.

1. There is hereby established a board, to be hereinafter designated as the New York state job retention board, to be comprised of the following voting members: the governor of the state of New York, the comptroller of the state of New York, the attorney general of the state of New York, the industrial commissioner, the commissioner of commerce, the president of the state tax commission, and the commissioner of the office of general services. The executive director of the New York state economic development board shall be a non-voting ex-officio member.

2. The governor of the state of New York may direct and order the commissioner of the office of general services or other contracting offices to award a contract to a bidder, other than the lowest responsible bidder, whenever such bid substitution in the board's judgment would best promote the public interest of the state of New York, pursuant to the provisions of section one hundred seventy-four of the state finance law, providing such substituting is consistent with the intent of section eight hundred fifty-six of this chapter and section one hundred seventy-four of the state finance law.

3. The New York state job retention board may request any bidder on a state contract to prepare and submit a preferential bidding form.

4. The New York state job retention board shall meet upon the request of the governor of the state of New York.

*NB Expired July 1, 1979