New York A 1255: Relates to increased participation in state contracts and subcontracts by certified minority and women owned business enterprises

Bill Text

STATE OF NEW YORK
________________________________________________________________________
1255
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
___________
Introduced by M. of A. SIMON, MOSLEY, COLTON, GOTTFRIED, COOK, SEPULVE-
DA, HOOPER, SEAWRIGHT, JAFFEE -- Multi-Sponsored by -- M. of A. GLICK,
HYNDMAN -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the executive law, in relation to participation by
minority group members and women with respect to certain state
contracts; and to amend the state finance law, in relation to estab-
lishing a mentor-protege program for small and minority and women-
owned business concerns and in relation to performance and payment
bond requirements
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivisions 3 and 4 of section 311 of the executive law,
2 subdivision 3 as added by chapter 261 of the laws of 1988, paragraphs
3 (d) and (e) of subdivision 3 as amended by chapter 55 of the laws of
4 1992, paragraphs (g) and (h) of subdivision 3 as amended and paragraph
5 (i) of subdivision 3 as added by section 1 of part BB of chapter 59 of
6 the laws of 2006 and subdivision 4 as amended by chapter 361 of the laws
7 of 2009, are amended to read as follows:
8 3. The director shall have the following powers and duties:
9 (a) to encourage and assist contracting agencies in their efforts to
10 increase participation by minority and women-owned business enterprises
11 on state contracts and subcontracts so as to facilitate the award of a
12 fair share of such contracts to them and to provide on the division's
13 website a list of each contracting agency's minority and women-owned
14 ;business enterprises certification outreach seminars
15 (b) to develop standardized forms and reporting documents necessary to
16 implement this article;
17 (c) to conduct educational programs outreach to encourage the certif-
18 consistent withication of minority and women-owned business enterprises
19 the purposes of this article;
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD00975-01-7

A. 1255 2
1 (d) to review [ ] the practices and procedures ofperiodically quarterly
2 each contracting agency with respect to compliance with the provisions
3 of this article, and to require them to file [ ] periodic quarterly
4 reports with the division of minority and women's business development
5 as to the level of minority and women-owned business enterprises partic-
6 ipation in the awarding of agency contracts for goods and services
7 including but not limited to the number of state contracts awarded to
8 certified minority-owned or women-owned business enterprises, the maxi-
9 mum dollar amount obligated pursuant to all those contracts, and the
10 total expenditures made pursuant to all such contracts; the number of
11 state contracts awarded to certified minority or women-owned business
12 enterprises, the maximum dollar amount obligated pursuant to all those
13 contracts, and the total expenditures made pursuant to all such
14 contracts; the number of state contracts awarded which include a utili-
15 zation plan for business participation by certified minority or women-
16 owned business enterprises, the maximum amount obligated pursuant to
17 those contracts, and the total expenditures made pursuant to all such
18 contracts; the number of state contracts awarded upon which a waiver was
19 granted from goals required by the contracts for business participation
20 by certified minority or women-owned business enterprises, and the maxi-
21 mum amount obligated pursuant to those contracts; the number of state
22 contracts awarded which required goals for employment of minority group
23 members and women; and the number of state contracts awarded for which
24 ;waivers of employment goals required by the contracts have been granted
25 (e) on January first of each year report to the governor, the tempo-
26 rary president of the senate, the speaker of the assembly, the minority
27 and the chairpersons of theleaders of the senate and the assembly,
28 senate finance and assembly ways and means committees on the [ ]level
29 of minority and women-owned businessactual versus projected levels
30 enterprises participating in each agency's contracts for goods [ ]and ,
31 services and construction, including but not limited to the number of
32 state contracts awarded to certified minority-owned or women-owned busi-
33 ness enterprises, the maximum dollar amount obligated pursuant to all
34 those contracts, and the total expenditures made pursuant to all such
35 and on activities of the office and effort by each contract-contracts,
36 ing agency to promote employment of minority group members and women,
37 and to promote and increase participation by certified businesses with
38 respect to state contracts and subcontracts so as to facilitate the
39 award of a fair