senate Bill S1799

Amended

Establishes state agency goal submission procedure ensuring that certified minority-owned and women-owned business enterprises are given meaningful participation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Feb / 2009
    • REFERRED TO FINANCE
  • 27 / May / 2009
    • 1ST REPORT CAL.485
  • 01 / Jun / 2009
    • 2ND REPORT CAL.
  • 02 / Jun / 2009
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2009
    • SUBSTITUTED BY A4810
  • 09 / Jul / 2009
    • SUBSTITUTION RECONSIDERED
  • 09 / Jul / 2009
    • RESTORED TO THIRD READING
  • 16 / Jul / 2009
    • AMENDED ON THIRD READING 1799A
  • 16 / Jul / 2009
    • COMMITTED TO RULES
  • 06 / Jan / 2010
    • REFERRED TO FINANCE
  • 02 / Mar / 2010
    • 1ST REPORT CAL.194
  • 03 / Mar / 2010
    • AMENDED (T) 1799B
  • 03 / Mar / 2010
    • 2ND REPORT CAL.
  • 04 / Mar / 2010
    • ADVANCED TO THIRD READING

Summary

Establishes state agency goal submission procedure; defines goal as the aim of ensuring that certified minority-owned and woman-owned business enterprises are given meaningful participation in employment; further provides for state agency compliance reporting.

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Bill Details

See Assembly Version of this Bill:
A4810
Versions:
S1799
S1799A
S1799B
Legislative Cycle:
2009-2010
Law Section:
Executive Law
Laws Affected:
Add §118-a, Ec Dev L; amd §§313, 315 & 316, Exec L; amd §163, St Fin L; amd §2 879; Pub Auth L

Sponsor Memo

BILL NUMBER: S1799

TITLE OF BILL :

An act to amend the executive law, in relation to establishing state
agency goal submission procedure


PURPOSE OR GENERAL IDEA OF BILL :

This bill would establish a procedure requiring state agencies and
authorities subject to Article 15-A of the Executive Law to submit a
goal plan and to establish compliance reporting of such goals in order
to facilitate the participation of minority-owned and women-owned
businesses on state contracts.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 would amend Section 310 of the Executive Law by adding a new
subdivision 16 to define "goal" to mean the aim that state agencies
must meet to ensure meaningful participation of minority-owned and
women owned business enterprises in employment and in the performance
of state contracts.

Section 2 would add new sections 315-a and 315-b to the Executive Law
establishing a state agency goal submission procedure, including a
provision which would require a state agency or authority to provide a
written justification for failing to set a minimum goal of 5% or for
submitting a goal lower than the prior years. section 315-a would
establish a mechanism for compliance reporting which would include an
immediate investigation and public hearings to review agencies found
to be out of compliance for eight consecutive quarters.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

This bill would provide the Division of Minority and Women Owned
Business Enterprises a stronger method to ensure state agency
compliance with the provisions of Article 15-A of the Executive Law.

JUSTIFICATION :

In July 1988, Article 15-A of the Executive Law created the Governor's
Office of Minority and Women's Business Enterprise (MWBE) Development.
The office was created to facilitate the ability of MWBEs to secure
state contracts and increase general employment and business
opportunities for MWBES. In 1992, Article 4-A of the Economic
Development Law merged this office with the Department of Economic
Development (Empire State Development Corporation - ESDC) and renamed
it the Division of Minority and Women's Business Development.

While there have been advances made in ensuring meaningful
participation by minority-owned and women-owned businesses on state
contracts, the procedure by which the Division has reviewed, approved
and verified goal compliance appears to be haphazard and arbitrary.
This legislation provides a necessary statutory mechanism for both
goal submission and compliance with clear guidelines to facilitate
participation, including public hearings.

PRIOR LEGISLATIVE HISTORY :

A.11690 (2002), A.805 (2003-04), A.3471 (2005-06), A1311A (2007-08)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

EFFECTIVE DATE :
Immediately.
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