senate Bill S2965

Directs New York state urban development corporation to implement affirmative action programs for women and women-owned businesses to afford equal opportunity

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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

  • 28 / Jan / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 08 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Requires the state urban development corporation and each of its subsidiaries to take affirmative action so as to assure that business enterprises owned and operated by women be given an equal opportunity to participate in the planning, construction and operation of projects of the corporation or its subsidiaries; provides that the UDC shall from time to time gather information and make written findings, if warranted, with respect to areas of the state where its projects are located, concerning the effects of past discrimination against women and business enterprises owned and operated by women; provides that the UDC shall adopt, in writing and implement such actions to achieve and maintain equal employment and business opportunity as it may reasonably deem necessary and appropriate.

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Bill Details

Versions:
S2965
Legislative Cycle:
2013-2014
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Amd §4, UDC Act
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1895
2009-2010: S3302

Sponsor Memo

BILL NUMBER:S2965

TITLE OF BILL: An act to amend the New York state urban development
corporation act, in relation to certain employment discrimination

SUMMARY OF PROVISIONS: The purpose of this bill is to authorize the New
York State Urban Development Corporation (UDC) and its subsidiaries to
take affirmative action an behalf of women and women-owned business
enterprises. In Section 1 of the bill, the Legislature finds and
declares that women and women-owned business enterprises have been the
victim of past discrimination, that they have been denied equal opportu-
nity to participate in and contribute to the State's economy, that the
State has a compelling interest in eradicating the effects of such past
discrimination and that in some instances the effects of such discrimi-
nation can only be overcome by the use of numerical goals and other
temporary preferential methods. The Legislature also finds that the UDC
has the expertise necessary to gather data concerning discrimination and
to formulate and implement effective affirmative action programs in
accordance with such information.

Section 2 provides that this bill is to be deemed an exercise of the
police and procurement powers and in fulfillment of the State Consti-
tution's provisions regarding civil rights. Section 3 provides, in
summary, as follows: 1. The UDC Act (Unconsolidated Laws, sections 6251
through 6285) is amended by adding a new section 4 which directs the UDC
to take affirmative action on behalf of women and women-owned business
enterprises. 2. In areas where its projects are located, UDC is author-
ized to make findings with respects to the effects of past discrimi-
nation against women. 3. UDC is authorized to take such remedial meas-
ures to achieve and maintain equal employment and business opportunities
as it deems necessary and appropriate. Such actions may include the
establishment of counseling and training programs, affirmative recruit-
ment and community liaison efforts and the temporary use of numerical
goals and special bid conditions. 4. No remedial measure may mandate
the discharge of any work because of sex. 5. In instances where public
bidding is required, UDC is directed to consider the ability and the
willingness of a bidder to provide for the participation of women and
women-owned business enterprises in determining whether the bidder is
responsible. 6. UDC and its subsidiaries are authorized to require that
any person or entity involved in a UDC project comply with its affirma-
tive action program. 7. UDC is required to include in its annual report
a description of its activities under section 4{ 12) and is authorized
to promulgate regulations to effect the purposes of the bill.

JUSTIFICATION: Existing law does not contain a sufficient basis for the
establishment of affirmative action programs to increase the level of
participation by women and women-owned business enterprises where such
programs include the use of numerical goals and other temporary prefer-
ential methods.

This bill is intended to remedy this situation and provide the appropri-
ate legislative authority for UDC to implement affirmative action
programs for women and women-owned business enterprises containing such
provisions.

LEGISLATIVE HISTORY: 03/16/09 REFERRED TO CORPORATIONS, AUTHORITIES AND
COMMISSIONS 05/20/09 1ST REPORT CAL. 423 05/26/09 2ND REPORT CAL.
05/27/09 ADVANCED TO THIRD READING 07/16/09 COMMITTED TO RULES 01/06/10
REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS 01/14/11 REFERRED
TO CORPORATIONS, AUTHORITIES AND COMMISSIONS 01/04/12 REFERRED TO CORPO-
RATIONS, AUTHORITIES AND COMMISSIONS

FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2965

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the New York state urban development corporation act, in
  relation to certain employment discrimination

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. It is hereby found  and  declared  that
the  state  has had a leadership role in maximizing equal opportunity in
employment for all its citizens, but that in  many  communities  in  the
state,  because  of past sex discrimination, women and women-owned busi-
ness enterprises do not have such equal opportunity.
  It is further found and  declared  that  as  a  result  of  such  past
discrimination,  many  women and women-owned business enterprises do not
enjoy full opportunity to participate in and contribute to  the  state's
economy, or to obtain the experience necessary to become more productive
contributors to the economy.
  It  is  further  found  and  declared  that the lack of opportunity to
participate in public contracts tends to decrease the pool of  available
labor,  thereby adversely affecting the cost and progress of such public
contracts.
  It is further found and declared  that  the  state  has  a  compelling
interest  in  eradicating  the  effects of such past discrimination, and
that well chosen efforts at eradication result in a gain which  substan-
tially outweighs any detrimental effects.
  It  is  further  found and declared that the patterns, causes, effects
and victims of such past discrimination have varied and do  vary  widely
among  communities, occupations and industries, and that no one approach
to remedying the effects of this discrimination will be  most  effective
in  all  circumstances,  but  rather  that,  where  feasible, corrective
programs should be tailored to the particular situation.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02861-01-3

S. 2965                             2

  It is further found and declared that under some  circumstances  equal
opportunity  can  be  afforded  to women and women-owned business enter-
prises, only by the temporary use of preferential methods such as numer-
ical goals for participation by women and women-owned  enterprises,  and
that  such methods can and should be carefully chosen, using statistical
and other information where available, so that the methods are  employed
only  where  they are considered necessary to achieve equal opportunity,
and have the least practicable adverse impact on men and men-owned busi-
nesses.
  It is further found and declared that the New York state urban  devel-
opment  corporation  and its subsidiaries have developed extensive know-
ledge and expertise in the areas of manpower development  and  training,
urban  blight  and  revitalization,  affirmative  action, the letting of
public contracts, the construction of public projects, and  the  statis-
tical analysis of employment and economic patterns throughout the state.
  It  is further found and declared that the New York state urban devel-
opment corporation and its subsidiaries have the requisite knowledge and
expertise to examine employment  and  economic  patterns  in  particular
communities,  occupations  and  industries, and to ascertain whether the
effects of past discrimination persist, and if so, how they  might  best
be remedied.
  It is further found and declared that affirmative action is consistent
with,  and a necessary component of fulfilling, the New York state urban
development corporation's mission of  revitalizing  the  blighted  urban
areas  and  the economy of the state, and of improving the conditions of
the low income residents of the state.
  Therefore, it is hereby found and declared that it is  in  the  public
interest  and  necessary  and  desirable  that  the New York state urban
development corporation, for itself and for  its  subsidiaries,  develop
and  implement  affirmative  action  programs where and as necessary for
their projects, applicable to the corporation and its subsidiaries,  and
their  projects  and  activities, and their contractors, subcontractors,
consultants, vendees and lessees, based where necessary upon analysis of
the circumstances in the relevant communities,  occupations  and  indus-
tries,  with  the goal of ensuring equal opportunity for women and busi-
ness enterprises actually owned and operated by women.
  S 2. This act shall be deemed an exercise of the police power and  the
procurement  power of the state, and in fulfillment of the provisions of
the constitution of the state concerning civil rights.
  S 3. Section 4 of section 1 of  chapter  174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, is
amended by adding a new subdivision 12 to read as follows:
  (12) THE CORPORATION AND EACH OF  ITS  SUBSIDIARIES,  WHETHER  CREATED
SPECIALLY  BY  STATUTE  OR  OTHERWISE,  SHALL TAKE AFFIRMATIVE ACTION IN
WORKING WITH CONSTRUCTION FIRMS, CONTRACTORS,  SUBCONTRACTORS,  CONSULT-
ANTS  AND  OTHER  FIRMS,  TO THE END THAT WOMEN AND BUSINESS ENTERPRISES
OWNED AND OPERATED BY WOMEN, SHALL  BE  AFFORDED  EQUAL  OPPORTUNITY  TO
PARTICIPATE  IN  THE PLANNING, CONSTRUCTION AND OPERATION OF PROJECTS OF
THE CORPORATION AND ITS SUBSIDIARIES, AND IN ALL OTHER ACTIVITIES OF THE
CORPORATION AND ITS SUBSIDIARIES.  TOWARD THIS END:  (A) THE CORPORATION
SHALL FROM TIME TO TIME GATHER INFORMATION AND MAKE WRITTEN FINDINGS, IF
WARRANTED, WITH RESPECT TO THE AREAS OF THE STATE WHERE ITS PROJECTS ARE
LOCATED, CONCERNING THE EFFECTS OF ANY PAST DISCRIMINATION AGAINST WOMEN
AND BUSINESS ENTERPRISES OWNED AND OPERATED BY WOMEN.
  (B) SUCH FINDINGS MAY, BUT NEED NOT BE BASED, IN  WHOLE  OR  IN  PART,
UPON  STATISTICS  INDICATING  THAT CERTAIN WOMEN OR BUSINESS ENTERPRISES

S. 2965                             3

OWNED AND OPERATED BY WOMEN HAVE A DISPROPORTIONATELY LOW  PARTICIPATION
IN  RELEVANT  OCCUPATIONS  OR  INDUSTRIES IN THE AREA, RELATIVE TO THEIR
PROPORTION IN THE RELEVANT POPULATION OR LABOR FORCE.
  (C)  THE  CORPORATION  SHALL  ADOPT,  IN  WRITING,  AND IMPLEMENT SUCH
ACTIONS TO ACHIEVE AND MAINTAIN EQUAL EMPLOYMENT AND  BUSINESS  OPPORTU-
NITY AS IT MAY REASONABLY DEEM NECESSARY AND APPROPRIATE. IN APPROPRIATE
INSTANCES,  THESE  ACTIONS  MAY INCLUDE, WITHOUT LIMITATION, AFFIRMATIVE
EFFORTS AT RECRUITMENT, COUNSELLING, TRAINING,  AND  COMMUNITY  LIAISON,
AND  WHEN FINDINGS OF DISCRIMINATION HAVE BEEN MADE, AND NOTWITHSTANDING
ANY OTHER PROVISION OF STATE OR LOCAL LAW, THE TEMPORARY USE OF  ATTAIN-
ABLE  PREFERENTIAL METHODS TO ENSURE THAT WOMEN AND BUSINESS ENTERPRISES
ACTUALLY OWNED AND OPERATED BY WOMEN MAY PARTICIPATE FULLY IN THE  PLAN-
NING,  CONSTRUCTION  AND OPERATION OF THE APPLICABLE PROJECT, AND IN THE
OCCUPATIONS AND INDUSTRIES WHICH PARTICIPATE IN SUCH PROJECT. AS USED IN
THE PRECEDING SENTENCE, THE TERM "OWNED" MEANS BONA FIDE OWNERSHIP OF AT
LEAST FIFTY PER CENTUM OF THE BUSINESS ENTERPRISE, AND THE  TERM  "OPER-
ATED"  MEANS  THE CONTROL OF THE MANAGEMENT AND DAILY OPERATIONS OF SUCH
BUSINESS ENTERPRISE. NO METHOD SELECTED SHALL MANDATE THE  DISCHARGE  OF
ANY  WORKER  BECAUSE  OF  HIS  OR  HER SEX. WHERE APPROPRIATE BECAUSE OF
DIFFERING CIRCUMSTANCES, THE CORRECTIVE ACTIONS CHOSEN MAY DIFFER  AMONG
AREAS  AND  PROJECTS, AND WITHIN PROJECTS AMONG OCCUPATIONS, INDUSTRIES,
AND CONTRACTS. NOTHING IN THIS SUBDIVISION SHALL BE  DEEMED  TO  REQUIRE
THE  HIRING  OF  UNQUALIFIED  WORKERS,  OR  TO AUTHORIZE THE AWARDING OF
CONTRACTS TO ENTERPRISES THAT ARE NOT RESPONSIBLE AND RELIABLE AND QUAL-
IFIED TO PERFORM THE WORK REQUIRED.
  (D) IN DETERMINING WHETHER A BIDDER OR  PROPOSED  CONTRACTOR  FOR  ANY
TYPE  OF WORK LET OR SERVICES PROCURED BY THE CORPORATION OR ITS SUBSID-
IARIES IS  RESPONSIBLE,  THE  CORPORATION  AND  ITS  SUBSIDIARIES  SHALL
CONSIDER  (BUT  NEED  NOT  LIMIT THEIR CONSIDERATION TO) THE ABILITY AND
WILLINGNESS OF SUCH BIDDER OR PROPOSED CONTRACTOR  TO  PROVIDE,  AND  TO
COMMIT  TO  PROVIDE, FOR PARTICIPATION OF WOMEN AND BUSINESS ENTERPRISES
ACTUALLY OWNED AND OPERATED BY WOMEN, TO THE EXTENT DETERMINED NECESSARY
PURSUANT TO THIS SUBDIVISION, AND  IN  ACCORDANCE  WITH  THE  PROCEDURES
ESTABLISHED HEREIN.
  (E)  THE  CORPORATION AND ITS SUBSIDIARIES, IF NECESSARY OR CONVENIENT
TO  ACHIEVE  THE  PURPOSES  OF  THIS  SUBDIVISION,  MAY  IMPOSE  THROUGH
CONTRACT,  LEASE  OR CONVEYANCE PROVISIONS OR OTHERWISE, THE AFFIRMATIVE
ACTION MEASURES UNDERTAKEN PURSUANT TO THIS SUBDIVISION UPON ANY PERSONS
OR ENTITIES THAT PLAN, CONSTRUCT OR OPERATE ITS PROJECTS, INCLUDING  BUT
NOT LIMITED TO THOSE PROJECTS WHOSE CONSTRUCTION IS COMPLETE, AND WHETH-
ER  OR  NOT  THE  CORPORATION  OR ANY OF ITS SUBSIDIARIES RETAINS A REAL
PROPERTY INTEREST IN ANY PORTION OF THE PROJECT.
  (F) THE CORPORATION IN ITS ANNUAL  REPORT  SHALL  FULLY  DESCRIBE  ITS
ACTIVITIES  PURSUANT  TO  THIS  SUBDIVISION, SO THAT THE LEGISLATURE MAY
FROM TIME TO TIME REASSESS ITS DELEGATION TO  THE  CORPORATION  AND  ITS
SUBSIDIARIES  OF FACT-FINDING AND IMPLEMENTING RESPONSIBILITIES CONCERN-
ING AFFIRMATIVE ACTION.
  (G) THE CORPORATION MAY FROM TIME TO TIME PROMULGATE PROCEDURES, REGU-
LATIONS AND  INTERPRETATIONS  NECESSARY  OR  CONVENIENT  TO  EFFECT  THE
PURPOSES  OF THIS SUBDIVISION. SUCH PROMULGATIONS SHALL NOT BE DEEMED TO
BE "RULES" FOR PURPOSES OF CHAPTER 167 OF THE LAWS OF 1975, AS AMENDED.
  S 4. If any provisions of this act, or the application thereof to  any
person  or  circumstances  shall  be  adjudged by any court of competent
jurisdiction to be invalid or unenforceable,  such  judgment  shall  not
affect,  impair  or invalidate the remainder of this act or the applica-
tion of such provision to any other person or circumstance, but shall be

S. 2965                             4

confined in its operation to  the  provision,  person  and  circumstance
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 5.  This act shall take effect immediately.

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