Senate Bill S2828

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

                                  2828

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to federal funds  and
  compliance with participation by minority group members and women with
  respect to state contracts

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

  Section 1. The state finance law is amended by adding  a  new  section
17-a to read as follows:
  S  17-A.  FEDERAL  FUNDS;  COMPLIANCE  WITH MINORITY GROUP MEMBERS AND
WOMEN WITH RESPECT TO STATE CONTRACTS. 1. ALL AGENCIES  OBTAINING  STATE
CONTRACTS  OR  SUBCONTRACTS,  AND  MUNICIPALITIES SUBJECT TO SUBDIVISION
FIFTEEN OF SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW,  THAT
RECEIVE  FEDERAL FUNDING FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT
OF 2009 (PUB. L. NO. 111-5) SHALL CONFORM TO THE PROVISIONS  OF  ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW.
  2. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS SUBDIVISION ELEVEN
OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
  (B) "STATE CONTRACT" SHALL MEAN: (I) A WRITTEN AGREEMENT  OR  PURCHASE
ORDER  INSTRUMENT,  PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS OF TWEN-
TY-FIVE THOUSAND DOLLARS, WHEREBY A CONTRACTING AGENCY IS  COMMITTED  TO
EXPEND  OR  DOES  EXPEND  FUNDS IN RETURN FOR LABOR, SERVICES, SUPPLIES,
EQUIPMENT,  MATERIALS  OR  ANY  COMBINATION  OF  THE  FOREGOING,  TO  BE
PERFORMED  FOR, OR RENDERED OR FURNISHED TO THE CONTRACTING AGENCY; (II)
A WRITTEN AGREEMENT IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS WHEREBY  A
CONTRACTING  AGENCY  IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS FOR THE
ACQUISITION, CONSTRUCTION,  DEMOLITION,  REPLACEMENT,  MAJOR  REPAIR  OR
RENOVATION  OF REAL PROPERTY AND IMPROVEMENTS THEREON; AND (III) A WRIT-
TEN AGREEMENT IN EXCESS OF ONE  HUNDRED  THOUSAND  DOLLARS  WHEREBY  THE
OWNER OF A STATE ASSISTED HOUSING PROJECT IS COMMITTED TO EXPEND OR DOES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09884-01-9
              

S. 2828                             2

EXPEND FUNDS FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT,
MAJOR REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON FOR
SUCH PROJECT. FOR THE PURPOSES OF THIS SECTION THE TERM "SERVICES" SHALL
NOT INCLUDE BANKING RELATIONSHIPS, THE ISSUANCE OF INSURANCE POLICIES OR
CONTRACTS, OR CONTRACTS WITH A CONTRACTING AGENCY FOR THE SALE OF BONDS,
NOTES OR OTHER SECURITIES.
  (C)  "SUBCONTRACT"  SHALL  MEAN  AN  AGREEMENT  PROVIDING  FOR A TOTAL
EXPENDITURE  IN  EXCESS  OF  TWENTY-FIVE  THOUSAND   DOLLARS   FOR   THE
CONSTRUCTION,  DEMOLITION,  REPLACEMENT, MAJOR REPAIR, RENOVATION, PLAN-
NING OR DESIGN OF REAL  PROPERTY  AND  IMPROVEMENTS  THEREON  BETWEEN  A
CONTRACTOR  AND  ANY INDIVIDUAL OR BUSINESS ENTERPRISE, INCLUDING A SOLE
PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR NOT-FOR-PROFIT CORPORATION,
IN WHICH A PORTION OF A CONTRACTOR'S OBLIGATION UNDER A  STATE  CONTRACT
IS  UNDERTAKEN OR ASSUMED, BUT SHALL NOT INCLUDE ANY CONSTRUCTION, DEMO-
LITION, REPLACEMENT, MAJOR REPAIR, RENOVATION,  PLANNING  OR  DESIGN  OF
REAL  PROPERTY  OR  IMPROVEMENTS  THEREON  FOR THE BENEFICIAL USE OF THE
CONTRACTOR.
  S 2. This act shall take effect immediately.