NY State Senate Bill 2009-S6889

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 22, 2010	referred to finance

co-Sponsors

2009-S6889 (ACTIVE) - Details

See Assembly Version of this Bill:: A9975
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §310, rpld & add §313 sub 2, Exec L

2009-S6889 (ACTIVE) - Summary

Relates to expanding the process to reform state contract requirements.

2009-S6889 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6889

 TITLE OF BILL :
An act to amend the executive law, in relation to expanding the
process to reform state contracting requirements to expand prime
contract and subcontract opportunities for minority and women-owned
business enterprises; and to repeal certain provisions of such law
relating thereto


 PURPOSE OR GENERAL IDEA OF BILL :
To enhance provisions of law set forth in Article 15-a in efforts to
enhance opportunities for Minority and Women-Owned Business
Enterprises.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends paragraph 13 of section 310 of Article 15-a of executive law to
clarify and expand the definition of contracts," modifies the
provisions of §2 subdivision 2 of Section 313 of Article 15-a, and
strikes the language contained in §3 section 313 executive law.

 JUSTIFICATION :
Studies have shown that while New York State has 8% of all women-owned
business enterprises in the united States and 11% of all
minority-owned business enterprises, minority and women-owned business
enterprises only received 5.2% of expenditures on state contracts in

2006.  In comparison to New York State, where minorities comprised 40%
of the population, the State of Florida had a minority population of
38% and MWBE state contracting expenditures of approximately 25%, the
State of Illinois had a minority population of 34% and MWBE state
contracting expenditures of approximately 22%, and the State of
Maryland had a minority population of 41% and MWBE state contracting
expenditures of approximately 21%. This data shows that despite one of
the largest minority populations and a twenty-two year effort to
increase opportunities for minority and women-owned business
enterprises, New York state has dramatically failed to match other
states in state contracting expenditures with minority and women-owned
business enterprises.

In addition, studies have shown that increasing state contracting
opportunities and increasing capital access to underserved regions and
to underserved groups such as minority and women-owned business
enterprises increases employment opportunities for members of such
groups and/or individuals who live in such regions. In addition,
studies have shown that increasing state contracting opportunities and
increasing capital access to underserved regions and to underserved
groups such as minority and women-owned business enterprises increases
employment opportunities for members of such groups and/or individuals
who live in such regions.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6889 (ACTIVE) - Bill Text download pdf

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

    S. 6889                                                  A. 9975

                      S E N A T E - A S S E M B L Y

                            February 22, 2010
                               ___________

IN SENATE -- Introduced by Sens. THOMPSON, STEWART-COUSINS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Finance

IN  ASSEMBLY -- Introduced by M. of A. BRODSKY -- read once and referred
  to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to expanding the  process
  to  reform state contracting requirements to expand prime contract and
  subcontract opportunities for minority and women-owned business enter-
  prises; and to repeal certain provisions of such law relating thereto

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

  Section  1.  Subdivision  13  of  section 310 of the executive law, as
added by chapter 261 of the laws of 1988, is amended to read as follows:
  13. "State contract" shall mean: (a) 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, INCLUDING
WITHOUT  LIMITATION  ASSET  MANAGEMENT,  INVESTMENT  BANKING,  BROKERAGE
SERVICES,  INSURANCE, BANKING, OTHER FINANCIAL ADVISORY, LEGAL, ACCOUNT-
ING AND OTHER PROFESSIONAL SERVICES, supplies, equipment,  materials  or
any  combination  of  the foregoing, to be performed for, or rendered or
furnished to the contracting agency; (b) a written agreement  in  excess
of  one hundred thousand dollars whereby a contracting agency is commit-
ted to expend or does expend funds for  the  acquisition,  construction,
demolition, replacement, major repair or renovation of real property and
improvements  thereon;  and  (c)  a  written  agreement in excess of one
hundred thousand dollars whereby the owner of a state  assisted  housing
project is committed to expend or does 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 article 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.
  S 2. Subdivision 13 of section 310 of the executive law, as amended by
chapter 506 of the laws of 2009, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16055-01-0

S. 6889                             2                            A. 9975

  13. "State contract" shall mean: (a) 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 including but
not  limited  to legal, financial and other professional services, ASSET
MANAGEMENT, INVESTMENT BANKING, BROKERAGE SERVICES, INSURANCE,  BANKING,
OTHER  FINANCIAL  ADVISORY,  LEGAL,  ACCOUNTING  AND  OTHER PROFESSIONAL
SERVICES, supplies, equipment, materials or any combination of the fore-
going, to be performed for, or rendered or furnished to the  contracting
agency;  (b)  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 (c) a written agreement in excess of one  hundred  thousand  dollars
whereby  the  owner  of a state assisted housing project is committed to
expend or does expend funds for the acquisition,  construction,  demoli-
tion,  replacement,  major  repair  or  renovation  of real property and
improvements thereon for such project.
  S 3. Subdivision 2 of section 313 of the executive law is REPEALED and
a new subdivision 2 is added to read as follows:
  2. CONTRACTING AGENCIES SHALL INCLUDE OR REQUIRE TO BE  INCLUDED  WITH
RESPECT  TO  STATE  CONTRACTS,  SUCH  PROVISIONS  AS MAY BE NECESSARY TO
EFFECTUATE THE PROVISIONS OF THIS SECTION IN EVERY BID SPECIFICATION AND
STATE CONTRACT, INCLUDING, BUT NOT LIMITED TO: (A) PROVISIONS  REQUIRING
CONTRACTORS  TO MAKE A GOOD FAITH EFFORT TO SOLICIT ACTIVE PARTICIPATION
BY ENTERPRISES KNOWN TO SUCH CONTRACTING AGENCIES AS BEING  MINORITY  OR
WOMEN-OWNED  BUSINESS  ENTERPRISES  OR  IDENTIFIED  IN  THE DIRECTORY OF
CERTIFIED BUSINESSES PROVIDED TO THE CONTRACTING AGENCY BY  THE  OFFICE;
(B)  REQUIRING THE PARTIES TO AGREE AS A CONDITION OF ENTERING INTO SUCH
CONTRACT, TO BE BOUND BY THE PROVISIONS OF SECTION THREE HUNDRED SIXTEEN
OF THIS ARTICLE;  AND  (C)  REQUIRING  THE  CONTRACTOR  TO  INCLUDE  THE
PROVISIONS  SET  FORTH  IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION IN
EVERY SUBCONTRACT IN A MANNER THAT THE PROVISIONS WILL BE  BINDING  UPON
EACH  SUBCONTRACTOR  AS  TO  WORK  IN  CONNECTION  WITH  SUCH  CONTRACT.
PROVIDED, HOWEVER,  THAT  NO  SUCH  PROVISIONS  SHALL  BE  BINDING  UPON
CONTRACTORS  OR  SUBCONTRACTORS  IN  THE  PERFORMANCE  OF  WORK  OR  THE
PROVISION OF SERVICES THAT ARE UNRELATED, SEPARATE OR DISTINCT FROM  THE
STATE  CONTRACT  AS  EXPRESSED BY ITS TERMS, AND NOTHING IN THIS SECTION
SHALL AUTHORIZE THE DIRECTOR OR ANY CONTRACTING  AGENCY  TO  IMPOSE  ANY
REQUIREMENT  ON  A  CONTRACTOR OR SUBCONTRACTOR EXCEPT WITH RESPECT TO A
STATE CONTRACT. FOR PURPOSES OF THIS SECTION,  "STATE  CONTRACTS"  SHALL
INCLUDE,  WITHOUT  LIMITATION, LEASES OF REAL PROPERTY BY A STATE AGENCY
TO A LESSEE WHERE THE TERMS OF SUCH LEASES PROVIDE FOR THE CONSTRUCTION,
DEMOLITION, REPLACEMENT, MAJOR REPAIR OR RENOVATION OF REAL PROPERTY AND
IMPROVEMENTS THEREON BY SUCH LESSEE.  REPORTS TO THE  DIRECTOR  PURSUANT
TO  SECTION THREE HUNDRED FIFTEEN OF THIS TITLE SHALL INCLUDE ACTIVITIES
WITH RESPECT TO ALL STATE CONTRACTS.
  S 4. This act shall take effect immediately; provided,  however,  that
section  two  of  this act shall take effect on the same date and in the
same manner as section 21-a of chapter 506 of the  laws  of  2009  takes
effect  when  upon  such  date the provisions of section one of this act
shall be deemed repealed; and provided, further, that the amendments  to
sections  310  and  313  of the executive law made by this act shall not
affect the expiration of such sections and shall  be  deemed  to  expire
therewith.

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Senate Bill S6889

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Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

2009-S6889 (ACTIVE) - Details

2009-S6889 (ACTIVE) - Summary

2009-S6889 (ACTIVE) - Sponsor Memo

2009-S6889 (ACTIVE) - Bill Text download pdf

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Sponsored By

Antoine M. Thompson

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

Andrea Stewart-Cousins

2009-S6889 (ACTIVE) - Details

2009-S6889 (ACTIVE) - Summary

2009-S6889 (ACTIVE) - Sponsor Memo

2009-S6889 (ACTIVE) - Bill Text download pdf

Comments