NY State Senate Bill 2011-S1080A

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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
Jan 04, 2012	referred to corporations, authorities and commissions
Feb 22, 2011	print number 1080a
Feb 22, 2011	amend and recommit to corporations, authorities and commissions
Jan 05, 2011	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2011-S1080 - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §2807, Pub Auth L; add §315-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7195
2013-2014: S3089
2015-2016: S2789
2017-2018: S2841
2019-2020: S4896
2021-2022: S5217
2023-2024: S6783
2025-2026: S4281

2011-S1080 - Summary

Requires the creation of a database to track the issuance of contracts by public authorities and state agencies with minority and women-owned businesses.

2011-S1080 - Sponsor Memo

                                BILL NUMBER:S1080                REVISED 02/22/11

TITLE OF BILL:
An act
to amend the public authorities and the executive law, in relation to
database and reporting requirements for contracts with minority and
women-owned businesses

PURPOSE OR GENERAL IDEA:
To require state agencies and Class A and B public authorities, and
public benefit corporations, to implement databases and reporting for
contracts with minority and women-owned businesses.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the public authorities law by adding a new section
2807, which creates a duty for public authorities, and public benefit
corporations, to create and maintain databases to track the issuance
of contracts to minority and women-owned business enterprises
(MWBEs), to report upon such contracts.

Section 2 amends the executive law by adding a new section 315-a,
which creates a duty for state agencies to create and maintain
databases to track the issuance of contracts to minority and
women-owned business enterprises (MWBEs), to report upon such
contracts.

JUSTIFICATION:
On March 3, 2010 the New York State Senate Minority and Women-Owned
Business Enterprise (MWBE) Task Force held a hearing to inquire into
the status of State contracting with MWBEs, and reporting upon such
activity.

A number of common themes arose during the hearing, but one
particularly important issue cited by the witnesses was the need for
software that tracks MWBE goals. The Green American Public Private
Partnership (Green America), for example, testified to wide
disparities between MWBE goals and oversight of such goals. One
example used was New York City's (NYC) annual value of prime
contracts, which total roughly $369 million. Under NYC's announced
MWBE prime contract goal, NYC would be expected to let approximately
$107 of contracts to MWBEs, however only $14.9 million of such
contracts were awarded in 2009. The conclusion of the Department of
Small Business Services, which audited NYC's MWBE program, was that
self-monitoring by agencies of MWBE compliance was inadequate. Other
witnesses, such DWM Business Associates, LLC, also pointed to the
need for greater focus upon compliance and reporting issues.

This legislation will require state agencies and public authorities to
track the issuance of MWBE contracts, report upon the award of such
contracts, and post the information on their web sites.
This large step forward in tracking and compliance reporting will
vastly increase the transparency and accountability of MWBE
contracting by state entities in New York.
Furthermore, such a requirement should place small or no additional
burden(s) upon agencies and authorities. The Metropolitan
Transportation Authority (MTA), for example, stated that it is


already investing in MWBE software so it can track MWBE goals in real
time, so if prime contractors do not meet their goals, the MTA's
compliance unit can act without delay. In addition, the Office of
General Services (OGS) noted the new requirement established by
chapter 429 of 2009, requiring agencies to post their MWBE
utilization plans on their web sites, which is theorized to be
complementary to the requirements of this legislation.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.7195 - Referred to Corporations, Authorities & Commissions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S1080 - Bill Text download pdf

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

                                  1080

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

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

AN  ACT  to  amend  the  public  authorities  and  the executive law, in
  relation to database and reporting  requirements  for  contracts  with
  minority and women-owned businesses

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

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 2807 to read as follows:
  S 2807. DATABASE AND REPORTING REQUIREMENTS FOR CONTRACTS WITH MINORI-
TY  AND WOMEN-OWNED BUSINESSES. ALL CLASS A AND B PUBLIC AUTHORITIES AND
PUBLIC BENEFIT CORPORATIONS SHALL CREATE  AND  MAINTAIN  A  DATABASE  TO
TRACK THE ISSUANCE OF CONTRACTS TO MINORITY AND WOMEN-OWNED ENTERPRISES.
FOR  PURPOSES OF THIS SECTION, A MINORITY OR WOMEN-OWNED BUSINESS ENTER-
PRISE SHALL BE DEFINED AS IN  SUBDIVISION  FOURTEEN  OF  SECTION  TWELVE
HUNDRED  SIXTY-SIX-C  OF  THIS CHAPTER. CLASS A AND B PUBLIC AUTHORITIES
AND PUBLIC BENEFIT CORPORATIONS SHALL COMPILE REPORTS ON THE ISSUANCE OF
SUCH CONTRACTS AND THE TOTAL NUMBER OF CONTRACTS AWARDED.  SUCH  REPORTS
SHALL  BE FILED ON A YEARLY BASIS WITH THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT, OFFICE OF MINORITY AND WOMEN-OWNED BUSINESSES AND  BE  DISPLAYED
ON  THE  PUBLIC  AUTHORITIES  OR  PUBLIC  BENEFIT CORPORATION'S WEBSITE,
PROVIDED,  HOWEVER  THAT  ALL  PROPRIETARY  INFORMATION  SHALL  BE  KEPT
OFFLINE.
  S  2.  The  executive  law is amended by adding a new section 315-a to
read as follows:
  S 315-A. DATABASE AND REPORTING REQUIREMENTS FOR CONTRACTS WITH MINOR-
ITY AND WOMEN-OWNED BUSINESSES. ALL  STATE  AGENCIES  SHALL  CREATE  AND
MAINTAIN  A  DATABASE TO TRACK THE ISSUANCE OF CONTRACTS TO MINORITY AND
WOMEN-OWNED ENTERPRISES. FOR PURPOSES OF THIS  SECTION,  A  MINORITY  OR
WOMEN-OWNED BUSINESS ENTERPRISE SHALL BE DEFINED AS IN SUBDIVISION FOUR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01569-01-1

S. 1080                             2

TEEN  OF  SECTION  TWELVE  HUNDRED SIXTY-SIX-C OF THE PUBLIC AUTHORITIES
LAW. STATE AGENCIES SHALL  COMPILE  REPORTS  ON  THE  ISSUANCE  OF  SUCH
CONTRACTS  AND THE TOTAL NUMBER OF CONTRACTS AWARDED. SUCH REPORTS SHALL
BE  FILED ON A YEARLY BASIS WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
OFFICE OF MINORITY AND WOMEN-OWNED BUSINESSES AND BE  DISPLAYED  ON  THE
STATE  AGENCIES'  WEBSITE, PROVIDED HOWEVER, ALL PROPRIETARY INFORMATION
SHALL BE KEPT OFFLINE.
  S 3. This act shall take effect immediately; provided,  however,  that
the  amendment  made to article 15-A of the executive law by section two
of this act shall not affect the repeal of such  article  and  shall  be
deemed repealed therewith.

co-Sponsors

2011-S1080A (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §2807, Pub Auth L; add §315-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7195
2013-2014: S3089
2015-2016: S2789
2017-2018: S2841
2019-2020: S4896
2021-2022: S5217
2023-2024: S6783
2025-2026: S4281

2011-S1080A (ACTIVE) - Summary

Requires the creation of a database to track the issuance of contracts by public authorities and state agencies with minority and women-owned businesses.

2011-S1080A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1080A

TITLE OF BILL:
An act
to amend the public authorities and the executive law, in relation to
database and reporting requirements for contracts with minority and
women-owned businesses

PURPOSE OR GENERAL IDEA:
To require state agencies and Class A and B
public authorities, and public benefit corporations, to implement
databases and reporting for contracts with minority and women-owned
businesses.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the public authorities law by adding a new section
2807, which creates a duty for Class A and B public authorities, and
public benefit corporations, to create and maintain databases to
track the issuance of contracts to minority and women-owned business
enterprises (MWBEs), to report upon such contracts.

Section 2 amends the executive law by adding a new section 315-a,
which creates a duty for state agencies to create and maintain
databases to track the issuance of contracts to minority and
women-owned business enterprises (MWBEs), to report upon such
contracts.

JUSTIFICATION:
On March 3, 2010 the New York State Senate Minority and Women-Owned
Business Enterprise (MWBE) Task Force held a hearing to inquire into
the status of State contracting with MWBEs, and reporting upon such
activity.

A number of common themes arose during the hearing, but one
particularly important issue cited by the witnesses was the need for
software that tracks MWBE goals. The Green American Public Private
Partnership (Green America), for example, testified to wide
disparities between MWBE goals and oversight of such goals. One
example used was New York City's (NYC) annual value of prime
contracts, which total roughly $369 million. Under NYC's announced
MWBE prime contract goal, NYC would be expected to let approximately
$107 of contracts to MWBEs, however only $14.9 million of such
contracts were awarded in 2009. The conclusion of the Department of
Small Business Services, which audited NYC's MWBE program, was that
self-monitoring by agencies of MWBE compliance was inadequate. Other
witnesses, such DWM
Business Associates, LLC, also pointed to the need for greater focus
upon compliance and reporting issues.

This legislation will require state agencies and public authorities to
track the issuance of MWBE contracts, report upon the award of such

contracts, and post the information on their web sites.
This large step forward in tracking and compliance reporting will
vastly increase the transparency and accountability of MWBE
contracting by state entities in New York.
Furthermore, such a requirement should place small or no additional
burden(s) upon agencies and authorities. The Metropolitan
Transportation Authority (MTA), for example, stated that it is
already investing in MWBE software so it can track MWBE goals in real
time, so if prime contractors do not meet their goals, the MTA's
compliance unit can act without delay. In addition, the Office of
General Services (OGS) noted the new requirement established by
chapter 429 of 2009, requiring agencies to post their MWBE
utilization plans on their web sites, which is theorized to be
complementary to the requirements of this legislation.

PRIOR LEGISLATIVE HISTORY:
2009-10:  S.7195 - Referred to Corporations, Authorities & Commissions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S1080A (ACTIVE) - Bill Text download pdf

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

                                 1080--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law and  the  executive  law,  in
  relation  to  database  and  reporting requirements for contracts with
  minority and women-owned businesses

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

  Section  1.  The  public  authorities  law  is amended by adding a new
section 2807 to read as follows:
  S 2807. DATABASE AND REPORTING REQUIREMENTS FOR CONTRACTS WITH MINORI-
TY AND WOMEN-OWNED BUSINESSES.    EVERY  STATE  AUTHORITY  CONTINUED  OR
CREATED BY THIS CHAPTER OR ANY OTHER CHAPTER OF THE LAWS OF THE STATE OF
NEW  YORK  SHALL CREATE AND MAINTAIN A DATABASE TO TRACK THE ISSUANCE OF
CONTRACTS TO MINORITY AND WOMEN-OWNED ENTERPRISES. FOR PURPOSES OF  THIS
SECTION,  A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE SHALL BE DEFINED
AS IN SUBDIVISION FOURTEEN OF SECTION TWELVE HUNDRED SIXTY-SIX-C OF THIS
CHAPTER.  EVERY STATE AUTHORITY CONTINUED OR CREATED BY THIS CHAPTER  OR
ANY  OTHER  CHAPTER  OF  THE LAWS OF THE STATE OF NEW YORK SHALL COMPILE
REPORTS ON THE ISSUANCE OF  SUCH  CONTRACTS  AND  THE  TOTAL  NUMBER  OF
CONTRACTS  AWARDED.  SUCH  REPORTS SHALL BE FILED ON A YEARLY BASIS WITH
THE AUTHORITIES, BUDGET OFFICE, DEPARTMENT OF ECONOMIC DEVELOPMENT,  AND
OFFICE  OF  MINORITY  AND WOMEN-OWNED BUSINESSES AND BE DISPLAYED ON THE
PUBLIC AUTHORITIES OR  PUBLIC  BENEFIT  CORPORATION'S  WEBSITE  AND  THE
WEBSITE  OF  THE  AUTHORITIES' BUDGET OFFICE, PROVIDED, HOWEVER THAT ALL
PROPRIETARY INFORMATION SHALL BE KEPT OFFLINE.
  S 2. The executive law is amended by adding a  new  section  315-a  to
read as follows:
  S 315-A. DATABASE AND REPORTING REQUIREMENTS FOR CONTRACTS WITH MINOR-
ITY  AND  WOMEN-OWNED  BUSINESSES.  ALL  STATE AGENCIES SHALL CREATE AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01569-02-1

S. 1080--A                          2

MAINTAIN A DATABASE TO TRACK THE ISSUANCE OF CONTRACTS TO  MINORITY  AND
WOMEN-OWNED  ENTERPRISES.  FOR  PURPOSES  OF THIS SECTION, A MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISE SHALL BE DEFINED AS IN SUBDIVISION FOUR-
TEEN  OF  SECTION  TWELVE  HUNDRED SIXTY-SIX-C OF THE PUBLIC AUTHORITIES
LAW. STATE AGENCIES SHALL  COMPILE  REPORTS  ON  THE  ISSUANCE  OF  SUCH
CONTRACTS  AND THE TOTAL NUMBER OF CONTRACTS AWARDED. SUCH REPORTS SHALL
BE FILED ON A YEARLY BASIS WITH THE DEPARTMENT OF ECONOMIC  DEVELOPMENT,
OFFICE  OF  MINORITY  AND WOMEN-OWNED BUSINESSES AND BE DISPLAYED ON THE
STATE AGENCIES' WEBSITE, PROVIDED HOWEVER, ALL  PROPRIETARY  INFORMATION
SHALL BE KEPT OFFLINE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendment made to article
15-A of the executive law by section two of this act  shall  not  affect
the repeal of such article and shall be deemed repealed therewith.

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Senate Bill S1080A

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

Bill Amendments

2011-S1080 - Details

2011-S1080 - Summary

2011-S1080 - Sponsor Memo

2011-S1080 - Bill Text download pdf

co-Sponsors

2011-S1080A (ACTIVE) - Details

2011-S1080A (ACTIVE) - Summary

2011-S1080A (ACTIVE) - Sponsor Memo

2011-S1080A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S1080A

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

Bill Amendments

2011-S1080 - Details

2011-S1080 - Summary

2011-S1080 - Sponsor Memo

2011-S1080 - Bill Text download pdf

co-Sponsors

Liz Krueger

2011-S1080A (ACTIVE) - Details

2011-S1080A (ACTIVE) - Summary

2011-S1080A (ACTIVE) - Sponsor Memo

2011-S1080A (ACTIVE) - Bill Text download pdf

Comments