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Assembly Bill A5139B

2019-2020 Legislative Session

Encourages the participation of minority and women-owned business enterprises in state contracts

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A5139 - Details

See Senate Version of this Bill:
S8767
Current Committee:
Assembly Ways And Means
Law Section:
Executive Law
Laws Affected:
Amd §313, Exec L; amd §139-g, St Fin L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6906
2017-2018: A4430
2021-2022: A6068, S3943
2023-2024: A3852, S1548
2025-2026: A359, S2439

2019-A5139 - Summary

Encourages the participation of minority- and women-owned business enterprises in state contracts by avoiding unnecessary and unjustified bundling of contract requirements that preclude minority- and women-owned business participation.

2019-A5139 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5139
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. BLAKE, BICHOTTE, COOK, JOYNER, MOSLEY, ORTIZ,
   SEAWRIGHT -- Multi-Sponsored by -- M. of A. THIELE --  read  once  and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law and the state finance law, in relation
   to  encouraging the participation of minority and women-owned business
   enterprises in state contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (h) and (i) of subdivision 2-a of section 313 of
 the  executive  law,  as  added  by  chapter 175 of the laws of 2010 are
 amended and a new paragraph (j) is added to read as follows:
   (h) provide for the collection of  statistical  data  by  each  agency
 concerning  actual  minority and women-owned business enterprise partic-
 ipation; [and]
   (i) require each agency to consult the most  current  disparity  study
 when  calculating  agency-wide and contract specific participation goals
 pursuant to this article[.]; AND
   (J) REQUIRE THAT EACH STATE CONTRACT AVOIDS UNNECESSARY  AND  UNJUSTI-
 FIED  BUNDLING  OF  CONTRACT  REQUIREMENTS  THAT  PRECLUDES MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES' PARTICIPATION IN PROCUREMENTS AS PRIME
 CONTRACTORS.
   § 2. Section 139-g of the state finance law is amended by adding a new
 subdivision (e) to read as follows:
   (E) REQUIRE THAT EACH STATE CONTRACT AVOIDS UNNECESSARY  AND  UNJUSTI-
 FIED  BUNDLING  OF CONTRACT REQUIREMENTS THAT PRECLUDES SMALL AND CERTI-
 FIED WOMEN AND MINORITY-OWNED BUSINESS' PARTICIPATION IN PROCUREMENTS AS
 PRIME CONTRACTORS.
   § 3. Subdivision 4 of section 313 of the executive law, as amended  by
 chapter 175 of the laws of 2010, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08797-01-9

co-Sponsors

multi-Sponsors

2019-A5139A - Details

See Senate Version of this Bill:
S8767
Current Committee:
Assembly Ways And Means
Law Section:
Executive Law
Laws Affected:
Amd §313, Exec L; amd §139-g, St Fin L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6906
2017-2018: A4430
2021-2022: A6068, S3943
2023-2024: A3852, S1548
2025-2026: A359, S2439

2019-A5139A - Summary

Encourages the participation of minority- and women-owned business enterprises in state contracts by avoiding unnecessary and unjustified bundling of contract requirements that preclude minority- and women-owned business participation.

2019-A5139A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5139--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. BLAKE, BICHOTTE, COOK, JOYNER, MOSLEY, ORTIZ,
   SEAWRIGHT, DICKENS, ARROYO, SAYEGH -- Multi-Sponsored by -- M.  of  A.
   THIELE  --  read  once  and  referred to the Committee on Governmental
   Operations -- recommitted to the Committee on Governmental  Operations
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN ACT to amend the executive law and the state finance law, in relation
   to  encouraging the participation of minority and women-owned business
   enterprises in state contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2-a  of  section 313 of the executive law is
 amended by adding a new paragraph (k) to read as follows:
   (K) REQUIRE THAT EACH STATE CONTRACT AVOIDS UNNECESSARY  AND  UNJUSTI-
 FIED  BUNDLING  OF  CONTRACT  REQUIREMENTS  THAT  PRECLUDES MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES' PARTICIPATION IN PROCUREMENTS AS PRIME
 CONTRACTORS.
   § 2. Section 139-g of the state finance law is amended by adding a new
 subdivision (e) to read as follows:
   (E) REQUIRE THAT EACH STATE CONTRACT AVOIDS UNNECESSARY  AND  UNJUSTI-
 FIED  BUNDLING  OF CONTRACT REQUIREMENTS THAT PRECLUDES SMALL AND CERTI-
 FIED WOMEN AND MINORITY-OWNED BUSINESS' PARTICIPATION IN PROCUREMENTS AS
 PRIME CONTRACTORS.
   § 3. Subdivision 4 of section 313 of the executive law, as amended  by
 chapter 96 of the laws of 2019, is amended to read as follows:
   4. In the implementation of this section, the contracting agency shall
 (a) consult the findings contained within the disparity study evidencing
 relevant  industry  specific  disparities in the utilization of minority
 and women-owned businesses relative to their availability;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08797-02-0

co-Sponsors

multi-Sponsors

2019-A5139B (ACTIVE) - Details

See Senate Version of this Bill:
S8767
Current Committee:
Assembly Ways And Means
Law Section:
Executive Law
Laws Affected:
Amd §313, Exec L; amd §139-g, St Fin L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6906
2017-2018: A4430
2021-2022: A6068, S3943
2023-2024: A3852, S1548
2025-2026: A359, S2439

2019-A5139B (ACTIVE) - Summary

Encourages the participation of minority- and women-owned business enterprises in state contracts by avoiding unnecessary and unjustified bundling of contract requirements that preclude minority- and women-owned business participation.

2019-A5139B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5139--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. BLAKE, BICHOTTE, COOK, JOYNER, MOSLEY, ORTIZ,
   SEAWRIGHT, DICKENS, ARROYO, SAYEGH -- Multi-Sponsored by -- M.  of  A.
   THIELE  --  read  once  and  referred to the Committee on Governmental
   Operations -- recommitted to the Committee on Governmental  Operations
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  again  reported  from  said  committee with amendments,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law and the state finance law, in relation
   to encouraging the participation of minority and women-owned  business
   enterprises in state contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 313  of  the  executive  law  is
 amended by adding a new paragraph (k) to read as follows:
   (K)  REQUIRE  THAT EACH STATE CONTRACT AVOIDS UNNECESSARY AND UNJUSTI-
 FIED BUNDLING OF  CONTRACT  REQUIREMENTS  THAT  PRECLUDES  MINORITY  AND
 WOMEN-OWNED BUSINESS ENTERPRISES' PARTICIPATION IN PROCUREMENTS AS PRIME
 CONTRACTORS.   FOR PURPOSES OF THIS PARAGRAPH, "UNNECESSARY AND UNJUSTI-
 FIED" SHALL MEAN NOT REQUIRED, NOT NEEDED AND WITH NO LEGITIMATE REASON.
   § 2. Section 139-g of the state finance law is amended by adding a new
 subdivision (e) to read as follows:
   (E) REQUIRE THAT EACH STATE CONTRACT AVOIDS UNNECESSARY  AND  UNJUSTI-
 FIED  BUNDLING  OF CONTRACT REQUIREMENTS THAT PRECLUDES SMALL AND CERTI-
 FIED WOMEN AND MINORITY-OWNED BUSINESS' PARTICIPATION IN PROCUREMENTS AS
 PRIME CONTRACTORS.  FOR PURPOSES OF THIS SUBDIVISION,  "UNNECESSARY  AND
 UNJUSTIFIED"  SHALL MEAN NOT REQUIRED, NOT NEEDED AND WITH NO LEGITIMATE
 REASON.
   § 3. Subdivision 4 of section 313 of the executive law, as amended  by
 chapter 96 of the laws of 2019, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08797-04-0

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