NY State Senate Bill 2019-S5338A

Senate Bill S5338A

2019-2020 Legislative Session

Relates to notice to unsuccessful minority- or women-owned business enterprise bidders on state contracts

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 13, 2020	referred to corporations, authorities and commissions delivered to assembly passed senate
Jan 23, 2020	advanced to third reading
Jan 22, 2020	2nd report cal.
Jan 21, 2020	1st report cal.210
Jan 08, 2020	print number 5338a
Jan 08, 2020	amend and recommit to corporations, authorities and commissions referred to corporations, authorities and commissions
Jun 20, 2019	committed to rules
May 22, 2019	advanced to third reading
May 21, 2019	2nd report cal.
May 20, 2019	1st report cal.780
Apr 26, 2019	referred to corporations, authorities and commissions

Votes

- Feb 13, 2020 - Floor Vote
  S5338A
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 13, 2020
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (5)
      
      Gallivan
      
      Jacobs
      
      Ranzenhofer
      
      Seward
      
      Stavisky
  Jan 21, 2020 - Corporations, Authorities And Commissions Committee Vote
  S5338A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Jan 21, 2020
      
      aye (6)
      
      Boyle
      
      Comrie
      
      Gounardes
      
      Mayer
      
      Ramos
      
      Skoufis
      
      aye wr (1)
      
      Ranzenhofer
  May 20, 2019 - Corporations, Authorities And Commissions Committee Vote
  S5338A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 20, 2019
      
      aye (6)
      
      Boyle
      
      Comrie
      
      Gounardes
      
      Mayer
      
      Ramos
      
      Skoufis
      
      aye wr (1)
      
      Ranzenhofer

Bill Amendments

Original

A (Active)

2019-S5338 - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §2879, Pub Auth L; amd §143, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3263
2023-2024: S1087

2019-S5338 - Summary

Requires public corporations and agencies to provide notice to each minority- or women-owned business enterprise that unsuccessfully bid on a contract of the reason or reasons why the business enterprise was unsuccessful in obtaining the contract.

2019-S5338 - Sponsor Memo

2019-S5338 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5338
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 law and the economic development
   law, in relation to requiring  public  corporations  and  agencies  to
   provide  notice  to  each minority- or women-owned business enterprise
   that unsuccessfully bid on a contract of the reason or reasons why the
   business enterprise was unsuccessful in obtaining the contract
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Clause IV of subparagraph (H) of paragraph (j) of subdivi-
 sion 3 of section 2879 of the public authorities law, as added by  chap-
 ter  174  of  the laws of 2010, is amended and a new subparagraph (I) is
 added to read as follows:
   IV. consult the  most  recent  disparity  study  pursuant  to  article
 fifteen-A of the executive law[.]; AND
   (I)  A  REQUIREMENT  THAT,  WITHIN  THIRTY  DAYS  OF THE AWARDING OF A
 CONTRACT, THE CORPORATION AWARDING THE CONTRACT PROVIDE NOTICE  TO  EACH
 MINORITY-  OR WOMEN-OWNED BUSINESS ENTERPRISE THAT UNSUCCESSFULLY BID ON
 THE CONTRACT OF THE REASON OR REASONS WHY THE  BUSINESS  ENTERPRISE  WAS
 UNSUCCESSFUL IN OBTAINING THE CONTRACT.
   §  2. Section 143 of the economic development law is amended by adding
 a new subdivision 5 to read as follows:
   5. WITHIN THIRTY DAYS OF THE AWARDING OF A CONTRACT, THE AGENCY AWARD-
 ING THE CONTRACT SHALL PROVIDE NOTICE TO EACH MINORITY-  OR  WOMEN-OWNED
 BUSINESS  ENTERPRISE  THAT  UNSUCCESSFULLY  BID  ON  THE CONTRACT OF THE
 REASON OR REASONS  WHY  THE  BUSINESS  ENTERPRISE  WAS  UNSUCCESSFUL  IN
 OBTAINING THE CONTRACT.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00305-02-9

co-Sponsors

2019-S5338A (ACTIVE) - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §2879, Pub Auth L; amd §143, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3263
2023-2024: S1087

2019-S5338A (ACTIVE) - Summary

2019-S5338A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5338A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law and the economic development
law, in relation to requiring public corporations and agencies to
provide notice to each minority- or women-owned business enterprise that
unsuccessfully bid on a contract of the reason or reasons why the busi-
ness enterprise was unsuccessful in obtaining the contract

 
PURPOSE:

This bill would require that minority and women-owned businesses be
informed of the reason that they were not awarded a State or municipal
contract.

 
SUMMARY OF PROVISIONS:

Section 1 requires corporations provide notice to each minority or
women-owned business enterprise that unsuccessfully bid on contract(s)

within 30 days of awarding a contract.

Section 2 requires agencies to provide notice to each minority and
women-owned business enterprise that unsuccessfully bid on contract
within 30 days of awarding a contract

Section 3 provides the effective date.

 
JUSTIFICATION:

This bill is intended to improve those businesses that are minority- or
women-owned business enterprises, which have not been successful in
bidding for contracts.  Informing these businesses of underlying, perti-
nent and actionable facts concerning unsuccessful bids would provide
MWBEs an opportunity to better their chances for future success by
implementing the adequate tools, pricing, services, and/or documents
required to be a successful awardee in the future.

 
LEGISLATIVE HISTORY:

2017-18: A.10089; referred to corporations, authorities and
commissions 2019: S.5338/A.1481; passed Senate Corporations, 3rdReading.

 
FISCAL IMPLICATIONS:

To Be Determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S5338A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5338--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and  Commissions  --  recommitted  to  the  Committee on Corporations,
   Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the public authorities law and the economic  development
   law,  in  relation  to  requiring  public corporations and agencies to
   provide notice to each minority- or  women-owned  business  enterprise
   that unsuccessfully bid on a contract of the reason or reasons why the
   business enterprise was unsuccessful in obtaining the contract
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause IV of subparagraph (H) of paragraph (j) of  subdivi-
 sion  3 of section 2879 of the public authorities law, as added by chap-
 ter 174 of the laws of 2010, is amended and a new  subparagraph  (I)  is
 added to read as follows:
   IV.  consult  the  most  recent  disparity  study  pursuant to article
 fifteen-A of the executive law[.]; AND
   (I) A REQUIREMENT THAT, WITHIN  THIRTY  DAYS  OF  THE  AWARDING  OF  A
 CONTRACT,  THE  CORPORATION AWARDING THE CONTRACT PROVIDE NOTICE TO EACH
 MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISE THAT UNSUCCESSFULLY BID  ON
 THE  CONTRACT  OF  THE REASON OR REASONS WHY THE BUSINESS ENTERPRISE WAS
 UNSUCCESSFUL IN OBTAINING THE CONTRACT.
   § 2. Section 143 of the economic development law is amended by  adding
 a new subdivision 6 to read as follows:
   6. WITHIN THIRTY DAYS OF THE AWARDING OF A CONTRACT, THE AGENCY AWARD-
 ING  THE  CONTRACT SHALL PROVIDE NOTICE TO EACH MINORITY- OR WOMEN-OWNED
 BUSINESS ENTERPRISE THAT UNSUCCESSFULLY  BID  ON  THE  CONTRACT  OF  THE
 REASON  OR  REASONS  WHY  THE  BUSINESS  ENTERPRISE  WAS UNSUCCESSFUL IN
 OBTAINING THE CONTRACT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00305-03-0

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