Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 06, 2022 |
approval memo.18 signed chap.567 |
Oct 05, 2022 |
delivered to governor |
Jun 01, 2022 |
returned to assembly passed senate 3rd reading cal.599 substituted for s3390a |
Jun 01, 2022 |
substituted by a9259a |
May 09, 2022 |
amended on third reading 3390a |
Mar 07, 2022 |
advanced to third reading |
Mar 03, 2022 |
2nd report cal. |
Mar 02, 2022 |
1st report cal.599 |
Jan 05, 2022 |
referred to procurement and contracts |
Mar 09, 2021 |
reported and committed to finance |
Jan 29, 2021 |
referred to procurement and contracts |
Senate Bill S3390A
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D) 36th Senate District
Archive: Last Bill Status Via A9259 - Signed by Governor
- 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
Actions
Votes
Bill Amendments
co-Sponsors
(D) 61st Senate District
2021-S3390 - Details
2021-S3390 - Summary
Requires post completion certifications to be completed, under penalty of perjury, that the MWBE performed the work, performed the services, or delivered the materials; requires that the division of minority and women's business development create an internet registry, and perform inspections of MWBEs to weed out fraud and abuse; requires that additional regulations be adopted related to revocations of certifications for felony convictions for fraudulently misrepresenting the status of an MWBE; permits a court to issue fines double the amount that should have been paid to an MWBE upon conviction for felony fraud related to the MWBE program.
2021-S3390 - Sponsor Memo
BILL NUMBER: S3390 SPONSOR: BAILEY TITLE OF BILL: An act to amend the executive law and the state finance law, in relation to minority and women-owned business enterprises post completion certif- ication, duties of the director and creating the minority and women- owned business enterprise fund PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to reduce fraud and misuse of the minority and women-owned business enterprise (MWBE) program. SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires post completion certifications to be completed, under penalty of perjury, that the MWBE actually performed the work, performed the services, or delivered the materials. Section 2 requires the division of minority and women's business devel-
2021-S3390 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3390 2021-2022 Regular Sessions I N S E N A T E January 29, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts AN ACT to amend the executive law and the state finance law, in relation to minority and women-owned business enterprises post completion certification, duties of the director and creating the minority and women-owned business enterprise fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 314-a to read as follows: § 314-A. POST COMPLETION CERTIFICATION. THE DIRECTOR, IN COLLABORATION WITH THE DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT AND THE DEPARTMENT OF SMALL BUSINESS SERVICES, SHALL DEVELOP THE FOLLOWING STANDARDIZED CERTIFICATION FORMS THAT MUST BE COMPLETED UNDER PENALTY OF PERJURY PRIOR TO THE PRIME CONTRACTOR BEING PAID: 1. CERTIFICATION FROM A REPRESENTATIVE OF THE PRIME CONTRACTOR THAT THE MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATERIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE; AND 2. CERTIFICATION FROM A REPRESENTATIVE OF THE MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATERIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE. § 2. Paragraphs (f) and (j) of subdivision 3 of section 311 of the executive law, as amended by chapter 96 of the laws of 2019, are amended and three new paragraphs (k), (l) and (m) are added to read as follows: (f) to prepare and update, no less than annually, a directory of certified minority and women-owned business enterprises which shall, wherever practicable, be divided into categories of labor, services, supplies, equipment, materials and recognized construction trades and which shall indicate areas or locations of the state where such enter- prises are available to perform services, AND TO USE THIS INFORMATION TO CREATE AN INTERNET BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAIL- ING CERTIFICATIONS, DENIALS, WAIVERS AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
co-Sponsors
(D) 61st Senate District
2021-S3390A (ACTIVE) - Details
2021-S3390A (ACTIVE) - Summary
Requires post completion certifications to be completed, under penalty of perjury, that the MWBE performed the work, performed the services, or delivered the materials; requires that the division of minority and women's business development create an internet registry, and perform inspections of MWBEs to weed out fraud and abuse; requires that additional regulations be adopted related to revocations of certifications for felony convictions for fraudulently misrepresenting the status of an MWBE; permits a court to issue fines double the amount that should have been paid to an MWBE upon conviction for felony fraud related to the MWBE program.
2021-S3390A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3390A SPONSOR: BAILEY TITLE OF BILL: An act to amend the executive law and the state finance law, in relation to minority and women-owned business enterprises post completion certif- ication, duties of the director and creating the minority and women- owned business enterprise fund PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to reduce fraud and misuse of the minority and women-owned business enterprise (MWBE) program. SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires post completion certifications to be completed, under penalty of perjury, that the MWBE actually performed the work, performed the services, or delivered the materials. Section 2 requires the division of minority and women's business devel-
2021-S3390A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3390--A Cal. No. 599 2021-2022 Regular Sessions I N S E N A T E January 29, 2021 ___________ Introduced by Sens. BAILEY, RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts -- recommitted to the Committee on Procurement and Contracts in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the executive law and the state finance law, in relation to minority and women-owned business enterprises post completion certification, duties of the director and creating the minority and women-owned business enterprise fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 314-a to read as follows: § 314-A. POST COMPLETION CERTIFICATION. THE DIRECTOR, IN COLLABORATION WITH THE DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT AND THE DEPARTMENT OF SMALL BUSINESS SERVICES, SHALL DEVELOP THE FOLLOWING STANDARDIZED CERTIFICATION FORMS THAT MUST BE COMPLETED UNDER PENALTY OF PERJURY PRIOR TO THE PRIME CONTRACTOR BEING PAID: 1. CERTIFICATION FROM A REPRESENTATIVE OF THE PRIME CONTRACTOR THAT THE MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATERIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE; AND 2. CERTIFICATION FROM A REPRESENTATIVE OF THE MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATERIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE. § 2. Paragraphs (f) and (j) of subdivision 3 of section 311 of the executive law, paragraph (f) as amended by chapter 96 of the laws of 2019 and paragraph (j) as amended by chapter 825 of the laws of 2021, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03040-05-2
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