NY State Senate Bill 2015-S5759A

Senate Bill S5759A

2015-2016 Legislative Session

Directs contracting state agencies to develop a growth plan in order to increase participation of MWBEs with respect to state contracts and subcontracts

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2016	print number 5759a
Feb 05, 2016	amend and recommit to finance
Jan 06, 2016	referred to finance
Jun 02, 2015	referred to finance

Bill Amendments

Original

A (Active)

2015-S5759 - Details

See Assembly Version of this Bill:: A6872
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§311 & 315, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3806, A4322
2019-2020: S2216, A5171
2021-2022: S3391, A6615, A10558
2023-2024: S1424, A7810

2015-S5759 - Summary

Directs contracting state agencies to develop a growth plan in order to increase participation of minority- and women-owned businesses with respect to state contracts and subcontracts.

2015-S5759 - Sponsor Memo

                                BILL NUMBER:S5759

TITLE OF BILL:

An act to amend the executive law, in relation to directing
contracting state agencies to develop a growth plan in order to
increase participation of MWBEs with respect to state contracts and
subcontracts

PURPOSE OR GENERAL IDEA OF BILL:

This bill increases Minority and Women-Owned Business Enterprise
participation in state contracts by requiring state agencies to
develop a three year growth plan that determines ways that most
effectively allow for this increase to occur.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 requires all contracting state agencies to develop a three
growth plan that determines their proposed means of promoting MWBE
participation, and to then submit it to the Governor and legislature
as part of New York State's yearly annual report. This report should
also specify the number of actual contracts issues to MWBE's for that
year.

Section 2 defines the effective date of this act.

JUSTIFICATION:

In order to achieve the proposed 30% MWBE goal outlined by Governor.
Cuomo, it is critical that each agency produces a publicly known plan
of action on how it will achieve MWBE funding and procurement. Such a
plan should include recommendations for outreach, funding support,
training and development, joint venture collaboration and calendar.
The plan needs to be submitted and approved by the appropriate
legislative committees impacted by said agency to ensure that it is a
viable plan of action to achieve MWBE participation and success.

PRIOR LEGISLATIVE HISTORY:

Not yet introduced.

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it becomes a
law.

2015-S5759 - Bill Text download pdf

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

                                  5759

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to directing  contracting
  state  agencies  to develop a growth plan in order to increase partic-
  ipation of MWBEs with respect to state contracts and subcontracts

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

  Section  1.  Subdivision  3  of  section  311  of the executive law is
amended by adding a new paragraph (d-1) to read as follows:
  (D-1) TO REQUIRE ALL CONTRACTING STATE AGENCIES  TO  DEVELOP  A  THREE
YEAR  GROWTH  PLAN  TO  DETERMINE  A  MEANS  OF PROMOTING AND INCREASING
PARTICIPATION BY MINORITY-OWNED  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES
WITH  RESPECT  TO  STATE  CONTRACTS AND SUBCONTRACTS. EVERY THREE YEARS,
BEGINNING MAY FIFTEENTH, TWO THOUSAND SIXTEEN,  EACH  CONTRACTING  STATE
AGENCY  SHALL  SUBMIT  A  THREE  YEAR  GROWTH PLAN AS PART OF ITS ANNUAL
REPORT TO THE GOVERNOR AND LEGISLATURE PURSUANT TO SECTION  ONE  HUNDRED
SIXTY-FOUR OF THIS CHAPTER.
  S  2.  Subdivision  5 of section 315 of the executive law, as added by
chapter 175 of the laws of 2010, is amended to read as follows:
  5. Each agency shall include in its annual report to the governor  and
legislature pursuant to section one hundred sixty-four of [the executive
law] THIS CHAPTER its annual goals for contracts with minority-owned and
women-owned  business enterprises, the number of actual contracts issued
to minority-owned and women-owned business enterprises; and a summary of
all waivers of the requirements of subdivisions six and seven of section
three hundred thirteen of this article allowed by the  reporting  agency
during  the  preceding year, including a description of the basis of the
waiver request and the rationale for granting such waiver.  Each  agency
shall  also  include  in  such  annual report whether or not it has been
required to prepare a remedial plan, and, if so, the plan and the extent
to which the agency has complied with each element of  the  plan.  EVERY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09779-03-5

S. 5759                             2

THREE  YEARS, BEGINNING MAY FIFTEENTH, TWO THOUSAND SIXTEEN, EACH AGENCY
SHALL INCLUDE IN SUCH ANNUAL REPORT ITS THREE YEAR GROWTH PLAN  PURSUANT
TO SECTION THREE HUNDRED ELEVEN OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, the amendments to sections 311 and
315 of the executive law made by  sections  one  and  two  of  this  act
respectively, shall not affect the expiration of such sections and shall
be deemed to expire therewith.

2015-S5759A (ACTIVE) - Details

See Assembly Version of this Bill:: A6872
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§311 & 315, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3806, A4322
2019-2020: S2216, A5171
2021-2022: S3391, A6615, A10558
2023-2024: S1424, A7810

2015-S5759A (ACTIVE) - Summary

Directs contracting state agencies to develop a growth plan in order to increase participation of minority- and women-owned businesses with respect to state contracts and subcontracts.

2015-S5759A (ACTIVE) - Sponsor Memo

2015-S5759A (ACTIVE) - Bill Text download pdf

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

                                 5759--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance -- recom-
  mitted to the Committee on Finance 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 executive law, in relation to directing  contracting
  state  agencies  to develop a growth plan in order to increase partic-
  ipation of MWBEs with respect to state contracts and subcontracts

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

  Section  1.  Subdivision  3  of  section  311  of the executive law is
amended by adding a new paragraph (d-1) to read as follows:
  (D-1) TO REQUIRE ALL CONTRACTING STATE AGENCIES  TO  DEVELOP  A  THREE
YEAR  GROWTH  PLAN  TO  DETERMINE  A  MEANS  OF PROMOTING AND INCREASING
PARTICIPATION BY MINORITY-OWNED  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES
WITH  RESPECT  TO  STATE  CONTRACTS AND SUBCONTRACTS. EVERY THREE YEARS,
BEGINNING MAY FIFTEENTH, TWO THOUSAND SEVENTEEN, EACH CONTRACTING  STATE
AGENCY  SHALL  SUBMIT  A  THREE  YEAR  GROWTH PLAN AS PART OF ITS ANNUAL
REPORT TO THE GOVERNOR AND LEGISLATURE PURSUANT TO SECTION  ONE  HUNDRED
SIXTY-FOUR OF THIS CHAPTER.
  S  2.  Subdivision  5 of section 315 of the executive law, as added by
chapter 175 of the laws of 2010, is amended to read as follows:
  5. Each agency shall include in its annual report to the governor  and
legislature pursuant to section one hundred sixty-four of [the executive
law] THIS CHAPTER its annual goals for contracts with minority-owned and
women-owned  business enterprises, the number of actual contracts issued
to minority-owned and women-owned business enterprises; and a summary of
all waivers of the requirements of subdivisions six and seven of section
three hundred thirteen of this article allowed by the  reporting  agency
during  the  preceding year, including a description of the basis of the
waiver request and the rationale for granting such waiver.  Each  agency

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09779-06-6

S. 5759--A                          2

shall  also  include  in  such  annual report whether or not it has been
required to prepare a remedial plan, and, if so, the plan and the extent
to which the agency has complied with each element of  the  plan.  EVERY
THREE YEARS, BEGINNING MAY FIFTEENTH, TWO THOUSAND SEVENTEEN, EACH AGEN-
CY SHALL INCLUDE IN SUCH ANNUAL REPORT ITS THREE YEAR GROWTH PLAN PURSU-
ANT TO SECTION THREE HUNDRED ELEVEN OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, the amendments to sections 311 and
315 of the executive law made by  sections  one  and  two  of  this  act
respectively, shall not affect the expiration of such sections and shall
be deemed to expire therewith.

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