NY State Senate Bill 2019-S2216

Senate Bill S2216

2019-2020 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Jan 23, 2019	referred to finance

2019-S2216 (ACTIVE) - Details

See Assembly Version of this Bill:: A5171
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§311 & 315, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5759, A6872
2017-2018: S3806, A4322
2021-2022: S3391, A6615, A10558
2023-2024: S1424, A7810

2019-S2216 (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.

2019-S2216 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2216

SPONSOR: BAILEY
 
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 partic-
ipation 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 MWEE'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 MWEE participation and success.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.3606/A.4322(Blae)- Referred to Finance

FISCAL IMPLICATIONS:

To be determined

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

2019-S2216 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2216
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  TWENTY,  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.
   §  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.

                                                            LBD05475-01-9

 S. 2216                             2
 
 THREE  YEARS,  BEGINNING MAY FIFTEENTH, TWO THOUSAND TWENTY, EACH AGENCY
 SHALL INCLUDE IN SUCH ANNUAL REPORT ITS THREE YEAR GROWTH PLAN  PURSUANT
 TO SECTION THREE HUNDRED ELEVEN OF THIS ARTICLE.
   §  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.