Assembly Bill A3852

2023-2024 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

  • 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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2023-A3852 (ACTIVE) - Details

See Senate Version of this Bill:
S1548
Current Committee:
Assembly Governmental Operations
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
2019-2020: A5139, S8767
2021-2022: A6068, S3943
2025-2026: A359

2023-A3852 (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.

2023-A3852 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3852
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee 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. 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:
   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;
   (b) implement a program that will enable the agency to  evaluate  each
 contract  to determine the appropriate goal for participation by minori-
 ty-owned business enterprises and women-owned business enterprises; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03645-01-3

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