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A01626 Summary:

BILL NOA01626
 
SAME ASSAME AS S02841
 
SPONSORMosley
 
COSPNSR
 
MLTSPNSR
 
Add 2807, Pub Auth L; add 315-a, Exec L
 
Requires the creation of a database to track the issuance of contracts by public authorities and state agencies with minority and women-owned businesses.
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A01626 Actions:

BILL NOA01626
 
01/12/2017referred to corporations, authorities and commissions
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A01626 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1626
 
SPONSOR: Mosley
  TITLE OF BILL: An act to amend the public authorities law and the executive law, in relation to database and reporting requirements for contracts with minority and women-owned businesses   PURPOSE OR GENERAL IDEA: To require state agencies and Class A. and B public authorities, and public benefit corporations, to implement databases and reporting for contracts with minority and women-owned businesses.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the public authorities law by adding a new section 2807, which creates a duty for every state authority to create and main- tain databases to track the issuance of contracts to minority and women-owned business enterprises (MBEs), to report upon such contracts. Section 2 amends the executive law by adding a new section 315-a, which creates a duty for state agencies to create and maintain databases to track the issuance of contracts to minority and women-owned business enterprises (MWBEs), to report upon such contracts. Section 3: This act shall take effect on the 90th day after it shall have become a law; with provisions.   JUSTIFICATION: On March 3, 2010 the New York State Senate Minority and Women-Owned Business Enterprise (MWBE) Task Force held a hearing to inquire into the status of State contracting with MBEs, and reporting upon such activity. A number of common themes arose during the hearing, but one particularly important issue cited by the witnesses was the need for software that tracks MWBE goals. The Green American Public Private Partnership (Green America), for example, testified to wide disparities between MBE goals and oversight of such goals. One example used was New York City's (NYC) annual value of prime contracts, which total roughly $359 million. Under NYC's announced MWBE prime contract goal, NYC would be expected to let approximately $107 million of contracts to MWBEs, however only $14.9 million of such contracts were awarded in 2009. The conclusion of the Department of Small Business Services, which audited NYC's MWBE program, was that self-monitoring by agencies of MWBE compliance was inadequate. Other witnesses, such DWM Business Associates, LLC, also pointed to the need for greater focus upon compliance and reporting issues.   TITLE OF BILL: An act to amend the public authorities law and the executive law, in relation to database and reporting requirements for contracts with minority and women-owned businesses This legislation will require state agencies and public authorities to track the issuance of MWBE contracts, report upon the award of such contracts, and post the information on their web sites. This large step forward in tracking and compliance reporting will vastly increase the transparency and accountability of MWBE contracting by state entities in New York. Furthermore, such a requirement should place small or no addi- tional burden(s) upon agencies and authorities. The Metropolitan Trans- portation Authority (MTA), for example, stated that it is already investing in MWBE software so it can track MWBE goals in real time, so if prime contractors do not meet their goals, the MTA's compliance unit can act without delay. In addition, the Office of General Services (OGS) noted the new requirement established by chapter 429 of 2009, requiring agencies to post their MWBE utilization plans on their websites, which is theorized to be complementary to the requirements of this legis- lation.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE:
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A01626 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1626
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced by M. of A. MOSLEY -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN  ACT  to  amend  the public authorities law and the executive law, in
          relation to database and reporting  requirements  for  contracts  with
          minority and women-owned businesses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 2807 to read as follows:
     3    § 2807. Database and reporting requirements for contracts with minori-
     4  ty  and  women-owned  businesses.    Every  state authority continued or
     5  created by this chapter or any other chapter of the laws of the state of
     6  New York shall create and maintain a database to track the  issuance  of
     7  contracts  to minority and women-owned enterprises. For purposes of this
     8  section, a minority or women-owned business enterprise shall be  defined
     9  as  in section three hundred fourteen of the executive law.  Every state
    10  authority continued or created by this chapter or any other  chapter  of
    11  the  laws of the state of New York shall compile reports on the issuance
    12  of such contracts and  the  total  number  of  contracts  awarded.  Such
    13  reports  shall  be  filed on a yearly basis with the authorities, budget
    14  office, department of economic development, and office of  minority  and
    15  women-owned  businesses  and  be  displayed on the public authorities or
    16  public benefit corporation's website and the website of the authorities'
    17  budget office, provided, however that all proprietary information  shall
    18  be kept offline.
    19    §  2.  The  executive  law is amended by adding a new section 315-a to
    20  read as follows:
    21    § 315-a. Database and reporting requirements for contracts with minor-
    22  ity and women-owned businesses. All  state  agencies  shall  create  and
    23  maintain  a  database to track the issuance of contracts to minority and
    24  women-owned enterprises. For purposes of this  section,  a  minority  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04015-01-7

        A. 1626                             2
 
     1  women-owned  business  enterprise  shall  be defined as in section three
     2  hundred fourteen of this article.  State agencies shall compile  reports
     3  on  the  issuance  of  such  contracts and the total number of contracts
     4  awarded.  Such reports shall be filed on a yearly basis with the depart-
     5  ment of economic development, office of minority and  women-owned  busi-
     6  nesses  and be displayed on the state agencies' website, provided howev-
     7  er, all proprietary information shall be kept offline.
     8    § 3. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law; provided, however, that the amendment made to article
    10  15-A  of  the  executive law by section two of this act shall not affect
    11  the expiration of such article and shall be deemed repealed therewith.
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