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S03806 Summary:

BILL NOS03806
 
SAME ASSAME AS A04322
 
SPONSORBAILEY
 
COSPNSR
 
MLTSPNSR
 
Amd 311 & 315, Exec L
 
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.
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S03806 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3806
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 27, 2017
                                       ___________
 
        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:
 
     1    Section  1.  Subdivision  3  of  section  311  of the executive law is
     2  amended by adding a new paragraph (d-1) to read as follows:
     3    (d-1) to require all contracting state agencies  to  develop  a  three
     4  year  growth  plan  to  determine  a  means  of promoting and increasing
     5  participation by minority-owned  and  women-owned  business  enterprises
     6  with  respect  to  state  contracts and subcontracts. Every three years,
     7  beginning May fifteenth, two thousand eighteen, each  contracting  state
     8  agency  shall  submit  a  three  year  growth plan as part of its annual
     9  report to the governor and legislature pursuant to section  one  hundred
    10  sixty-four of this chapter.
    11    §  2.  Subdivision  5 of section 315 of the executive law, as added by
    12  chapter 175 of the laws of 2010, is amended to read as follows:
    13    5. Each agency shall include in its annual report to the governor  and
    14  legislature pursuant to section one hundred sixty-four of [the executive
    15  law] this chapter its annual goals for contracts with minority-owned and
    16  women-owned  business enterprises, the number of actual contracts issued
    17  to minority-owned and women-owned business enterprises; and a summary of
    18  all waivers of the requirements of subdivisions six and seven of section
    19  three hundred thirteen of this article allowed by the  reporting  agency
    20  during  the  preceding year, including a description of the basis of the
    21  waiver request and the rationale for granting such waiver.  Each  agency
    22  shall  also  include  in  such  annual report whether or not it has been
    23  required to prepare a remedial plan, and, if so, the plan and the extent
    24  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.
                                                                   LBD00168-01-7

        S. 3806                             2
 
     1  three years, beginning May fifteenth, two thousand eighteen, each agency
     2  shall  include in such annual report its three year growth plan pursuant
     3  to section three hundred eleven of this article.
     4    §  3.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law; provided, however, the amendments to sections 311 and
     6  315 of the executive law made by  sections  one  and  two  of  this  act
     7  respectively, shall not affect the expiration of such sections and shall
     8  be deemed to expire therewith.
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