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A05171 Summary:

BILL NOA05171
 
SAME ASSAME AS S02216
 
SPONSORBlake (MS)
 
COSPNSRColton, Mosley, Barron, Cook, Joyner, Seawright, Rodriguez, Bichotte, Hyndman, Arroyo
 
MLTSPNSRPeoples-Stokes, Sayegh, Thiele
 
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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A05171 Actions:

BILL NOA05171
 
02/07/2019referred to governmental operations
01/08/2020referred to governmental operations
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A05171 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5171
 
SPONSOR: Blake (MS)
  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 partic- ipation 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: 2015-16 A.6872-A Passed Assembly S.5759 Referred to Finance   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE:
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A05171 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5171
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  BLAKE, COLTON, MOSLEY, BARRON, COOK, JOYNER,
          SEAWRIGHT, RODRIGUEZ, BICHOTTE, HYNDMAN -- Multi-Sponsored by -- M. of
          A.  PEOPLES-STOKES, THIELE -- read once and referred to the  Committee
          on Governmental Operations
 
        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 twenty, 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05475-01-9

        A. 5171                             2
 
     1  required to prepare a remedial plan, and, if so, the plan and the extent
     2  to  which  the  agency has complied with each element of the plan. Every
     3  three years, beginning May fifteenth, two thousand twenty,  each  agency
     4  shall  include in such annual report its three year growth plan pursuant
     5  to section three hundred eleven of this article.
     6    § 3. This act shall take effect on the ninetieth day  after  it  shall
     7  have become a law; provided, however, the amendments to sections 311 and
     8  315  of  the  executive  law  made  by  sections one and two of this act
     9  respectively, shall not affect the expiration of such sections and shall
    10  be deemed to expire therewith.
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