New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A00702 Summary:

A00702 Actions:

A00702 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:04/25/2017AYE/NAY:13/0  Action: Favorable refer to committee Codes        
Peoples-Stokes
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Benedetto
Aye
Lalor
Aye
Glick
Aye
Byrne
Aye
Kim
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Excused
Hyndman
Aye
Lentol
Aye

Committee:CODES   Chair:Lentol      
DATE:05/02/2017AYE/NAY:20/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Excused
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:05/23/2017AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Excused
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Excused
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:05/23/2017AYE/NAY:32/1  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Nay
Weinstein
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Excused
Rozic
Aye

A00702 Floor Votes:

A00702 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           702
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law and the state finance law, in relation
          to minority  and  women-owned  business  enterprises  post  completion
          certification,  duties  of  the director and creating the minority and
          women-owned business enterprise fund
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The executive law is amended by adding a new section 314-a
     2  to read as follows:
     3    § 314-a. Post completion certification. The director, in collaboration
     4  with the division of minority and women's business development  and  the
     5  department  of  small  business  services,  shall  develop the following
     6  standardized certification forms that must be completed under penalty of
     7  perjury prior to the prime contractor being paid:
     8    1. certification from a representative of the  prime  contractor  that
     9  the  minority  or  women-owned business enterprise in fact performed the
    10  services or provided the materials that they were contracted to  perform
    11  or provide; and
    12    2.  certification from a representative of the minority or women-owned
    13  business enterprise that they in fact performed the services or provided
    14  the materials that they were contracted to perform or provide.
    15    § 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
    16  the  executive law, paragraph (f) as added by chapter 261 of the laws of
    17  1988, paragraph (h) as amended and paragraph (i) as added by  section  1
    18  of  part BB of chapter 59 of the laws of 2006, are amended and three new
    19  paragraphs (j), (k) and (l) are added to read as follows:
    20    (f) to prepare and update periodically a directory of certified minor-
    21  ity and women-owned business enterprises which shall, wherever practica-
    22  ble, be divided into categories of labor, services, supplies, equipment,
    23  materials and recognized construction trades and  which  shall  indicate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04010-01-7
        A. 702                              2
 
     1  areas  or locations of the state where such enterprises are available to
     2  perform services, and to use this  information  to  create  an  internet
     3  based,  searchable, centralized state registry detailing certifications,
     4  denials,  waivers  and  all  documents  submitted during the life of the
     5  contract;
     6    (h) notwithstanding the provisions of section two  hundred  ninety-six
     7  of  this  chapter,  to  file  a  complaint pursuant to the provisions of
     8  section two hundred ninety-seven of this chapter where the director  has
     9  knowledge  that  a  contractor may have violated the provisions of para-
    10  graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
    11  six  of  this  chapter  where  such  violation is unrelated, separate or
    12  distinct from the state contract as expressed by its terms; [and]
    13    (i) to streamline the state certification process  to  accept  federal
    14  and municipal corporation certifications[.];
    15    (j) to perform inspections of minority or women-owned business's place
    16  of business, warehouse or storage facility to confirm the existence of a
    17  workforce, equipment and supplies;
    18    (k)  to perform inspections of financial records of minority or women-
    19  owned business enterprises to ensure such enterprises are in  compliance
    20  with applicable laws; and
    21    (l)  to  ensure  the  protection  of  individuals who report suspected
    22  violations of this article and applicable laws related to  minority  and
    23  women-owned business enterprises.
    24    §  3.  Subdivision  1 of section 314 of the executive law, as added by
    25  chapter 261 of the laws of 1988, is amended to read as follows:
    26    1. The director shall promulgate rules and regulations  providing  for
    27  the  establishment  of a statewide certification program including rules
    28  and regulations governing the approval, denial or revocation of any such
    29  certification, including revocations for felony convictions for  fraudu-
    30  lently  misrepresenting  the  status of minority or women-owned business
    31  enterprises.   Such rules and regulations  shall  include,  but  not  be
    32  limited  to,  such  matters as may be required to ensure that the estab-
    33  lished procedures thereunder shall at least be in  compliance  with  the
    34  code  of  fair procedure set forth in section seventy-three of the civil
    35  rights law, and consistent with the provisions of article twenty-three-A
    36  of the correction law.
    37    § 4. Section 316 of the executive law, as amended by  chapter  175  of
    38  the laws of 2010, is amended to read as follows:
    39    § 316. Enforcement.  1. Upon receipt by the director of a complaint by
    40  a contracting agency that a contractor has violated the provisions of  a
    41  state contract which have been included to comply with the provisions of
    42  this  article  or of a contractor that a contracting agency has violated
    43  such provisions or has failed or refused to issue a waiver where one has
    44  been applied for pursuant to subdivision six of  section  three  hundred
    45  thirteen  of  this  article or has denied such application, the director
    46  shall attempt to resolve the matter giving rise to  such  complaint.  If
    47  efforts  to  resolve  such matter to the satisfaction of all parties are
    48  unsuccessful, the director shall refer the matter, within thirty days of
    49  the receipt of the complaint, to the division's hearing  officers.  Upon
    50  conclusion  of  the  administrative  hearing,  the hearing officer shall
    51  submit to the  director  his  or  her  decision  regarding  the  alleged
    52  violation  of  the contract and recommendations regarding the imposition
    53  of sanctions, fines or penalties.  The  director,  within  ten  days  of
    54  receipt  of  the decision, shall file a determination of such matter and
    55  shall cause a copy of such determination along with a copy of this arti-
    56  cle to be served upon the contractor by personal service or by certified
        A. 702                              3
 
     1  mail return receipt requested. The decision of the hearing officer shall
     2  be final and may only be vacated or  modified  as  provided  in  article
     3  seventy-eight  of  the  civil practice law and rules upon an application
     4  made  within the time provided by such article. The determination of the
     5  director as to the imposition of any fines, sanctions or penalties shall
     6  be reviewable pursuant to article seventy-eight of  the  civil  practice
     7  law and rules. The penalties imposed for any violation which is premised
     8  upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
     9  contractor or the contractor's willful and intentional disregard of  the
    10  minority  and  women-owned  participation  requirement  included  in the
    11  contract may include a determination that the contractor shall be ineli-
    12  gible to submit a bid to any contracting agency or be awarded  any  such
    13  contract  for a period not to exceed one year following the final deter-
    14  mination; provided however, if a contractor has previously  been  deter-
    15  mined  to  be  ineligible  to submit a bid pursuant to this section, the
    16  penalties imposed for any subsequent violation, if such violation occurs
    17  within five years of the first violation, may  include  a  determination
    18  that the contractor shall be ineligible to submit a bid to any contract-
    19  ing  agency  or  be awarded any such contract for a period not to exceed
    20  five years following the final determination. The division  of  minority
    21  and  women's  business  development shall maintain a website listing all
    22  contractors that have been deemed ineligible to submit a bid pursuant to
    23  this section and the date after which each contractor shall  once  again
    24  become eligible to submit bids.
    25    2.  Any  fines,  or portion thereof, imposed pursuant to the foregoing
    26  subdivision, or imposed by a court of competent jurisdiction related  to
    27  convictions involving fraud related to this article or otherwise involv-
    28  ing  a  minority  or women-owned business enterprise, may be required by
    29  the entity imposing such fines to be paid to  the  minority  and  women-
    30  owned  business  enterprise fund established pursuant to section ninety-
    31  seven-j of the state finance law.
    32    § 5. The state finance law is amended by adding a new section 97-j  to
    33  read as follows:
    34    § 97-j. Minority and women-owned business enterprise fund. 1. There is
    35  hereby established in the joint custody of the state comptroller and the
    36  commissioner  of  taxation and finance a special fund to be known as the
    37  "minority and women-owned business enterprise fund".
    38    2. Such funds shall consist of all moneys appropriated for the purpose
    39  of such fund, all moneys transferred or paid to such  fund  pursuant  to
    40  law,  including  pursuant to section three hundred sixteen of the execu-
    41  tive law, and contributions consisting of grants,  including  grants  or
    42  other  financial assistance from any agency of government and all moneys
    43  required by the provisions of this section or any other law to  be  paid
    44  into or credited to this fund.
    45    3.  Monies  of  the  fund, following appropriation by the legislature,
    46  shall be expended to acquire software, employ personnel to audit, inves-
    47  tigate and prosecute minority and women-owned business enterprise  fraud
    48  and  to underwrite minority and women-owned business enterprise programs
    49  to assist minority and  women  business  enterprise  owners  to  develop
    50  sustainable businesses.
    51    §  6.  This act shall take effect immediately, provided, however, that
    52  the amendments to article 15-A of the executive  law  made  by  sections
    53  one, two, three, and four of this act shall not affect the expiration of
    54  such article and shall be deemed to expire therewith.