New York State Assembly

 
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A10744 Summary:

A10744 Actions:

A10744 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:06/06/2018AYE/NAY:14/0  Action: Favorable refer to committee Rules        
Peoples-Stokes
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Glick
Aye
Lalor
Aye
Kim
Aye
Byrne
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye

Committee:RULES   Chair:Heastie      
DATE:06/11/2018AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Excused
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A10744 Floor Votes:

A10744 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10744--A
                                                                   R. R. 127
 
                   IN ASSEMBLY
 
                                      May 16, 2018
                                       ___________
 
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Governmental Operations -- reported and referred  to  the
          Committee  on  Rules  --  ordered to a third reading -- amended on the
          special order of third reading, ordered reprinted as amended,  retain-
          ing its place on the special order of third reading

        AN  ACT to amend the executive law, in relation to certification classi-
          fications for businesses owned by minority group members or women
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 314 of the executive law is amended by adding a new
     2  subdivision 6 to read as follows:
     3    6.  (a)  The  director  shall  establish  by  regulation an additional
     4  certification classification for  minority  and  women-owned  businesses
     5  which  are  ineligible for certification pursuant to this section due to
     6  exceeding the personal net worth or small business thresholds; provided,
     7  however, that all other eligibility requirements pursuant to subdivision
     8  seven or fifteen of section three hundred ten of this article, as appli-
     9  cable, are satisfied.  Such  regulations  shall  not  impose  additional
    10  thresholds  on  personal net worth or the size of such businesses.  Such
    11  additional certification classifications shall be listed  separately  in
    12  the  directory  of certified businesses required to be prepared pursuant
    13  to this section.    Regulations  for  the  certification  classification
    14  established  pursuant  to  this  subdivision shall require each business
    15  seeking certification to demonstrate that it  engages  in,  and  signif-
    16  icantly invests in, diversity practices.
    17    (b)  For  purposes of this subdivision, the term "diversity practices"
    18  shall include, but not be limited to:
    19    (i) the inclusion of minority and women-owned business enterprises  in
    20  procurement opportunities within such business;
    21    (ii)  joint  ventures  between  such  business  and other minority and
    22  women-owned business enterprises;
    23    (iii) trainings, workshops or  mentoring  programs  conducted  by  the
    24  business for other minority and women-owned business enterprises; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15809-05-8
        A. 10744--A                         2
 
     1    (iv) job training and apprenticeship programs conducted by the minori-
     2  ty  and  women-owned  business  that  result in a more diverse workforce
     3  within such business.
     4    §  2.  Paragraphs (h) and (i) of subdivision 2-a of section 313 of the
     5  executive law, as added by chapter 175 of the laws of 2010, are  amended
     6  and a new paragraph (j) is added to read as follows:
     7    (h)  provide  for  the  collection  of statistical data by each agency
     8  concerning actual minority and women-owned business  enterprise  partic-
     9  ipation; [and]
    10    (i)  require  each  agency to consult the most current disparity study
    11  when calculating agency-wide and contract specific  participation  goals
    12  pursuant to this article[.]; and
    13    (j)  require  that businesses certified pursuant to subdivision six of
    14  section three hundred fourteen  of  this  article  are  utilized  toward
    15  contract  solicitation  goals  after  opportunities  to  meet such goals
    16  through contracts with other businesses certified pursuant to this arti-
    17  cle have been exhausted by commercially reasonable methods.
    18    § 3. Section 313 of the executive law  is  amended  by  adding  a  new
    19  subdivision 6-a to read as follows:
    20    6-a.  Prior to requesting a partial or total waiver pursuant to subdi-
    21  vision six of this section, a contractor shall seek to comply  with  the
    22  minority  and  women-owned  business  enterprise  participation goals by
    23  making a good faith effort to contract with a business  in  the  certif-
    24  ication  classification  established  pursuant  to  subdivision  six  of
    25  section three hundred fourteen of this article.
    26    § 4. This act shall take effect immediately; provided,  however,  that
    27  the  amendments  to  article  15-A of the executive law made by sections
    28  one, two and three of this act shall not affect the expiration  of  such
    29  article and shall be deemed to expire therewith.