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A4092Assembly2009-2010 SessionSame asS1787

Requires agencies to post contractor utilization plans on the agency website

Sponsor Joan MillmanAD-52+2 co-sponsorsAffects Finance
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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History

  1. Signed chap.429
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 58–0
  5. 3rd reading cal.483
  6. Substituted for S1787
  7. Referred to finance
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.158
  11. Reported
  12. Referred to governmental operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1787Senate

Requires agencies to post contractor utilization plans on the agency website

Senate Floor Calendar · Sponsor Andrea Stewart-Cousins

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A4092

Title of bill

An act to amend the executive law, in relation to contractor utilization plans

Purpose or general idea of bill

To require contracting agencies to post minority and women-owned busi- ness utilization plans on agency websites

Summary of specific provisions

Amends section 313 of the Executive law to require posting of contractor utilizations plans

Justification

Utilization plans listing the certified minority and women-owned subcon- tractors that the prime contractor will use to fill minority and women- owned business enterprise goals are required by Article 15-a for construction contracts over $100,000.

At recent Assembly hearings in Buffalo, Utica and NYC, minority and women contractors testified that often they are contacted by contractors and told that they will be listed as subcontractors for a certain amount, but the actual job - and payment - either does not materialize, or is much smaller than promised.

Prime contractors list them to fulfill agency goal requirements on paper, but do not follow through. Posting the utilization plans, along with waivers granted to contractors from meeting agency goals, on agency websites would enable subcontractors to verify that good faith efforts were made to achieve MWBE participation, and to identify and notify agency construction managers about discrepancies between planned and actual utilization, thus assisting the agency compliance review process.

Prior legislative history

2008: A.3330/S.5197

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.