Directs New York state urban development corporation to implement affirmative action programs for women and women-owned businesses to afford equal opportunity

3 Co-sponsors

• Martin Malavé Dilan
• Kevin S. Parker
• John L. Sampson

BILL NUMBER:S2965

Title of bill

An act to amend the New York state urban development corporation act, in relation to certain employment discrimination

Summary of provisions

The purpose of this bill is to authorize the New York State Urban Development Corporation (UDC) and its subsidiaries to take affirmative action an behalf of women and women-owned business enterprises. In Section 1 of the bill, the Legislature finds and declares that women and women-owned business enterprises have been the victim of past discrimination, that they have been denied equal opportu- nity to participate in and contribute to the State's economy, that the State has a compelling interest in eradicating the effects of such past discrimination and that in some instances the effects of such discrimi- nation can only be overcome by the use of numerical goals and other temporary preferential methods. The Legislature also finds that the UDC has the expertise necessary to gather data concerning discrimination and to formulate and implement effective affirmative action programs in accordance with such information.

Section 2 provides that this bill is to be deemed an exercise of the police and procurement powers and in fulfillment of the State Consti- tution's provisions regarding civil rights. Section 3 provides, in summary, as follows: 1. The UDC Act (Unconsolidated Laws, sections 6251 through 6285) is amended by adding a new section 4 which directs the UDC to take affirmative action on behalf of women and women-owned business enterprises. 2. In areas where its projects are located, UDC is author- ized to make findings with respects to the effects of past discrimi- nation against women. 3. UDC is authorized to take such remedial meas- ures to achieve and maintain equal employment and business opportunities as it deems necessary and appropriate. Such actions may include the establishment of counseling and training programs, affirmative recruit- ment and community liaison efforts and the temporary use of numerical goals and special bid conditions. 4. No remedial measure may mandate the discharge of any work because of sex. 5. In instances where public bidding is required, UDC is directed to consider the ability and the willingness of a bidder to provide for the participation of women and women-owned business enterprises in determining whether the bidder is responsible. 6. UDC and its subsidiaries are authorized to require that any person or entity involved in a UDC project comply with its affirma- tive action program. 7. UDC is required to include in its annual report a description of its activities under section 4{ 12) and is authorized to promulgate regulations to effect the purposes of the bill.

Justification

Existing law does not contain a sufficient basis for the establishment of affirmative action programs to increase the level of participation by women and women-owned business enterprises where such programs include the use of numerical goals and other temporary prefer- ential methods.

This bill is intended to remedy this situation and provide the appropri- ate legislative authority for UDC to implement affirmative action programs for women and women-owned business enterprises containing such provisions.

Legislative history

03/16/09 REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS 05/20/09 1ST REPORT CAL. 423 05/26/09 2ND REPORT CAL. 05/27/09 ADVANCED TO THIRD READING 07/16/09 COMMITTED TO RULES 01/06/10 REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS 01/14/11 REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS 01/04/12 REFERRED TO CORPO- RATIONS, AUTHORITIES AND COMMISSIONS

Fiscal implications

EFFECTIVE DATE: This act shall take effect immediately.