Relates to obligations with respect to contracts with business enterprises which employ individuals with disabilities

4 Co-sponsors

• Fredrick J. Akshar II
• John A. DeFrancisco
• Patrick M. Gallivan
• Martin J. Golden

Title of bill

An act to amend the state finance law, in relation to obligations with respect to contracts with business enterprises which employ individuals with disabilities

Purpose

This legislation aims to increase the number of businesses that employ individuals with disabilities by attempting to achieve five percent of state contracts to go to businesses that employ at least fifteen percent employees with a disability.

Summary of provisions

Section 1 defines what an individual with a disability and qualified business enterprise shall mean. Further this section sets up a statewide advocate appointed by the commissioner of economic development to act as a liaison between qualified business enterprises to assist them. This advocate shall also investigate complaints brought by or on behalf of those enterprises, as well as assisting in the certification process. Section further requires the set up of a toll free number to be used to answer questions regarding the certification process.

Section 1 subdivision 3 states that the commissioner of economic development shall undertake a state-wide disparity study regarding the participation of qualified business enterprises employing individuals with disabilities in state contracts. The purpose of this study is to determine whether there is a disparity between the number of qualified businesses able to perform state contracts, the numbers actually engaged, and to determine what changes if any should be made. This analysis shall include a disparity analysis for different regions of the state and shall be sent to the Governor and Legislature by February 15, 2017 and posted on the Department website.

Section 1 subdivision 4 requires each agency to structure procurement procedures for contracts made directly or indirectly to qualified business enterprises employing individuals with a disability to attempt to achieve five percent of state contracts awarded. The Commissioner shall make rules and regulations to provide measures and procedures to ensure that qualifies business enterprises shall be given the opportunity first maximum feasible participation, and to assist where they may best bid to actively and affirmatively promote and assist to facilitate their goal.

Section 1 subdivision 5 shall set forth a statewide certification program for business enterprises. 5 (b) Department of Economic Development shall be responsible for verifying businesses as having a workforce made up of at least fifteen percent of individuals with disabilities. The Department shall put together and periodically update a directory of these businesses.

Section 1 subdivision 6 (c) each contracting agency shall report with respect to activities undertaken to promote employment of individuals with disabilities and promote increase participation by certified businesses with respect to state contracts and subcontracts.

Section 1 subdivision 7 deals with enforcement. Section 2 is the effective date.

Justification

New York struggles with its employment of individuals with disabilities and this is a problem that must be addressed. This legislation seeks to follow the concepts set forth by MBE to get businesses that are operating under state contracts to make a better effort to hire individuals with a disability. This legislation is an important step to helping those individuals with a disability find meaningful and gainful employment. LEGISLATIVE HISTORY : New Bill.

Fiscal impact on the state

To be determined.

Effective date

This act shall take on the 180th day.