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S2841Senate2017-2018 SessionSame asA1626

Track Diverse Business Contracts

Official title

“Requires database and reporting for contracts with minority and women-owned businesses”

Sponsor Kevin S. ParkerSD-21Affects Economy
Status
In Senate Committee
Corporations, Authorities And Commissions
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Corporations, Authorities And Commissions

What's happening

This bill requires New York state agencies and authorities to track and publicly report contracts awarded to minority and women-owned businesses.

Why it matters

  1. Promotes government transparency and accountability. by requiring annual public reporting of contracts awarded to minority and women-owned businesses, making it easier for citizens and watchdogs to monitor progress toward diversity goals.

  2. Creates standardized statewide tracking systems. across both state agencies and public authorities, which can help identify disparities, measure effectiveness of inclusion programs, and inform future policy decisions.

  3. May increase opportunities for minority and women-owned businesses. by putting pressure on agencies to meet or improve diversity benchmarks, potentially leading to more equitable distribution of public contracts.

  4. Protects sensitive business information. by mandating that proprietary details remain offline, balancing public transparency with privacy and competitive concerns for participating businesses.

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Who cares

Headline styles

Track Diverse Business Contracts

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

No co-sponsors yet.

History

  1. Referred to corporations, authorities and commissions
  2. Referred to corporations, authorities and commissions

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.

A1626Assembly

Track MWBE Contracts Statewide

In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Walter T. Mosley

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2841

2017-2018 Regular Sessions

IN SENATE

January 17, 2017

Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law and the executive law, in relation to database and reporting requirements for contracts with minority and women-owned businesses

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The public authorities law is amended by adding a new section 2807 to read as follows:

§ 2807. Database and reporting requirements for contracts with minority and women-owned businesses. Every state authority continued or created by this chapter or any other chapter of the laws of the state of New York shall create and maintain a database to track the issuance of contracts to minority and women-owned enterprises. For purposes of this section, a minority or women-owned business enterprise shall be defined as in section three hundred fourteen of the executive law. Every state authority continued or created by this chapter or any other chapter of the laws of the state of New York shall compile reports on the issuance of such contracts and the total number of contracts awarded. Such reports shall be filed on a yearly basis with the authorities, budget office, department of economic development, and office of minority and women-owned businesses and be displayed on the public authorities or public benefit corporation's website and the website of the authorities' budget office, provided, however that all proprietary information shall be kept offline.

§ 2. The executive law is amended by adding a new section 315-a to read as follows:

§ 315-a. Database and reporting requirements for contracts with minority and women-owned businesses. All state agencies shall create and maintain a database to track the issuance of contracts to minority and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04015-01-7

S. 2841 2

women-owned enterprises. For purposes of this section, a minority or women-owned business enterprise shall be defined as in section three hundred fourteen of this article. State agencies shall compile reports on the issuance of such contracts and the total number of contracts awarded. Such reports shall be filed on a yearly basis with the department of economic development, office of minority and women-owned businesses and be displayed on the state agencies' website, provided however, all proprietary information shall be kept offline.

§ 3. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that the amendment made to article 15-A of the executive law by section two of this act shall not affect the expiration of such article and shall be deemed repealed therewith.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public authorities law and the executive law, in relation to database and reporting requirements for contracts with minority and women-owned businesses

Purpose or general idea

To require state agencies and Class A and B public authorities, and public benefit corporations, to implement databases and reporting for contracts with minority and women-owned businesses.

Summary of specific provisions

Section 1 amends the public authorities law by adding a new section 2807, which creates a duty for every state authority to create and maintain databases to track the issuance of contracts to minority and women-owned business enterprises (MWBEs), to report upon such contracts.

Section 2 amends the executive law by adding a new section 315-a, which creates a duty for state agencies to create and maintain databases to track the issuance of contracts to minority and women-owned business enterprises (MWBEs), to report upon such contracts.

Section 3: This act shall take effect on the 90th day after it shall have become a law; with provisions.

Justification

On March 3, 2010 the New York State Senate Minority and Women-Owned Business Enterprise (MWBE) Task Force held a hearing to inquire into the status of State contracting with MWBEs, and reporting upon such activity.

A number of common themes arose during the hearing, but one particularly important issue cited by the witnesses was the need for software that tracks MWBE goals. The Green American Public Private Partnership (Green America), for example, testified to wide disparities between MBE goals and oversight of such goals. One example used was New York City's (NYC) annual value of prime contracts, which total roughly $359 million. Under NYC's announced MWBE prime contract goal, NYC would be expected to let approximately $107 million of contracts to MWBEs, however only $14.9 million of such contracts were awarded in 2009. The conclusion of the Department of Small Business Services, which audited NYC's MWBE program, was that self-monitoring by agencies of MWBE compliance was inadequate. Other witnesses, such DWM Business Associates, LLC, also pointed to the need for greater focus upon compliance and reporting issues.

This legislation will require state agencies and public authorities to track the issuance of MWBE contracts, report upon the award of such contracts, and post the information on their web sites. This large step forward in tracking and compliance reporting will vastly increase the transparency and accountability of MWBE contracting by state entities in New York. Furthermore, such a requirement should place small or no additional burden(s) upon agencies and authorities. The Metropolitan Transportation Authority (MTA), for example, stated that it is already investing in MWBE software so it can track MWBE goals in real time, so if prime contractors do not meet their goals, the MTA's compliance unit can act without delay. In addition, the Office of General Services (OGS) noted the new requirement established by chapter 429 of 2009, requiring agencies to post their MWBE utilization plans on their websites, which is theorized to be complementary to the requirements of this legislation. PRIOR LEGISLATIVE HISTORY :

2015-16: S.2789 - Referred to Corporations, Authorities & Commissions 2013-14: S3089 - Referred to Corporations, Authorities & Commissions 2011-12: S.1080A - Referred to Corporations, Authorities & Commissions 2009-10: S.7195 - Referred to Corporations, Authorities & Commissions

Fiscal implications

None.

Effective date

This act shall take effect on the 90th day; with provisions.

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