What's happening
This bill updates employment and procurement goals for minority- and women-owned businesses based on the most recent disparity study findings.
Why it matters
Aligns state goals and procurement practices with the most recent data. by basing targets for minority- and women-owned business participation on the latest (2017) disparity study, potentially increasing their access to contracts as market conditions and disparities change over time.
Removes outdated, fixed percentage targets. from law, instead requiring agencies to follow the dynamic recommendations of the most recent disparity study, which allows for more responsive and accurate goal-setting reflective of current economic realities.
Mandates regular updates and agency accountability. by ensuring agencies receive the latest disparity study and obligating them to develop their own specific targets based on its findings, which could lead to more tailored and effective diversity efforts across different sectors of state procurement.
Could impact competition and compliance. for both minority- and women-owned businesses and traditional contractors, as agencies, vendors, and contractors will need to adjust to periodically updated participation goals, potentially affecting bidding strategies and contract awards.
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Who cares
Headline styles
Boost Hiring for Minority Businesses
Plain English, a few words. Used as the page title.
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2427
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. BICHOTTE -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to establishing employment goals for minority-owned and women-owned businesses in accordance with the provisions of the most recent disparity study
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 21 of section 310 of the executive law, as added by chapter 175 of the laws of 2010, is amended to read as follows:
21. "The [2010] disparity study" shall refer to the most recent disparity study commissioned by the empire state development corporation, pursuant to section three hundred twelve-a of this article, and published on [April twenty-nine, two thousand ten] June thirtieth, two thousand seventeen.
§ 2. Subdivisions 1, 1-a and 1-b of section 313 of the executive law, subdivision 1 as amended and subdivision 1-a and 1-b as added by chapter 175 of the laws of 2010, are amended to read as follows:
1. Goals and requirements for agencies and contractors. Each agency shall structure procurement procedures for contracts made directly or indirectly to minority and women-owned business enterprises, in accordance with the findings of the [two thousand ten] most recent disparity study, consistent with the purposes of this article, to attempt to achieve the [following] results recommended in the disparity study with regard to total annual statewide procurement for the following categories of contracts:
(a) construction industry for certified minority-owned business enterprises[: fourteen and thirty-four hundredths percent];
(b) construction industry for certified women-owned business enterprises[: eight and forty-one hundredths percent];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00216-01-9
A. 2427 2
(c) construction related professional services industry for certified minority-owned business enterprises[: thirteen and twenty-one hundredths percent];
(d) construction related professional services industry for certified women-owned business enterprises[: eleven and thirty-two hundredths percent];
(e) non-construction related services industry for certified minority-owned business enterprises[: nineteen and sixty hundredths percent];
(f) non-construction related services industry for certified womenowned business enterprises[: seventeen and forty-four hundredths percent];
(g) commodities industry for certified minority-owned business enterprises[: sixteen and eleven hundredths percent];
(h) commodities industry for certified women-owned business enterprises[: ten and ninety-three hundredths percent];
(i) overall agency total dollar value of procurement for certified minority-owned business enterprises[: sixteen and fifty-three hundredths percent];
(j) overall agency total dollar value of procurement for certified women-owned business enterprises[: twelve and thirty-nine hundredths percent]; and
(k) overall agency total dollar value of procurement for certified minority, women-owned business enterprises[: twenty-eight and ninety-two hundredths percent].
1-a. The director shall ensure that each state agency has been provided with a copy of the [two thousand ten] most recent disparity study.
1-b. Each agency shall develop and adopt agency-specific goals based on the findings of the [two thousand ten] most recent disparity study.
§ 3. This act shall take effect immediately; provided, however, that the amendments to article 15-A of the executive law, made by sections one and two of this act, shall not affect the expiration of such article and shall be deemed expired therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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