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A03894 Summary:

BILL NOA03894
 
SAME ASNo Same As
 
SPONSORBichotte Hermelyn
 
COSPNSRSeawright, Jean-Pierre, Hyndman, Cook, Walker, Davila
 
MLTSPNSR
 
Amd §163, St Fin L
 
Requires that public contracts be divided by size into large, medium, small and micro contracts for the purpose of increasing opportunities for small businesses, including minority-owned business enterprises and women-owned business enterprises, to participate in state contracts.
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A03894 Actions:

BILL NOA03894
 
02/08/2023referred to governmental operations
01/03/2024referred to governmental operations
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A03894 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3894
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: An act to amend the state finance law, in relation to requiring that public contracts be divided by size into large, medium, small and micro contracts for the purpose of increasing opportunities for small busi- nesses to participate in state contracts   PURPOSE OR GENERAL IDEA OF BILL: Requires empire state development corporation to retain independent minority and women-owned business consultant firms for the propose of helping reduce contractor and sub-contractor violations when projects are subjected to MWBE goals   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 315 of the executive law to require independent MWBE consulting firms to monitor possible violations of contracts when dealing with the minority and women-owned business enterprise programs. Section 2 is the effective date.   JUSTIFICATION: In certain instances, empire state development corporation minority and women-owned business enterprises (MWBEs) may need assistance complying with requirements outlined for contractors. This bill would ensure MWBE programs retain consulting firms to avoid the possibility of violations and maintain compliance outlined in program requirements. Such measures will further the integrity of MWBEs.   PRIOR LEGISLATIVE HISTORY: 2021-22:A06270, referred to government operations 2019-20:A1676; Referred to government operations 2017-18:A9906; Referred to government operations   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: The act shall take effect on the ninetieth day after it shall have become law.
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A03894 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3894
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced  by M. of A. BICHOTTE HERMELYN, SEAWRIGHT, JEAN-PIERRE, HYND-
          MAN, COOK, WALKER, DAVILA -- read once and referred to  the  Committee
          on Governmental Operations
 
        AN  ACT  to  amend  the state finance law, in relation to requiring that
          public contracts be divided by size  into  large,  medium,  small  and
          micro  contracts for the purpose of increasing opportunities for small
          businesses to participate in state contracts
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph c of subdivision 10 of section 163 of the state
     2  finance law, as amended by chapter 95 of the laws of 2000, is amended to
     3  read as follows:
     4    c. The commissioner or state agency may elect to award a  contract  to
     5  one  or more responsive and responsible offerers provided, however, that
     6  the basis for the selection among multiple  contracts  at  the  time  of
     7  purchase  shall  be  the  most  practical and economical alternative and
     8  shall be in the best interests of the state, and further  provided  that
     9  the  requirements  set  forth herein shall not preclude the commissioner
    10  from  establishing  multiple  award  contracts  for  reasons   including
    11  increased  opportunities  for  small  businesses to participate in state
    12  contracts. To the extent feasible,  the  commissioner  or  state  agency
    13  shall endeavor to divide contracts by size into large, medium, small and
    14  micro  contracts  for  the purpose of increasing opportunities for small
    15  businesses, including minority-owned  business  enterprises  and  women-
    16  owned  business  enterprises  as defined in section three hundred ten of
    17  the executive law, to participate in state contracts.
    18    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    19  have become a law; provided, however, that the amendments to paragraph c
    20  of  subdivision  10  of  section  163  of  the state finance law made by
    21  section one of this act shall not affect the repeal of such section  and
    22  shall be deemed repealed therewith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05450-01-3
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