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A08562 Summary:

BILL NOA08562
 
SAME ASSAME AS S08082
 
SPONSORBichotte Hermelyn
 
COSPNSR
 
MLTSPNSR
 
Amd §311, NYC Chart (as proposed in S.7563 & A.7334); amd §163, St Fin L
 
Makes a technical correction to certain provisions of the New York city charter relating to the procurement limit for businesses owned by women and minorities; increases state agencies' discretionary buying thresholds for certain commodities or services from businesses owned by minority, women and service-disabled veterans to $750,000.
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A08562 Actions:

BILL NOA08562
 
01/09/2024referred to governmental operations
01/17/2024reported
01/18/2024advanced to third reading cal.262
01/23/2024substituted by s8082
 S08082 AMEND= SANDERS
 01/05/2024REFERRED TO RULES
 01/08/2024ORDERED TO THIRD READING CAL.64
 01/16/2024PASSED SENATE
 01/16/2024DELIVERED TO ASSEMBLY
 01/16/2024referred to governmental operations
 01/23/2024substituted for a8562
 01/23/2024ordered to third reading cal.262
 03/12/2024passed assembly
 03/12/2024returned to senate
 03/22/2024DELIVERED TO GOVERNOR
 03/22/2024SIGNED CHAP.110
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A08562 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8562
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: An act to amend the New York city charter, in relation to making a tech- nical correction thereto; and to amend the state finance law, in relation to increasing state agencies' discretionary buying thresholds for certain commodities or services from businesses owned by minority, women and service-disabled veterans   PURPOSE OR GENERAL IDEA OF BILL: This bill would make technical changes to Chapter 719 of the Laws of 2023 to effectuate the intent of the law.   SUMMARY OF PROVISIONS: Section one of the bill would amend subdivision i of section 311 of the New York City Charter to make a technical correction. Section two of the bill would amend section 163 of the state finance law to permit discretionary purchases made by state agencies of commodities or services from MWBE and SDVOB vendors in an amount not exceeding $750,000. Section three of the bill would establish the effective date.   JUSTIFICATION: Chapter 719 of the Law of 2023 increased the discretionary spending by city agencies allowing minority and women-owned businesses the opportu- nity to bid on contracts without the financial and laborious burdens that come with following a formal bidding process. For much the same reasons, this legislation would increase the discretionary spending threshold for state agencies to seven hundred fifty thousand dollars with regard to minority and women-owned businesses and service-disabled veteran owned businesses.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2023 amending the New York city charter relating to the procurement limit for businesses owned by women and minorities, as proposed in legislative bills numbers S. 7563 and A. 7334, takes effect; provided, however, that the amendments made to subdivision 6 of section 163 of the state finance law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
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A08562 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8562
 
                   IN ASSEMBLY
 
                                     January 9, 2024
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the New York city charter, in relation to making a tech-
          nical correction thereto; and to  amend  the  state  finance  law,  in
          relation to increasing state agencies' discretionary buying thresholds
          for certain commodities or services from businesses owned by minority,
          women and service-disabled veterans
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 1 of subdivision i of section 311 of the New York
     2  city charter, as amended by a chapter of the laws of 2023  amending  the
     3  New  York  city charter relating to the procurement limit for businesses
     4  owned by women and minorities, as proposed in legislative bills  numbers
     5  S. 7563 and A. 7334, is amended to read as follows:
     6    1.  agencies may make procurements of goods, services and construction
     7  for amounts not exceeding one million[,] five hundred  thousand  dollars
     8  from  businesses  certified  as  minority or women-owned business enter-
     9  prises pursuant to section thirteen hundred four of the charter  without
    10  a formal competitive process.
    11    §  2.  Subdivision 6 of section 163 of the state finance law, as sepa-
    12  rately amended by section 28 of part PP of chapter 56 and chapter 572 of
    13  the laws of 2022, is amended to read as follows:
    14    6. Discretionary buying thresholds. Pursuant to guidelines established
    15  by the state procurement council:
    16    (a) the commissioner may purchase services  and  commodities  for  the
    17  office  of  general  services  or  its customer agencies serviced by the
    18  office of general services business services center  in  an  amount  not
    19  exceeding  eighty-five  thousand  dollars  without  a formal competitive
    20  process;
    21    (b) state agencies may purchase services and commodities in an  amount
    22  not  exceeding fifty thousand dollars without a formal competitive proc-
    23  ess; [and]
    24    (c) state agencies may purchase commodities  or  services  from  small
    25  business  concerns  [or those certified pursuant to article fifteen-A of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11322-02-4

        A. 8562                             2

     1  the executive law and article three of the veterans' services  law],  or
     2  commodities  or  technology  that  are  recycled or remanufactured in an
     3  amount not exceeding five hundred  thousand  dollars  without  a  formal
     4  competitive process;
     5    (d)  state  agencies  may  purchase commodities or services from those
     6  certified pursuant to article fifteen-A of the executive law and article
     7  three of the veterans' services law in an  amount  not  exceeding  seven
     8  hundred fifty thousand dollars without a formal competitive process; and
     9  [for]
    10    (e)  state  agencies may purchase commodities that are food, including
    11  milk and milk products,  or  animal  or  plant  fiber  products,  grown,
    12  produced,  harvested, or processed in New York state or textile products
    13  manufactured from animal or plant fiber grown or produced  predominantly
    14  in  New  York  state  in  an  amount  not to exceed two hundred thousand
    15  dollars[,] without a formal competitive process.
    16    § 3. This act shall take effect on the  same  date  and  in  the  same
    17  manner as a chapter of the laws of 2023 amending the New York city char-
    18  ter  relating to the procurement limit for businesses owned by women and
    19  minorities, as proposed in legislative bills  numbers  S.  7563  and  A.
    20  7334,  takes  effect;  provided,  however,  that  the amendments made to
    21  subdivision 6 of section 163 of the state finance law  made  by  section
    22  two of this act shall not affect the repeal of such section and shall be
    23  deemed repealed therewith.
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