Bill Text: NY S06898 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to diversity practices; repeals the expiration on provisions pertaining to minority and women-owned business enterprises.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-15 - REPORTED AND COMMITTED TO RULES [S06898 Detail]

Download: New_York-2009-S06898-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6898                                                  A. 9987
                             S E N A T E - A S S E M B L Y
                                   February 23, 2010
                                      ___________
       IN  SENATE  --  Introduced  by  Sen.  THOMPSON -- read twice and ordered
         printed, and when printed to be committed to the Committee on Finance
       IN ASSEMBLY -- Introduced by M. of A. BRODSKY -- read once and  referred
         to the Committee on Governmental Operations
       AN  ACT  to  amend the state finance law, in relation to diversity prac-
         tices; and to amend the public authorities law, in relation to exempt-
         ing public  authorities  and  public  benefit  corporations  from  the
         procurement process under certain circumstances
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph j of subdivision 1 of section 163  of  the  state
    2  finance  law,  as added by chapter 83 of the laws of 1995, is amended to
    3  read as follows:
    4    j. "Best value" means the basis for awarding contracts for services to
    5  the offerer which optimizes quality, cost and efficiency, among  respon-
    6  sive  and  responsible  offerers  AND  WHICH ALSO TAKES INTO ACCOUNT THE
    7  DIVERSITY PRACTICES OF EACH OFFERER. Such basis shall reflect,  wherever
    8  possible, objective and quantifiable analysis.
    9    S  2. Subdivision 1 of section 163 of the state finance law is amended
   10  by adding a new paragraph k to read as follows:
   11    K. "DIVERSITY PRACTICES" MEANS THE OFFERER'S  PRACTICES  WITH  RESPECT
   12  TO:  (I)  APPOINTING,  HIRING  AND  RETAINING MINORITY GROUP MEMBERS (AS
   13  DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW) AND WOMEN  IN  SENIOR
   14  MANAGEMENT  POSITIONS OF THE OFFERER, INCLUDING AT THE LEVEL OF BOARD OF
   15  DIRECTORS OR ITS COMPARABLE MANAGEMENT LEVEL BODY, AND AS SENIOR  EXECU-
   16  TIVE  OFFICERS WITHIN THE OFFERER'S ORGANIZATION; (II) HIRING, TRAINING,
   17  DEVELOPING, PROMOTING AND RETAINING MINORITY  GROUP  MEMBERS  AND  WOMEN
   18  EMPLOYEES;  (III)  UTILIZING CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS
   19  ENTERPRISES, AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR ANY
   20  OTHER STATUTES OR REGULATIONS GOVERNING THE  PARTICIPATION  OF  MINORITY
   21  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  IN CONTRACTS AWARDED BY A STATE
   22  AGENCY OR OTHER PUBLIC CORPORATION,  AS  SUBCONTRACTORS  AND  SUPPLIERS;
   23  (IV)  ENTERING  INTO  PARTNERSHIPS,  JOINT  VENTURES  OR  OTHER  SIMILAR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15826-02-0
       S. 6898                             2                            A. 9987
    1  ARRANGEMENTS WITH CERTIFIED MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTER-
    2  PRISES  AS  DEFINED  IN  ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR OTHER
    3  APPLICABLE STATUTE OR REGULATION GOVERNING AN  ENTITY'S  UTILIZATION  OF
    4  MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISES; AND (V) UTILIZING SUBCON-
    5  TRACTORS OR OTHER PARTNERS, WHO ARE NOT MINORITY OR WOMEN-OWNED BUSINESS
    6  ENTERPRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW,  THAT
    7  DEMONSTRATE  A  SIGNIFICANT  COMMITMENT  TO  AND PROGRESS IN ATTRACTING,
    8  RETAINING AND PROMOTING DIVERSE TEAMS, INCLUDING MINORITY GROUP  MEMBERS
    9  AND WOMEN WITH RELEVANT DOMAIN EXPERIENCE IN SENIOR MANAGEMENT OR STAFF-
   10  ING POSITIONS.
   11    S  3.  Subparagraph  (i)  of paragraph (b) of subdivision 3 of section
   12  2879 of the public authorities law, as amended by chapter 45 of the laws
   13  of 1994, is amended to read as follows:
   14    (i) for the selection of such contractors on a competitive basis,  and
   15  provisions  relating  to  the circumstances under which the board may by
   16  resolution waive competition;  PROVIDED  HOWEVER,  THE  CORPORATION  MAY
   17  PURCHASE  GOODS OR SERVICES FROM SMALL BUSINESS CONCERNS OR THOSE CERTI-
   18  FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, OR GOODS OR  TECH-
   19  NOLOGY  THAT  ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT EXCEEDING
   20  ONE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS;
   21    S 4. This act shall take effect immediately; provided,  however,  that
   22  the  amendments to section 163 of the state finance law made by sections
   23  one and two of this act shall not affect the repeal of such section  and
   24  shall be deemed repealed therewith.