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Bill > S05464
NY S05464
NY S05464Provides for increased participation in state contracts and subcontracts by certified minority and women-owned business enterprises; relates to certain performance and payment bond requirements.
summary
Introduced
03/06/2023
03/06/2023
In Committee
01/03/2024
01/03/2024
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
2023-2024 General Assembly
Bill Summary
AN ACT to amend the executive law, in relation to participation by minority group members and women with respect to certain state contracts; and to amend the state finance law, in relation to establishing a mentor-protege program for small and minority and womenowned business concerns and in relation to performance and payment bond requirements
AI Summary
This bill aims to increase participation by certified minority and women-owned business enterprises (MWBEs) in state contracts and subcontracts. Key provisions include:
- Requiring contracting agencies to provide quarterly reports on MWBE participation, including the number of contracts awarded, maximum dollar amounts obligated, and total expenditures. Agencies that fail to file these reports may face independent audits.
- Expanding the powers of the Director of the Division of Minority and Women's Business Development to encourage MWBE participation, including by developing certification and outreach programs, enforcing compliance, and promoting joint ventures and mentor-protege relationships.
- Mandating that contractors submit MWBE utilization plans when bidding on state contracts, and requiring contracting agencies to review these plans.
- Allowing contractors to apply for waivers from MWBE participation requirements, while also authorizing agencies to file complaints if contractors fail to comply.
- Establishing new penalties, including fines and potential bans from state contracting, for violations such as fraudulent misrepresentation of MWBE status.
- Adjusting the thresholds for when performance and payment bonds can be required or waived on state contracts.
Committee Categories
Budget and Finance
Sponsors (6)
Robert Jackson (D)*,
Leroy Comrie (D),
Nathalia Ferna´ndez (D),
John Liu (D),
Kevin Parker (D),
Lea Webb (D),
Last Action
REFERRED TO PROCUREMENT AND CONTRACTS (on 01/03/2024)
Bill Topics
Civil Rights, Minority Issues, and Civil Liberties
- ‐ Ethnic Minority and Racial Group Discrimination
- ‐ Gender, Identity and Sexual Orientation Discrimination
Government Operations
- ‐ Government Procurement and Contracting
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2023/S5464 | 03/06/2023 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=S05464&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S05464 | 03/06/2023 |
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