|SAME AS||No Same As|
|COSPNSR||Gottfried, Solages, Cook, Seawright, Mosley, Walker, Hooper, Robinson, Hyndman|
|MLTSPNSR||Brennan, Davila, Englebright, Simon|
|Amd §§313 & 311, Exec L|
|Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements.|
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STATE OF NEW YORK ________________________________________________________________________ 9708--A IN ASSEMBLY April 5, 2016 ___________ Introduced by M. of A. BICHOTTE, GOTTFRIED, SOLAGES, COOK, SEAWRIGHT, MOSLEY, WALKER, HOOPER, ROBINSON, HYNDMAN -- Multi-Sponsored by -- M. of A. BRENNAN, DAVILA, ENGLEBRIGHT, SIMON -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the executive, in relation to the publication of infor- mation regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 313 of the executive law, as 2 amended by chapter 175 of the laws of 2010, is amended to read as 3 follows: 4 6. (a) Where it appears that a contractor cannot, after a good faith 5 effort, comply with the minority and women-owned business enterprise 6 participation requirements set forth in a particular state contract, a 7 contractor may file a written application with the contracting agency 8 requesting a partial or total waiver of such requirements setting forth 9 the reasons for such contractor's inability to meet any or all of the 10 participation requirements together with an explanation of the efforts 11 undertaken by the contractor to obtain the required minority and women- 12 owned business enterprise participation. In implementing the provisions 13 of this section, the contracting agency shall consider the number and 14 types of minority and women-owned business enterprises located in the 15 region in which the state contract is to be performed, the total dollar 16 value of the state contract, the scope of work to be performed and the 17 project size and term. If, based on such considerations, the contracting 18 agency determines there is not a reasonable availability of contractors 19 on the list of certified business to furnish services for the project, 20 it shall issue a waiver of compliance to the contractor. In making such 21 determination, the contracting agency shall first consider the avail- 22 ability of other business enterprises located in the region and shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14601-03-6A. 9708--A 2 1 thereafter consider the financial ability of minority and women-owned 2 businesses located outside the region in which the contract is to be 3 performed to perform the state contract. 4 (b) Within thirty days of the issuance of a partial or total waiver of 5 compliance as provided in paragraph (a) of this subdivision, the 6 contracting agency shall: 7 (i) report the issuance of the waiver to the director; and 8 (ii) publish on the contracting agency's website: (A) information 9 identifying the contract, including the value of the contract; (B) the 10 name of the contractor receiving the waiver; (C) the date of the waiver; 11 (D) whether the waiver was a total or partial waiver; and (E) the 12 specific contract provisions to which the waiver applies. 13 § 2. Paragraphs (h) and (i) of subdivision 3 of section 311 of the 14 executive law, paragraph (h) as amended and paragraph (i) as added by 15 section 1 of part BB of chapter 59 of the laws of 2006, are amended and 16 a new paragraph (j) is added to read as follows: 17 (h) notwithstanding the provisions of section two hundred ninety-six 18 of this chapter, to file a complaint pursuant to the provisions of 19 section two hundred ninety-seven of this chapter where the director has 20 knowledge that a contractor may have violated the provisions of para- 21 graph (a), (b) or (c) of subdivision one of section two hundred ninety- 22 six of this chapter where such violation is unrelated, separate or 23 distinct from the state contract as expressed by its terms; [ and] 24 (i) to streamline the state certification process to accept federal 25 and municipal corporation certifications[ .]; and 26 (j) to keep a record of partial and total waivers of compliance 27 reported pursuant to paragraph (b) of subdivision six of section three 28 hundred thirteen of this article and to make such record publicly avail- 29 able on the division's website. The record shall provide, at a minimum: 30 (A) information identifying the contract, including the value of the 31 contract; (B) information identifying the contracting agency; (C) the 32 name of the contractor receiving the waiver; and (D) the date of the 33 waiver. 34 § 3. This act shall take effect on the sixtieth day after it shall 35 have become a law; provided, however, that: 36 a. the amendments made to subdivision 6 of section 313 of the execu- 37 tive law by section one of this act shall not affect the expiration of 38 such section and shall be deemed expired therewith; 39 b. the amendments made to subdivision 3 of section 311 of the execu- 40 tive law by section two of this act shall not affect the expiration of 41 such section and shall be deemed expired therewith; and 42 c. the director of the division of minority and women's business 43 development may immediately promulgate rules and regulations and take 44 all other necessary actions to implement the provisions of this act on 45 or before such effective date.