•  Summary 
  •  
  •  Actions 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

A09708 Summary:

BILL NOA09708
 
SAME ASNo Same As
 
SPONSORBichotte
 
COSPNSRGottfried, Solages, Cook, Seawright, Mosley
 
MLTSPNSREnglebright
 
Amd 313 & 311, Exec L; amd 21, Lab L
 
Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements.
Go to top

A09708 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9708
 
                   IN ASSEMBLY
 
                                      April 5, 2016
                                       ___________
 
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT to amend the executive law and the labor law, in relation to the
          publication of information 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
    23  thereafter  consider  the  financial ability of minority and women-owned
    24  businesses located outside the region in which the  contract  is  to  be
    25  performed to perform the state contract.
    26    (b) Within thirty days of the issuance of a partial or total waiver of
    27  compliance  as  provided  in  paragraph  (a)  of  this  subdivision, the
    28  contracting agency shall:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14601-02-6

        A. 9708                             2
 
     1    (i) report the issuance of the waiver to the department of  labor  and
     2  to  the director of the division of minority and women's business devel-
     3  opment in the department of economic development; and
     4    (ii)  publish on the contracting agency's website in a location easily
     5  accessible to  the  general  public:  (A)  information  identifying  the
     6  contract,  including  the  amount  of  the contract; (B) the name of the
     7  contractor receiving the waiver; (C) the date of the waiver; (D) whether
     8  the waiver was a total or partial waiver; and (E) the specific  contract
     9  provisions to which the waiver applies.
    10    §  2.  Paragraphs  (h)  and (i) of subdivision 3 of section 311 of the
    11  executive law, paragraph (h) as amended and paragraph (i)  as  added  by
    12  section  1 of part BB of chapter 59 of the laws of 2006, are amended and
    13  a new paragraph (j) is added to read as follows:
    14    (h) notwithstanding the provisions of section two  hundred  ninety-six
    15  of  this  chapter,  to  file  a  complaint pursuant to the provisions of
    16  section two hundred ninety-seven of this chapter where the director  has
    17  knowledge  that  a  contractor may have violated the provisions of para-
    18  graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
    19  six  of  this  chapter  where  such  violation is unrelated, separate or
    20  distinct from the state contract as expressed by its terms; [and]
    21    (i) to streamline the state certification process  to  accept  federal
    22  and municipal corporation certifications; and
    23    (j) to keep a record of partial and total waivers of compliance issued
    24  pursuant  to  paragraph  (b) of subdivision six of section three hundred
    25  thirteen of this article and to make such record publicly  available  on
    26  the  division's  website  in a location easily accessible to the general
    27  public. The record shall provide, at a minimum:  (A) information identi-
    28  fying the contract, including the amount of the contract;  (B)  informa-
    29  tion  identifying the contracting agency; (C) the name of the contractor
    30  receiving the waiver; and (D) the date of the waiver.
    31    § 3. Section 21 of the labor law is amended by adding a  new  subdivi-
    32  sion 15 to read as follows:
    33    15.  Shall  compile and publish, on an annual basis, a list of waivers
    34  of compliance with state contract  provisions  concerning  minority  and
    35  women-owned   business  enterprise  participation  requirements,  issued
    36  pursuant to paragraph (b) of subdivision six of  section  three  hundred
    37  thirteen  of  the executive law. The commissioner or his or her delegate
    38  shall make such list publicly available on the department's website in a
    39  location easily  accessible  to  the  general  public.  The  list  shall
    40  provide, at a minimum: (A) information identifying the contract, includ-
    41  ing  the  amount  of  the  contract;  (B)  information  identifying  the
    42  contracting agency; (C) the name of the contractor receiving the waiver;
    43  and (D) the date of the waiver.
    44    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    45  have become a law; provided, however, that:
    46    a.  the  amendments made to subdivision 6 of section 313 of the execu-
    47  tive law by section one of this act shall not affect the  expiration  of
    48  such section and shall be deemed expired therewith;
    49    b.  the  amendments made to subdivision 3 of section 311 of the execu-
    50  tive law by section two of this act shall not affect the  expiration  of
    51  such section and shall be deemed expired therewith; and
    52    c.  the  director  of  the  division  of minority and women's business
    53  development and the commissioner of labor shall  immediately  promulgate
    54  rules  and regulations and take all other necessary actions to implement
    55  the provisions of this act on or before such effective date.
Go to top