|SAME AS||No Same As|
|COSPNSR||Gottfried, Solages, Cook, Seawright, Mosley|
|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.|
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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. LBD14601-02-6A. 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.