NY State Senate Bill 2015-S7518

Senate Bill S7518

2015-2016 Legislative Session

Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2016	referred to finance

2015-S7518 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§313 & 311, Exec L; amd §21, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3808
2019-2020: S2179
2021-2022: S4165

2015-S7518 (ACTIVE) - Summary

Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority-owned and women-owned business enterprise participation requirements.

2015-S7518 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7518

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to allow the public to see which contracts
have been waived.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1

(a) if it appears that a contractor cannot comply with the minority
and women-owned business enterprise participation requirements set
forth in a particular contract, the contractor may file a written
application with the contracting agency requesting a partial or total
waiver of such requirements, setting forth their inability to meet any
requirements with an explanation of the efforts the contractor has
undertaken.

(b) Within 30 days of the issuance of the waiver of compliance the
contracting agency shall report the waiver to the department of labor
and to the director of the division of minority and women's business
development in the department of economic development and to publish
the information

Section 2

To file a complaint where the director has knowledge that a contractor
may have violated the provisions that were unrelated, separate or
distinct from the state contract as expressed by its terms and to
streamline the state certification process to accept federal and
municipal corporation certifications and to keep record of partial and
total waivers issued

Section 3 where section 21 of the labor law is amended stating that
they shall compile on an annual basis, a list of waivers of compliance
with state contract provisions concerning minority and women-owned
business enterprise participation requirements

 JUSTIFICATION :

In order to support the participation goals for minority and
women-owned business enterprises (MBEs) throughout New York State,
this bill aims to ensure that a good faith effort has been made to
comply participation requirements set forth in a particular state
contract in order to receive partial or total waivers in the event
that there is not reasonable availability of MWBE contractors, and
that the issuance of these waivers will be published in order to
provide better transparency and accountability.

 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law provided, however, that:
a. The amendments made to subdivisions 6 of section 313 of the
executive law by section one of this act shall not affect the
expiration of such section and shall be deemed expired therewith;
b. The amendments made to subdivision 3 of section 311 of the
executive law by section two of this act shall not affect the
expiration of such section and shall be deemed expired therewith; and
c. The director of the division of minority and women's business
development and the commissioner of labor shall immediately promulgate
rules and regulations and take all other necessary actions to
implement the provisions of this act on or before such effective date

2015-S7518 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7518

                            I N  S E N A T E

                               May 6, 2016
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

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:

  Section 1. Subdivision 6 of section  313  of  the  executive  law,  as
amended  by  chapter  175  of  the  laws  of 2010, is amended to read as
follows:
  6. (A) Where it appears that a contractor cannot, after a  good  faith
effort,  comply  with  the  minority and women-owned business enterprise
participation requirements set forth in a particular state  contract,  a
contractor  may  file  a written application with the contracting agency
requesting a partial or total waiver of such requirements setting  forth
the  reasons  for  such contractor's inability to meet any or all of the
participation requirements together with an explanation of  the  efforts
undertaken  by the contractor to obtain the required minority and women-
owned business enterprise participation. In implementing the  provisions
of  this  section,  the contracting agency shall consider the number and
types of minority and women-owned business enterprises  located  in  the
region  in which the state contract is to be performed, the total dollar
value of the state contract, the scope of work to be performed  and  the
project size and term. If, based on such considerations, the contracting
agency  determines there is not a reasonable availability of contractors
on the list of certified business to furnish services for  the  project,
it  shall issue a waiver of compliance to the contractor. In making such
determination, the contracting agency shall first  consider  the  avail-
ability  of  other  business enterprises located in the region and shall
thereafter consider the financial ability of  minority  and  women-owned
businesses  located  outside  the  region in which the contract is to be
performed to perform the state contract.
  (B) WITHIN THIRTY DAYS OF THE ISSUANCE OF A PARTIAL OR TOTAL WAIVER OF
COMPLIANCE AS  PROVIDED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  THE
CONTRACTING AGENCY SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14601-02-6

S. 7518                             2

  (I)  REPORT  THE ISSUANCE OF THE WAIVER TO THE DEPARTMENT OF LABOR AND
TO THE DIRECTOR OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS  DEVEL-
OPMENT IN THE DEPARTMENT OF ECONOMIC DEVELOPMENT; AND
  (II)  PUBLISH ON THE CONTRACTING AGENCY'S WEBSITE IN A LOCATION EASILY
ACCESSIBLE TO  THE  GENERAL  PUBLIC:  (A)  INFORMATION  IDENTIFYING  THE
CONTRACT,  INCLUDING  THE  AMOUNT  OF  THE CONTRACT; (B) THE NAME OF THE
CONTRACTOR RECEIVING THE WAIVER; (C) THE DATE OF THE WAIVER; (D) WHETHER
THE WAIVER WAS A TOTAL OR PARTIAL WAIVER; AND (E) THE SPECIFIC  CONTRACT
PROVISIONS TO WHICH THE WAIVER APPLIES.
  S  2.  Paragraphs  (h)  and (i) of subdivision 3 of section 311 of the
executive law, paragraph (h) as amended and paragraph (i)  as  added  by
section  1 of part BB of chapter 59 of the laws of 2006, are amended and
a new paragraph (j) is added to read as follows:
  (h) notwithstanding the provisions of section two  hundred  ninety-six
of  this  chapter,  to  file  a  complaint pursuant to the provisions of
section two hundred ninety-seven of this chapter where the director  has
knowledge  that  a  contractor may have violated the provisions of para-
graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
six  of  this  chapter  where  such  violation is unrelated, separate or
distinct from the state contract as expressed by its terms; [and]
  (i) to streamline the state certification process  to  accept  federal
and municipal corporation certifications; AND
  (J) TO KEEP A RECORD OF PARTIAL AND TOTAL WAIVERS OF COMPLIANCE ISSUED
PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION SIX OF SECTION THREE HUNDRED
THIRTEEN OF THIS ARTICLE AND TO MAKE SUCH RECORD PUBLICLY  AVAILABLE  ON
THE  DIVISION'S  WEBSITE  IN A LOCATION EASILY ACCESSIBLE TO THE GENERAL
PUBLIC. THE RECORD SHALL PROVIDE, AT A MINIMUM:  (A) INFORMATION IDENTI-
FYING THE CONTRACT, INCLUDING THE AMOUNT OF THE CONTRACT;  (B)  INFORMA-
TION  IDENTIFYING THE CONTRACTING AGENCY; (C) THE NAME OF THE CONTRACTOR
RECEIVING THE WAIVER; AND (D) THE DATE OF THE WAIVER.
  S 3. Section 21 of the labor law is amended by adding a  new  subdivi-
sion 15 to read as follows:
  15.  SHALL  COMPILE AND PUBLISH, ON AN ANNUAL BASIS, A LIST OF WAIVERS
OF COMPLIANCE WITH STATE CONTRACT  PROVISIONS  CONCERNING  MINORITY  AND
WOMEN-OWNED   BUSINESS  ENTERPRISE  PARTICIPATION  REQUIREMENTS,  ISSUED
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION SIX OF  SECTION  THREE  HUNDRED
THIRTEEN  OF  THE EXECUTIVE LAW. THE COMMISSIONER OR HIS OR HER DELEGATE
SHALL MAKE SUCH LIST PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE IN A
LOCATION EASILY  ACCESSIBLE  TO  THE  GENERAL  PUBLIC.  THE  LIST  SHALL
PROVIDE, AT A MINIMUM: (A) INFORMATION IDENTIFYING THE CONTRACT, INCLUD-
ING  THE  AMOUNT  OF  THE  CONTRACT;  (B)  INFORMATION  IDENTIFYING  THE
CONTRACTING AGENCY; (C) THE NAME OF THE CONTRACTOR RECEIVING THE WAIVER;
AND (D) THE DATE OF THE WAIVER.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law; provided, however, that:
  a.  the  amendments made to subdivision 6 of section 313 of the execu-
tive law by section one of this act shall not affect the  expiration  of
such section and shall be deemed expired therewith;
  b.  the  amendments made to subdivision 3 of section 311 of the execu-
tive law by section two of this act shall not affect the  expiration  of
such section and shall be deemed expired therewith; and
  c.  the  director  of  the  division  of minority and women's business
development and the commissioner of labor shall  immediately  promulgate
rules  and regulations and take all other necessary actions to implement
the provisions of this act on or before such effective date.

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