S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7688
 
                             I N  S E N A T E
 
                             February 8, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01520-01-7

 S. 7688                             2
 
   (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:
   (I) REPORT THE ISSUANCE OF THE WAIVER TO THE DIRECTOR; AND
   (II)  PUBLISH  ON  THE CONTRACTING AGENCY'S WEBSITE:   (A) INFORMATION
 IDENTIFYING THE CONTRACT, INCLUDING THE VALUE 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.
   § 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
 REPORTED  PURSUANT  TO PARAGRAPH (B) OF SUBDIVISION SIX OF SECTION THREE
 HUNDRED THIRTEEN OF THIS ARTICLE AND TO MAKE SUCH RECORD PUBLICLY AVAIL-
 ABLE ON THE DIVISION'S WEBSITE.  THE RECORD SHALL PROVIDE, AT A MINIMUM:
 (A) INFORMATION IDENTIFYING THE CONTRACT, INCLUDING  THE  VALUE  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.
   §  3.  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 article 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 article and shall be deemed expired therewith; and
   c. the director of the  division  of  minority  and  women's  business
 development  may  immediately  promulgate rules and regulations and take
 all other necessary actions to implement the provisions of this  act  on
 or before such effective date.