NY State Senate Bill 2019-S2420A

Senate Bill S2420A

2019-2020 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
May 07, 2019	print number 2420a
May 07, 2019	amend and recommit to finance
Jan 24, 2019	referred to finance

Bill Amendments

Original

A (Active)

2019-S2420 - Details

See Assembly Version of this Bill:: A1541
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9708
2017-2018: S7688, A228
2021-2022: S3760

2019-S2420 - Summary

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

2019-S2420 - Sponsor Memo

                                
 
BILL NUMBER: S2420

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section one of the bill requires a contracting agency, within 30 days of
the issuance of a partial or total waiver of compliance, to report the
issuance of the waiver to the director of the Division of Minority and
Women's Business Development, and make certain information regarding the

contract waiver publicly available on their website.

Section two of the bill requires the Division of Minority and Women's
Business Development to keep records of such waivers, and make them
publicly available on the division's website.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

In order to support the participation coals for minority and women-owned
business enterprises (MWBEs) 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 reason-
able availability of MWBE contractors, and that the issuance of these
waivers will be published in order to provide better transparency and
accountability.

 
LEGISLATIVE HISTORY:

S. 7688/A. 228; Passed Assembly in 2018

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2420 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2420
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00217-03-9

 S. 2420                             2
 
 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:
   (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.

2019-S2420A (ACTIVE) - Details

See Assembly Version of this Bill:: A1541
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9708
2017-2018: S7688, A228
2021-2022: S3760

2019-S2420A (ACTIVE) - Summary

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

2019-S2420A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2420A

SPONSOR: KAPLAN
 
TITLE OF BILL:  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 enter-
prise participation requirements

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section one of the bill requires a contracting agency, within 30 days of
the issuance of a partial or total waiver of compliance, to report the
issuance of the waiver to the director of the Division of Minority and
Women's Business Development, and make certain information regarding the
contract waiver publicly available on their website.

Section two of the bill requires the Division of Minority and Women's
Business Development to keep records of such waivers, and make them
publicly available on the division's website.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

In order to support the participation coals for minority and women-owned
business enterprises (MWBEs) 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 reason-
able availability of MWBE contractors, and that the issuance of these
waivers will be published in order to provide better transparency and
accountability.

 
LEGISLATIVE HISTORY:

S. 7688/A. 228; Passed Assembly in 2018

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

2019-S2420A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2420--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00217-04-9

 S. 2420--A                          2
 
 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:
   (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 executive law by section one of this
 act shall not affect the expiration of such article and shall be  deemed
 expired  therewith;  and  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 article and shall be deemed expired there-
 with.    Effective  immediately the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its effective date are authorized to be made on or before such date.

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