NY State Senate Bill 2021-S4165

Senate Bill S4165

Signed By Governor

2021-2022 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 - Signed by Governor

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
Aug 02, 2021	signed chap.348
Jul 21, 2021	delivered to governor
Jun 03, 2021	returned to senate passed assembly ordered to third reading rules cal.398 substituted for a7689
Mar 30, 2021	referred to governmental operations delivered to assembly passed senate
Mar 11, 2021	advanced to third reading
Mar 10, 2021	2nd report cal.
Mar 09, 2021	1st report cal.530
Mar 03, 2021	print number 4165a
Mar 03, 2021	amend (t) and recommit to procurement and contracts
Feb 02, 2021	referred to procurement and contracts

Votes

- Mar 30, 2021 - Floor Vote
  S4165
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 30, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Mar 9, 2021 - Procurement And Contracts Committee Vote
  S4165
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: Mar 9, 2021
      
      aye (7)
      
      Borrello
      
      Comrie
      
      Cooney
      
      Jordan
      
      Kaplan
      
      Reichlin-Melnick
      
      Sanders Jr.

Bill Amendments

Original

A (Active)

2021-S4165 - Details

Law Section:: Executive Law
Laws Affected:: Amd §§313 & 311, Exec L; amd §21, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7518
2017-2018: S3808
2019-2020: S2179

2021-S4165 - 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.

2021-S4165 - Sponsor Memo

                                
 
BILL NUMBER: S4165

SPONSOR: BAILEY
 
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 enter-
prise 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, sepa-
rate 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 2: 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 busi-
ness 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 reason-
able 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:

2017-18: S.3808 - Referred to Finance

2019-20: S.2179 - Referred to Finance
 
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 to subdivisions 6 of section 313 of the executive law
made by section one of this act shall not affect the expiration of arti-
cle 15-A of such law and shall be deemed expired. therewith;
b. The amendments made to subdivision 3 of section 311 of the executive
Jaw by section two of this act shall not affect the expiration of arti-
cle 15-A of such law and shall be deemed expired therewith; and
c. The director of the division of minority and women's business devel-
opment 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

2021-S4165 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4165
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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. Paragraph (b) of subdivision 6 of section 313 of the execu-
 tive law, as amended by chapter 96 of the laws of 2019,  is  amended  to
 read as follows:
   (b)  Upon  the  issuance  of  all waivers 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 on a monthly basis, if practicable, but
 no less than on a quarterly basis, IN A LOCATION  EASILY  ACCESSIBLE  TO
 THE GENERAL PUBLIC:  (1) information identifying the contract, including
 the  value of the contract; (2) the name of the contractor receiving the
 waiver; (3) the date of the waiver; [and] (4) WHETHER THE WAIVER  WAS  A
 PARTIAL  OR  TOTAL  WAIVER;  AND (5) the specific contract provisions to
 which the waiver applies.
   § 2. Paragraph (j) of subdivision 3 of section 311  of  the  executive
 law, as amended by chapter 96 of the laws of 2019, is amended to read as
 follows:
   (j)  to  make  publicly available records of all waivers of compliance
 reported pursuant to paragraph (b) of subdivision six of  section  three
 hundred thirteen of this article on the division's website IN A LOCATION
 EASILY ACCESSIBLE TO THE GENERAL PUBLIC.  THE RECORD SHALL PROVIDE, AT A
 MINIMUM:  (A) INFORMATION IDENTIFYING THE CONTRACT, INCLUDING THE AMOUNT
 OF THE CONTRACT; (B) INFORMATION IDENTIFYING THE CONTRACTING AGENCY; (C)

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07939-02-1

 S. 4165                             2
 
 THE NAME OF THE CONTRACTOR RECEIVING THE WAIVER; AND (D) THE DATE OF THE
 WAIVER.
   §  3.  Section 21 of the labor law is amended by adding a new subdivi-
 sion 16 to read as follows:
   16. 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.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that:
   a. the amendments to subdivision 6 of section 313 of the executive law
 made by section one of this act shall not affect the expiration of arti-
 cle 15-A of such law and shall be deemed to expire therewith; and
   b. the amendments to subdivision 3 of section 311 of the executive law
 made by section two of this act shall not affect the expiration of arti-
 cle 15-A of such law and shall be deemed to expire therewith.
   c.  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 and completed on or  before
 such effective date.

co-Sponsors

2021-S4165A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§313 & 311, Exec L; amd §21, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7518
2017-2018: S3808
2019-2020: S2179

2021-S4165A (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.

2021-S4165A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4165A

SPONSOR: BAILEY
 
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 OR GENERAL IDEA OF BILL:

This bill increases Minority and Women-owned Business Enterprise (MWBE)
State contract transparency, by requiring that upon the issuance of any
waiver of compliance with MWBE State contracts, the contracting agency
must publish certain information on their website, and in a location
easily accessible to the general public, including whether the compli-
ance waiver was a partial or total waiver.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the Executive Law to require that if a contracting
State agency issues a MWBE compliance waiver, the issued waiver must be
published on their website, in a location that is easily accessible to
the public; and must include whether the compliance waiver was a partial
or total waiver.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

In order to support the participation goals 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 with the
participation requirements set forth in a State contract, in order to
receive partial or total waivers in the event that there is not a
reasonable availability of MWBE contractors.

Under current law, contracting agencies are only required to report
minimal information on the issuance of a MWBE compliance waiver, leaving
the public with little understanding of why, or if, a compliance waiver
was actually necessary. The information currently required to be
reported includes (1) information identifying the contract, including
the value of the contract; (2) the name of the contractor receiving the
waiver; (3) the date of the waiver; and (4) the specific contract
provisions to which the waiver applies.

This bill would require that upon the issuance of any waiver of compli-
ance with MWBE State contracts, the contracting agency must publish
certain information on their website, and in a location easily accessi-
ble to the general public, including whether the compliance waiver was a
partial or total waiver.

This bill has been amended from its previous version, to remove duplica-
tive requirements that were already added to Executive Law under the
2019 MWBE omnibus bill.

 
PRIOR LEGISLATIVE HISTORY:

2021:S4165/Bailey- Referred to Procurement and Contracts

2020:S2179/Bailey- Died in Finance

2019:S2179/Bailey- Died in Finance

2018:S3808/Bailey- Died in Finance

2017:S3808/Bailey- Died in Finance

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law;
provided, however, that:
a. the amendments to subdivision 6 of section 313 of the executive law
made by section one of this act, shall not affect the expiration of
article 15-A of such law and shall be deemed to expire therewith; and
b. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
date are authorized to be made and completed on or before such effective
date.

2021-S4165A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4165--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  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. Paragraph (b) of subdivision 6 of section 313 of the execu-
 tive law, as amended by chapter 96 of the laws of 2019,  is  amended  to
 read as follows:
   (b)  Upon  the  issuance  of  all waivers 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 on a monthly basis, if practicable, but
 no less than on a quarterly basis, IN A LOCATION  EASILY  ACCESSIBLE  TO
 THE GENERAL PUBLIC:  (1) information identifying the contract, including
 the  value of the contract; (2) the name of the contractor receiving the
 waiver; (3) the date of the waiver; [and] (4) WHETHER THE WAIVER  WAS  A
 PARTIAL  OR  TOTAL  WAIVER;  AND (5) the specific contract provisions to
 which the waiver applies.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided, however, that:
   a. the amendments to subdivision 6 of section 313 of the executive law
 made by section one of this act shall not affect the expiration of arti-
 cle 15-A of such law and shall be deemed to expire therewith; and
   b. 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 and completed on or before such
 effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07939-03-1

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