NY State Senate Bill 2023-S9537

Senate Bill S9537

2023-2024 Legislative Session

Authorizing the empire state development corporation to retain an independent MWBE consultant firm for the purpose of helping reduce contractor violations of the provisions of article 15-A of the executive law

download bill text pdf

Current Bill Status - In Senate Committee Procurement And Contracts 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to procurement and contracts

2023-S9537 (ACTIVE) - Details

See Assembly Version of this Bill:: A3961
Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9906
2019-2020: A1676
2021-2022: A6270

2023-S9537 (ACTIVE) - Summary

Authorizes the empire state development corporation to retain an independent MWBE consultant firm for the purpose of helping reduce contractor violations of the provisions of article 15-A of the executive law; requires contractors in violation of the provisions of article 15-A of the executive law to retain independent monitors to oversee compliance.

2023-S9537 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9537

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the executive law, in relation to authorizing the empire
state development corporation to retain one or more independent MWBE
consultant firms for the purpose of helping reduce contractor violations
of the provisions of article 15-A of the executive law and requiring
contractors in violation of the provisions of article 15-A of the execu-
tive law to retain independent monitors to oversee compliance

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires empire state development corporation to retain independent
minority and women-owned business consultant firms for the purpose of
helping reduce contractor and subcontractor violations when projects are
subjected to MWBE goals

 
SUMMARY OF SPECIFIC PROVISIONS:

  Section 1 amends section 315 of the executive law to require independ-

ent  MWBE  consulting  firms to monitor possible violations of contracts
when dealing with  the  minority  and  women-owned  business  enterprise
programs.

  Section 2 is the effective date.

 
JUSTIFICATION:

In  certain instances, empire state development corporation minority and
women-owned business enterprises (MWBEs) may need  assistance  complying
with requirements outlined for contractors. This bill would ensure MWBE,
programs  retain consulting firms to avoid the possibility of violations
and maintain compliance outlined in program requirements. Such  measures
will further the integrity of MWBEs.

 
LEGISLATIVE HISTORY:

2021-22: A06270, referred to government operations

2019-20: A1676; Referred to government operations

2017-18: A9906; Referred to government operations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The  act  shall  take  effect  on  the ninetieth day after it shall have
become law.

2023-S9537 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9537
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen.  WEBB  --  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, in relation to authorizing the empire
   state development corporation to retain one or more  independent  MWBE
   consultant   firms  for  the  purpose  of  helping  reduce  contractor
   violations of the provisions of article 15-A of the executive law  and
   requiring  contractors  in violation of the provisions of article 15-A
   of the executive law to retain independent monitors to oversee compli-
   ance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 315 of the executive law is amended by adding a new
 subdivision 8 to read as follows:
   8.  THE  EMPIRE STATE DEVELOPMENT CORPORATION SHALL RETAIN ONE OR MORE
 INDEPENDENT MWBE CONSULTANT FIRMS FOR  THE  PURPOSE  OF  HELPING  REDUCE
 CONTRACTOR  VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE. ANY CONTRACTOR
 FOUND BY THE DIRECTOR TO BE IN VIOLATION OF THE PROVISIONS OF THIS ARTI-
 CLE SHALL BE REQUIRED BY THE DIRECTOR TO RETAIN AN  INDEPENDENT  MONITOR
 WHO SHALL EXAMINE THE CIRCUMSTANCES UNDER WHICH A CONTRACTOR'S VIOLATION
 OR   VIOLATIONS  OCCURRED,  ASSIST  THE  CONTRACTOR  IN  RECTIFYING  ITS
 VIOLATIONS, IMPLEMENT ANY REMEDIAL ACTION PLAN AS DESCRIBED IN  SUBDIVI-
 SIONS  SIX  AND  SEVEN  OF  THIS  SECTION,  AND,  UNTIL SUCH TIME AS THE
 CONTRACTOR IS NO LONGER IN VIOLATION OF THE PROVISIONS OF THIS  ARTICLE,
 OPERATE AS AN INDEPENDENT MONITOR TO OVERSEE THE CONTRACTOR'S COMPLIANCE
 WITH  ITS OBLIGATIONS UNDER THIS ARTICLE. THE CONTRACTOR'S MONITOR SHALL
 PROVIDE REGULAR  REPORTS  CONCERNING  THE  CONTRACTOR'S  COMPLIANCE  AND
 PROGRESS TO THE MWBE CONTRACTOR ASSIGNED TO REVIEW THE CONTRACTOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to section 315
 of the executive law made by section one of this act  shall  not  affect
 the repeal of such section and shall be deemed repealed therewith.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05448-01-3

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