Senate Bill S3808

2017-2018 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

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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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2017-S3808 (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:
2015-2016: S7518
2019-2020: S2179
2021-2022: S4165

2017-S3808 (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.

2017-S3808 (ACTIVE) - Sponsor Memo

2017-S3808 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3808
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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