Senate Bill S7688

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

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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-S7688 (ACTIVE) - Details

See Assembly Version of this Bill:
A228
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9708
2019-2020: S2420, A1541
2021-2022: S3760

2017-S7688 (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.

2017-S7688 (ACTIVE) - Sponsor Memo

2017-S7688 (ACTIVE) - Bill Text download pdf

                            
 
                     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
              

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