The New York State Senate

                    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.