senate Bill S2420A

2019-2020 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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to finance
May 07, 2019 print number 2420a
May 07, 2019 amend and recommit to finance
Jan 24, 2019 referred to finance

S2420 - Details

See Assembly Version of this Bill:
A1541
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9708
2017-2018: S7688, A228
2021-2022: S3760

S2420 - Summary

Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements.

S2420 - Sponsor Memo

S2420 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2420

                       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

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

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

S2420A (ACTIVE) - Details

See Assembly Version of this Bill:
A1541
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9708
2017-2018: S7688, A228
2021-2022: S3760

S2420A (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.

S2420A (ACTIVE) - Sponsor Memo

S2420A (ACTIVE) - Bill Text download pdf


                    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.

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