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Assembly Bill A1538

2019-2020 Legislative Session

Relates to verification of good faith by contractors that request waivers of compliance with the provisions of article 15-A of the executive law relating to minority and women-owned business enterprises

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Archive: Last Bill Status - In Assembly Committee

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2019-A1538 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §311-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A9887

2019-A1538 (ACTIVE) - Summary

Relates to verification of good faith by contractors that request waivers of compliance with the provisions of article 15-A of the executive law relating to minority and women-owned business enterprises.

2019-A1538 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1538
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to verification of good
   faith by contractors that  request  waivers  of  compliance  with  the
   provisions  of  article 15-A of the executive law relating to minority
   and women-owned business enterprises
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 311-a of the executive law is amended by adding a
 new subdivision 5 to read as follows:
   5. (A) THE EMPIRE STATE DEVELOPMENT CORPORATION,  ACTING  THROUGH  THE
 STATEWIDE  ADVOCATE, SHALL RETAIN ONE OR MORE  INDEPENDENT MWBE CONSULT-
 ANT FIRMS TO REVIEW ALL PARTIAL OR TOTAL WAIVERS OF COMPLIANCE REQUESTED
 BY CONTRACTORS PURSUANT TO SECTION THREE HUNDRED THIRTEEN OF THIS  ARTI-
 CLE,  REGARDLESS OF WHETHER SUCH WAIVERS WERE GRANTED BY THE CONTRACTING
 AGENCY. THE MWBE CONSULTANT FIRMS SHALL EXAMINE THE CIRCUMSTANCES  UNDER
 WHICH  EACH  WAIVER  WAS  REQUESTED, AND, IF APPLICABLE, GRANTED, VERIFY
 WHETHER THE CONTRACTOR HAS MADE THE REQUEST FOR THE WAIVER IN GOOD FAITH
 AND REPORT THEIR FINDINGS TO THE STATEWIDE ADVOCATE.
   (B) THE FINDINGS OF THE MWBE CONSULTANT FIRMS SHALL  BE  PUBLISHED  ON
 THE WEBSITE OF THE STATEWIDE ADVOCATE AND UPDATED ON A MONTHLY BASIS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  the  amendments  to  section
 311-a  of  the  executive  law made by section one of this act shall not
 affect the expiration of such section and shall be deemed expired there-
 with.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00190-01-9

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