senate Bill S3760

2021-2022 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

Sponsored By

Current Bill Status - In Senate Committee Procurement And Contracts 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
May 12, 2022 print number 3760a
May 12, 2022 amend and recommit to procurement and contracts
Jan 05, 2022 referred to procurement and contracts
Jan 30, 2021 referred to procurement and contracts

S3760 - Details

Current Committee:
Senate Procurement And Contracts
Law Section:
Executive Law
Laws Affected:
Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7688
2019-2020: S2420

S3760 - Summary

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

S3760 - Sponsor Memo

S3760 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3760
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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  96  of  the  laws  of  2019, 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  available  to
 provide  goods  or services required under the contract 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  determi-
 nation,  the contracting agency shall first consider the availability of
 other business enterprises located in the region  and  shall  thereafter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S3760A (ACTIVE) - Details

Current Committee:
Senate Procurement And Contracts
Law Section:
Executive Law
Laws Affected:
Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7688
2019-2020: S2420

S3760A (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.

S3760A (ACTIVE) - Sponsor Memo

S3760A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3760--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  recommitted  to  the  Committee  on  Procurement  and Contracts in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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. Paragraph (b) of subdivision 6 of section 313 of the execu-
 tive law, as amended by chapter 348 of the laws of 2021, is  amended  to
 read as follows:
   (b)  [Upon]  WITHIN  THIRTY  DAYS  OF  the  issuance of all waivers 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  on  a
 monthly basis, if practicable, but no less than on a quarterly basis, in
 a  location  easily  accessible  to  the general public: (1) information
 identifying the contract, including the value of the contract;  (2)  the
 name of the contractor receiving the waiver; (3) the date of the waiver;
 (4)  whether  the  waiver  was  a  partial  or total waiver; and (5) the
 specific contract provisions to which the waiver applies.
   § 2. Paragraphs (j) and (k) of subdivision 3 of  section  311  of  the
 executive  law,  paragraph  (j) as amended and paragraph (k) as added by
 chapter 825 of the laws of 2021, are amended and a new paragraph (l)  is
 added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07939-05-2
 S. 3760--A                          2
 

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