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Assembly Bill A3961

2023-2024 Legislative Session

Authorizing the empire state development corporation to retain an independent MWBE consultant firm for the purpose of helping reduce contractor violations of the provisions of article 15-A of the executive law

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Archive: Last Bill Status - In Assembly Committee

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2023-A3961 (ACTIVE) - Details

See Senate Version of this Bill:
S9537
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9906
2019-2020: A1676
2021-2022: A6270
2025-2026: A7111, S2055

2023-A3961 (ACTIVE) - Summary

Authorizes the empire state development corporation to retain an independent MWBE consultant firm for the purpose of helping reduce contractor violations of the provisions of article 15-A of the executive law; requires contractors in violation of the provisions of article 15-A of the executive law to retain independent monitors to oversee compliance.

2023-A3961 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3961
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to authorizing the empire
   state development corporation to retain one or more  independent  MWBE
   consultant   firms  for  the  purpose  of  helping  reduce  contractor
   violations of the provisions of article 15-A of the executive law  and
   requiring  contractors  in violation of the provisions of article 15-A
   of the executive law to retain independent monitors to oversee compli-
   ance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 315 of the executive law is amended by adding a new
 subdivision 8 to read as follows:
   8.  THE  EMPIRE STATE DEVELOPMENT CORPORATION SHALL RETAIN ONE OR MORE
 INDEPENDENT MWBE CONSULTANT FIRMS FOR  THE  PURPOSE  OF  HELPING  REDUCE
 CONTRACTOR  VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE. ANY CONTRACTOR
 FOUND BY THE DIRECTOR TO BE IN VIOLATION OF THE PROVISIONS OF THIS ARTI-
 CLE SHALL BE REQUIRED BY THE DIRECTOR TO RETAIN AN  INDEPENDENT  MONITOR
 WHO SHALL EXAMINE THE CIRCUMSTANCES UNDER WHICH A CONTRACTOR'S VIOLATION
 OR   VIOLATIONS  OCCURRED,  ASSIST  THE  CONTRACTOR  IN  RECTIFYING  ITS
 VIOLATIONS, IMPLEMENT ANY REMEDIAL ACTION PLAN AS DESCRIBED IN  SUBDIVI-
 SIONS  SIX  AND  SEVEN  OF  THIS  SECTION,  AND,  UNTIL SUCH TIME AS THE
 CONTRACTOR IS NO LONGER IN VIOLATION OF THE PROVISIONS OF THIS  ARTICLE,
 OPERATE AS AN INDEPENDENT MONITOR TO OVERSEE THE CONTRACTOR'S COMPLIANCE
 WITH  ITS OBLIGATIONS UNDER THIS ARTICLE. THE CONTRACTOR'S MONITOR SHALL
 PROVIDE REGULAR  REPORTS  CONCERNING  THE  CONTRACTOR'S  COMPLIANCE  AND
 PROGRESS TO THE MWBE CONTRACTOR ASSIGNED TO REVIEW THE CONTRACTOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to section 315
 of the executive law made by section one of this act  shall  not  affect
 the repeal of such section and shall be deemed repealed therewith.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05448-01-3

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