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This entry was published on 2019-07-19
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SECTION 317
Superseding effect of article with respect to state law
Executive (EXC) CHAPTER 18, ARTICLE 15-A
* § 317. Superseding effect of article with respect to state law. The
provisions of this article shall supersede any other provision of state
law, which expressly implements or mandates an equal employment
opportunity program or a program for securing participation by minority
and women-owned business enterprises, concerning action to be taken by
any party to a state contract, to which the provisions of this article
apply; provided, however, that the provisions of any state law, not as
hereinabove superseded, which expressly implement or mandate such
programs shall remain unimpaired by the provisions of this article,
except that the provisions of any such law shall be construed as if the
provisions of subdivisions five, six, seven and eight of section three
hundred thirteen and section three hundred sixteen of this article were
fully set forth therein and made applicable only to complaints of
violations under such provisions of law occurring on or after September
first, nineteen hundred eighty-eight; provided, further, that nothing
contained in this article shall be construed to limit, impair, or
otherwise restrict any state agency's authority or discretionary power
in effect prior to the enactment of this article to establish or
continue, by rule, regulation or resolution, an equal opportunity
program or a program for securing participation of minority and
women-owned business enterprises with regard to banking relationships,
the issuance of insurance policies or contracts for the sale of bonds,
notes or other securities; and, provided further, that nothing contained
in the immediately preceding proviso shall be construed to create,
impair, alter, limit, modify, enlarge, abrogate or restrict any agency's
authority or discretionary power with respect to an equal opportunity
program or a program for securing participation of minority and
women-owned enterprises.

* NB Repealed December 31, 2024