Bill Text: NY A09708 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 9708 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Sponsorship: Partisan Bill (Democrat 17)

Status: (Engrossed - Dead) 2016-06-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A09708 Detail]

Download: New_York-2015-A09708-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          9708
                   IN ASSEMBLY
                                      April 5, 2016
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
        AN  ACT to amend the executive law and the labor 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:
     1    Section  1.  Subdivision  6  of  section  313 of the executive law, as
     2  amended by chapter 175 of the laws  of  2010,  is  amended  to  read  as
     3  follows:
     4    6.  (a)  Where it appears that a contractor cannot, after a good faith
     5  effort, comply with the minority  and  women-owned  business  enterprise
     6  participation  requirements  set forth in a particular state contract, a
     7  contractor may file a written application with  the  contracting  agency
     8  requesting  a partial or total waiver of such requirements setting forth
     9  the reasons for such contractor's inability to meet any or  all  of  the
    10  participation  requirements  together with an explanation of the efforts
    11  undertaken by the contractor to obtain the required minority and  women-
    12  owned  business enterprise participation. In implementing the provisions
    13  of this section, the contracting agency shall consider  the  number  and
    14  types  of  minority  and women-owned business enterprises located in the
    15  region in which the state contract is to be performed, the total  dollar
    16  value  of  the state contract, the scope of work to be performed and the
    17  project size and term. If, based on such considerations, the contracting
    18  agency determines there is not a reasonable availability of  contractors
    19  on  the  list of certified business to furnish services for the project,
    20  it shall issue a waiver of compliance to the contractor. In making  such
    21  determination,  the  contracting  agency shall first consider the avail-
    22  ability of other business enterprises located in the  region  and  shall
    23  thereafter  consider  the  financial ability of minority and women-owned
    24  businesses located outside the region in which the  contract  is  to  be
    25  performed to perform the state contract.
    26    (b) Within thirty days of the issuance of a partial or total waiver of
    27  compliance  as  provided  in  paragraph  (a)  of  this  subdivision, the
    28  contracting agency shall:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14601-02-6