Bill Text: NY S04165 | 2021-2022 | General Assembly | Introduced

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-owned and women-owned business enterprise participation requirements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-08-02 - SIGNED CHAP.348 [S04165 Detail]

Download: New_York-2021-S04165-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4165

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 2, 2021
                                       ___________

        Introduced  by  Sen.  BAILEY -- 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 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. Paragraph (b) of subdivision 6 of section 313 of the execu-
     2  tive law, as amended by chapter 96 of the laws of 2019,  is  amended  to
     3  read as follows:
     4    (b)  Upon  the  issuance  of  all waivers of compliance as provided in
     5  paragraph (a) of this subdivision, the  contracting  agency  shall:  (i)
     6  report  the  issuance of the waiver to the director; and (ii) publish on
     7  the contracting agency's website on a monthly basis, if practicable, but
     8  no less than on a quarterly basis, in a location  easily  accessible  to
     9  the general public:  (1) information identifying the contract, including
    10  the  value of the contract; (2) the name of the contractor receiving the
    11  waiver; (3) the date of the waiver; [and] (4) whether the waiver  was  a
    12  partial  or  total  waiver;  and (5) the specific contract provisions to
    13  which the waiver applies.
    14    § 2. Paragraph (j) of subdivision 3 of section 311  of  the  executive
    15  law, as amended by chapter 96 of the laws of 2019, is amended to read as
    16  follows:
    17    (j)  to  make  publicly available records of all waivers of compliance
    18  reported pursuant to paragraph (b) of subdivision six of  section  three
    19  hundred thirteen of this article on the division's website in a location
    20  easily accessible to the general public.  The record shall provide, at a
    21  minimum:  (A) information identifying the contract, including the amount
    22  of the contract; (B) information identifying the contracting agency; (C)

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07939-02-1
        S. 4165                             2

     1  the name of the contractor receiving the waiver; and (D) the date of the
     2  waiver.
     3    §  3.  Section 21 of the labor law is amended by adding a new subdivi-
     4  sion 16 to read as follows:
     5    16. Shall compile and publish, on an annual basis, a list  of  waivers
     6  of  compliance  with  state  contract provisions concerning minority and
     7  women-owned  business  enterprise  participation  requirements,   issued
     8  pursuant  to  paragraph  (b) of subdivision six of section three hundred
     9  thirteen of the executive law. The commissioner or his or  her  delegate
    10  shall make such list publicly available on the department's website in a
    11  location  easily  accessible  to  the  general  public.  The  list shall
    12  provide, at a minimum: (A) information identifying the contract, includ-
    13  ing  the  amount  of  the  contract;  (B)  information  identifying  the
    14  contracting agency; (C) the name of the contractor receiving the waiver;
    15  and (D) the date of the waiver.
    16    §  4.  This  act  shall take effect on the sixtieth day after it shall
    17  have become a law; provided, however, that:
    18    a. the amendments to subdivision 6 of section 313 of the executive law
    19  made by section one of this act shall not affect the expiration of arti-
    20  cle 15-A of such law and shall be deemed to expire therewith; and
    21    b. the amendments to subdivision 3 of section 311 of the executive law
    22  made by section two of this act shall not affect the expiration of arti-
    23  cle 15-A of such law and shall be deemed to expire therewith.
    24    c.  Effective immediately, the addition, amendment  and/or  repeal  of
    25  any  rule  or regulation necessary for the implementation of this act on
    26  its effective date are authorized to be made and completed on or  before
    27  such effective date.