What's happening
This bill requires state agencies to publicly report and publish details of waivers from minority and women-owned business participation requirements in state contracts.
Why it matters
Increases transparency and public oversight. by requiring agencies to publish detailed information about every waiver granted, including contract value, contractor name, date, and whether the waiver is partial or total. This makes it easier for the public to track when and why minority and women-owned business (MWBE) participation requirements are set aside.
Creates a centralized, publicly accessible record. at the Division of Minority and Women’s Business Development, enabling advocates, businesses, journalists, and citizens to analyze patterns in waivers across all state agencies, potentially identifying trends or systemic issues in MWBE participation.
May encourage greater compliance and diligence. from contractors and agencies, as the prospect of public scrutiny could deter unjustified or excessive use of waivers and motivate better efforts to engage MWBEs.
Facilitates policy evaluation and reform. by providing policymakers and watchdog groups with concrete data about which agencies, contracts, or regions most often sidestep participation goals, informing future legislative or administrative action to strengthen MWBE inclusion.
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Who cares
Headline styles
Publish Waivers for MWBE Contracts
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
1 Co-sponsor
History
- Reported and committed to finance
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Publish MWBE Waiver Details
In Senate Committee · Investigations And Government Operations · Sponsor Rodneyse Bichotte Hermelyn
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7688
IN SENATE
February 8, 2018
Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
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 Assembly, do enact as follows:
Section 1. Subdivision 6 of section 313 of the executive law, as amended by chapter 175 of the laws of 2010, 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 womenowned 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 located 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 determination, the contracting agency shall first consider the availability of other business enterprises located in the region and shall thereafter consider the financial ability of minority and women-owned businesses located outside the region in which the contract is to be performed to perform the state contract.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01520-01-7
S. 7688 2
(b) Within thirty days of the issuance of a partial or total waiver 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: (A) information identifying the contract, including the value of the contract; (B) the name of the contractor receiving the waiver; (C) the date of the waiver; (D) whether the waiver was a total or partial waiver; and (E) the specific contract provisions to which the waiver applies.
§ 2. Paragraphs (h) and (i) of subdivision 3 of section 311 of the executive law, paragraph (h) as amended and paragraph (i) as added by section 1 of part BB of chapter 59 of the laws of 2006, are amended and a new paragraph (j) is added to read as follows:
(h) notwithstanding the provisions of section two hundred ninety-six of this chapter, to file a complaint pursuant to the provisions of section two hundred ninety-seven of this chapter where the director has knowledge that a contractor may have violated the provisions of paragraph (a), (b) or (c) of subdivision one of section two hundred ninetysix of this chapter where such violation is unrelated, separate or distinct from the state contract as expressed by its terms; [and]
(i) to streamline the state certification process to accept federal and municipal corporation certifications[.]; and
(j) to keep a record of partial and total waivers of compliance reported pursuant to paragraph (b) of subdivision six of section three hundred thirteen of this article and to make such record publicly available on the division's website. The record shall provide, at a minimum: (A) information identifying the contract, including the value of the contract; (B) information identifying the contracting agency; (C) the name of the contractor receiving the waiver; and (D) the date of the waiver.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that:
a. the amendments made to subdivision 6 of section 313 of the executive law by section one of this act shall not affect the expiration of such article and shall be deemed expired therewith;
b. the amendments made to subdivision 3 of section 311 of the executive law by section two of this act shall not affect the expiration of such article and shall be deemed expired therewith; and
c. the director of the division of minority and women's business development may immediately promulgate rules and regulations and take all other necessary actions to implement the provisions of this act on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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 enter- prise participation requirements
Purpose
The purpose of this bill is to allow the public to see which contracts have been granted waivers.
Summary of provisions
Section one of the bill requires a contracting agency, within 30 days of the issuance of a partial or total waiver of compliance, to report the issuance of the waiver to the director of the Division of Minority and Women's Business Development, and make certain information regarding the contract waiver publicly available on their website.
Section two of the bill requires the Division of Minority and Women's Business Development to keep records of such waivers, and make them publicly available on the division's website.
Section three of the bill provides the effective date.
Justification
In order to support the participation coals for minority and women-owned business enterprises (MWBEs) throughout New York State, this bill aims to ensure that a good faith effort has been made to comply participation requirements set forth in a particular state contract in order to receive partial or total waivers in the event that there is not reason- able availability of MWBE contractors, and that the issuance of these waivers will be published in order to provide better transparency and accountability.
Legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.