What's happening
This bill requires the Empire State Development Corporation to hire independent MWBE consultants to help reduce contractor violations and mandates violators to retain independent monitors for compliance oversight.
Why it matters
Enhances accountability. by requiring independent MWBE (Minority and Women-owned Business Enterprise) consultants and monitors, which could reduce repeat violations and encourage contractors to proactively comply with diversity requirements.
Creates a structured remediation process. for contractors in violation, obligating them to work with an independent monitor who will examine why violations happened, help fix them, and oversee ongoing compliance until the contractor meets standards.
Increases transparency. through mandated regular reports from independent monitors to MWBE oversight staff, providing a clearer, documented record of contractor progress and compliance.
May lead to improved participation of MWBEs. in state contracts by strengthening enforcement and providing targeted support, potentially resulting in fairer contracting opportunities and reduced discrimination or neglect of MWBE obligations.
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Who cares
Headline styles
Hire MWBE Compliance Monitors
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1676
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. BICHOTTE -- 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 compliance
The People of the State of New York, represented in Senate and Assembly, 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 article 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 subdivisions 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 expiration of such section and shall be deemed to expire therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00218-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.