Bill Text: NY A01537 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to the requirements of the annual report from the division of minority and women's business development.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-01-15 - referred to governmental operations [A01537 Detail]

Download: New_York-2019-A01537-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
        Introduced  by  M.  of A. BICHOTTE, HYNDMAN, SOLAGES, SEAWRIGHT, JAFFEE,
          BLAKE, GOTTFRIED, JEAN-PIERRE, ROZIC, WALKER -- Multi-Sponsored by  --
          M.  of  A.   ENGLEBRIGHT -- read once and referred to the Committee on
          Governmental Operations
        AN ACT to amend the executive law, in relation to  requirements  of  the
          annual  report  from  the  division  of  minority and women's business
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 315 of the executive law, as added
     2  by chapter 175 of the laws of 2010, is amended to read as follows:
     3    4.  The  division  of  minority and women's business development shall
     4  issue an annual report which: (a) summarizes  the  report  submitted  by
     5  each  contracting  agency pursuant to subdivision three of this section;
     6  (b) contains such comparative or other information as the director deems
     7  appropriate, including but not  limited  to  goals  compared  to  actual
     8  participation  of minority and women-owned business enterprises in state
     9  contracting, to evaluate the effectiveness of the activities  undertaken
    10  by  each  such  contracting agency to promote increased participation by
    11  certified minority or  women-owned  businesses  with  respect  to  state
    12  contracts and subcontracts; (c) contains a summary of all waivers of the
    13  requirements  of  subdivisions  six  and  seven of section three hundred
    14  thirteen of this article allowed by each contracting agency  during  the
    15  period  covered  by  the report, including a description of the basis of
    16  the waiver request and the contracting agency's rationale  for  granting
    17  any such waiver; (d) describes any efforts to create a database or other
    18  information storage and retrieval system containing information relevant
    19  to contracting with minority and women-owned business enterprises; [and]
    20  (e)  contains  a summary of (i) all determinations of violations of this
    21  article by a contractor or a contracting agency made during  the  period
    22  covered by the annual report pursuant to section three hundred sixteen-a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1537                             2
     1  of this article and (ii) the penalties or sanctions, if any, assessed in
     2  connection with such determinations and the rationale for such penalties
     3  or  sanctions; (f) contains information on each contract identifying the
     4  following:  (i)  whether  it  is  a contract for goods or services; (ii)
     5  whether the contract was awarded to a certified minority-owned  business
     6  enterprise  or  a certified women-owned business enterprise and identify
     7  which minority  group  member  the  minority-owned  business  enterprise
     8  relies on for certification pursuant to this article; (iii) the name and
     9  business  address  of  prime  contractors  and  subcontractors providing
    10  services under  such  contract;  and  (iv)  the  dollar  value  of  such
    11  contract;  and  (g)  contains  a  summary  of all certified minority and
    12  women-owned business enterprises,  categorized  by  the  minority  group
    13  member  that  such  minority-owned  business  enterprise  relies  on for
    14  certification pursuant to this article and by gender.    Copies  of  the
    15  annual  report  shall be provided to the commissioner, the governor, the
    16  comptroller, the temporary president of the senate, the speaker  of  the
    17  assembly,  the minority leader of the senate, the minority leader of the
    18  assembly and shall also be made widely  available  to  the  public  via,
    19  among  other things, publication on a website maintained by the division
    20  of minority and women's business development.
    21    § 2. This act shall take effect immediately; provided,  however,  that
    22  the  amendments to section 315 of the executive law, made by section one
    23  of this act, shall not affect the expiration of such section  and  shall
    24  be deemed to expire therewith.