Bill Text: NY A01931 | 2023-2024 | 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 9-0)
Status: (Introduced) 2023-05-15 - substituted by s3605 [A01931 Detail]
Download: New_York-2023-A01931-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1931 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. BICHOTTE HERMELYN, HYNDMAN, SEAWRIGHT, JEAN-PIERRE, ROZIC, WALKER -- 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 development 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 2 amended by chapter 96 of the laws of 2019, is amended to read as 3 follows: 4 4. The division of minority and women's business development shall 5 issue an annual report which: (a) summarizes the report submitted by 6 each contracting agency pursuant to subdivision three of this section; 7 (b) contains such comparative or other information as the director deems 8 appropriate, including but not limited to goals compared to actual 9 participation of minority and women-owned business enterprises in state 10 contracting and a listing of annual participation rates for each agency, 11 the total number of certified minority and women-owned businesses for 12 that reporting year categorized by the minority group that such business 13 relies on for certification pursuant to this article and by gender, and 14 the total dollar value of state expenditures on certified minority and 15 women-owned business contracts and subcontracts for that reporting year, 16 to evaluate the effectiveness of the activities undertaken by each such 17 contracting agency to promote increased participation by certified 18 minority or women-owned businesses with respect to state contracts and 19 subcontracts; (c) contains a summary of all waivers of the requirements 20 of subdivisions six and seven of section three hundred thirteen of this 21 article allowed by each contracting agency during the period covered by 22 the report, including a description of the basis of the waiver request 23 and the contracting agency's rationale for granting any such waiver; (d) EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03402-01-3A. 1931 2 1 describes any efforts to create a database or other information storage 2 and retrieval system containing information relevant to contracting with 3 minority and women-owned business enterprises; [and] (e) contains a 4 summary of (i) all determinations of violations of this article by a 5 contractor or a contracting agency made during the period covered by the 6 annual report pursuant to section three hundred sixteen-a of this arti- 7 cle and (ii) the penalties or sanctions, if any, assessed in connection 8 with such determinations and the rationale for such penalties or sanc- 9 tions; and (f) contains information on each contract identifying the 10 following: (i) whether it is a contract for goods or services; (ii) 11 whether the contract was awarded to a certified minority-owned business 12 enterprise or a certified women-owned business enterprise and identify 13 which minority group member the minority-owned business enterprise 14 relies on for certification pursuant to this article; (iii) the name and 15 business address of prime contractors and subcontractors providing 16 services under such contract; and (iv) the dollar value of such 17 contract. Copies of the annual report shall be provided to the commis- 18 sioner, the governor, the comptroller, the temporary president of the 19 senate, the speaker of the assembly, the minority leader of the senate, 20 the minority leader of the assembly and shall also be made widely avail- 21 able to the public via, among other things, publication on a website 22 maintained by the division of minority and women's business development. 23 § 2. This act shall take effect immediately; provided, however, that 24 the amendments to section 315 of the executive law, made by section one 25 of this act, shall not affect the repeal of such section and shall be 26 deemed repealed therewith.
