Bill Text: NY A09733 | 2015-2016 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed - Dead) 2016-06-14 - REFERRED TO RULES [A09733 Detail]

Download: New_York-2015-A09733-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9733--A
                   IN ASSEMBLY
                                      April 5, 2016
                                       ___________
        Introduced  by  M.  of  A.  BICHOTTE, GOTTFRIED, ROZIC, JAFFEE, SOLAGES,
          SEPULVEDA, SEAWRIGHT, WALKER, HOOPER, ROBINSON, HYNDMAN -- Multi-Spon-
          sored by -- M.  of A. BRENNAN, DAVILA, ENGLEBRIGHT --  read  once  and
          referred  to  the  Committee  on  Governmental Operations -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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 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
    23  of this article and (ii) the penalties or sanctions, if any, assessed in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13123-06-6
        A. 9733--A                          2
     1  connection with such determinations and the rationale for such penalties
     2  or  sanctions; (f) contains information on each contract identifying the
     3  following: (i) whether it is a contract  for  goods  or  services;  (ii)
     4  whether  the contract was awarded to a certified minority-owned business
     5  enterprise or a certified women-owned business enterprise  and  identify
     6  which  minority  group  member  the  minority-owned  business enterprise
     7  relies on for certification pursuant to this article; (iii) the name and
     8  business address  of  prime  contractors  and  subcontractors  providing
     9  services  under  such  contract;  and  (iv)  the  dollar  value  of such
    10  contract; and (g) contains a  summary  of  all  certified  minority  and
    11  women-owned  business  enterprises,  categorized  by  the minority group
    12  member that  such  minority-owned  business  enterprise  relies  on  for
    13  certification  pursuant  to  this  article and by gender.  Copies of the
    14  annual report shall be provided to the commissioner, the  governor,  the
    15  comptroller,  the  temporary president of the senate, the speaker of the
    16  assembly, the minority leader of the senate, the minority leader of  the
    17  assembly  and  shall  also  be  made widely available to the public via,
    18  among other things, publication on a website maintained by the  division
    19  of minority and women's business development.
    20    §  2.  This act shall take effect immediately; provided, however, that
    21  the amendments to section 315 of the executive law, made by section  one
    22  of  this  act, shall not affect the expiration of such section and shall
    23  be deemed to expire therewith.