Bill Text: NY S07240 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the state comptroller to prepare and release an annual report grading each state agency on its spending with minority- and women-owned business.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S07240 Detail]

Download: New_York-2023-S07240-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7240

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance

        AN ACT to amend the executive law, in relation to  requiring  the  state
          comptroller to prepare and release an annual report grading each state
          agency  on  its spending with minority and women-owned business enter-
          prises; and providing for the repeal of such provisions  upon  expira-
          tion thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section  163-b
     2  to read as follows:
     3    §  163-b.  M/WBE compliance report. 1. By June first of each year, the
     4  office of the comptroller shall prepare and release on  its  website  an
     5  annual  report that issues letter grades to each state agency and to the
     6  comptroller's office based on the agency's or office's level of  success
     7  in  contract spending with minority and women-owned business enterprises
     8  pursuant to article fifteen-A of this chapter. The grades shall be based
     9  on M/WBE participation goals for state agencies  across  various  indus-
    10  tries  as  provided  in  section three hundred thirteen of this chapter.
    11  Such report shall assign letter grades to all state agencies and to  the
    12  comptroller's office as follows:
    13    A - great standing;
    14    B - good standing;
    15    C - average, but could use improvement;
    16    D - below average; and
    17    F - unacceptable.
    18    2.  The report shall measure the actual spending of each agency in the
    19  prior fiscal year, and not the registered value of contracts, which  may
    20  or may not have resulted in actual spending or which could span multiple
    21  years. The report shall assign individual grades to each agency's spend-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05467-01-3
        S. 7240                             2

     1  ing  with  Asian-American  firms,  Hispanic-American  firms, black-owned
     2  firms and women-owned firms.
     3    3. For each agency, the report shall state the following:
     4    (a) the total dollar amount of the agency's M/WBE-eligible spending;
     5    (b) the total amount of the agency's actual M/WBE spending;
     6    (c) the nature of the majority of the spending, specifying whether the
     7  spending  was  for  construction  services,  non-construction  services,
     8  commodities or professional services; and
     9    (d) a comparison of the agency's prior  fiscal  year  actual  spending
    10  amount  with  the  amounts spent by the agency during the three previous
    11  fiscal years, noting the increase or decrease from year to year.
    12    § 2. This act shall take effect on the first of April next  succeeding
    13  the  date  upon which it shall have become a law and shall expire on the
    14  same date as article 15-A of the executive law expires  as  provided  in
    15  section  121  of  chapter 261 of the laws of 1988, as amended, when upon
    16  such date the provisions of this act shall be deemed repealed.