Bill Text: NY S08689 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the requirements of the annual report from the division of minority and women's business development; requires the number of new certifications and recertifications including the basis for any denials be included in the annual report from the division of minority and women's business development.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-02-29 - REFERRED TO PROCUREMENT AND CONTRACTS [S08689 Detail]

Download: New_York-2023-S08689-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8689

                    IN SENATE

                                    February 29, 2024
                                       ___________

        Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Procurement and Contracts

        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, the number of applications for new certifications
    13  and recertifications including those approved,  the  average  length  of
    14  time  to  determine  an approval, the number of applications denied, the
    15  basis for any denials and the average length  of  time  to  determine  a
    16  denial,  and  the  total dollar value of state expenditures on certified
    17  minority and women-owned business contracts and  subcontracts  for  that
    18  reporting  year,  each  of  the foregoing information categorized by the
    19  minority group that such business relies on for  certification  pursuant
    20  to  this  article  and  by  gender, to evaluate the effectiveness of the
    21  activities  undertaken  by  each  such  contracting  agency  to  promote
    22  increased  participation by certified minority or women-owned businesses
    23  with respect to state contracts and subcontracts; (c) contains a summary
    24  of all waivers of the requirements of  subdivisions  six  and  seven  of
    25  section three hundred thirteen of this article allowed by each contract-
    26  ing  agency  during  the  period  covered  by  the  report,  including a
    27  description of the basis of the waiver request and the contracting agen-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10008-05-4
        S. 8689                             2

     1  cy's rationale for granting any such waiver; (d) describes  any  efforts
     2  to  create  a database or other information storage and retrieval system
     3  containing information relevant to contracting with minority and  women-
     4  owned  business  enterprises;  [and]  (e)  contains a summary of (i) all
     5  determinations of violations of  this  article  by  a  contractor  or  a
     6  contracting  agency  made during the period covered by the annual report
     7  pursuant to section three hundred sixteen-a of this article and (ii) the
     8  penalties or sanctions, if any, assessed in connection with such  deter-
     9  minations  and  the  rationale  for such penalties or sanctions; and (f)
    10  contains information on  each  contract  identifying  the following: (i)
    11  whether it is a  contract  for  goods  or  services;  (ii)  whether  the
    12  contract  was  awarded to a certified minority-owned business enterprise
    13  or a certified women-owned  business  enterprise  and  identifies  which
    14  minority group member the minority-owned  business  enterprise relies on
    15  for  certification pursuant to this article; (iii) the name and business
    16  address of prime contractors  and    subcontractors  providing  services
    17  under  such contract; and (iv) the dollar value of such contract. Copies
    18  of the annual report shall be provided to the commissioner,  the  gover-
    19  nor, the comptroller, the temporary president of the senate, the speaker
    20  of  the assembly, the minority leader of the senate, the minority leader
    21  of the assembly and shall also be made widely available  to  the  public
    22  via,  among  other  things,  publication  on a website maintained by the
    23  division of minority and women's business development.
    24    § 2. This act shall take effect immediately; provided,  however,  that
    25  the  amendments to section 315 of the executive law, made by section one
    26  of this act, shall not affect the repeal of such section  and  shall  be
    27  deemed repealed therewith.