Requires the state comptroller to prepare and release an annual report grading each state agency on its spending with minority- and women-owned business.
STATE OF NEW YORK
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9889
IN ASSEMBLY
February 16, 2018
___________
Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Governmental Operations
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-
22 ing with Asian-American firms, Hispanic-American firms, black-owned
23 firms and women-owned firms.
24 3. For each agency, the report shall state the following:
25 (a) the total dollar amount of the agency's M/WBE-eligible spending;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14746-03-8
A. 9889 2
1 (b) the total amount of the agency's actual M/WBE spending;
2 (c) the nature of the majority of the spending, specifying whether the
3 spending was for construction services, non-construction services,
4 commodities or professional services; and
5 (d) a comparison of the agency's prior fiscal year actual spending
6 amount with the amounts spent by the agency during the three previous
7 fiscal years, noting the increase or decrease from year to year.
8 § 2. This act shall take effect on the first of April next succeeding
9 the date upon which it shall have become a law and shall expire on the
10 same date as article 15-A of the executive law expires as provided in
11 section 121 of chapter 261 of the laws of 1988, as amended, when upon
12 such date the provisions of this act shall be deemed repealed.
