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S03605 Summary:

S03605 Actions:

S03605 Committee Votes:

S03605 Floor Votes:

S03605 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3605
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2023
                                       ___________
 
        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 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)
    24  describes any efforts to create a database or other information  storage
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03402-01-3
        S. 3605                             2
 
     1  and retrieval system containing information relevant to contracting with
     2  minority  and  women-owned  business  enterprises;  [and] (e) contains a
     3  summary of (i) all determinations of violations of  this  article  by  a
     4  contractor or a contracting agency made during the period covered by the
     5  annual  report pursuant to section three hundred sixteen-a of this arti-
     6  cle and (ii) the penalties or sanctions, if any, assessed in  connection
     7  with  such  determinations and the rationale for such penalties or sanc-
     8  tions; and (f) contains information on  each  contract  identifying  the
     9  following:    (i)  whether  it is a contract for goods or services; (ii)
    10  whether the contract was awarded to a certified minority-owned  business
    11  enterprise  or  a certified women-owned business enterprise and identify
    12  which minority  group  member  the  minority-owned  business  enterprise
    13  relies on for certification pursuant to this article; (iii) the name and
    14  business  address  of  prime  contractors  and  subcontractors providing
    15  services under  such  contract;  and  (iv)  the  dollar  value  of  such
    16  contract.   Copies of the annual report shall be provided to the commis-
    17  sioner, the governor, the comptroller, the temporary  president  of  the
    18  senate,  the speaker of the assembly, the minority leader of the senate,
    19  the minority leader of the assembly and shall also be made widely avail-
    20  able to the public via, among other things,  publication  on  a  website
    21  maintained by the division of minority and women's business development.
    22    §  2.  This act shall take effect immediately; provided, however, that
    23  the amendments to section 315 of the executive law, made by section  one
    24  of  this  act,  shall not affect the repeal of such section and shall be
    25  deemed repealed therewith.