NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1931
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the executive law, in relation to requirements of the
annual report from the division of minority and women's business devel-
opment
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require the annual report of the division
of minority and women's business development to contain certain informa-
tion relating to each contract.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill requires the annual report of the division of
minority and women's business development to contain information on each
contract identifying whether it is a contract for goods or services,
whether the contract was awarded to a certified minority-owned business
enterprise or a certified women-owned business enterprise, the name and
business address of prime contractors and subcontractors providing
services under such contract, and the dollar value of such contract. It
would also require the report to contain a summary of all certified
MWBEs, categorized by the minority group member that such MWBE relies on
for certification and by gender.
JUSTIFICATION:
This bill would require the Division of Minority and Women's Business
Development to report on their contracts in a more detailed manner which
would allow data to be sorted and reviewed more substantively. This
will help to ensure a comprehensive analysis of the division's data and
improve the functionality of the program.
PRIOR LEGISLATIVE HISTORY:
2021-22: A07471; referred to governmental operations
2019-20: A.1537; referred to governmental operations
2017-18: A.287; Passed Assembly
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 315 of the executive law, made by section one of
this act, shall not affect the expiration of such section and shall be
deemed to expire therewith.
STATE OF NEW YORK
________________________________________________________________________
1931
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN, HYNDMAN, SEAWRIGHT,
JEAN-PIERRE, ROZIC, WALKER -- read once and referred to the Committee
on Governmental Operations
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)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03402-01-3
A. 1931 2
1 describes any efforts to create a database or other information storage
2 and retrieval system containing information relevant to contracting with
3 minority and women-owned business enterprises; [and] (e) contains a
4 summary of (i) all determinations of violations of this article by a
5 contractor or a contracting agency made during the period covered by the
6 annual report pursuant to section three hundred sixteen-a of this arti-
7 cle and (ii) the penalties or sanctions, if any, assessed in connection
8 with such determinations and the rationale for such penalties or sanc-
9 tions; and (f) contains information on each contract identifying the
10 following: (i) whether it is a contract for goods or services; (ii)
11 whether the contract was awarded to a certified minority-owned business
12 enterprise or a certified women-owned business enterprise and identify
13 which minority group member the minority-owned business enterprise
14 relies on for certification pursuant to this article; (iii) the name and
15 business address of prime contractors and subcontractors providing
16 services under such contract; and (iv) the dollar value of such
17 contract. Copies of the annual report shall be provided to the commis-
18 sioner, the governor, the comptroller, the temporary president of the
19 senate, the speaker of the assembly, the minority leader of the senate,
20 the minority leader of the assembly and shall also be made widely avail-
21 able to the public via, among other things, publication on a website
22 maintained by the division of minority and women's business development.
23 § 2. This act shall take effect immediately; provided, however, that
24 the amendments to section 315 of the executive law, made by section one
25 of this act, shall not affect the repeal of such section and shall be
26 deemed repealed therewith.
