S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9889
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1. The executive law is amended by adding a new section 163-b
 to read as follows:
   § 163-B. M/WBE COMPLIANCE REPORT. 1. BY JUNE FIRST OF EACH  YEAR,  THE
 OFFICE  OF  THE  COMPTROLLER SHALL PREPARE AND RELEASE ON ITS WEBSITE AN
 ANNUAL REPORT THAT ISSUES LETTER GRADES TO EACH STATE AGENCY AND TO  THE
 COMPTROLLER'S  OFFICE BASED ON THE AGENCY'S OR OFFICE'S LEVEL OF SUCCESS
 IN CONTRACT SPENDING WITH MINORITY AND WOMEN-OWNED BUSINESS  ENTERPRISES
 PURSUANT TO ARTICLE FIFTEEN-A OF THIS CHAPTER. THE GRADES SHALL BE BASED
 ON  M/WBE  PARTICIPATION  GOALS FOR STATE AGENCIES ACROSS VARIOUS INDUS-
 TRIES AS PROVIDED IN SECTION THREE HUNDRED  THIRTEEN  OF  THIS  CHAPTER.
 SUCH  REPORT SHALL ASSIGN LETTER GRADES TO ALL STATE AGENCIES AND TO THE
 COMPTROLLER'S OFFICE AS FOLLOWS:
   A - GREAT STANDING;
   B - GOOD STANDING;
   C - AVERAGE, BUT COULD USE IMPROVEMENT;
   D - BELOW AVERAGE; AND
   F - UNACCEPTABLE.
   2. THE REPORT SHALL MEASURE THE ACTUAL SPENDING OF EACH AGENCY IN  THE
 PRIOR  FISCAL YEAR, AND NOT THE REGISTERED VALUE OF CONTRACTS, WHICH MAY
 OR MAY NOT HAVE RESULTED IN ACTUAL SPENDING OR WHICH COULD SPAN MULTIPLE
 YEARS. THE REPORT SHALL ASSIGN INDIVIDUAL GRADES TO EACH AGENCY'S SPEND-
 ING WITH  ASIAN-AMERICAN  FIRMS,  HISPANIC-AMERICAN  FIRMS,  BLACK-OWNED
 FIRMS AND WOMEN-OWNED FIRMS.
   3. FOR EACH AGENCY, THE REPORT SHALL STATE THE FOLLOWING:
   (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
 
   (B) THE TOTAL AMOUNT OF THE AGENCY'S ACTUAL M/WBE SPENDING;
   (C) THE NATURE OF THE MAJORITY OF THE SPENDING, SPECIFYING WHETHER THE
 SPENDING  WAS  FOR  CONSTRUCTION  SERVICES,  NON-CONSTRUCTION  SERVICES,
 COMMODITIES OR PROFESSIONAL SERVICES; AND
   (D) A COMPARISON OF THE AGENCY'S PRIOR  FISCAL  YEAR  ACTUAL  SPENDING
 AMOUNT  WITH  THE  AMOUNTS SPENT BY THE AGENCY DURING THE THREE PREVIOUS
 FISCAL YEARS, NOTING THE INCREASE OR DECREASE FROM YEAR TO YEAR.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date  upon which it shall have become a law and shall expire on the
 same date as article 15-A of the executive law expires  as  provided  in
 section  121  of  chapter 261 of the laws of 1988, as amended, when upon
 such date the provisions of this act shall be deemed repealed.