S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  694--A
     Cal. No. 247
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, MANNION -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance -- recom-
   mitted to the Committee on Procurement  and  Contracts  in  accordance
   with  Senate Rule 6, sec. 8 -- reported favorably from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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:
 
   Section  1.  Subdivision  4  of  section  315 of the executive law, as
 amended by chapter 96 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   4.  The  division  of  minority and women's business development shall
 issue an annual report which: (a) summarizes  the  report  submitted  by
 each  contracting  agency pursuant to subdivision three of this section;
 (b) contains such comparative or other information as the director deems
 appropriate, including but not  limited  to  goals  compared  to  actual
 participation  of minority and women-owned business enterprises in state
 contracting and a listing of annual participation rates for each agency,
 the total number of certified minority and  women-owned  businesses  for
 that reporting year CATEGORIZED BY THE MINORITY GROUP THAT SUCH BUSINESS
 RELIES  ON FOR CERTIFICATION PURSUANT TO THIS ARTICLE AND BY GENDER, and
 the total dollar value of state expenditures on certified  minority  and
 women-owned business contracts and subcontracts for that reporting year,
 to  evaluate the effectiveness of the activities undertaken by each such
 contracting agency  to  promote  increased  participation  by  certified
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00584-04-2
 S. 694--A                           2
 
 minority  or  women-owned businesses with respect to state contracts and
 subcontracts; (c) contains a summary of all waivers of the  requirements
 of  subdivisions six and seven of section three hundred thirteen of this
 article  allowed by each contracting agency during the period covered by
 the report, including a description of the basis of the  waiver  request
 and the contracting agency's rationale for granting any such waiver; (d)
 describes  any efforts to create a database or other information storage
 and retrieval system containing information relevant to contracting with
 minority and women-owned business  enterprises;  [and]  (e)  contains  a
 summary  of  (i)  all  determinations of violations of this article by a
 contractor or a contracting agency made during the period covered by the
 annual report pursuant to section three hundred sixteen-a of this  arti-
 cle  and (ii) the penalties or sanctions, if any, assessed in connection
 with such determinations and the rationale for such penalties  or  sanc-
 tions;  AND  (F)  CONTAINS  INFORMATION ON EACH CONTRACT IDENTIFYING THE
 FOLLOWING:  (I) WHETHER IT IS A CONTRACT FOR  GOODS  OR  SERVICES;  (II)
 WHETHER  THE CONTRACT WAS AWARDED TO A CERTIFIED MINORITY-OWNED BUSINESS
 ENTERPRISE OR A CERTIFIED WOMEN-OWNED BUSINESS ENTERPRISE  AND  IDENTIFY
 WHICH  MINORITY  GROUP  MEMBER  THE  MINORITY-OWNED  BUSINESS ENTERPRISE
 RELIES ON FOR CERTIFICATION PURSUANT TO THIS ARTICLE; (III) THE NAME AND
 BUSINESS ADDRESS  OF  PRIME  CONTRACTORS  AND  SUBCONTRACTORS  PROVIDING
 SERVICES  UNDER  SUCH  CONTRACT;  AND  (IV)  THE  DOLLAR  VALUE  OF SUCH
 CONTRACT.  Copies of the annual report shall be provided to the  commis-
 sioner,  the  governor,  the comptroller, the temporary president of the
 senate, the speaker of the assembly, the minority leader of the  senate,
 the minority leader of the assembly and shall also be made widely avail-
 able  to  the  public  via, among other things, publication on a website
 maintained by the division of minority and women's business development.
   § 2. 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.