S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1931
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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
 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)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03402-01-3
              

 A. 1931                             2
 
 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 repeal of such section  and  shall  be
 deemed repealed therewith.