S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9457
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- 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, THE NUMBER OF APPLICATIONS FOR NEW CERTIFICATIONS
 AND RECERTIFICATIONS INCLUDING THOSE APPROVED,  THE  AVERAGE  LENGTH  OF
 TIME  TO  DETERMINE  AN APPROVAL, THE NUMBER OF APPLICATIONS DENIED, THE
 BASIS FOR ANY DENIALS AND THE AVERAGE LENGTH  OF  TIME  TO  DETERMINE  A
 DENIAL,  and  the  total dollar value of state expenditures on certified
 minority and women-owned business contracts and  subcontracts  for  that
 reporting  year,  EACH  OF  THE FOREGOING INFORMATION CATEGORIZED BY THE
 MINORITY GROUP THAT SUCH BUSINESS RELIES ON FOR  CERTIFICATION  PURSUANT
 TO  THIS  ARTICLE  AND  BY  GENDER, 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 contract-
 ing  agency  during  the  period  covered  by  the  report,  including a
 description of the basis of the waiver request and the contracting agen-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 A. 9457                             2
 
 cy'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 article and (ii) the
 penalties or sanctions, if any, assessed in connection with such  deter-
 minations  and  the  rationale  for such penalties or sanctions; 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  IDENTIFIES  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 commissioner,  the  gover-
 nor, 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 available  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.