S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3605
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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)
 describes any efforts to create a database or other information  storage
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03402-01-3
              

 S. 3605                             2
 
 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.