S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1215
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  BAILEY, FERNANDEZ, PARKER, 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, 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 partic-
 ipation 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 and retrieval system containing information

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03240-01-5
              

 S. 1215                             2
 
 relevant to contracting with minority and  women-owned  business  enter-
 prises;  [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 determinations and the  ration-
 ale  for  such penalties or sanctions; (F) CONTAINS REPORTS ON CONTRACTS
 BY ETHNICITY,  GENDER,  INDUSTRY,  PRIME  CONTRACTOR  OR  SUBCONTRACTOR,
 CONTRACT TYPE, SUCH AS CONSTRUCTION, GOODS AND PURCHASE, PROFESSIONAL OR
 STANDARD  SERVICES, AND VALUE OF CONTRACT; AND (G) CONTAINS A SUMMARY OF
 ALL CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, CATEGORIZED
 BY ETHNICITY AND GENDER. FOR PURPOSES OF  THIS  SUBDIVISION  "ETHNICITY"
 SHALL  MEAN  THE SAME AS MINORITY GROUP MEMBER AS DEFINED BY SUBDIVISION
 EIGHT OF SECTION THREE HUNDRED TEN OF THIS ARTICLE,  AND  SHALL  INCLUDE
 CAUCASIAN  WOMEN.  Copies  of the annual report shall be provided to the
 commissioner, 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 wide-
 ly 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.