S T A T E O F N E W Y O R K
________________________________________________________________________
1130
2009-2010 Regular Sessions
I N S E N A T E
January 26, 2009
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Introduced by Sens. PERKINS, BRESLIN, DIAZ, DILAN, DUANE, HASSELL-THOMP-
SON, C. JOHNSON, KLEIN, KRUEGER, KRUGER, MONTGOMERY, ONORATO, OPPEN-
HEIMER, PARKER, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SMITH, THOMP-
SON, VALESKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance
AN ACT to amend the executive law, in relation to authorizing a study on
the minority and women-owned business enterprise programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 312-b
to read as follows:
S 312-B. STUDY OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE
PROGRAMS. 1. THE DIRECTOR OF THE DIVISION OF MINORITY AND WOMEN-OWNED
BUSINESS DEVELOPMENT IN THE DEPARTMENT OF ECONOMIC DEVELOPMENT IS
AUTHORIZED AND DIRECTED TO COMMISSION A STATEWIDE DISPARITY STUDY
REGARDING THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISES IN STATE CONTRACTS SINCE THE ENACTMENT OF THIS ARTICLE. THE STUDY
SHALL BE PREPARED BY AN ENTITY INDEPENDENT OF THE DEPARTMENT AND
SELECTED THROUGH A REQUEST FOR PROPOSAL PROCESS. THE PURPOSE OF SUCH
STUDY IS TO DETERMINE WHETHER THERE IS A DISPARITY BETWEEN THE NUMBER OF
QUALIFIED MINORITY AND WOMEN-OWNED BUSINESSES READY, WILLING AND ABLE TO
PERFORM STATE CONTRACTS FOR COMMODITIES, SERVICES AND CONSTRUCTION, AND
THE NUMBER OF SUCH CONTRACTORS ACTUALLY ENGAGED TO PERFORM SUCH
CONTRACTS, AND TO DETERMINE WHAT CHANGES, IF ANY, SHOULD BE MADE TO
STATE POLICIES AFFECTING MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES.
SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS OF THE
IMPACT OF COURT DECISIONS REGARDING THE USE OF QUOTAS AND SET-ASIDES AS
A MEANS OF SECURING AND ENSURING PARTICIPATION BY MINORITIES AND WOMEN,
AND A DISPARITY ANALYSIS BY MARKET AREA AND REGION OF THE STATE.
2. THE DIRECTOR OF THE DIVISION OF MINORITY AND WOMEN-OWNED BUSINESS
DEVELOPMENT IS DIRECTED TO TRANSMIT THE DISPARITY STUDY TO THE GOVERNOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05459-01-9
S. 1130 2
AND THE LEGISLATURE NOT LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE
DATE OF THIS SUBDIVISION, AND TO POST THE STUDY ON THE WEBSITE OF THE
DEPARTMENT OF ECONOMIC DEVELOPMENT.
S 2. This act shall take effect immediately; provided, however, that
the amendments to article 15-A of the executive law made by section one
of this act shall not affect the expiration of such article and shall be
deemed to expire therewith.