S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10544

                          I N  A S S E M B L Y

                              June 4, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. P. Rivera,
  Scarborough, Englebright) -- read once and referred to  the  Committee
  on Governmental Operations

AN  ACT  to  amend  the  executive law, in relation to including certain
  information in the study of minority and women-owned  business  enter-
  prise programs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1  of  section  312-a  of  the
executive law, as amended by chapter 175 of the laws of 2010, is amended
to read as follows:
  (b)  to  determine  whether there is a disparity between the number of
qualified minorities and women ready, willing and able, with respect  to
labor markets, qualifications and other relevant factors, to participate
in  contractor  employment, management level bodies, including boards of
directors, and as senior executive officers within contracting  entities
and  the  number  of  such group members actually employed or affiliated
with state contractors in the aforementioned capacities, and  to  deter-
mine  what  changes,  if any, should be made to state policies affecting
minority and women group populations with regard to  state  contractors'
employment  and appointment practices relative to diverse group members.
Such study shall include, but not be limited  to,  an  analysis  of  the
history  of  minority  and  women-owned business enterprise programs and
their effectiveness as a means of securing and ensuring participation by
minorities and women, [and] a disparity  analysis  by  market  area  and
region  of the state, THE EFFECTIVENESS OF THE CURRENT NET WORTH THRESH-
OLDS, A STATISTICAL  ANALYSIS  OF  THE  PARTICIPATION  OF  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISES  CORRELATED WITH SUCH BUSINESS ENTER-
PRISES' NET WORTH, WHETHER  MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTER-
PRISES'  NET  WORTH  AT THE TIME OF CERTIFICATION HAS ANY EFFECT ON SUCH
BUSINESS ENTERPRISE'S SUCCESS OR LACK THEREOF IN PARTICIPATION IN STATE-
WIDE PROCUREMENT, THE EFFECTIVENESS OF THE REGULATIONS ADOPTED SINCE THE
TWO THOUSAND TEN DISPARITY STUDY, THE  EXTENT  OF  COMPLIANCE  BY  STATE
AGENCIES AND STATE AUTHORITIES WITH SUCH REGULATIONS, AN ANALYSIS OF THE

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

                                                           LBD16114-01-2

A. 10544                            2

NUMBER  OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES SEEKING CERTIF-
ICATION SINCE THE TWO THOUSAND TEN DISPARITY STUDY, AND THE REASONS,  IF
ANY,  FOR  ANY  INCREASE OR DECREASE IN SUCH CERTIFICATIONS.  Such study
shall  distinguish  between minority males, minority females and non-mi-
nority females in the statistical analysis.
  S 2. This act shall take effect immediately, provided,  however,  that
the  amendments  to paragraph (b) of subdivision one of section 312-a of
the executive law, made by section one of this act shall not affect  the
expiration of such section and shall be deemed to expire therewith.