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

                                 9733--A

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

Introduced  by  M.  of  A.  BICHOTTE, GOTTFRIED, ROZIC, JAFFEE, SOLAGES,
  SEPULVEDA, SEAWRIGHT, WALKER, HOOPER, ROBINSON, HYNDMAN -- Multi-Spon-
  sored by -- M.  of A. BRENNAN, DAVILA, ENGLEBRIGHT --  read  once  and
  referred  to  the  Committee  on  Governmental Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 added
by chapter 175 of the laws of 2010, 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, 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 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

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

                                                           LBD13123-06-6

A. 9733--A                          2

connection with such determinations and the rationale for such penalties
or  sanctions; (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; AND (G) CONTAINS A  SUMMARY  OF  ALL  CERTIFIED  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISES,  CATEGORIZED  BY  THE MINORITY GROUP
MEMBER THAT  SUCH  MINORITY-OWNED  BUSINESS  ENTERPRISE  RELIES  ON  FOR
CERTIFICATION  PURSUANT  TO  THIS  ARTICLE AND BY GENDER.  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 widely available to the public via,
among other things, publication on a website maintained by the  division
of minority and women's business development.
  S  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 expiration of such section and shall
be deemed to expire therewith.