Assembly Bill A287

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    287
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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
 connection with such determinations and the rationale for such penalties
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01519-01-7

 A. 287                              2
 
 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.
   § 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.