Senate Bill S2213

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2213
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  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.
              

                                                            LBD00219-02-9

 S. 2213                             2
 
 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 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.