NY State Senate Bill 2021-S3371

Senate Bill S3371

2021-2022 Legislative Session

Relates to the requirements of the annual report from the division of minority and women's business development

download bill text pdf

Archive: Last Bill Status - In Senate Committee Procurement And Contracts Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to procurement and contracts
Jan 29, 2021	referred to procurement and contracts

2021-S3371 (ACTIVE) - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §315, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7520
2017-2018: S4031
2019-2020: S2213
2023-2024: S1428

2021-S3371 (ACTIVE) - Summary

Relates to the requirements of the annual report from the division of minority and women's business development.

2021-S3371 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3371

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to requirements of the
annual report from the division of minority and women's business devel-
opment

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is for the division of minority and women's
business development to issue an annual report which will summarize all
the information required for their development.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 The division of minority and women's business development
shall issue an annual report which:

(a) Summarizes the report submitted by each contracting agency.

(b) Contains such comparative or other information the director deems
appropriate.

(c) Contains a summary of all waivers which include a description of the
basis of the waiver request and the contracting agency's rationale for
granting the waivers

(d) Describe any efforts to create an information storage or retrieval
system containing information relevant to contracting with minority and
women-owned business enterprises

(e) Have a. summary that includes all determinations of violations of
this article by contractor or a contracting agency made during the peri-
od covered by the annual report, and the penalties or sanctions.

(f) Contain a report on contracts by ethnicity, gender, industry, prime
contractor or subcontractor, contract type, goods and purchase, profes-
sional or standard services and value of contract

(g) Summary of all certified minority and women-owned business enter-
prises categorized by ethnicity and gender. Copies of the annual report
should 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.

 
JUSTIFICATION:

For the purpose of better reporting and analysis, this bill is asking
the division of minority and women's development to compile data in a
way, which is more easily disaggregated, .

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.7520 - Referred to Finance
2019-20: S2213 - Referred to Finance

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
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 article 15-A of such.law
and shall be deemed to expire therewith.

2021-S3371 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3371
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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
 amended by chapter 96 of the  laws  of  2019,  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 and a listing of annual participation rates for each agency,
 the total number of certified minority and  women-owned  businesses  for
 that reporting year, and the total dollar value of state expenditures on
 certified  minority  and women-owned business contracts and subcontracts
 for that reporting year, to evaluate the effectiveness of the activities
 undertaken by each such contracting agency to promote increased  partic-
 ipation  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 enter-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07093-01-1

 S. 3371                             2
 
 prises; [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  ration-
 ale  for  such penalties 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 wide-
 ly 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 repeal of such section  and  shall  be
 deemed repealed therewith.

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