NY State Senate Bill 2023-S7240

Senate Bill S7240

2023-2024 Legislative Session

Requires the state comptroller to prepare and release an annual report grading each state agency on its spending with minority and women-owned business

download bill text pdf

Current Bill Status - In Senate Committee Finance 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 03, 2024	referred to finance
May 19, 2023	referred to finance

2023-S7240 (ACTIVE) - Details

See Assembly Version of this Bill:: A3895
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §163-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9889
2019-2020: A2511
2021-2022: A6369

2023-S7240 (ACTIVE) - Summary

Requires the state comptroller to prepare and release an annual report grading each state agency on its spending with minority- and women-owned business.

2023-S7240 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7240

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the state
comptroller to prepare and release an annual report grading each state
agency on its spending with minority and women-owned business enter-
prises; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would create an annual grading system sanctioned by the office
of the comptroller for state agencies with minority and women-owned
business enterprises (MWBE) on an A through F scale

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the executive law by adding section 163-b, which would
require the office of the comptroller to prepare grading for all state
agencies, including the office of the comptroller and their ability to

meet the requirements of minority and women-owned business enterprise
programs; it also outlines the quantitative value of the contracts with
respect to individual grades for Asian-American firms, Hispanic-American
firms, black-owned firms and women-owned firms; outlines that such
report would include total dollar amount of the agency's MWBE spending,
specifying the nature of the spending to display services rendered and
whether that spending is for constriction services, commodities or
professional services; and a comparison of the previous fiscal year and
the respective spending for services rendered

Section 2 is the enacting clause.

 
JUSTIFICATION:

In order to achieve goals set forth by minority and women-owned business
programs, it is crucial that the state analyze and report a series of
metrics to understand whether such programs and practices are proven
successful. This bill would allow for future minority and women-owned
business enterprises to have tangible evidence of the success of the
programs and would allow for the state and municipal corporations to set
further goals or enhance the requirements of respective programs there-
of.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A06369, referred to government operations

2019-20: A2511; Referred to government operations

2017-18: A9889; Referred to government operations

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date upon which it shall have become a law and shall expire on the same
date as article 15-A of the executive law expires as provided in section
121 of chapter 261 of the laws of 1988, as amended, when upon such date
the provisions of this act shall be deemed repealed.

2023-S7240 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7240
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  requiring  the  state
   comptroller to prepare and release an annual report grading each state
   agency  on  its spending with minority and women-owned business enter-
   prises; and providing for the repeal of such provisions  upon  expira-
   tion thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  163-b
 to read as follows:
   §  163-B.  M/WBE COMPLIANCE REPORT. 1. BY JUNE FIRST OF EACH YEAR, THE
 OFFICE OF THE COMPTROLLER SHALL PREPARE AND RELEASE ON  ITS  WEBSITE  AN
 ANNUAL  REPORT THAT ISSUES LETTER GRADES TO EACH STATE AGENCY AND TO THE
 COMPTROLLER'S OFFICE BASED ON THE AGENCY'S OR OFFICE'S LEVEL OF  SUCCESS
 IN  CONTRACT SPENDING WITH MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES
 PURSUANT TO ARTICLE FIFTEEN-A OF THIS CHAPTER. THE GRADES SHALL BE BASED
 ON M/WBE PARTICIPATION GOALS FOR STATE AGENCIES  ACROSS  VARIOUS  INDUS-
 TRIES  AS  PROVIDED  IN  SECTION THREE HUNDRED THIRTEEN OF THIS CHAPTER.
 SUCH REPORT SHALL ASSIGN LETTER GRADES TO ALL STATE AGENCIES AND TO  THE
 COMPTROLLER'S OFFICE AS FOLLOWS:
   A - GREAT STANDING;
   B - GOOD STANDING;
   C - AVERAGE, BUT COULD USE IMPROVEMENT;
   D - BELOW AVERAGE; AND
   F - UNACCEPTABLE.
   2.  THE REPORT SHALL MEASURE THE ACTUAL SPENDING OF EACH AGENCY IN THE
 PRIOR FISCAL YEAR, AND NOT THE REGISTERED VALUE OF CONTRACTS, WHICH  MAY
 OR MAY NOT HAVE RESULTED IN ACTUAL SPENDING OR WHICH COULD SPAN MULTIPLE
 YEARS. THE REPORT SHALL ASSIGN INDIVIDUAL GRADES TO EACH AGENCY'S SPEND-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05467-01-3
 S. 7240                             2

 
 ING  WITH  ASIAN-AMERICAN  FIRMS,  HISPANIC-AMERICAN  FIRMS, BLACK-OWNED
 FIRMS AND WOMEN-OWNED FIRMS.
   3. FOR EACH AGENCY, THE REPORT SHALL STATE THE FOLLOWING:
   (A) THE TOTAL DOLLAR AMOUNT OF THE AGENCY'S M/WBE-ELIGIBLE SPENDING;
   (B) THE TOTAL AMOUNT OF THE AGENCY'S ACTUAL M/WBE SPENDING;
   (C) THE NATURE OF THE MAJORITY OF THE SPENDING, SPECIFYING WHETHER THE
 SPENDING  WAS  FOR  CONSTRUCTION  SERVICES,  NON-CONSTRUCTION  SERVICES,
 COMMODITIES OR PROFESSIONAL SERVICES; AND
   (D) A COMPARISON OF THE AGENCY'S PRIOR  FISCAL  YEAR  ACTUAL  SPENDING
 AMOUNT  WITH  THE  AMOUNTS SPENT BY THE AGENCY DURING THE THREE PREVIOUS
 FISCAL YEARS, NOTING THE INCREASE OR DECREASE FROM YEAR TO YEAR.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date  upon which it shall have become a law and shall expire on the
 same date as article 15-A of the executive law expires  as  provided  in
 section  121  of  chapter 261 of the laws of 1988, as amended, when upon
 such date the provisions of this act shall be deemed repealed.

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