S T A T E O F N E W Y O R K
________________________________________________________________________
9455
I N A S S E M B L Y
January 6, 2026
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to requiring that the
annual report from the division of minority and women's business
development contain information on the annual minority and women-owned
business enterprise utilization and expenditure categorized by minori-
ty-owned enterprises, women-owned enterprises, and total utilization
and expenditure, and be organized by certain industry categories
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 a chapter of the laws of 2025 amending the executive law
relating to requirements of the annual report from the division of
minority and women's business development, as proposed in legislative
bills numbers S. 8393 and A. 7222, 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, the number of applications for new certifications
and recertifications including those approved, the average length of
time to determine an approval, the number of applications denied, the
basis for [any] denials and the average length of time to determine a
denial, and the total dollar value of state expenditures on certified
minority and women-owned business contracts and subcontracts for that
reporting year, [each of the foregoing information categorized by the
minority group that such business relies on for certification pursuant
to this article and by gender,] to evaluate the effectiveness of the
activities undertaken by each such contracting agency to promote
increased participation by certified minority or women-owned businesses
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07628-02-6
A. 9455 2
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 contract-
ing agency during the period covered by the report, including a
description of the basis of the waiver request and the contracting agen-
cy'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; (e) contains a summary of (i) all determi-
nations 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 or sanctions; and (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 identifies which minority group
member the minority-owned business enterprise relies on for certif-
ication 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] THE ANNUAL MINORI-
TY AND WOMAN-OWNED BUSINESS ENTERPRISE UTILIZATION AND EXPENDITURE CATE-
GORIZED BY MINORITY-OWNED ENTERPRISES, WOMEN-OWNED ENTERPRISES, AND
TOTAL UTILIZATION AND EXPENDITURE AND ORGANIZED BY THE FOLLOWING INDUS-
TRY CATEGORIES: (I) SERVICES INCLUDING PROFESSIONAL SERVICES, SOCIAL
SERVICES, EDUCATIONAL SERVICES, LEGAL SERVICES, HEALTH SERVICES, AND
BUSINESS SERVICES; (II) AGRICULTURE; (III) MINING; (IV) CONSTRUCTION,
INCLUDING BUILDING CONSTRUCTION, HEAVY CONSTRUCTION, AND SPECIAL TRADE
CONTRACTORS; (V) MANUFACTURING; (VI) TRANSPORTATION, COMMUNICATION AND
SANITARY SERVICES; (VII) WHOLESALE OR RETAIL GOODS; (VIII) CONSTRUCTION
MATERIALS; AND (IX) FINANCIAL, INSURANCE AND REAL ESTATE SERVICES.
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 on the same date and in the same
manner as a chapter of the laws of 2025 amending the executive law
relating to requirements of the annual report from the division of
minority and women's business development, as proposed in legislative
bills numbers S. 8393 and A. 7222, takes effect.