* § 312-a. Study of minority and women-owned business enterprises. 1.
The director of the division of minority and women-owned business
development is authorized and directed to recommission a statewide
disparity study regarding the participation of minority and women-owned
business enterprises in state contracts since the amendment of this
article to be delivered to the governor and legislature no later than
August fifteenth, two thousand twenty-four. The study shall be prepared
by an entity independent of the department and selected through a
request for proposal process. The purpose of such study is:

(a) to determine whether there is a disparity between the number of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services and construction, and
the number of such contractors actually engaged to perform such
contracts, and to determine what changes, if any, should be made to
state policies affecting minority and women-owned business enterprises;

(b) to determine whether there is a disparity between the number of
qualified minorities and women ready, willing and able, with respect to
labor markets, qualifications and other relevant factors, to participate
in contractor employment, management level bodies, including boards of
directors, and as senior executive officers within contracting entities
and the number of such group members actually employed or affiliated
with state contractors in the aforementioned capacities, and to
determine what changes, if any, should be made to state policies
affecting minority and women group populations with regard to state
contractors' employment and appointment practices relative to diverse
group members. Such study shall include, but not be limited to, an
analysis of the history of minority and women-owned business enterprise
programs and their effectiveness as a means of securing and ensuring
participation by minorities and women, and a disparity analysis by
market area and region of the state. Such study shall distinguish
between minority males, minority females and non-minority females in the
statistical analysis; and

(c) such study shall also include an analysis of the utilization on
state agency contracts of businesses owned by an Indian nation or tribe,
as such term is defined in section two of the Indian law, whether a
disparity exists between availability of such businesses to participate
on state agency contracts and utilization, and, if so, the feasibility
of authorizing an Indian nation or tribe owned businesses to become
certified as a participant in the minority and women-owned business
enterprise program.

2. The director of the division of minority and women's business
development is directed to transmit the disparity study to the governor
and the legislature not later than August fifteenth, two thousand
twenty-four, and to post the study on the website of the department of
economic development.

* NB Repealed December 31, 2024