Directs a study to be commissioned regarding the disparity of available minority and women-owned business enterprises and those actually used for state contracts

24 Co-sponsors

• Eric Adams
• Neil D. Breslin
• Ruben Diaz
• Martin Malavé Dilan
• Thomas K. Duane
• Pedro Espada Jr.
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Craig M. Johnson
• Jeffrey D. Klein
• Liz Krueger
• Carl Kruger
• Velmanette Montgomery
• George Onorato
• Suzi Oppenheimer
• Kevin S. Parker
• John L. Sampson
• Diane J. Savino
• Eric T. Schneiderman
• José M. Serrano
• Malcolm A. Smith
• Andrea Stewart-Cousins
• Antoine M. Thompson
• David J. Valesky

Title of bill

An act to amend the executive law, in relation to authorizing a study on the minority and women-owned business enterprise programs

Purpose or general idea of bill

The purpose of this bill is to ensure that MWBEs have a level playing field in competing for state contracts by authorizing a study to determine if a disparity exists between the number of MWBEs and the number of such MWBEs engaged to compete for state contracts.

Summary of specific provisions

Section one authorizes the director of the Division of Minority and Women-owned business development to commission a statewide disparity study. The study would be prepared by an entity independent of the Division and selected through a request for proposal process. The study would determine if there is a disparity between the number of MWBEs ready, willing and able to perform state contracts and the number of such contractors engaged to perform such contracts.

Section two would set an immediate effective date.

Justification

Since 2002, the Assembly has held hearings across the State in order to review the effectiveness of the State's Minority and Women Business Enterprise Laws (Article 15-A of the Executive Law) and to obtain feed back from MWBE owners. Hearings were held in Buffalo, Syracuse, Utica, Albany and New York City.

Testimony received at the hearings indicated that disparities exist in the awarding of state contracts and that the State has failed to award contracts to minority and women-owned business enterprises. Many MWBE owners who participate in the program find little benefit of doing so. The State of New York needs to authorize a comprehensive statewide disparity study to determine where disparities exist for prime and sub-contractors in the state contracting process for goods and services.

Recently, New York City released the findings from its disparity study and found gaping disparities in the awarding of contracts.

Prior legislative history

2007-08: S.2931 - Referred to Finance 2005-06: S.6764 - Referred to Finance; Passed Assembly on 3/28/06

Fiscal implications

None.

Effective date

This act would take effect immediately.