What's happening
This bill requires the state comptroller to annually grade each state agency on actual spending with minority and women-owned businesses, publicly reporting the results.
Why it matters
Increases Transparency and Accountability. By assigning public letter grades to each agency based on actual dollars spent with minority and women-owned businesses (M/WBEs), the bill makes it easier for the public and policymakers to see which agencies are meeting diversity contracting goals and which are falling short.
Focuses on Real Economic Impact. The grading system is based on actual spending, not just the value of contracts awarded or registered. This ensures agencies are measured by money actually reaching M/WBEs, not just promises or paperwork, potentially closing loopholes where contracts are awarded but not fully executed.
Highlights Specific Group Outcomes. Agencies will receive separate grades for spending with Asian-American, Hispanic-American, Black-owned, and women-owned businesses, allowing for a nuanced understanding of which communities benefit from state contracting and where disparities persist.
Tracks Progress Over Time. The report will include year-over-year comparisons for each agency’s spending with M/WBEs, providing a clear picture of improvement or backsliding and supporting informed advocacy for stronger enforcement or policy changes if needed.
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Who cares
State comptroller’s office
The office would have to publish an annual report by June 1 grading every state agency and itself on actual spending with minority- and women-owned businesses.
State agencies
Agencies would receive public letter grades based on M/WBE participation goals, with spending totals, spending categories and comparisons with the three previous fiscal years disclosed.
Asian-American, Hispanic-American, Black-owned and women-owned firms
The report would separately grade each agency’s spending with these firms using actual payments rather than registered contract values.
Headline styles
Grade Agencies on Diversity Spending
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9889
IN ASSEMBLY
February 16, 2018
Introduced by M. of A. BICHOTTE -- read once and referred to the Committee on Governmental Operations
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 enterprises; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, 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 industries 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 spending 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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14746-03-8
A. 9889 2
(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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.