What's happening
This bill establishes independent third-party oversight of New York state contracts with minority and women-owned businesses, requiring detailed reporting and public transparency.
Why it matters
Creates independent oversight. By requiring that the third-party entity overseeing minority and women-owned business (MWBE) contracts has no current business or employment ties to New York State, the bill aims to reduce conflicts of interest and increase trust in the oversight process.
Mandates detailed agency reporting. Agencies must submit comprehensive quarterly data—including procurement totals, upcoming opportunities, all bids and bidders, and documentation on waivers—making it harder to obscure non-compliance or favoritism.
Establishes measurable evaluation. The independent entity must develop a system to compare each agency’s actual use of MWBEs against established goals, enabling clearer identification of which agencies are succeeding or failing in their MWBE commitments.
Requires annual public disclosure. By making annual findings publicly available online and reporting directly to top state officials, the law strengthens transparency and public accountability around the state’s MWBE contracting practices.
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Who cares
Headline styles
Oversee State Contracting Fairness
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
2 Multi-sponsors
History
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Independent Oversight for Contracts
In Senate Committee · Finance · Sponsor Brian Benjamin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4686
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. BLAKE, PEOPLES-STOKES, MOSLEY, COOK, JOYNER, SEAWRIGHT -- Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to third party oversight for state contracts involving minority and women-owned businesses
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 316-b to read as follows:
§ 316-b. Third party oversight. 1. A third party entity not employed, engaged in business with or holding office in New York state shall be selected by the legislature and confirmed by the chief diversity officer, as defined in section four-a of this chapter, through a request for proposal process to oversee each contracting agency's procurement procedure for contracts made directly or indirectly to minority and womenowned businesses.
2. Each contracting agency shall submit the following information to such third party entity on a quarterly basis:
(a) total agency procurement including from which industry under subdivision one of section three hundred thirteen of this article each contract is categorized;
(b) upcoming confirmed and proposed procurement opportunities including estimated overall cost and steps taken or to be taken in order to ensure maximum feasible participation of minority and women-owned business;
(c) a list of all bids for each contract including a list of all contractors, known subcontractors, and whether any or all qualify as a minority or women-owned business; and
(d) a list of all contractor's awarded waivers with supporting documentation illustrating such contractor's good faith effort to comply
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01755-01-9
A. 4686 2
with the criteria outlined in subdivision seven of section three hundred thirteen of this article.
3. Such third party entity shall develop an evaluation system that clearly delineates and compares each agency's utilization of minority and women-owned businesses and the established procurement goals outlined in subdivision one of section three hundred thirteen of this article.
4. Such third party entity shall report annually on the fifteenth day of May directly to the governor, temporary president of the senate and speaker of the assembly the collective findings from the past year's quarterly submissions. Additionally, such report shall be made available on the empire state development division of minority and women's business development website for public review.
§ 2. This act shall take effect immediately and shall expire on the same date and in the same manner as article 15-A of the executive law pursuant to subdivision (h) of section 121 of chapter 261 of the laws of 1988, as amended.
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.