What's happening
This bill requires New York's annual minority and women-owned business report to include contract details and certification breakdowns by group and gender.
Why it matters
Adds contract-level transparency. The bill requires that each contract included in the annual report specify whether it covers goods or services, if it was awarded to a certified minority- or women-owned business, and details about which minority group the certification is based on. This allows for more precise tracking of who is benefiting from state contracts.
Public disclosure of prime and subcontractors. The annual report must now identify the names and business addresses of both prime contractors and subcontractors, along with the dollar amount of each contract. This increased transparency can help watchdog groups, the public, and potential bidders assess equity and competitiveness in state contracting.
Breakdown by minority group and gender. The law mandates a detailed summary of all certified minority and women-owned business enterprises, categorized not just by overall status but also by specific minority group and gender. This granularity could reveal disparities or trends within and between groups, helping policymakers target resources or reforms more effectively.
Potential for improved oversight and accountability. By expanding the scope and detail of required reporting, the bill makes it easier to evaluate the effectiveness of diversity contracting programs, identify underrepresented groups, and detect patterns of compliance or noncompliance with state goals.
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Who cares
Headline styles
Expand MWBE Report Details
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
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.
Expand MWBE Report Details
In Assembly Committee · Governmental Operations · Sponsor Rodneyse Bichotte Hermelyn
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2843
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to requirements of the annual report from the division of minority and women's business development
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 315 of the executive law, as added by chapter 175 of the laws of 2010, 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, to evaluate the effectiveness of the activities undertaken by each such contracting agency to promote increased participation by certified minority or women-owned businesses 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 contracting agency during the period covered by the report, including a description of the basis of the waiver request and the contracting agency'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; [and] (e) contains a summary of (i) all determinations 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00219-01-9
S. 2843 2
or sanctions; (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 identify which minority group member the minority-owned business enterprise relies on for certification 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; and (g) contains a summary of all certified minority and women-owned business enterprises, categorized by the minority group member that such minority-owned business enterprise relies on for certification pursuant to this article and by gender. 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 immediately; provided, however, that the amendments to section 315 of the executive law, made by section one of this act, shall not affect the expiration of such section and shall be deemed to expire therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to requirements of the annual report from the division of minority and women's business devel- opment
Purpose
The purpose of this bill is to require the annual report of the division of minority and women's business development to contain certain informa- tion relating to each contract.
Summary of provisions
Section one of the bill requires the annual report of the division of minority and women's business development to contain information on each contract identifying whether it is a contract for goods or services, whether the contract was awarded to a certified minority-owned business enterprise or a certified women-owned business enterprise, the name and business address of prime contractors and subcontractors providing services under such contract, and the dollar value of such contract. It would also require the report to contain a summary of all certified MWBEs, categorized by the minority group member that such MWBE relies on for certification and by gender.
Justification
This bill would require the Division of Minority and Women's Business Development to report on their contracts in a more detailed manner which would allow data to be sorted and reviewed more substantively. This will help to ensure a comprehensive analysis of the division's data and improve the functionality of the program.
Legislative history
S. 7682/A. 287 of 2017-2018; Passed Assembly
Fiscal implications
None
Effective date
This act shall take effect immediately; provided, however, that the amendments to section 315 of the executive law, made by section one of this act, shall not affect the expiration of such section and shall be deemed to expire therewith.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.