Relates to certain information to be included in the annual report from the division of minority and women's business development, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9455
 
                           I N  A S S E M B L Y
 
                              January 6, 2026
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  requiring  that  the
   annual  report  from  the  division  of  minority and women's business
   development contain information on the annual minority and women-owned
   business enterprise utilization and expenditure categorized by minori-
   ty-owned enterprises, women-owned enterprises, and  total  utilization
   and expenditure, and be organized by certain industry categories
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section  315  of  the  executive  law,  as
 amended  by  a  chapter  of  the laws of 2025 amending the executive law
 relating to requirements of the  annual  report  from  the  division  of
 minority  and  women's  business development, as proposed in legislative
 bills numbers S. 8393 and A. 7222, 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 and a listing of annual participation rates for each agency,
 the  total  number  of certified minority and women-owned businesses for
 that reporting year, the number of applications for  new  certifications
 and  recertifications  including  those  approved, the average length of
 time to determine an approval, the number of  applications  denied,  the
 basis  for  [any]  denials and the average length of time to determine a
 denial, and the total dollar value of state  expenditures  on  certified
 minority  and  women-owned  business contracts and subcontracts for that
 reporting year, [each of the foregoing information  categorized  by  the
 minority  group  that such business relies on for certification pursuant
 to this article and by gender,] to evaluate  the  effectiveness  of  the
 activities  undertaken  by  each  such  contracting  agency  to  promote
 increased participation by certified minority or women-owned  businesses
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07628-02-6
 A. 9455                             2
 
 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 contract-
 ing  agency  during  the  period  covered  by  the  report,  including a
 description of the basis of the waiver request and the contracting agen-
 cy'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; (e) contains a summary of (i) all determi-
 nations 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  or  sanctions;  and  (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  identifies  which minority group
 member the minority-owned  business   enterprise relies on  for  certif-
 ication 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] THE ANNUAL MINORI-
 TY AND WOMAN-OWNED BUSINESS ENTERPRISE UTILIZATION AND EXPENDITURE CATE-
 GORIZED BY  MINORITY-OWNED  ENTERPRISES,  WOMEN-OWNED  ENTERPRISES,  AND
 TOTAL  UTILIZATION AND EXPENDITURE AND ORGANIZED BY THE FOLLOWING INDUS-
 TRY CATEGORIES: (I) SERVICES  INCLUDING  PROFESSIONAL  SERVICES,  SOCIAL
 SERVICES,  EDUCATIONAL  SERVICES,  LEGAL  SERVICES, HEALTH SERVICES, AND
 BUSINESS SERVICES; (II) AGRICULTURE; (III)  MINING;  (IV)  CONSTRUCTION,
 INCLUDING  BUILDING  CONSTRUCTION, HEAVY CONSTRUCTION, AND SPECIAL TRADE
 CONTRACTORS; (V) MANUFACTURING; (VI) TRANSPORTATION,  COMMUNICATION  AND
 SANITARY  SERVICES; (VII) WHOLESALE OR RETAIL GOODS; (VIII) CONSTRUCTION
 MATERIALS; AND (IX)  FINANCIAL,  INSURANCE  AND  REAL  ESTATE  SERVICES.
 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 on the same date and in the same
 manner as a chapter of the laws  of  2025  amending  the  executive  law
 relating  to  requirements  of  the  annual  report from the division of
 minority and women's business development, as  proposed  in  legislative
 bills numbers S. 8393 and A. 7222, takes effect.