S 8393: Relates to the requirements of the annual report from the division of minority and women's business development; requires the number of new certifications and recertifications including the basis for any denials be included in the annual report from the division of minority and women's business development.

  
  STATE OF NEW YORK ________________________________________________________________________ 8393 2025-2026 Regular Sessions  IN SENATE June 6, 2025 ___________ Introduced by Sen. WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 315 of the executive law, as 2 amended by chapter 96 of the laws of 2019, is amended to read as 3 follows: 4 4. The division of minority and women's business development shall 5 issue an annual report which: (a) summarizes the report submitted by 6 each contracting agency pursuant to subdivision three of this section; 7 (b) contains such comparative or other information as the director deems 8 appropriate, including but not limited to goals compared to actual 9 participation of minority and women-owned business enterprises in state 10 contracting and a listing of annual participation rates for each agency, 11 the total number of certified minority and women-owned businesses for 12 that reporting year, the number of applications for new certifications 13 and recertifications including those approved, the average length of 14 time to determine an approval, the number of applications denied, the 15 basis for any denials and the average length of time to determine a 16 denial, and the total dollar value of state expenditures on certified 17 minority and women-owned business contracts and subcontracts for that 18 reporting year, each of the foregoing information categorized by the 19 minority group that such business relies on for certification pursuant 20 to this article and by gender, to evaluate the effectiveness of the 21 activities undertaken by each such contracting agency to promote 22 increased participation by certified minority or women-owned businesses 23 with respect to state contracts and subcontracts; (c) contains a summary 24 of all waivers of the requirements of subdivisions six and seven of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07628-01-5 
 S. 8393 2 1 section three hundred thirteen of this article allowed by each contract- 2 ing agency during the period covered by the report, including a 3 description of the basis of the waiver request and the contracting agen- 4 cy's rationale for granting any such waiver; (d) describes any efforts 5 to create a database or other information storage and retrieval system 6 containing information relevant to contracting with minority and women- 7 owned business enterprises; [and] (e) contains a summary of (i) all 8 determinations of violations of this article by a contractor or a 9 contracting agency made during the period covered by the annual report 10 pursuant to section three hundred sixteen-a of this article and (ii) the 11 penalties or sanctions, if any, assessed in connection with such deter- 12 minations and the rationale for such penalties or sanctions; and (f) 13 contains information on each contract identifying the following: (i) 14 whether it is a contract for goods or services; (ii) whether the 15 contract was awarded to a certified minority-owned business enterprise 16 or a certified women-owned business enterprise and identifies which 17 minority group member the minority-owned business enterprise relies on 18 for certification pursuant to this article; (iii) the name and business 19 address of prime contractors and subcontractors providing services 20 under such contract; and (iv) the dollar value of such contract. Copies 21 of the annual report shall be provided to the commissioner, the gover- 22 nor, the comptroller, the temporary president of the senate, the speaker 23 of the assembly, the minority leader of the senate, the minority leader 24 of the assembly and shall also be made widely available to the public 25 via, among other things, publication on a website maintained by the 26 division of minority and women's business development. 27 § 2. This act shall take effect immediately; provided, however, that 28 the amendments to section 315 of the executive law, made by section one 29 of this act, shall not affect the repeal of such section and shall be 30 deemed repealed therewith.