§ 312-A — Study of minority and women-owned business enterprises

New York § 312-A

• Jurisdiction: New York
• Law EXC: Executive
• Art. 15-A: Participation By Minority Group Members and Women With Respect to State Contracts

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* § 312-a. Study of minority and women-owned business enterprises. 1.\nThe director of the division of minority and women-owned business\ndevelopment is authorized and directed to recommission a statewide\ndisparity study regarding the participation of minority and women-owned\nbusiness enterprises in state contracts since the amendment of this\narticle to be delivered to the governor and legislature no later than\nAugust fifteenth, two thousand twenty-four. The study shall be prepared\nby an entity independent of the department and selected through a\nrequest for proposal process. The purpose of such study is:\n (a) to determine whether there is a disparity between the number of\nqualified minority and women-owned businesses ready, willing and able to\nperform state contracts for commodities, services and construction, and\nthe number of such contractors actually engaged to perform such\ncontracts, and to determine what changes, if any, should be made to\nstate policies affecting minority and women-owned business enterprises;\n (b) to determine whether there is a disparity between the number of\nqualified minorities and women ready, willing and able, with respect to\nlabor markets, qualifications and other relevant factors, to participate\nin contractor employment, management level bodies, including boards of\ndirectors, and as senior executive officers within contracting entities\nand the number of such group members actually employed or affiliated\nwith state contractors in the aforementioned capacities, and to\ndetermine what changes, if any, should be made to state policies\naffecting minority and women group populations with regard to state\ncontractors' employment and appointment practices relative to diverse\ngroup members. Such study shall include, but not be limited to, an\nanalysis of the history of minority and women-owned business enterprise\nprograms and their effectiveness as a means of securing and ensuring\nparticipation by minorities and women, and a disparity analysis by\nmarket area and region of the state. Such study shall distinguish\nbetween minority males, minority females and non-minority females in the\nstatistical analysis; and\n (c) such study shall also include an analysis of the utilization on\nstate agency contracts of businesses owned by an Indian nation or tribe,\nas such term is defined in section two of the Indian law, whether a\ndisparity exists between availability of such businesses to participate\non state agency contracts and utilization, and, if so, the feasibility\nof authorizing an Indian nation or tribe owned businesses to become\ncertified as a participant in the minority and women-owned business\nenterprise program.\n 2. The director of the division of minority and women's business\ndevelopment is directed to transmit the disparity study to the governor\nand the legislature not later than August fifteenth, two thousand\ntwenty-four, and to post the study on the website of the department of\neconomic development.\n 3. The director of the division of minority and women-owned business\ndevelopment is authorized and directed to commission a policy study\nanalyzing potential ways to improve the effectiveness of the state\nminority and women-owned business enterprise program in order to better\nhelp minority and women-owned businesses, to be delivered to the\ngovernor and legislature. The study shall be prepared by an entity\nindependent of the department of economic development and selected\nthrough a request for proposal process. The purpose of such study shall\nbe to provide recommendations to further strengthen and increase the\neffectiveness of the state minority and women-owned business enterprise\nprogram. The director of the division of minority and women's business\ndevelopment is directed to transmit the policy study to the governor and\nthe legislature not later than May first, two thousand twenty-seven, and\nto post the study on the website of the department of economic\ndevelopment.\n * NB Repealed July 1, 2028\n