N.Y. Executive Law § 312-a: Study of minority and women-owned business enterprises

* § 312-a. Study of minority and women-owned business enterprises. 1.

The director of the division of minority and women-owned business

development is authorized and directed to recommission a statewide

disparity study regarding the participation of minority and women-owned

business enterprises in state contracts since the amendment of this

article to be delivered to the governor and legislature no later than

August fifteenth, two thousand twenty-four. The study shall be prepared

by an entity independent of the department and selected through a

request for proposal process. The purpose of such study is:

(a) to determine whether there is a disparity between the number of

qualified minority and women-owned businesses ready, willing and able to

perform state contracts for commodities, services and construction, and

the number of such contractors actually engaged to perform such

contracts, and to determine what changes, if any, should be made to

state policies affecting minority and women-owned business enterprises;

(b) to determine whether there is a disparity between the number of

qualified minorities and women ready, willing and able, with respect to

labor markets, qualifications and other relevant factors, to participate

in contractor employment, management level bodies, including boards of

directors, and as senior executive officers within contracting entities

and the number of such group members actually employed or affiliated

with state contractors in the aforementioned capacities, and to

determine what changes, if any, should be made to state policies

affecting minority and women group populations with regard to state

contractors' employment and appointment practices relative to diverse

group members. Such study shall include, but not be limited to, an

analysis of the history of minority and women-owned business enterprise

programs and their effectiveness as a means of securing and ensuring

participation by minorities and women, and a disparity analysis by

market area and region of the state. Such study shall distinguish

between minority males, minority females and non-minority females in the

statistical analysis; and

(c) such study shall also include an analysis of the utilization on

state agency contracts of businesses owned by an Indian nation or tribe,

as such term is defined in section two of the Indian law, whether a

disparity exists between availability of such businesses to participate

on state agency contracts and utilization, and, if so, the feasibility

of authorizing an Indian nation or tribe owned businesses to become

certified as a participant in the minority and women-owned business

enterprise program.

2. The director of the division of minority and women's business

development is directed to transmit the disparity study to the governor

and the legislature not later than August fifteenth, two thousand

twenty-four, and to post the study on the website of the department of

economic development.

3. The director of the division of minority and women-owned business

development is authorized and directed to commission a policy study

analyzing potential ways to improve the effectiveness of the state

minority and women-owned business enterprise program in order to better

help minority and women-owned businesses, to be delivered to the

governor and legislature. The study shall be prepared by an entity

independent of the department of economic development and selected

through a request for proposal process. The purpose of such study shall

be to provide recommendations to further strengthen and increase the

effectiveness of the state minority and women-owned business enterprise

program. The director of the division of minority and women's business

development is directed to transmit the policy study to the governor and

the legislature not later than May first, two thousand twenty-seven, and

to post the study on the website of the department of economic

development.

* NB Repealed July 1, 2028