2010 New York Code
EXC - Executive
Article 15-A - (310 - 318) PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS
312-A - Study of minority and women-owned business enterprise programs.

* §  312-a.  Study  of  minority  and  women-owned business enterprise
  programs. 1. The director of the division of  minority  and  women-owned
  business  development  in  the  department  of  economic  development is
  authorized and  directed  to  commission  a  statewide  disparity  study
  regarding   the  participation  of  minority  and  women-owned  business
  enterprises in state contracts since the enactment of this article.  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 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.
  Such  study  shall  include,  but  not be limited to, an analysis of the
  impact of court decisions regarding the use of quotas and set-asides  as
  a  means of securing and ensuring participation by minorities and women,
  and a disparity analysis by market area and region of the state.
    2. The director of the division of minority and  women-owned  business
  development  is directed to transmit the disparity study to the governor
  and the legislature not later than eighteen months after  the  effective
  date  of  this  subdivision, and to post the study on the website of the
  department of economic development.
    * NB Effective until October 13, 2010
    * § 312-a. Study  of  minority  and  women-owned  business  enterprise
  programs.  1.  The  director of the division of minority and women-owned
  business development  in  the  department  of  economic  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 February
  fifteenth, two thousand sixteen. 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;
  and  (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.

2.  The  director of the division of minority and women-owned business
  development is directed to transmit the disparity study to the  governor
  and  the  legislature  not  later  than February fifteenth, two thousand
  sixteen, and to post the study on  the  website  of  the  department  of
  economic development.
    * NB Effective October 13, 2010
    * NB Expires December 31, 2016