2019 New York Laws
EXC - Executive
Article 15-A - Participation by Minority Group Members and Women With Respect to State Contracts
312-A - Study of Minority and Women-Owned Business Enterprises.

* §  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   August
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  August  fifteenth,  two  thousand
sixteen,  and  to  post  the  study  on the website of the department of
economic development.
  * NB Effective until January 11, 2020
  * § 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-three. 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-three, and to post the study on the website of the department  of
economic development.
  * NB Effective January 11, 2020
  * NB Repealed December 31, 2024