Bill Text: NY A02511 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the state comptroller to prepare and release an annual report grading each state agency on its spending with minority- and women-owned business.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A02511 Detail]

Download: New_York-2019-A02511-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2511
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2019
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
        AN  ACT  to  amend the executive law, in relation to requiring the state
          comptroller to prepare and release an annual report grading each state
          agency on its spending with minority and women-owned  business  enter-
          prises;  and  providing for the repeal of such provisions upon expira-
          tion thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The executive law is amended by adding a new section 163-b
     2  to read as follows:
     3    § 163-b. M/WBE compliance report. 1. By June first of each  year,  the
     4  office  of  the  comptroller shall prepare and release on its website an
     5  annual report that issues letter grades to each state agency and to  the
     6  comptroller's  office based on the agency's or office's level of success
     7  in contract spending with minority and women-owned business  enterprises
     8  pursuant to article fifteen-A of this chapter. The grades shall be based
     9  on  M/WBE  participation  goals for state agencies across various indus-
    10  tries as provided in section three hundred  thirteen  of  this  chapter.
    11  Such  report shall assign letter grades to all state agencies and to the
    12  comptroller's office as follows:
    13    A - great standing;
    14    B - good standing;
    15    C - average, but could use improvement;
    16    D - below average; and
    17    F - unacceptable.
    18    2. The report shall measure the actual spending of each agency in  the
    19  prior  fiscal year, and not the registered value of contracts, which may
    20  or may not have resulted in actual spending or which could span multiple
    21  years. The report shall assign individual grades to each agency's spend-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00183-01-9
        A. 2511                             2
     1  ing with  Asian-American  firms,  Hispanic-American  firms,  black-owned
     2  firms and women-owned firms.
     3    3. For each agency, the report shall state the following:
     4    (a) the total dollar amount of the agency's M/WBE-eligible spending;
     5    (b) the total amount of the agency's actual M/WBE spending;
     6    (c) the nature of the majority of the spending, specifying whether the
     7  spending  was  for  construction  services,  non-construction  services,
     8  commodities or professional services; and
     9    (d) a comparison of the agency's prior  fiscal  year  actual  spending
    10  amount  with  the  amounts spent by the agency during the three previous
    11  fiscal years, noting the increase or decrease from year to year.
    12    § 2. This act shall take effect on the first of April next  succeeding
    13  the  date  upon which it shall have become a law and shall expire on the
    14  same date as article 15-A of the executive law expires  as  provided  in
    15  section  121  of  chapter 261 of the laws of 1988, as amended, when upon
    16  such date the provisions of this act shall be deemed repealed.