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:
Terms Used In N.Y. Executive Law 312-A
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contractor: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the award of a state contract or a proposed party to a state contract. See N.Y. Executive Law 310
- Director: shall mean the director of the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
- State agency: shall mean (a) (i) any state department, or (ii) any division, board, commission or bureau of any state department, or (iii) the state university of New York and the city university of New York, including all their constituent units except community colleges and the independent institutions operating statutory or contract colleges on behalf of the state, or (iv) a board, a majority of whose members are appointed by the governor or who serve by virtue of being state officers or employees as defined in subparagraph (i), (ii) or (iii) of paragraph (i) of subdivision one of § 73 of the public officers law:
(b) a "state authority" as defined in subdivision one of § 2 of the public authorities law, and the following:
Albany County Airport Authority;
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. See N.Y. Executive Law 310 - Women-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
(a) at least fifty-one percent owned by one or more United States citizens or permanent resident noncitizens who are women;
(b) an enterprise in which the ownership interest of such women is real, substantial and continuing;
(c) an enterprise in which such women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
(d) an enterprise authorized to do business in this state and independently owned and operated;
(e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
(f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
(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 § 2 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.
* NB Repealed December 31, 2024