NY Exec L § 312-A (2021)
2021 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 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 Repealed December 31, 2024