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