Creates minority and women-owned business enterprise regional advocates; provides that the advocates will help ensure that municipal agencies comply with the provisions of law relating to minority and women-owned business enterprises.
TITLE OF BILL: An act to amend the executive law, in relation to creating regional minority and women-owned business enterprise advocate
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to aid in the assistance of obtaining technical, managerial, financial and other business assistance for certified businesses and applicants.
SUMMARY OF SPECIFIC PROVISIONS:
Amends the Executive Law to provide for definitions; adds new sections 311-a & b to establish within the Empire State Development Corporation an Office of Minority Women Business Enterprise (MWBE) Statewide and Regional Advocate; establishes for powers and duties to include investigating complaints concerning certification delays and toll-free- telephone service.
Amends the Economic Development Law to set forth reporting requirements and advise the Commissioner on recommendations for the selection of Statewide Advocate for Minority and Women Business Enterprises as set forth by section 311-a of the Executive Law.
Since 2002, the Assembly has held hearings across the State in order to review the effectiveness of the State's Laws (Article 15-A of the Executive Law) and to obtain feedback from MWBE owners. Hearings were held in Buffalo, Syracuse, Utica, Albany and New York City.
One notable theme echoed at all the hearings was the difficulty in obtaining technical, managerial, financial and educational support. Other difficulties were improving and updating the existing database to include links to others state agencies so that MWBE's can market themselves effectively and seek contract opportunities.
Allowing advocates to act as a liaison for MBE's will provide a voice and aid in resolving concerns regarding certification delays, investigating complaints, along with assisting in the certification process. Advocates will also play an important role in developing educational outreach programs and creating awareness of competitive grant programs.
It is essential for MWBE'S to be able to get assistance from the state to move them into a competitive position with non-minority and womenowned business enterprises. This legislation provides a vehicle to see that that goal is met.
PRIOR LEGISLATIVE HISTORY:
A5054 (2011-2012) Passed Assembly; Delivered Senate 5/30/12 A5458 (2009-2010) Referred to Rules 6/29/10 A6939 (2007-2008) Referred to Finance 3/26/08 A9839 (2005-2006) Referred to Finance 3/28/06
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
180 days following enactment.
STATE OF NEW YORK ________________________________________________________________________ 5285 2013-2014 Regular Sessions IN SENATE May 15, 2013 ___________Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to creating regional minority and women-owned business enterprise advocate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 310 of the executive law is amended by adding a new subdivision 23 to read as follows: 23. "REGIONAL ADVOCATE" SHALL MEAN THE PERSON APPOINTED BY THE STATE- WIDE ADVOCATE TO SERVE IN THE CAPACITY OF MINORITY AND WOMEN-OWNED BUSI- NESS ENTERPRISE REGIONAL ADVOCATE. S 2. Subdivision 2 of section 311-a of the executive law, as added by section 4 of part BB of chapter 59 of the laws of 2006, is amended to read as follows: 2. The advocate shall act as a liaison for minority and women-owned business enterprises (MWBEs) to assist them in obtaining technical, managerial, financial and other business assistance for certified busi- nesses and applicants. The advocate shall investigate complaints brought by or on behalf of MWBEs concerning certification delays and instances of violations of law by state agencies. The statewide advocate shall assist certified businesses and applicants in the certification process, DIRECT REGIONAL LOCAL ADVOCATES IN DEVELOPING EDUCATIONAL OUTREACH PROGRAMS AND CREATE AWARENESS OF COMPETITIVE GRANT PROGRAMS. Other functions of the statewide advocate shall be directed by the commission- er. The advocate may request and the director may appoint staff and employees of the division of minority and women business development to support the administration of the office of the statewide advocate. S 3. The executive law is amended by adding a new section 311-b to read as follows: S 311-B. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE REGIONAL ADVO- CATES. 1. REGIONAL ADVOCATE. THERE IS HEREBY ESTABLISHED WITHIN EACH OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01741-01-3 S. 5285 2
THE REGIONAL OFFICES ESTABLISHED PURSUANT TO ARTICLE ELEVEN OF THE ECONOMIC DEVELOPMENT LAW AN OFFICE OF THE MINORITY AND WOMEN-OWNED BUSI- NESS ENTERPRISE REGIONAL ADVOCATE. 2. POWERS AND DUTIES. THE REGIONAL ADVOCATES SHALL: (A) PROVIDE TECHNICAL, MANAGERIAL, FINANCIAL AND OTHER BUSINESS ASSISTANCE TO CERTIFIED MINORITY AND WOMEN BUSINESSES OR APPLICANTS; (B) CONDUCT OUTREACH PROGRAMS FOR MWBES ON A BI-ANNUAL BASIS; (C) CONDUCT EDUCATIONAL SEMINARS FOR STATE AGENCIES ON AN ANNUAL BASIS; AND (D) SHALL BE RESPONSIBLE FOR REPORTING THE NUMBER AND CERTIFICATION APPLICATIONS RECEIVED AND PROCESSED BY ITS REGION. 3. THE REGIONAL ADVOCATE SHALL DOCUMENT REASONS FOR ANY DENIALS OR DELAYS IN THE CERTIFICATION PROCESS. REGIONAL ADVOCATES SHALL REPORT TO THE STATEWIDE ADVOCATE AND DIRECTOR BY SEPTEMBER THIRTIETH ON AN ANNUAL BASIS OF RECOMMENDATIONS TO THE STATE CERTIFICATION PROCESS, OUTREACH EFFORTS AND COMPLAINTS RECEIVED OR RESOLVED. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that the amendments to article 15-A of the executive law made by this act shall not affect the expiration of such article and shall expire therewith.