A01986 Summary:

BILL NO    A01986 

SAME AS    SAME AS S05285

SPONSOR    Titus (MS)

COSPNSR    Clark, Millman, Lavine, Robinson, Perry, Morelle, Cook, Maisel,
           Barron, Paulin, Peoples-Stokes, Crespo, Goodell, Stec

MLTSPNSR   Boyland, Brennan, Colton, Galef, Gunther, Heastie, Rivera, Sweeney

Amd SS310 & 311-a, add S311-b, Exec L

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.
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A01986 Actions:

BILL NO    A01986 

01/09/2013 referred to small business
03/19/2013 reported referred to ways and means
04/23/2013 reported 
04/25/2013 advanced to third reading cal.200
04/29/2013 passed assembly
04/29/2013 delivered to senate
04/29/2013 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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A01986 Votes:

A01986 04/29/2013 135/4
AbbateYColtonYGarbariYKearnsYMillerYReilichYSteckY
AbinantYCookYGibsonYKellnerERMillmanYRiveraYStevensAB
ArroyoYCorwinYGiglioYKimYMontesaYRobertsYStirpeY
AubryYCrespoYGjonajYKolbYMorelleYRobinsoERSweeneyY
BarclayYCrouchYGlickYLalorYMosleyYRodriguYTediscoY
BarrettYCurranYGoldfedYLavineYMoyaERRosaYTenneyY
BarronYCusickYGoodellYLentolYNojayNORosenthYThieleY
BenedetYCymbrowYGottfriYLiftonYNolanYRozicYTitoneY
BlankenYDenDekkYGrafYLope PDYOaksYRussellYTitusER
BorelliNODinowitYGuntherYLope VJYO'DonneYRyanYWalterY
BoylandYDiPietrYHawleyYLupardoYOrtizYSaladinYWeinsteY
BraunstYDupreyYHeastieYLupinacYOtisYSantabaYWeisenbY
BrennanYEnglebrYHennessYMageeYPalmesaYScarborYWeprinY
BrindisYEspinalYHevesiYMagnareYPaulinYSchimelYWrightY
BronsonYFahyYHikindYMaiselYPeoplesYSchimmiYZebrowsY
Brook-KYFarrellERHooperYMalliotYPerryYSepulveYMr SpkrY
BuchwalYFinchYJacobsERMarkeyYPretlowYSimanowY
ButlerYFitzpatYJaffeeYMayerYQuartYSimotasY
CahillYFriendNOJohnsYMcDonalERRaYSkartadY
CamaraYGabryszYJordanYMcDonouYRabbittYSkoufisY
CerettoYGalefYKatzNOMcKevitYRaiaYSolagesY
ClarkERGanttYKavanagYMcLaughYRamosYStecY

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A01986 Memo:

BILL NUMBER:A1986

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.

JUSTIFICATION:

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 MWBE'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
women-owned  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.

EFFECTIVE DATE:

180 days following enactment.
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A01986 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1986

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M. of A. TITUS, CLARK, MILLMAN, LAVINE, ROBINSON, PERRY,
         MORELLE, COOK, MAISEL, BARRON, PAULIN, PEOPLES-STOKES  --  Multi-Spon-
         sored  by -- M. of A. BOYLAND, BRENNAN, COLTON, GALEF, GUNTHER, HEAST-
         IE, RIVERA, SWEENEY -- read once and  referred  to  the  Committee  on
         Small Business

       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:

    1    Section 1. Section 310 of the executive law is amended by adding a new
    2  subdivision 23 to read as follows:
    3    23.  "REGIONAL ADVOCATE" SHALL MEAN THE PERSON APPOINTED BY THE STATE-
    4  WIDE ADVOCATE TO SERVE IN THE CAPACITY OF MINORITY AND WOMEN-OWNED BUSI-
    5  NESS ENTERPRISE REGIONAL ADVOCATE.
    6    S  2. Subdivision 2 of section 311-a of the executive law, as added by
    7  section 4 of part BB of chapter 59 of the laws of 2006,  is  amended  to
    8  read as follows:
    9    2.  The  advocate  shall act as a liaison for minority and women-owned
   10  business enterprises (MWBEs) to  assist  them  in  obtaining  technical,
   11  managerial,  financial and other business assistance for certified busi-
   12  nesses and applicants. The advocate shall investigate complaints brought
   13  by or on behalf of MWBEs concerning certification delays  and  instances
   14  of  violations  of  law  by state agencies. The statewide advocate shall
   15  assist certified businesses and applicants in the certification process,
   16  DIRECT REGIONAL  LOCAL  ADVOCATES  IN  DEVELOPING  EDUCATIONAL  OUTREACH
   17  PROGRAMS  AND  CREATE  AWARENESS  OF COMPETITIVE GRANT PROGRAMS.   Other
   18  functions of the statewide advocate shall be directed by the commission-
   19  er. The advocate may request and the  director  may  appoint  staff  and
   20  employees  of the division of minority and women business development to
   21  support the administration of the office of the statewide advocate.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01741-01-3
       A. 1986                             2

    1    S 3. The executive law is amended by adding a  new  section  311-b  to
    2  read as follows:
    3    S  311-B.  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE REGIONAL ADVO-
    4  CATES. 1.  REGIONAL ADVOCATE. THERE IS HEREBY ESTABLISHED WITHIN EACH OF
    5  THE REGIONAL OFFICES ESTABLISHED  PURSUANT  TO  ARTICLE  ELEVEN  OF  THE
    6  ECONOMIC DEVELOPMENT LAW AN OFFICE OF THE MINORITY AND WOMEN-OWNED BUSI-
    7  NESS ENTERPRISE REGIONAL ADVOCATE.
    8    2. POWERS AND DUTIES. THE REGIONAL ADVOCATES SHALL:
    9    (A)  PROVIDE  TECHNICAL,  MANAGERIAL,  FINANCIAL  AND  OTHER  BUSINESS
   10  ASSISTANCE TO CERTIFIED MINORITY AND WOMEN BUSINESSES OR APPLICANTS;
   11    (B) CONDUCT OUTREACH PROGRAMS FOR MWBES ON A BI-ANNUAL BASIS;
   12    (C) CONDUCT EDUCATIONAL SEMINARS  FOR  STATE  AGENCIES  ON  AN  ANNUAL
   13  BASIS; AND
   14    (D)  SHALL  BE  RESPONSIBLE FOR REPORTING THE NUMBER AND CERTIFICATION
   15  APPLICATIONS RECEIVED AND PROCESSED BY ITS REGION.
   16    3. THE REGIONAL ADVOCATE SHALL DOCUMENT REASONS  FOR  ANY  DENIALS  OR
   17  DELAYS  IN THE CERTIFICATION PROCESS. REGIONAL ADVOCATES SHALL REPORT TO
   18  THE STATEWIDE ADVOCATE AND DIRECTOR BY SEPTEMBER THIRTIETH ON AN  ANNUAL
   19  BASIS  OF  RECOMMENDATIONS  TO THE STATE CERTIFICATION PROCESS, OUTREACH
   20  EFFORTS AND COMPLAINTS RECEIVED OR RESOLVED.
   21    S 4. This act shall take effect on the one hundred eightieth day after
   22  it shall have become a law; provided, however, that  the  amendments  to
   23  article  15-A of the executive law made by this act shall not affect the
   24  expiration of such article and shall expire therewith.
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