BILL NO A01986
SAME AS SAME AS S05285
SPONSOR Titus (MS)
COSPNSR Clark, Millman, Lavine, Robinson, Perry, Morelle, Cook, Paulin,
Peoples-Stokes, Crespo, Goodell, Stec
MLTSPNSR 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
BILL NO A01986
01/09/2013 referred to small business
03/19/2013 reported referred to ways and means
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
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.111
03/10/2014 passed assembly
03/10/2014 delivered to senate
03/10/2014 REFERRED TO FINANCE
TITLE OF BILL: An act to amend the executive law, in relation to
creating regional minority and women-owned business enterprise
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 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
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.
180 days following enactment.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
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
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.
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.