senate Bill S5285

2013-2014 Legislative Session

Creates minority and women-owned business enterprise regional advocates

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
May 15, 2013 referred to finance

S5285 - Bill Details

See Assembly Version of this Bill:
A1986
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§310 & 311-a, add §311-b, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5054
2009-2010: A5458

S5285 - Bill Texts

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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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BILL NUMBER:S5285

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

                                  5285

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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 OF

 EXPLANATION--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.

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