NY State Senate Bill 2021-S3360

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Jan 29, 2021	referred to finance

co-Sponsors

2021-S3360 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§310 & 311-a, add §311-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5285
2015-2016: S2095
2017-2018: S3350
2019-2020: S2195
2023-2024: S1236
2025-2026: S872

2021-S3360 (ACTIVE) - Summary

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.

2021-S3360 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3360

SPONSOR: BAILEY
 
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 investi-
gating complaints concerning certification delays and toll-free tele-

phone 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 Senate and the Assembly have held hearings across the
State in order to review the effectiveness of the State's Laws (Article
15-A of the Executive Law) and cc obtain feedback from MWBE owners.
Hearings were held in Buffalo, Syracuse, Utica, Albany and New York
City. As a result of this, in 2010 a disparity study was published.
However, the study did not address the need for regional MWBE advocates.

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 them-
selves 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, investi-
gating 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:

2017-18: S.3350/A.5177(Titus)- Referred to Finance
2019-20: 5.2195 - Referred to Finance

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
180 days following enactment.

2021-S3360 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3360
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens. BAILEY, SANDERS -- 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 24 to read as follows:
   24.  "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.
   § 2. Subdivision 2 of section 311-a of the executive law,  as  amended
 by chapter 96 of the laws of 2019, 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  receive  and  investigate
 complaints  brought  by  or  on behalf of MWBEs concerning certification
 delays and instances of violations of the requirements of  this  article
 by  contractors and by state agencies. The statewide advocate may 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 commissioner. 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.
   § 3. The executive law is amended by adding a  new  section  311-b  to
 read as follows:
   §  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.

                                                            LBD07076-01-1

 S. 3360                             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.
   § 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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Senate Bill S3360

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

2021-S3360 (ACTIVE) - Details

2021-S3360 (ACTIVE) - Summary

2021-S3360 (ACTIVE) - Sponsor Memo

2021-S3360 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

James Sanders Jr.

2021-S3360 (ACTIVE) - Details

2021-S3360 (ACTIVE) - Summary

2021-S3360 (ACTIVE) - Sponsor Memo

2021-S3360 (ACTIVE) - Bill Text download pdf

Comments