* § 311-a. Minority and women-owned business enterprise statewide
advocate. 1. There is hereby established within the division of minority
and women's business an office of the minority and women-owned business
enterprise statewide advocate. The statewide advocate shall be appointed
by the commissioner with the advice of the small business advisory board
as established in section one hundred thirty-three of the economic
development law and shall serve in the unclassified service of the
director..

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
businesses 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. 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 statewide advocate shall conduct periodic audits of state
contracting agencies' compliance with the requirements of section three
hundred fifteen of this article, such audits shall include a review of
the books and records of state contracting agencies concerning, among
other things, annual agency expenditures, annual participation of
minority and women-owned business enterprises as prime contractors and
subcontractors in state contracting agencies' state contracts, and
documentation of state contracting agencies' good faith efforts to
maximize minority and women-owned business enterprise participation in
such agencies' contracting.

4. The statewide advocate shall investigate complaints by certified
minority-owned business enterprises or women-owned business enterprises
concerning a procuring governmental entity's failure to comply with the
requirements of section three hundred fifteen of this article.

5. The statewide advocate shall report to the director and
commissioner by November fifteenth on an annual basis on all activities
related to fulfilling the obligations of the office of the statewide
advocate including, but not limited to: (a) the number of complaints
investigated; (b) the resolution of complaints, as applicable; and (c)
information regarding audits conducted pursuant to this subdivision. The
director shall include the unedited text of the statewide advocate's
report within the reports submitted by the department of economic
development to the governor and the legislature.

* NB Repealed December 31, 2024