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2021 New York Laws
EXC - Executive
Article 15-A - Participation by Minority Group Members and Women With Respect to State Contracts
311-A - Minority and Women-Owned Business Enterprise Statewide Advocate.

Universal Citation: NY Exec L § 311-A (2021)
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* §  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

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