N.Y. Executive Law 311-A – Minority and women-owned business enterprise statewide advocate
* § 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 § 133 of the economic development law and shall serve in the unclassified service of the director..
Terms Used In N.Y. Executive Law 311-A
- Commissioner: shall mean the commissioner of the department of economic development. See N.Y. Executive Law 310
- Director: shall mean the director of the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
- Office: shall mean the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
- Statewide advocate: shall mean the person appointed by the director to serve in the capacity of the minority and women-owned business enterprise statewide advocate and procurement ombudsman. See N.Y. Executive Law 310
- Women-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
(a) at least fifty-one percent owned by one or more United States citizens or permanent resident noncitizens who are women;
(b) an enterprise in which the ownership interest of such women is real, substantial and continuing;
(c) an enterprise in which such women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
(d) an enterprise authorized to do business in this state and independently owned and operated;
(e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
(f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
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