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 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 July 1, 2028