N.Y. Exec. Law § 311

* § 311. Division of minority and women's business development. 1. The\nhead of the division of minority and women's business development shall\nbe the director who shall be appointed by the governor and hold office\nat the pleasure of the commissioner. It shall be the duty of the\ndirector of the division of minority and women's business development to\nassist the governor in the formulation and implementation of laws and\npolicies relating to minority and women-owned business enterprises.\n 2. The director may appoint such deputies, assistants, and other\nemployees as may be needed for the performance of the duties prescribed\nherein subject to the provisions of the civil service law and the rules\nand regulations of the civil service commission. The director may\nrequest and shall receive from any department, division, board, bureau,\nexecutive commission or agency of the state such assistance as may be\nnecessary to carry out the provisions of this article.\n 3. The director shall have the following powers and duties:\n (a) to encourage and assist contracting agencies in their efforts to\nincrease participation by minority and women-owned business enterprises\non state contracts and subcontracts so as to facilitate the award of a\nfair share of such contracts to them;\n (b) to develop standardized forms and reporting documents necessary to\nimplement this article;\n (c) to conduct educational programs consistent with the purposes of\nthis article;\n (d) to review periodically the practices and procedures of each\ncontracting agency with respect to compliance with the provisions of\nthis article, and to require them to file periodic reports with the\ndivision of minority and women's business development as to the level of\nminority and women-owned business enterprises participation in the\nawarding of agency contracts for goods and services;\n (e) on January first of each year report to the governor and the\nchairpersons of the senate finance and assembly ways and means\ncommittees on the level of minority and women-owned business enterprises\nparticipating in each agency's contracts for goods and services and on\nactivities of the office and effort by each contracting agency to\npromote employment of minority group members and women, and to promote\nand increase participation by certified businesses with respect to state\ncontracts and subcontracts so as to facilitate the award of a fair share\nof state contracts to such businesses. The comptroller shall assist the\ndivision in collecting information on the participation of certified\nbusiness for each contracting agency. Such report may recommend new\nactivities and programs to effectuate the purposes of this article;\n (f) to prepare and update periodically a directory of certified\nminority and women-owned business enterprises which shall, wherever\npracticable, be divided into categories of labor, services, supplies,\nequipment, materials and recognized construction trades and which shall\nindicate areas or locations of the state where such enterprises are\navailable to perform services;\n (g) to appoint independent hearing officers who by contract or terms\nof employment shall preside over adjudicatory hearings pursuant to\nsection three hundred fourteen of this article for the office and who\nare assigned no other work by the office;\n (h) notwithstanding the provisions of section two hundred ninety-six\nof this chapter, to file a complaint pursuant to the provisions of\nsection two hundred ninety-seven of this chapter where the director has\nknowledge that a contractor may have violated the provisions of\nparagraph (a), (b) or (c) of subdivision one of section two hundred\nninety-six of this chapter where such violation is unrelated, separate\nor distinct from the state contract as expressed by its terms; and\n (i) to streamline the state certification process to accept federal\nand municipal corporation certifications.\n 4. The director may provide assistance to, and facilitate access to\nprograms serving certified businesses as well as applicants to ensure\nthat such businesses benefit, as needed, from technical, managerial and\nfinancial, and general business assistance; training; marketing;\norganization and personnel skill development; project management\nassistance; technology assistance; bond and insurance education\nassistance; and other business development assistance. In addition, the\ndirector may, either independently or in conjunction with other state\nagencies:\n (a) develop a clearinghouse of information on programs and services\nprovided by entities that may assist such businesses;\n (b) review bonding and paperwork requirements imposed by contracting\nagencies that may unnecessarily impede the ability of such businesses to\ncompete; and\n (c) seek to maximize utilization by minority and women-owned business\nenterprises of available federal resources including but not limited to\nfederal grants, loans, loan guarantees, surety bonding guarantees,\ntechnical assistance, and programs and services of the federal small\nbusiness administration.\n * NB Expires December 31, 2017\n