Bill Text: NY A06594 | 2011-2012 | General Assembly | Amended
Bill Title: Provides that state agency affirmative action officers and administrators shall be subject to the exclusive supervision of the agency head; establishes the powers and duties of such officers and administrators; provides that the officer or employee responsible for a state agency's awarding of minority and women-owned business enterprise contracts shall report directly to the agency head.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A06594 Detail]
Download: New_York-2011-A06594-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6594--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 22, 2011
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to providing state agency
affirmative action officers and administrators shall report directly
to the head of the state agency employing such officer or administra-
tor, and providing for the powers and duties of such officers and
administrators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 169-a
2 to read as follows:
3 S 169-A. AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS. 1. EVERY
4 AFFIRMATIVE ACTION OFFICER AND AFFIRMATIVE ACTION ADMINISTRATOR EMPLOYED
5 BY A STATE AGENCY SHALL BE EMPLOYED BY AND REPORT DIRECTLY TO THE HEAD
6 OF SUCH STATE AGENCY, AND SHALL NOT REPORT TO ANY OTHER PERSON OR PART
7 OF ANY DEPARTMENT OF SUCH AGENCY.
8 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "STATE AGENCY" SHALL
9 MEAN ANY STATE DEPARTMENT, THE STATE UNIVERSITY OF NEW YORK, THE CITY
10 UNIVERSITY OF NEW YORK, AUTHORITY, BOARD, BUREAU, DIVISION, COMMISSION,
11 COMMITTEE COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A
12 GOVERNMENTAL OR PROPRIETARY FUNCTION OF THE STATE.
13 3. THE AFFIRMATIVE ACTION OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR
14 FOR EACH STATE AGENCY SHALL:
15 (A) ADVISE AND ASSIST THE HEAD OF THE STATE AGENCY IN FORMULATING
16 POLICES RELATING TO WORKFORCE DIVERSITY AND MINORITY AND WOMEN-OWNED
17 BUSINESS ENTERPRISES;
18 (B) ADVISE THE HEAD OF THE STATE AGENCY REGARDING ANY MEASURES NECES-
19 SARY TO ENSURE FULL COMPLIANCE WITH ARTICLE FIFTEEN-A OF THIS CHAPTER;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10138-04-1
A. 6594--A 2
1 (C) SERVE AS THE HEAD OF THE STATE AGENCY'S LIAISON WITH ORGANIZATIONS
2 REPRESENTING MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND OTHER
3 ORGANIZATIONS RELATED TO DIVERSITY IN THE AGENCY'S WORKFORCE AND IN
4 AGENCY CONTRACTING; AND
5 (D) ENGAGE IN OTHER ACTIONS ASSIGNED TO HIM OR HER BY THE HEAD OF THE
6 STATE AGENCY RELATING TO DIVERSITY IN HIRING OR PROMOTION OF THE AGENCY
7 WORKFORCE AND ENCOURAGING DIVERSITY PRACTICES AND COMPLIANCE WITH ARTI-
8 CLE FIFTEEN-A OF THIS CHAPTER IN PROCUREMENT.
9 S 2. Subdivision 1 of section 311 of the executive law, as amended by
10 chapter 55 of the laws of 1992, is amended to read as follows:
11 1. The head of the division of minority and women's business develop-
12 ment shall be the director who shall be appointed by the governor and
13 hold office at the pleasure of the commissioner. It shall be the duty of
14 the director of the division of minority and women's business develop-
15 ment to assist the governor in the formulation and implementation of
16 laws and policies relating to minority and women-owned business enter-
17 prises. THE DIRECTOR SHALL BE DEEMED TO BE EMPLOYED DIRECTLY BY THE
18 COMMISSIONER AND SHALL REPORT DIRECTLY TO THE COMMISSIONER.
19 S 3. Subdivision 1 of section 311-a of the executive law, as added by
20 section 4 of part BB of chapter 59 of the laws of 2006, is amended to
21 read as follows:
22 1. There is hereby established within the department of economic
23 development an office of the minority and women-owned business enter-
24 prise statewide advocate. The statewide advocate shall be appointed by
25 the commissioner with the advice of the small business advisory board as
26 established in section one hundred thirty-three of the economic develop-
27 ment law and shall serve in the unclassified service of the director.
28 The statewide advocate shall be located in the Albany empire state
29 development office. THE STATEWIDE ADVOCATE SHALL BE DEEMED TO BE
30 EMPLOYED DIRECTLY BY THE COMMISSIONER AND SHALL REPORT DIRECTLY TO THE
31 COMMISSIONER.
32 S 4. Section 312 of the executive law is amended by adding a new
33 subdivision 4-a to read as follows:
34 4-A. EVERY OFFICER OR EMPLOYEE OF A CONTRACTING AGENCY CHARGED WITH
35 IMPLEMENTING THE PROVISIONS OF THIS ARTICLE SHALL BE EMPLOYED BY AND
36 REPORT DIRECTLY TO THE HEAD OF SUCH CONTRACTING AGENCY, AND SHALL NOT
37 REPORT TO ANY OTHER PERSON OR PART OF ANY DEPARTMENT OF SUCH AGENCY.
38 S 5. This act shall take effect on the first of January next succeed-
39 ing the date on which it shall have become a law; provided, however,
40 that the amendments to article 15-A of the executive law, made by
41 sections two, three and four of this act, shall not affect the expira-
42 tion of such article and shall be deemed to expire therewith.
