Bill Text: NY A06594 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6594
                              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
       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
         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    S  2. Subdivision 1 of section 311 of the executive law, as amended by
   14  chapter 55 of the laws of 1992, is amended to read as follows:
   15    1. The head of the division of minority and women's business  develop-
   16  ment  shall  be  the director who shall be appointed by the governor and
   17  hold office at the pleasure of the commissioner. It shall be the duty of
   18  the director of the division of minority and women's  business  develop-
   19  ment  to  assist  the  governor in the formulation and implementation of
   20  laws and policies relating to minority and women-owned  business  enter-
   21  prises.    THE  DIRECTOR  SHALL BE DEEMED TO BE EMPLOYED DIRECTLY BY THE
   22  COMMISSIONER AND SHALL REPORT DIRECTLY TO THE COMMISSIONER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10138-02-1
       A. 6594                             2
    1    S 3. Subdivision 1 of section 311-a of the executive law, as added  by
    2  section  4  of  part BB of chapter 59 of the laws of 2006, is amended to
    3  read as follows:
    4    1.  There  is  hereby  established  within  the department of economic
    5  development an office of the minority and  women-owned  business  enter-
    6  prise  statewide  advocate. The statewide advocate shall be appointed by
    7  the commissioner with the advice of the small business advisory board as
    8  established in section one hundred thirty-three of the economic develop-
    9  ment law and shall serve in the unclassified service  of  the  director.
   10  The  statewide  advocate  shall  be  located  in the Albany empire state
   11  development office.   THE STATEWIDE  ADVOCATE  SHALL  BE  DEEMED  TO  BE
   12  EMPLOYED  DIRECTLY  BY THE COMMISSIONER AND SHALL REPORT DIRECTLY TO THE
   13  COMMISSIONER.
   14    S 4. Section 312 of the executive law  is  amended  by  adding  a  new
   15  subdivision 4-a to read as follows:
   16    4-A.  EVERY  OFFICER  OR EMPLOYEE OF A CONTRACTING AGENCY CHARGED WITH
   17  IMPLEMENTING THE PROVISIONS OF THIS ARTICLE SHALL  BE  EMPLOYED  BY  AND
   18  REPORT  DIRECTLY  TO  THE HEAD OF SUCH CONTRACTING AGENCY, AND SHALL NOT
   19  REPORT TO ANY OTHER PERSON OR PART OF ANY DEPARTMENT OF SUCH AGENCY.
   20    S 5. This act shall take effect on the first of January next  succeed-
   21  ing  the  date  on  which it shall have become a law; provided, however,
   22  that the amendments to article  15-A  of  the  executive  law,  made  by
   23  sections  two,  three and four of this act, shall not affect the expira-
   24  tion of such article and shall be deemed to expire therewith.