Section 311. Division of minority and women's business development

1. The
  head  of the division of minority and women's business development shall
  be the director who shall be appointed by the governor and  hold  office
  at  the  pleasure  of  the  commissioner.  It  shall  be the duty of the
  director of the division of minority and women's business development to
  assist the governor in the formulation and implementation  of  laws  and
  policies relating to minority and women-owned business enterprises.
    2.  The  director  may  appoint  such  deputies, assistants, and other
  employees as may be needed for the performance of the duties  prescribed
  herein  subject to the provisions of the civil service law and the rules
  and regulations of  the  civil  service  commission.  The  director  may
  request  and shall receive from any department, division, board, bureau,
  executive commission or agency of the state such assistance  as  may  be
  necessary to carry out the provisions of this article.
    3. The director shall have the following powers and duties:
    (a)  to  encourage and assist contracting agencies in their efforts to
  increase participation by minority and women-owned business  enterprises
  on  state  contracts and subcontracts so as to facilitate the award of a
  fair share of such contracts to them;
    (b) to develop standardized forms and reporting documents necessary to
  implement this article;
    (c) to conduct educational programs consistent with  the  purposes  of
  this article;
    (d)  to  review  periodically  the  practices  and  procedures of each
  contracting agency with respect to compliance  with  the  provisions  of
  this  article,  and  to  require  them to file periodic reports with the
  division of minority and women's business development as to the level of
  minority and  women-owned  business  enterprises  participation  in  the
  awarding of agency contracts for goods and services;
    (e)  on  January  first  of  each  year report to the governor and the
  chairpersons  of  the  senate  finance  and  assembly  ways  and   means
  committees on the level of minority and women-owned business enterprises
  participating  in  each agency's contracts for goods and services and on
  activities of the office  and  effort  by  each  contracting  agency  to
  promote  employment  of minority group members and women, and to promote
  and increase participation by certified businesses with respect to state
  contracts and subcontracts so as to facilitate the award of a fair share
  of state contracts to such businesses. The comptroller shall assist  the
  division  in  collecting  information  on the participation of certified
  business for each contracting agency.  Such  report  may  recommend  new
  activities and programs to effectuate the purposes of this article;
    (f)  to  prepare  and  update  periodically  a  directory of certified
  minority and women-owned  business  enterprises  which  shall,  wherever
  practicable,  be  divided  into categories of labor, services, supplies,
  equipment, materials and recognized construction trades and which  shall
  indicate  areas  or  locations  of  the state where such enterprises are
  available to perform services;
    (g) to appoint independent hearing officers who by contract  or  terms
  of  employment  shall  preside  over  adjudicatory  hearings pursuant to
  section three hundred fourteen of this article for the  office  and  who
  are assigned no other work by the office;
    (h)  notwithstanding  the provisions of section two hundred ninety-six
  of this chapter, to file a  complaint  pursuant  to  the  provisions  of
  section  two hundred ninety-seven of this chapter where the director has
  knowledge  that  a  contractor  may  have  violated  the  provisions  of
  paragraph  (a),  (b)  or  (c)  of subdivision one of section two hundred
  ninety-six of this chapter where such violation is  unrelated,  separate
  or distinct from the state contract as expressed by its terms; and

    (i)  to  streamline  the state certification process to accept federal
  and municipal corporation certifications.
    4.  The  director  may provide assistance to, and facilitate access to
  programs serving certified businesses as well as  applicants  to  ensure
  that  such businesses benefit, as needed, from technical, managerial and
  financial,  and  general  business  assistance;   training;   marketing;
  organization   and   personnel  skill  development;  project  management
  assistance;  technology  assistance;  bond   and   insurance   education
  assistance;  and other business development assistance. In addition, the
  director may, either independently or in conjunction  with  other  state
  agencies:
    (a)  develop  a  clearinghouse of information on programs and services
  provided by entities that may assist such businesses;
    (b) review bonding and paperwork requirements imposed  by  contracting
  agencies that may unnecessarily impede the ability of such businesses to
  compete; and
    (c)  seek to maximize utilization by minority and women-owned business
  enterprises of available federal resources including but not limited  to
  federal  grants,  loans,  loan  guarantees,  surety  bonding guarantees,
  technical assistance, and programs and services  of  the  federal  small
  business administration.
    * NB Expires December 31, 2018