9 CRR-NY 3.117NY-CRR
9 CRR-NY 3.117
9 CRR-NY 3.117
3.117 Executive Order No. 117: Prescribing arrangements for developing and coordinating a State program for minority business enterprise.*
WHEREAS, the opportunity for full participation in our free enterprise system by traditionally socially and economically disadvantaged persons is essential if we are to obtain social and economic equality for such persons and improve the functioning of our State economy; and
WHEREAS, in pursuit of economic equality for all persons, it is the policy of the State of New York to foster and promote the development of minority business enterprises, as defined herein; and
WHEREAS, the New York State Office of Minority Business Enterprise, established in the Department of Commerce in 1973, greatly facilitated the strengthening and expansion of our minority business enterprise program; and
WHEREAS, in order to take full advantage of resources and opportunities for minority business enterprises, we now must build on this foundation; and
WHEREAS, several important methods of improving our efforts are (a) to clarify the authority of the Commissoners of Commerce and General Services to implement programs in support of minority business enterprises; (b) to provide additional technical and management assistance to minority business enterprises; (c) to establish an Executive Committee on Minority Business Development to assist in coordinating the participation of all State departments, agencies and public authorities in an increased minority business enterprise effort; and
WHEREAS, it is necessary to implement performance reporting systems to promote the procurement of goods and services produced by minority business enterprises;
NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:
1. Function of the Commissioner of Commerce. The Commissioner of Commerce shall:
(a) Develop, collect, summarize and disseminate information that will be helpful to persons and organizations throughout the State in undertaking or promoting the establishment and successful operation of minority business enterprises.
(b) Develop and make available to State agencies a registry of minority business enterprises conducting or desiring to conduct business within the State and adopt, in his discretion, procedures by which to establish that such enterprises meet the definition set forth in Article 8 of this order.
(c) Assist State departments, agencies and public authorities in the development of programs to foster and promote minority business enterprises and to encourage participation of minority business enterprises in State contracts.
(d) Coordinate the plans, programs and operations of the State government which affect or may contribute to the establishment, preservation and development of minority business enterprises.
(e) In conjunction with the Commissoner of General Services, develop a comprehensive statewide plan and operational guidelines to promote minority business enterprises and to assist them in obtaining opportunities to participate in the procurement of goods and services by the State, including identification of barriers to minority business enterprise development and investigation and evaluation of their effect on achieving the objectives of this Order.
2. Function of the Commissioner of General Services. The Commissioner of General Services shall:
(a) Coordinate training of all procurement personnel of State departments, agencies and public authorities, emphasizing increased sensitivity and responsiveness to the unique needs and requirements of minority business enterprises.
(b) Conduct a coordinated review of all existing and proposed State training and technical assistance activities in direct support of the minority business enterprise development program to assure consistency with the objectives of this Order.
(c) Render advice and technical assistance respecting practicable methods and procedures designed to facilitate and increase the participation of minority business enterprises in the procurement of goods and services by departments, agencies and public authorities.
(d) Establish regular performance reporting systems regarding implementation of programs designed to increase minority business enterprise participation in procurement contracts by State departments, agencies and public authorities.
3. Establishment of the Governor's Executive Committee on Minority Business Development. The Governor's Executive Committee on Minority Business Development (hereinafter referred to as the “Executive Committee”) is hereby established. The membership of the Executive Committee shall consist of the following or their designees: the Commissiner of Commerce, who shall serve as chairperson, the Commissioner of General Services, who shall serve as vice-chairperson, the Secretary of State, the Director of the Budget, the Industrial Commissioner, the Commissioner of Transportation, the Commissioner of Environmental Conservation, the Superintendent of Banking and the Superintendent of Insurance. The Executive Committee shall meet not less frequently than quarterly.
It shall be the responsibility of the Executive Committee to:
(a) Initiate and promote the development of programs and coordinate the use of resources of State and local governments, business and trade associations, universities, foundations, professional organizations, and volunteer and other groups towards the growth of minority business enterprises, and act as a liaison in the coordination of the efforts of these groups with those of other Federal, State and local departments and agencies charged with responsibility in this area.
(b) Annually review the reports of each State agency, department or public authority on its activities to promote minority business enterprise development and identify the reporting entity's achievements, deficiencies, proposed solutions to problems, needs for external assistance and such other matters as may be appropriate or requested. The Executive Committee shall annually advise the Governor on the activities of the State agencies, departments and public authorities in effecting the provisions of this Order and may from time to time, as deemed necessary by the Executive Committee, advise the Governor with respect to the actions and compliance with this Order of any departments, agencies or public authorities.
(c) Request reports and statements, as it deems necessary or desirable, from any department, agency or public authority, as appropriate, on their respective activities in behalf of minority business enterprises pursuant to the provisions of this Order.
4. Advisory Council for Minority Business Enterprise.
(a) The Advisory Council for Minority Business Enterprise (hereinafter referred to as the “Council”) is hereby established.
(b) The Council shall be composed of eleven members appointed by the Governor from among persons, including, but not limited to, members of minority groups and representatives from minority and other business enterprises. The members shall serve for a term of two years and may be reappointed.
(c) The Governor shall designate one of the members of the Council as the chairperson of the Council.
(d) The Council shall meet at the call of the chairperson, no less than three times a year.
(e) The Council shall be advisory to the Executive Committee, in which capacity it shall:
(1) Serve as a source of knowledge and information on developments in different fields and segments of our economic and social life which effect minority business enterprises.
(2) Keep abreast of plans, programs and activities in the public and private sectors which relate to minority business enterprises, and advise the Executive Committee on any measures to better achieve the objectives of this Order.
(3) Advise the Executive Committee concerning problems and matters referred to the Council which are the proper subjects of this Order.
(f) The chairperson of the Executive Committee shall arrange for technical assistance for the Advisory Council from procurement personnel of the State agencies.
5. Responsibilities of Other State Departments, Agencies and Public Authorities.
(a) The head of each State department, agency and public authority covered by this Order, when requested, shall furnish information, assistance and reports to, and shall otherwise cooperate with, the Commissioners of Commerce and General Services and the Executive Committee in the performance of their functions hereunder.
(b) The head of each State department, agency and public authority, shall designate a Deputy Commissioner or such other similar official to have primary and continuing responsibility for the participation and cooperation of that entity in matters concerning minority business enterprise development.
(c) The officials designated under the preceding paragraph, when so requested, shall review and report to the Executive Committee upon the activities and progress of the State's minority business enterprise development program, and shall keep the Executive Committee and the Commissioners of Commerce and General Services informed of all budgets, plans and programs of their departments, agencies or public authorities affecting minority business enterprise development.
6. Reports. (a) By September 1 of each year, each State agency, department and public authority affected by this Order shall submit an annual report on Minority Business Development to the Executive Committee. Such submission shall include, in a format to be specified by the Executive Committee, a report on the entity's actions with respect to minority business enterprises. Each entity shall submit a copy of its annual report to the Commissioners of Commerce and General Services.
(b) The Commissioners of Commerce and General Services shall submit to the Executive Committee by September 1 of each year, a full report of their agencies' activities hereunder and recommendations for legislation or other action desirable to effectuate the purpose of this Order.
(c) The Executive Committee shall submit to the Governor by December 1 of each year, commencing 1982, a full report of its activities hereunder during the previous twelve months. Further, the Executive Committee shall, by September 30 of each year, submit to the Governor its recommendations for legislation or other action it deems desirable to promote the purpose of this Order.
7. Policies and Standards. The Executive Committee may establish such policies, standards, definitions, criteria and procedures to govern the implementation, interpretation and application of this Order, and generally perform such functions and take such steps as it may deem to be necessary or appropriate, to achieve the purposes and carry out the provisions hereof. 8. Definitions. For the purposes of this Order, the following definitions shall apply:
(a) Minority Business Enterprise. A minority business enterprise is an independent business concern which is at least 51 percent owned and controlled by minority group members; is or has the potential to be an independent and continuing enterprise; and meets the following requirements:
(1) The minority ownership interest in the firm must be real, substantial and continuing.
(2) The minority ownership have and exercise the authority to independently control the business decisions of the entity.
(b) Minority Group Members. Minority group members are citizens or permanent resident aliens who are Black, Hispanic, Oriental or American Indian, as further defined by the Executive Committee.
(c) Public Authority. A public authority shall include any public authority or public benefit corporation determined by the Executive Committee to fall within the coverage of this Order, and any authority which seeks to participate in the programs implemented by this Order.
(d) Goods and Services. The procurement of goods and services shall include construction, design and related services.
Signed: Hugh L. Carey
Dated: December 9, 1981
Footnotes
*
[Revoked and superseded by Executive Order No. 21 (Mario M. Cuomo), § 4.21, infra.]
9 CRR-NY 3.117
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.