New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.117 - Executive order no. 117: prescribing arrangements for developing and coordinating a state program for minority business enterprise

Current through Register Vol. 46, No. 28, July 10, 2024
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:
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.
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.
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.
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.
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:
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.
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.
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.
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:
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.
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.
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.
The Advisory Council for Minority Business Enterprise
					 (hereinafter referred to as the "Council") is hereby established.
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.
The Governor shall designate one of the members of the
					 Council as the chairperson of the Council.
The Council shall meet at the call of the chairperson, no
					 less than three times a year.
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.
The chairperson of the Executive Committee shall arrange
					 for technical assistance for the Advisory Council from procurement personnel of
					 the State agencies.