Bill Text: NY A10025 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires the completion of the process of certification as a minority- or women-owned business enterprise to be completed within thirty days of submission of a final, completed application and directs the director of the division of minority and women's business development in the department of economic development to establish a procedure enabling the division to expedite the statewide MWBE certification process by outsourcing certain certification functions to local MWBE consultants and/or to appropriate chambers of commerce and other organizations focused on minority- and women-owned business enterprises.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-03-07 - referred to governmental operations [A10025 Detail]
Download: New_York-2017-A10025-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10025 IN ASSEMBLY March 7, 2018 ___________ Introduced by M. of A. BICHOTTE -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to requiring the completion of certification as a minority- or woman-owned business enterprise to be completed within thirty days of submission of a final, completed application and directing the director of the divi- sion of minority and women's business development in the department of economic development to establish a procedure enabling the division to expedite the statewide MWBE certification process by outsourcing certain certification functions to local MWBE consultants and/or to appropriate chambers of commerce focused on minority- and women-owned business enterprises The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 314 of the executive law, as added 2 by chapter 261 of the laws of 1988, is amended and a new subdivision 2-b 3 is added to read as follows: 4 2-b. The director shall establish a procedure enabling the division to 5 expedite the statewide certification process by outsourcing certain 6 certification functions to local MWBE consultants and/or to appropriate 7 chambers of commerce and other organizations focused on minority- and 8 women-owned business enterprises. Certification through such entities 9 shall comply in all respects with the requirements for certification as 10 provided in this section and in the rules and regulations of the direc- 11 tor. 12 3. Following application for certification pursuant to this section, 13 the director shall provide the applicant with written notice of the 14 status of the application, including notice of any outstanding deficien- 15 cies, within thirty days. Within [sixty] thirty days of submission of a 16 final completed application, the director shall provide the applicant 17 with written notice of a determination by the office approving or deny- 18 ing such certification and, in the event of a denial a statement setting 19 forth the reasons for such denial. Upon a determination denying or 20 revoking certification, the business enterprise for which certification EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14910-02-8A. 10025 2 1 has been so denied or revoked shall, upon written request made within 2 thirty days from receipt of notice of such determination, be entitled to 3 a hearing before an independent hearing officer designated for such 4 purpose by the director. In the event that a request for a hearing is 5 not made within such thirty day period, such determination shall be 6 deemed to be final. The independent hearing officer shall conduct a 7 hearing and upon the conclusion of such hearing, issue a written recom- 8 mendation to the director to affirm, reverse or modify such determi- 9 nation of the director. Such written recommendation shall be issued to 10 the parties. The director, within thirty days, by order, must accept, 11 reject or modify such recommendation of the hearing officer and set 12 forth in writing the reasons therefor. The director shall serve a copy 13 of such order and reasons therefor upon the business enterprise by 14 personal service or by certified mail return receipt requested. The 15 order of the director shall be subject to review pursuant to article 16 seventy-eight of the civil practice law and rules. 17 § 2. This act shall take effect on the ninetieth day after it shall 18 have become a law; provided, however, that the amendments to section 314 19 of the executive law made by section one of this act shall not affect 20 the expiration of such section and shall be deemed to expire therewith.