Bill Text: NY S08139 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes the director of the division of minority and women's business development and the mayor of the city of New York to enter into a memorandum of understanding to allow reciprocity between the state and New York City for businesses that are certified as minority and women-owned business enterprises.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-06-07 - ordered to third reading rules cal.581 [S08139 Detail]

Download: New_York-2023-S08139-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8139--A
            Cal. No. 504

                    IN SENATE

                                     January 9, 2024
                                       ___________

        Introduced  by  Sens. SANDERS, FERNANDEZ, PARKER, WEBB -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Procurement  and  Contracts -- reported favorably from said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading

        AN ACT to amend the executive law, in relation  to  reciprocal  minority
          and women-owned business enterprise certification

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a) and (b) of subdivision 2-a of section 314 of
     2  the executive law, as amended by chapter 96 of the laws of 2019, subpar-
     3  agraph (i) of paragraph (a) as amended by chapter 669  of  the  laws  of
     4  2022, are amended to read as follows:
     5    (a)  The director shall establish a procedure [enabling] requiring the
     6  office to accept New York municipal corporation certification  verifica-
     7  tion for minority and women-owned business enterprise applicants in lieu
     8  of  requiring  the applicant to complete the state certification process
     9  separately.  [The] Any municipal corporation that chooses  to  use  such
    10  procedure shall first enter into a memorandum of understanding regarding
    11  acceptance of such municipal corporation certification verification with
    12  the  office,  and the director shall promulgate rules and regulations to
    13  set forth criteria for the acceptance of municipal  corporation  certif-
    14  ication.  [All  eligible municipal corporation certifications] An appli-
    15  cant certified in lieu of completing  the  state  certification  process
    16  separately  pursuant to this section shall [require] meet the definition
    17  of a minority-owned business [enterprises seeking certification to  meet
    18  the following standards:
    19    (i)  have  at  least fifty-one percent ownership by a minority] enter-
    20  prise or a women-owned business  enterprise  [and  be  owned  by  United
    21  States citizens or permanent resident noncitizens;
    22    (ii)  be  an  enterprise  in which the minority and/or women-ownership
    23  interest is real, substantial and continuing;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11217-05-4
        S. 8139--A                          2

     1    (iii) be an enterprise in which the  minority  and/or  women-ownership
     2  has  and exercises the authority to control independently the day-to-day
     3  business decisions of the enterprise;
     4    (iv) be an enterprise authorized to do business in this state;
     5    (v)  be  subject to a physical site inspection to verify the fifty-one
     6  percent ownership requirement;
     7    (vi) be owned  by  an  individual  or  individuals,  whose  ownership,
     8  control and operation are relied upon for certification, with a personal
     9  net  worth  that  does not exceed fifteen million dollars and such other
    10  amount as the director shall set forth in regulations, as adjusted annu-
    11  ally for inflation according to the consumer price index; and
    12    (vii) be an enterprise that is a small business pursuant  to  subdivi-
    13  sion  twenty of] as set forth in section three hundred ten of this arti-
    14  cle in order to receive state certification.
    15    (b) The director shall work with all municipal corporations that  have
    16  a  municipal  minority  and  women-owned  business enterprise program to
    17  develop standards to accept state certification to  meet  the  municipal
    18  corporation  minority  and women-owned business enterprise certification
    19  standards whenever a municipal  corporation  requests  assistance.  Upon
    20  entering into a memorandum of understanding pursuant to paragraph (a) of
    21  this subdivision, each municipal corporation that has a municipal minor-
    22  ity and women-owned business enterprise program shall establish a proce-
    23  dure requiring such municipality to accept state certification verifica-
    24  tion for minority and women-owned business enterprise applicants in lieu
    25  of  requiring applicants to apply to each entity separately. The munici-
    26  pal corporation shall develop rules and regulations in order  to  accept
    27  state certification in situations where an applicant who is certified as
    28  a  minority  or  women-owned  business enterprise pursuant to the law or
    29  rule for such municipal corporation's certification program  also  meets
    30  the  definition  of  a minority-owned business enterprise or women-owned
    31  business enterprise as set forth in section three hundred  ten  of  this
    32  article.
    33    §  2.  This  act  shall  take effect on the two hundred seventieth day
    34  after it shall have become a law; provided, however, that the amendments
    35  to paragraphs (a) and (b) of subdivision 2-a of section 314 of the exec-
    36  utive law made by section one of this act shall not affect the repeal of
    37  such section and shall be deemed repealed therewith.