senate Bill S7314

Relates to provisional certification for certain minority and women-owned business enterprises

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / May / 2014
    • REFERRED TO FINANCE
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1646
  • 19 / Jun / 2014
    • SUBSTITUTED BY A9668

Summary

Relates to provisional certification for certain minority and women-owned business enterprises.

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Bill Details

See Assembly Version of this Bill:
A9668
Versions:
S7314
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Amd ยงยง310 & 314, Exec L

Sponsor Memo

BILL NUMBER:S7314

TITLE OF BILL: An act to amend the executive law, in relation to
minority and women-owned business enterprise certification

PURPOSE: To authorize the director to

SUMMARY OF PROVISIONS:

Section 1: The first section amends Section 310 of the executive law
by adding the definition of "Provisional MWBE Certification." Under
this section, it defines that provisional MWBE certification may be
granted for a period not to exceed one year, but is able to be renewed
by the director.

Section 2: The second section amends Section 314 of the executive law
by amending Subdivision 4 to grant the director the authority to make
industry-specific determinations on personal net worth or small
business eligibility requirements. Additionally, subdivision 5 is
added to Section 314 of the executive law to exclude provisional MWBE
certifications from the three year certification period under section
310.

Section 3: This act shall take effect immediately.

JUSTIFICATION: Over the past few years several businesses were
unfortunately prohibited from being considered under the MWBE program
as a result of personal net worth. Based upon recommendations and
analysis by the Director, it was determined that certain industries
would need higher personal net-worth thresholds to ensure the MWBE
program is able to provide access to small businesses who faced
difficulties being certified as a result of assets.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately, provided,
however that the amendments to sections 310 and 314 of the executive
law made by sections one and two of this act shall not affect the
expiration of such sections and shall be deemed to expire therewith.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7314

                            I N  S E N A T E

                              May 12, 2014
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to  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:

  Section 1. Section 310 of the executive law is amended by adding a new
subdivision 23 to read as follows:
  23.  "PROVISIONAL  MWBE  CERTIFICATION"  SHALL   MEAN   MINORITY   AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  CERTIFICATION  STATUS WHICH SHALL NOT
EXCEED ONE YEAR, BUT WHICH MAY BE RENEWED BY THE DIRECTOR.
  S 2. Subdivision 4 of section 314 of the executive law,  as  added  by
section 2 of part BB of chapter 59 of the laws of 2006, is amended and a
new subdivision 5 is added to read as follows:
  4.  [All  certifications  shall be valid for a period of three years.]
THE DIRECTOR MAY, AFTER PERFORMING AN AVAILABILITY ANALYSIS AND  UPON  A
FINDING  THAT  INDUSTRY-SPECIFIC FACTORS COUPLED WITH PERSONAL NET WORTH
OR SMALL BUSINESS  ELIGIBILITY  REQUIREMENTS  PURSUANT  TO  SUBDIVISIONS
NINETEEN  AND  TWENTY  OF  SECTION  THREE  HUNDRED  TEN OF THIS ARTICLE,
RESPECTIVELY, HAVE LED TO THE SIGNIFICANT EXCLUSION OF BUSINESSES  OWNED
BY  MINORITY  GROUP MEMBERS OR WOMEN IN THAT INDUSTRY, GRANT PROVISIONAL
MWBE CERTIFICATION STATUS TO APPLICANTS FROM THAT  DESIGNATED  INDUSTRY,
PROVIDED,  HOWEVER,  THAT ALL OTHER ELIGIBILITY REQUIREMENTS PURSUANT TO
SUBDIVISION SEVEN OR FIFTEEN OF SECTION THREE HUNDRED TEN OF THIS  ARTI-
CLE, AS APPLICABLE, ARE SATISFIED. ANY INDUSTRY-BASED DETERMINATION MADE
UNDER THIS SECTION BY THE DIRECTOR SHALL BE MADE WIDELY AVAILABLE TO THE
PUBLIC AND POSTED ON THE DIVISION'S WEBSITE.
  5.  WITH  THE EXCEPTION OF PROVISIONAL MWBE CERTIFICATION, AS PROVIDED
FOR IN SUBDIVISION TWENTY-THREE OF SECTION THREE  HUNDRED  TEN  OF  THIS
ARTICLE, ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to sections 310 and 314 of  the  executive  law  made  by
sections one and two of this act shall not affect the expiration of such
sections and shall be deemed to expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15070-02-4

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