S T A T E O F N E W Y O R K
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.