Assembly Bill A9977A

2017-2018 Legislative Session

Relates to criteria for certification by the division of minority and women's business development of MWBE status; repealer

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-A9977 - Details

See Senate Version of this Bill:
S7892
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §§314 & 310, rpld §310 sub 19, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6223
2021-2022: A6729
2023-2024: A3955

2017-A9977 - Summary

Relates to criteria for certification by the division of minority and women's business development of MWBE status.

2017-A9977 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9977
 
                           I N  A S S E M B L Y
 
                               March 2, 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 criteria for certif-
   ication by the division of minority and women's  business  development
   of minority and women-owned business enterprise status
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2-a  of  section  314  of  the
 executive law, as amended by chapter 175 of the laws of 2010, is amended
 to read as follows:
   (a)  The  director  shall establish a procedure enabling the office to
 accept New York municipal  corporation  certification  verification  for
 minority  and  women-owned  business  enterprise  applicants  in lieu of
 requiring the applicant to complete the state certification process. The
 director shall promulgate rules and regulations to  set  forth  criteria
 for  the acceptance of municipal corporation certification. All eligible
 municipal corporation certifications shall require business  enterprises
 seeking certification to meet the following standards:
   (i)  have  at  least  fifty-one  percent  ownership by a minority or a
 women-owned enterprise and be owned by United States citizens or  perma-
 nent resident aliens;
   (ii)  be  an  enterprise  in which the minority and/or women-ownership
 interest is real, substantial and continuing;
   (iii) be an enterprise in which the  minority  and/or  women-ownership
 has  and exercises the authority to control independently the day-to-day
 business decisions of the enterprise;
   (iv) be an enterprise authorized to do business in this state;
   (v) be subject to a physical site inspection to verify  the  fifty-one
 percent ownership requirement;
   (vi)  be  owned  by  an  individual  or  individuals, whose ownership,
 control and  operation  are  relied  upon  for  certification[,  with  a
 personal net worth that does not exceed three million five hundred thou-
 sand  dollars,  as  adjusted  annually  for  inflation  according to the
 consumer price index] AND THAT HAS BEEN AWARDED CONTRACTS BY ONE OR MORE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2017-A9977A (ACTIVE) - Details

See Senate Version of this Bill:
S7892
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §§314 & 310, rpld §310 sub 19, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6223
2021-2022: A6729
2023-2024: A3955

2017-A9977A (ACTIVE) - Summary

Relates to criteria for certification by the division of minority and women's business development of MWBE status.

2017-A9977A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9977--A
 
                           I N  A S S E M B L Y
 
                               March 2, 2018
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee  on Governmental Operations -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to criteria  for  certif-
   ication  by  the division of minority and women's business development
   of minority and women-owned business enterprise status; and to  repeal
   subdivision  19  of section 310 of such law relating to the definition
   of personal net worth
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 2-a of section 314 of the
 executive law, as amended by chapter 175 of the laws of 2010, is amended
 to read as follows:
   (a) The director shall establish a procedure enabling  the  office  to
 accept  New  York  municipal  corporation certification verification for
 minority and women-owned  business  enterprise  applicants  in  lieu  of
 requiring the applicant to complete the state certification process. The
 director  shall  promulgate  rules and regulations to set forth criteria
 for the acceptance of municipal corporation certification. All  eligible
 municipal  corporation certifications shall require business enterprises
 seeking certification to meet the following standards:
   (i) have at least fifty-one percent  ownership  by  a  minority  or  a
 women-owned  enterprise and be owned by United States citizens or perma-
 nent resident aliens;
   (ii) be an enterprise in which  the  minority  and/or  women-ownership
 interest is real, substantial and continuing;
   (iii)  be  an  enterprise in which the minority and/or women-ownership
 has and exercises the authority to control independently the  day-to-day
 business decisions of the enterprise;
   (iv) be an enterprise authorized to do business in this state;
   (v)  be  subject to a physical site inspection to verify the fifty-one
 percent ownership requirement;
   (vi) be owned  by  an  individual  or  individuals,  whose  ownership,
 control  and  operation  are  relied  upon  for  certification[,  with a

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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