S T A T E O F N E W Y O R K
________________________________________________________________________
2987
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
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Introduced by M. of A. BICHOTTE, STECK -- Multi-Sponsored by -- M. of A.
BLAKE, HYNDMAN, SEAWRIGHT, WALKER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to eliminating the
requirement that certain minority and women-owned business enterprise
owners have a personal net worth of less than three million five
hundred thousand dollars in order to obtain certification as a quali-
fying minority and women-owned business enterprise; clarifying that an
individual's net worth is not to be considered in determining eligi-
bility for certification under Article 15-A of the executive law; and
to repeal subdivision 19 of section 310 of the executive 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. Subparagraphs (v), (vi) and (vii) of paragraph (a) of
subdivision 2-a of section 314 of the executive law, as amended by chap-
ter 175 of the laws of 2010, are amended to read as follows:
(v) be subject to a physical site inspection to verify the fifty-one
percent ownership requirement; AND
(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 thousand
dollars, as adjusted annually for inflation according to the consumer
price index; and
(vii)] be an enterprise that is a small business pursuant to subdivi-
sion twenty of section three hundred ten of this article.
§ 2. Paragraphs (e) and (f) of subdivision 7 of section 310 of the
executive law, as amended by chapter 22 of the laws of 2014, are amended
to read as follows:
(e) [an enterprise owned by an individual or individuals, whose owner-
ship, control and operation are relied upon for certification, with a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00265-01-9
A. 2987 2
personal net worth that does not exceed three million five hundred thou-
sand dollars, as adjusted annually on the first of January for inflation
according to the consumer price index of the previous year; and
(f)] an enterprise that is a small business pursuant to subdivision
twenty of this section.
§ 3. Paragraphs (e) and (f) of subdivision 15 of section 310 of the
executive law, as amended by chapter 22 of the laws of 2014, are amended
to read as follows:
(e) [an enterprise owned by an individual or individuals, whose owner-
ship, 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 on the first of January for inflation
according to the consumer price index of the previous year; and
(f)] an enterprise that is a small business pursuant to subdivision
twenty of this section.
§ 4. Subdivision 19 of section 310 of the executive law is REPEALED.
§ 5. Notwithstanding any rule, regulation or guideline to the contra-
ry, the personal net worth of an individual or individuals, whose owner-
ship, control and operation are relied upon for certification of a busi-
ness as a certified minority and women-owned business enterprise
pursuant to the provisions of article 15-A of the executive law shall
not be taken into account in determining certification under such arti-
cle.
§ 6. This act shall take effect immediately; provided, however, that:
(a) the amendments to section 314 of the executive law made by section
one of this act shall not affect the expiration of such section and
shall be deemed expired therewith; and
(b) the amendments to section 310 of the executive law made by
sections two, three and four of this act shall not affect the expiration
of such section and shall be deemed expired therewith.