assembly Bill A9259A

2021-2022 Legislative Session

Relates to minority and women-owned business enterprises post completion certification, duties of the director and creating the minority and women-owned business enterprise fund

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Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.599
substituted for s3390a
May 24, 2022 referred to procurement and contracts
delivered to senate
passed assembly
ordered to third reading rules cal.418
rules report cal.418
reported
May 23, 2022 reported referred to rules
May 05, 2022 print number 9259a
May 05, 2022 amend and recommit to ways and means
Apr 25, 2022 reported referred to ways and means
Mar 08, 2022 reported referred to codes
Feb 09, 2022 referred to governmental operations

Co-Sponsors

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Multi-Sponsors

A9259 - Details

See Senate Version of this Bill:
S3390
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §§311, 314 & 316, Exec L; add §97-k, St Fin L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5243, S7517
2017-2018: A702, S3807
2019-2020: A2670, S2217

A9259 - Summary

Requires post completion certifications to be completed, under penalty of perjury, that the MWBE performed the work, performed the services, or delivered the materials; requires that the division of minority and women's business development create an internet registry, and perform inspections of MWBEs to weed out fraud and abuse; requires that additional regulations be adopted related to revocations of certifications for felony convictions for fraudulently misrepresenting the status of an MWBE; permits a court to issue fines double the amount that should have been paid to an MWBE upon conviction for felony fraud related to the MWBE program.

A9259 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9259
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced by M. of A. PEOPLES-STOKES, BICHOTTE HERMELYN, COOK, HYNDMAN,
   WALKER,  SEAWRIGHT  --  Multi-Sponsored by -- M. of A. GALEF, SIMON --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law and the state finance law, in relation
   to minority  and  women-owned  business  enterprises  post  completion
   certification,  duties  of  the director and creating the minority and
   women-owned business enterprise fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 314-a
 to read as follows:
   § 314-A. POST COMPLETION CERTIFICATION. THE DIRECTOR, IN COLLABORATION
 WITH THE DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT  AND  THE
 DEPARTMENT  OF  SMALL  BUSINESS  SERVICES,  SHALL  DEVELOP THE FOLLOWING
 STANDARDIZED CERTIFICATION FORMS THAT MUST BE COMPLETED UNDER PENALTY OF
 PERJURY PRIOR TO THE PRIME CONTRACTOR BEING PAID:
   1. CERTIFICATION FROM A REPRESENTATIVE OF THE  PRIME  CONTRACTOR  THAT
 THE  MINORITY  OR  WOMEN-OWNED BUSINESS ENTERPRISE IN FACT PERFORMED THE
 SERVICES OR PROVIDED THE MATERIALS THAT THEY WERE CONTRACTED TO  PERFORM
 OR PROVIDE; AND
   2.  CERTIFICATION FROM A REPRESENTATIVE OF THE MINORITY OR WOMEN-OWNED
 BUSINESS ENTERPRISE THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED
 THE MATERIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
   § 2. Paragraphs (f) and (j) of subdivision 3 of  section  311  of  the
 executive law, as amended by chapter 96 of the laws of 2019, are amended
 and three new paragraphs (l), (m) and (n) are added to read as follows:
   (f)  to  prepare  and  update,  no  less than annually, a directory of
 certified minority and women-owned  business  enterprises  which  shall,
 wherever  practicable,  be  divided  into categories of labor, services,
 supplies, equipment, materials and recognized  construction  trades  and
 which  shall  indicate areas or locations of the state where such enter-
 prises are available to perform services, AND TO USE THIS INFORMATION TO
 CREATE AN INTERNET BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAIL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03040-03-2

Co-Sponsors

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Multi-Sponsors

A9259A (ACTIVE) - Details

See Senate Version of this Bill:
S3390
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §§311, 314 & 316, Exec L; add §97-k, St Fin L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5243, S7517
2017-2018: A702, S3807
2019-2020: A2670, S2217

A9259A (ACTIVE) - Summary

Requires post completion certifications to be completed, under penalty of perjury, that the MWBE performed the work, performed the services, or delivered the materials; requires that the division of minority and women's business development create an internet registry, and perform inspections of MWBEs to weed out fraud and abuse; requires that additional regulations be adopted related to revocations of certifications for felony convictions for fraudulently misrepresenting the status of an MWBE; permits a court to issue fines double the amount that should have been paid to an MWBE upon conviction for felony fraud related to the MWBE program.

A9259A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9259--A
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced by M. of A. PEOPLES-STOKES, BICHOTTE HERMELYN, COOK, HYNDMAN,
   WALKER,  SEAWRIGHT,  MEEKS  --  Multi-Sponsored  by -- M. of A. GALEF,
   SIMON -- read once and referred to the Committee on Governmental Oper-
   ations -- reported and referred to the Committee on Codes --  reported
   and  referred  to  the  Committee  on  Ways  and  Means  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the executive law and the state finance law, in relation
   to minority  and  women-owned  business  enterprises  post  completion
   certification,  duties  of  the director and creating the minority and
   women-owned business enterprise fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 314-a
 to read as follows:
   § 314-A. POST COMPLETION CERTIFICATION. THE DIRECTOR, IN COLLABORATION
 WITH THE DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT  AND  THE
 DEPARTMENT  OF  SMALL  BUSINESS  SERVICES,  SHALL  DEVELOP THE FOLLOWING
 STANDARDIZED CERTIFICATION FORMS THAT MUST BE COMPLETED UNDER PENALTY OF
 PERJURY PRIOR TO THE PRIME CONTRACTOR BEING PAID:
   1. CERTIFICATION FROM A REPRESENTATIVE OF THE  PRIME  CONTRACTOR  THAT
 THE  MINORITY  OR  WOMEN-OWNED BUSINESS ENTERPRISE IN FACT PERFORMED THE
 SERVICES OR PROVIDED THE MATERIALS THAT THEY WERE CONTRACTED TO  PERFORM
 OR PROVIDE; AND
   2.  CERTIFICATION FROM A REPRESENTATIVE OF THE MINORITY OR WOMEN-OWNED
 BUSINESS ENTERPRISE THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED
 THE MATERIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
   § 2. Paragraphs (f) and (j) of subdivision 3 of  section  311  of  the
 executive  law,  paragraph  (f)  as amended by chapter 96 of the laws of
 2019 and paragraph (j) as amended by chapter 825 of the  laws  of  2021,
 are  amended and three new paragraphs (l), (m) and (n) are added to read
 as follows:
   (f) to prepare and update, no  less  than  annually,  a  directory  of
 certified  minority  and  women-owned  business enterprises which shall,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.