NY State Senate Bill 2021-S2651

Senate Bill S2651

2021-2022 Legislative Session

Directs the director of the division of minority and women's business development to provide for the minority and women-owned business certification of business entities owned by Indian nations or tribes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Procurement And Contracts 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to procurement and contracts
Jan 22, 2021	referred to procurement and contracts

2021-S2651 (ACTIVE) - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §314, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7430
2017-2018: S858
2019-2020: S958, S4991
2023-2024: S120

2021-S2651 (ACTIVE) - Summary

2021-S2651 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2651

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to directing the director
of the division of minority and women's business development to provide
for the certification of certain business entities owned by an Indian
nation or tribe for participation in the minority and women owned busi-
ness enterprise program

 
PURPOSE:

To modify the state's MWBE certification process to enable businesses
that are wholly owned by Indian Nations and tribes to be certified as an
MWBE by New York State.

 
SUMMARY OF PROVISIONS:

Amends Executive Law § 314, the Minority and Women-Owned Business Enter-
prise (MWBE) certification statute, to provide a mechanism through which
a business wholly-owned by an Indian nation or tribe (as that term is

defined in Indian Law § 2) can be certified as a minority-owned business
under Executive Law § 314.

 
JUSTIFICATION:

Empire State Development's Division of Minority and Women's Business
Development has determined that under current state law and regulations,
firms that are wholly-owned by Indian Nations and tribes cannot be
certified as Minority and Women-Owned businesses.

Many Indian Nation and tribes use wholly-owned corporate entities as a
means of developing their local economies. Unlike a privately owned
company, all of the profits of a Nation or tribally-owned entity go back
into the tribal corporation and/or the Indian Nation or tribe's general
budget, to be used for education, health care, infrastructure and trans-
portation, among other things. With many Indian Nations and tribes
having high rates of poverty, unemployment, seniors and chronic
illnesses, tribally-owned businesses support the economic empowerment,
growth and health and well-being of historically disadvantaged people.

New York State is promoting greater use of minority and women-owned
business enterprises as a means of addressing systemic discrimination
and creating new economic opportunities. Unfortunately, these efforts do
not recognize an important and valued segment of the state's minority
population.

Following the existing policies of the U.S. Small business Adminis-
tration's 8(a) program, this measure will ensure that state's MWBE
program is able to certify Indian Nation-owned businesses as MBEs.

 
LEGISLATIVE HISTORY:

2019-20: S.4991 Referred to Finance

2018: S.858/A.1789 Vetoed

2016: S.7430/A.10095 Vetoed
 
FISCAL IMPLICATIONS:

None to the state or local governments

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2651 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2651
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the executive law, in relation to directing the director
   of the division  of  minority  and  women's  business  development  to
   provide for the certification of certain business entities owned by an
   Indian  nation  or  tribe  for participation in the minority and women
   owned business enterprise program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 314 of the executive law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B.  THE  DIRECTOR SHALL ESTABLISH A PROCEDURE ENABLING THE OFFICE TO
 APPROVE AN APPLICATION BY A BUSINESS ENTITY THAT IS WHOLLY  OWNED  BY  A
 INDIAN  NATION OR TRIBE, AS DEFINED IN SECTION TWO OF THE INDIAN LAW, IN
 LIEU OF REQUIRING THE APPLICANT  TO  COMPLETE  THE  STATE  CERTIFICATION
 PROCESS.
   § 2. This act shall take effect immediately; provided, that the amend-
 ments  to  article 15-A of the executive law made by section one of this
 act shall not affect the expiration of such  article  and  shall  expire
 therewith.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04153-01-1

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