senate Bill S3390

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

download bill text pdf

Sponsored By

Current Bill Status Via A9259 - Passed Senate & Assembly


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.599
substituted for s3390a
Jun 01, 2022 substituted by a9259a
May 09, 2022 amended on third reading 3390a
Mar 07, 2022 advanced to third reading
Mar 03, 2022 2nd report cal.
Mar 02, 2022 1st report cal.599
Jan 05, 2022 referred to procurement and contracts
Mar 09, 2021 reported and committed to finance
Jan 29, 2021 referred to procurement and contracts

Votes

view votes

Mar 2, 2022 - Procurement and Contracts committee Vote

S3390
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Procurement and Contracts committee vote details

Procurement and Contracts Committee Vote: Mar 2, 2022

Mar 9, 2021 - Procurement and Contracts committee Vote

S3390
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Procurement and Contracts committee vote details

Procurement and Contracts Committee Vote: Mar 9, 2021

Co-Sponsors

S3390 - Details

Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §§311, 314 & 316, Exec L; add §97-j, St Fin L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7517
2017-2018: S3807
2019-2020: S2217

S3390 - 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.

S3390 - Sponsor Memo

S3390 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3390
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 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 (k), (l) and (m) 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-
 ING CERTIFICATIONS, DENIALS, WAIVERS AND ALL DOCUMENTS SUBMITTED  DURING
 THE LIFE OF THE CONTRACT;

Co-Sponsors

S3390A (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §§311, 314 & 316, Exec L; add §97-j, St Fin L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7517
2017-2018: S3807
2019-2020: S2217

S3390A (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.

S3390A (ACTIVE) - Sponsor Memo

S3390A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3390--A
     Cal. No. 599
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by Sens. BAILEY, RYAN -- read twice and ordered printed, and
   when printed to be committed  to  the  Committee  on  Procurement  and
   Contracts -- recommitted to the Committee on Procurement and Contracts
   in  accordance  with  Senate Rule 6, sec. 8 -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03040-05-2

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.