S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7050
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  authorizing  not-for-
   profit corporation inclusion as minority and women-owned enterprises
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 7 and 15  of section 310 of  the  executive
 law, subdivision 1 as added by chapter 261 of the laws of 1988, subdivi-
 sions  7  and 15 as amended by chapter 22 of the laws of 2014, paragraph
 (e) of subdivision 7 and paragraph (e) of subdivision 15 as  amended  by
 chapter  96  of the laws of 2019, and paragraph (a) of subdivision 15 as
 amended by chapter 669 of the laws of  2022,  are  amended  to  read  as
 follows:
   1. "Certified business" shall mean a business OR NOT-FOR-PROFIT CORPO-
 RATION  verified as a minority or women-owned business enterprise pursu-
 ant to section three hundred fourteen of this article.
   7. "Minority-owned business enterprise" shall mean:
   (A) a business enterprise, including a sole  proprietorship,  partner-
 ship, limited liability company or corporation that is:
   [(a)]  (I)  at  least  fifty-one percent owned by one or more minority
 group members;
   [(b)] (II) an enterprise in which such  minority  ownership  is  real,
 substantial and continuing;
   [(c)]  (III)  an  enterprise  in which such minority ownership has and
 exercises the authority to control independently the day-to-day business
 decisions of the enterprise;
   [(d)] (IV) an enterprise authorized to do business in this  state  and
 independently owned and operated;
   [(e)]  (V)  an enterprise 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 fifteen million  dollars,  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10966-01-3
              

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 such  other  amount  as  the director shall set forth in regulations, as
 adjusted annually on the first of January for inflation according to the
 consumer price index of the previous year; and
   [(f)] (VI) an enterprise that is a small business pursuant to subdivi-
 sion twenty of this section[.]; OR
   (B) A NOT-FOR-PROFIT CORPORATION:
   (I)  THAT  INCLUDES  A  GOVERNING  BOARD OF AT LEAST FIFTY-ONE PERCENT
 MINORITY GROUP MEMBERS;
   (II) IN WHICH SUCH LEADERSHIP IS REAL, SUBSTANTIAL AND CONTINUING; AND
   (III) INCORPORATED IN THIS STATE AND INDEPENDENTLY OPERATED.
   15. "Women-owned business enterprise" shall mean:
   (A) a business enterprise, including a sole  proprietorship,  partner-
 ship, limited liability company or corporation that is:
   [(a)]  (I)  at  least  fifty-one  percent  owned by one or more United
 States citizens or permanent resident noncitizens who are women;
   [(b)] (II) an enterprise in which the ownership interest of such women
 is real, substantial and continuing;
   [(c)] (III) an enterprise in which such women ownership has and  exer-
 cises  the  authority  to  control independently the day-to-day business
 decisions of the enterprise;
   [(d)] (IV) an enterprise authorized to do business in this  state  and
 independently owned and operated;
   [(e)]  (V)  an enterprise 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 fifteen million  dollars,  and
 such  other  amount  as  the director shall set forth in regulations, as
 adjusted annually on the first of January for inflation according to the
 consumer price index of the previous year; and
   [(f)] (VI) an enterprise that is a small business pursuant to subdivi-
 sion twenty of this section[.]; OR
   (B) A NOT-FOR-PROFIT CORPORATION:
   (I) THAT INCLUDES A GOVERNING BOARD  OF  AT  LEAST  FIFTY-ONE  PERCENT
 WOMEN;
   (II) IN WHICH SUCH LEADERSHIP IS REAL, SUBSTANTIAL AND CONTINUING; AND
   (III) INCORPORATED IN THIS STATE AND INDEPENDENTLY OPERATED.
   A  firm  owned  by  a minority group member who is also a woman may be
 certified as a minority-owned business enterprise, a  women-owned  busi-
 ness  enterprise, or both, and may be counted towards either a minority-
 owned business enterprise goal  or  a  women-owned  business  enterprise
 goal, in regard to any contract or any goal, set by an agency or author-
 ity,  but such participation may not be counted towards both such goals.
 Such an enterprise's participation in a  contract  may  not  be  divided
 between  the minority-owned business enterprise goal and the women-owned
 business enterprise goal.
   § 2. Subdivision 2 of section 314 of the executive law, as amended  by
 chapter 96 of the laws of 2019, is amended to read as follows:
   2.  For  the purposes of this article, the office shall be responsible
 for verifying businesses AND NOT-FOR-PROFIT CORPORATIONS as being owned,
 operated, [and] AND/OR controlled by minority group members or women and
 for certifying such verified businesses AND NOT-FOR-PROFIT CORPORATIONS.
 The director shall prepare a directory of certified businesses  for  use
 by  contracting  agencies and contractors in carrying out the provisions
 of this article. The director shall periodically, but no less than annu-
 ally, update the directory.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that  the  amendments  to
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 sections  310  and 314 of the executive law made by sections one and two
 of this act shall not affect the repeal of such sections  and  shall  be
 deemed repealed therewith.