assembly Bill A5835

2015-2016 Legislative Session

Enacts the Fair Local Wage Act allowing localities to raise minimum wage by thirty percent

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to labor
Mar 05, 2015 referred to labor

Co-Sponsors

A5835 - Bill Details

See Senate Version of this Bill:
S5214
Current Committee:
Assembly Labor
Law Section:
Municipal Home Rule Law
Laws Affected:
Amd §11, Munic Home R L; amd §§654 & 662, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A8767A, S7743A

A5835 - Bill Texts

view summary

Enacts the Fair Local Wage Act allowing localities to raise the minimum wage by thirty percent.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5835

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  ABINANTI, MOSLEY -- read once and
  referred to the Committee on Labor

AN ACT to amend the municipal home  rule  law  and  the  labor  law,  in
  relation  to  enacting  the Fair Local Wage Act allowing localities to
  raise minimum wages by thirty percent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "Fair Local
Wage Act".
  S  2. Paragraph f of subdivision 1 of section 11 of the municipal home
rule law, as amended by chapter 21 of the laws of 1992,  is  amended  to
read as follows:
  f. Applies to or affects any provision of paragraph (c) of subdivision
one  of  section  8-100  of  the  election law, the labor law, EXCEPT AS
PROVIDED IN SUBDIVISION TWO OF SECTION SIX  HUNDRED  FIFTY-FOUR  OF  THE
LABOR  LAW,  sections two, three and four of chapter one thousand eleven
of the laws  of  nineteen  hundred  sixty-eight,  entitled  "An  act  in
relation  to  the  maximum  hours of labor of certain municipal and fire
district firemen and the holidays of firemen  and  policemen,  repealing
certain  sections  of  the  labor law relating thereto, and to amend the
municipal home rule law, in relation thereto," as amended, the volunteer
[firemen's] FIREFIGHTERS'  benefit  law,  or  the  [workmen's]  WORKERS'
compensation  law or changes any provision of the multiple residence law
or the multiple dwelling law, except that  in  a  city  of  one  million
persons  or more, the provisions of local law for the enforcement of the
housing code which is not less restrictive than  the  multiple  dwelling
law may be applied in the enforcement of the multiple dwelling law.
  S 3. Section 654 of the labor law, as added by chapter 619 of the laws
of 1960, is amended to read as follows:
  S  654.  Basis of changes in minimum wage. (1) In establishing minimum
wages and regulations for any occupation or occupations pursuant to  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04902-01-5

A. 5835                             2

provisions of the following sections of this article, the wage board and
the  commissioner  shall  consider  the  amount  sufficient  to  provide
adequate maintenance and to protect health and, in  addition,  the  wage
board and the commissioner shall consider the value of the work or clas-
sification  of  work performed, and the wages paid in the state for work
of like or comparable character.
  (2) COUNTIES OR CITIES ARE AUTHORIZED TO ENACT HIGHER MINIMUM WAGES UP
TO THIRTY PERCENT HIGHER THAN THE  MINIMUM  WAGE  ESTABLISHED  FOR  EACH
CLASS PURSUANT TO THIS ARTICLE AND ARTICLE NINETEEN-A OF THIS CHAPTER.
  S  4.  Subdivision  1  of  section 662 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  1. Failure to pay minimum wage or overtime compensation. Any  employer
or  his  or her agent, or the officer or agent of any corporation, part-
nership, or limited liability company, who pays or agrees to pay to  any
employee less than the wage applicable under this article, INCLUDING ANY
MINIMUM WAGE ESTABLISHED BY A COUNTY OR CITY shall be guilty of a misde-
meanor  and  upon  conviction therefor shall be fined not less than five
hundred nor more than twenty thousand dollars or imprisoned for not more
than one year, and, in the event that any second or  subsequent  offense
occurs  within  six years of the date of conviction for a prior offense,
shall be guilty of a felony for the second or  subsequent  offense,  and
upon  conviction therefor, shall be fined not less than five hundred nor
more than twenty thousand dollars or imprisoned for not  more  than  one
year  plus  one day, or punished by both such fine and imprisonment, for
each such offense. Each payment to any employee in any week of less than
the wage applicable under  this  article  shall  constitute  a  separate
offense.
  S  5.  Nothing  in  this act shall have any effect on the authority of
counties or cities to adopt standards relating to wages, hours, or other
working conditions, or mechanisms for the enforcement thereof, that  are
not inconsistent with the provisions of this act.
  S 6. This act shall take effect immediately.

assembly Bill A5243B

2015-2016 Legislative Session

Relates to minority and women-owned business enterprises

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


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

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.225
rules report cal.225
reported
Jun 07, 2016 reported referred to rules
Jun 06, 2016 reported referred to ways and means
May 31, 2016 print number 5243e
amend (t) and recommit to codes
May 23, 2016 reported referred to codes
May 20, 2016 print number 5243d
amend (t) and recommit to governmental operations
Feb 08, 2016 print number 5243c
amend and recommit to governmental operations
Jan 06, 2016 referred to governmental operations
May 07, 2015 print number 5243b
amend and recommit to governmental operations
Apr 01, 2015 print number 5243a
amend and recommit to governmental operations
Feb 13, 2015 referred to governmental operations

Bill Amendments

A5243
A5243A
A5243B
A5243C
A5243D
A5243E
A5243
A5243A
A5243B
A5243C
A5243D
A5243E

A5243 - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243 - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5243

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, be divided into categories of labor, services, supplies, equipment,
materials and recognized construction trades and  which  shall  indicate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-03-5

A. 5243                             2

areas  or locations of the state where such enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS , WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE  OF
A WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESS'S FOR EVIDENCE OF FRAUD; AND
  (L) TO ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT  WRONGDOING  ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws  of  1992,  subdivision  1 as amended by chapter 357 of the laws of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [second]  FIFTH
degree  when  he  engages  in a scheme constituting a systematic ongoing
course of conduct with intent to defraud more  than  one  person  or  to
obtain  property  from  more  than  one  person  by  false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2. In any prosecution under this section, it  shall  be  necessary  to
prove  the  identity  of  at least one person from whom the defendant so
obtained property, but it shall not be necessary to prove  the  identity
of any other intended victim.
  Scheme  to defraud in the [second] FIFTH degree is a class A misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [first]  FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing  course of conduct with intent to defraud ten or more persons or
to obtain property from ten or  more  persons  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or  more  of  such  persons;  or  (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to  defraud  more  than
one  person  or to obtain property from more than one person by false or
fraudulent pretenses, representations or promises, and so obtains  prop-
erty  with  a  value  in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing course of conduct with intent to defraud more than one person,  more
than  one  of whom is a vulnerable elderly person as defined in subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty from more than one person, more than one of whom  is  a  vulnerable
elderly  person  as  defined  in  subdivision  three of section [260.30]
260.31 of this chapter, by false or  fraudulent  pretenses,  representa-

A. 5243                             3

tions  or  promises,  and  so  obtains  property  from  one or more such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS

A. 5243                             4

PROPERTY  WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED  IN  PAYMENT  OF  A  FINE  IMPOSED
PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION ONE OF THIS SECTION ARE THE
PROPERTY OF THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT  ALL  SUCH
FINES TO THE MINORITY AND WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT
TO SECTION NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S  8. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 9. This act shall take effect immediately, provided,  however,  that
the amendments to article 15-A of the executive law made by sections one
and  two of this act shall not affect the expiration of such article and
shall be deemed to expire therewith.

A5243A - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243A - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-06-5

A. 5243--A                          2

ble, 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 enterprises are available to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L)  TO  ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT WRONGDOING ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws of 1992, subdivision 1 as amended by chapter 357  of  the  laws  of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [second] FIFTH
degree when he engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to defraud more than one person or to
obtain property from  more  than  one  person  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim.
  Scheme to defraud in the [second] FIFTH degree is a class A  misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [first] FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing course of conduct with intent to defraud ten or more persons  or
to  obtain  property  from  ten  or  more persons by false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons; or (b)  engages  in  a  scheme  constituting  a
systematic  ongoing  course  of conduct with intent to defraud more than
one person or to obtain property from more than one person by  false  or
fraudulent  pretenses, representations or promises, and so obtains prop-
erty with a value in excess of one thousand dollars  from  one  or  more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing  course of conduct with intent to defraud more than one person, more
than one of whom is a vulnerable elderly person as defined  in  subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty  from  more  than one person, more than one of whom is a vulnerable

A. 5243--A                          3

elderly person as defined  in  subdivision  three  of  section  [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE

A. 5243--A                          4

THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE IMPOSED ON  A
DEFENDANT  CONVICTED OF A CRIME IN WHICH A MINORITY OR WOMEN-OWNED BUSI-
NESS DID NOT PROVIDE BONA FIDE SERVICES OR MATERIALS ARE THE PROPERTY OF
THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO  THE
MINORITY  AND  WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 8. Section 80.10 of the penal  law,  subdivision  1  as  amended  by
section  28 of subpart A of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1. In general. A sentence to pay a fine, when  imposed  on  a  [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine  is  specified,  shall be a sentence to pay an amount, fixed by the
court, not exceeding:
  (a) [Ten] ONE HUNDRED thousand dollars, when the conviction  is  of  a
felony;
  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;

A. 5243--A                          5

  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of  the  offense
or,  if  the  [corporation]  NON-NATURAL  PERSON is convicted of a crime
defined in article four hundred ninety-six of this chapter,  any  higher
amount  not exceeding three times the amount of the [corporation's] NON-
NATURAL PERSON'S gain from the commission of such offense.
  2. Exception. In the case of an offense defined outside this  chapter,
if  a special fine [for a corporation] is expressly specified in the law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b) Any higher amount not exceeding double the amount of  the  [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3.  Determination  of amount or value. When the court imposes the fine
authorized by paragraph (e) of  subdivision  one  or  paragraph  (b)  of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S  9. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 10. This act shall take effect immediately, provided, however,  that
the amendments to article 15-A of the executive law made by sections one
and  two of this act shall not affect the expiration of such article and
shall be deemed to expire therewith.

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A5243B - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243B - Bill Texts

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Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the executive law, the penal law and the state finance
  law,  in  relation  to  minority  and  women-owned   businesses   post
  completion  certification, duties of the director, the crime of scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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 THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE  MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S  2.  Paragraphs  (f), (h) and (i) of subdivision 3 of section 311 of
the executive law, paragraph (f) as added by chapter 261 of the laws  of
1988,  paragraph  (h) as amended and paragraph (i) as added by section 1
of part BB of chapter 59 of the laws of 2006, are amended and three  new
paragraphs (j), (k) and (l) are added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-07-5

A. 5243--B                          2

  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h) notwithstanding the provisions of section two  hundred  ninety-six
of  this  chapter,  to  file  a  complaint pursuant to the provisions of
section two hundred ninety-seven of this chapter where the director  has
knowledge  that  a  contractor may have violated the provisions of para-
graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
six  of  this  chapter  where  such  violation is unrelated, separate or
distinct from the state contract as expressed by its terms; [and]
  (i) to streamline the state certification process  to  accept  federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L) TO ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT  WRONGDOING  ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws  of  1992,  subdivision  1 as amended by chapter 357 of the laws of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [second]  FIFTH
degree  when  he  engages  in a scheme constituting a systematic ongoing
course of conduct with intent to defraud more  than  one  person  or  to
obtain  property  from  more  than  one  person  by  false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2. In any prosecution under this section, it  shall  be  necessary  to
prove  the  identity  of  at least one person from whom the defendant so
obtained property, but it shall not be necessary to prove  the  identity
of any other intended victim.
  Scheme  to defraud in the [second] FIFTH degree is a class A misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [first]  FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing  course of conduct with intent to defraud ten or more persons or
to obtain property from ten or  more  persons  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or  more  of  such  persons;  or  (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to  defraud  more  than
one  person  or to obtain property from more than one person by false or
fraudulent pretenses, representations or promises, and so obtains  prop-
erty  with  a  value  in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing course of conduct with intent to defraud more than one person,  more
than  one  of whom is a vulnerable elderly person as defined in subdivi-

A. 5243--B                          3

sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty from more than one person, more than one of whom  is  a  vulnerable
elderly  person  as  defined  in  subdivision  three of section [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY

A. 5243--B                          4

FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR  MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraphs a and c of subdivision 1 of section 80.00 of the penal
law, as amended by section 27 of subpart A of part H of  chapter  55  of
the  laws of 2014, are amended and a new paragraph d is added to read as
follows:
  a. [five] FIFTY thousand dollars; or
  c. if the conviction is for any felony defined in article two  hundred
twenty  or  two  hundred  twenty-one  of  this chapter, according to the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When imposing a fine pursuant to the provisions of this  paragraph,  the
court  shall  consider the profit gained by defendant's conduct, whether
the amount of the fine is  disproportionate  to  the  conduct  in  which
defendant  engaged,  its impact on any victims, and defendant's economic
circumstances, including the defendant's ability to pay, the  effect  of
the  fine  upon his or her immediate family or any other persons to whom
the defendant owes an obligation of support[.]; OR
  D. IF THE CONVICTION IS FOR ANY  FELONY  DEFINED  IN  SECTION  190.65,
190.66,  190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY OR
WOMEN-OWNED BUSINESS, DOUBLE THE AMOUNT THAT SHOULD HAVE  BEEN  PAID  TO
THE  MINORITY  OR  WOMEN-OWNED  BUSINESS FOR BONA FIDE WORK OR MATERIALS
UNDER THE CONTRACT.
  S 7. Section 80.00 of the penal law is amended by adding a new  subdi-
vision 8 to read as follows:
  8.  ALL  MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE IMPOSED OUT
OF THE MISUSE OF A MINORITY OR WOMEN-OWNED BUSINESS ARE THE PROPERTY  OF
THE  STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO THE
MINORITY AND WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT  TO  SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S  8.  Subdivision  4 of section 80.00 of the penal law, as amended by
chapter 338 of the laws of 1989, is amended to read as follows:
  4. Exception. The provisions of this section  shall  not  apply  to  a
[corporation] NON-NATURAL PERSON.
  S  9.  Section  80.10  of  the  penal law, subdivision 1 as amended by
section 28 of subpart A of part H of chapter 55 of the laws of 2014,  is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1.  In  general.  A  sentence to pay a fine, when imposed on a [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine is specified, shall be a sentence to pay an amount,  fixed  by  the
court, not exceeding:

A. 5243--B                          5

  (a)  [Ten]  ONE  HUNDRED thousand dollars, when the conviction is of a
felony;
  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;
  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of  the  offense
or,  if  the  [corporation]  NON-NATURAL  PERSON is convicted of a crime
defined in article four hundred ninety-six of this chapter,  any  higher
amount  not exceeding three times the amount of the [corporation's] NON-
NATURAL PERSON'S gain from the commission of such offense.
  2. Exception. In the case of an offense defined outside this  chapter,
if  a special fine [for a corporation] is expressly specified in the law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b) Any higher amount not exceeding double the amount of  the  [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3.  Determination  of amount or value. When the court imposes the fine
authorized by paragraph (e) of  subdivision  one  or  paragraph  (b)  of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S 10. The state finance law is amended by adding a new section 97-j to
read as follows:
  S  97-J.  MINORITY  AND  WOMEN-OWNED BUSINESS FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL FINES RECEIVED FROM  ANY  COURT  OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3.  MONIES  OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED TO ACQUIRE
SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE  MINORITY
AND   WOMEN-OWNED   BUSINESS   FRAUD  AND  TO  UNDERWRITE  MINORITY  AND
WOMEN-OWNED BUSINESS PROGRAMS TO  ASSIST  MINORITY  AND  WOMEN  BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S  11. This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive law made by sections one
and two of this act shall not affect the expiration of such article  and
shall be deemed to expire therewith.

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Multi-Sponsors

A5243C - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243C - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK, PEOPLES-STOKES -- read once and referred to  the  Committee  on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Governmental Operations in accordance with Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-08-6

A. 5243--C                          2

1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available  to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L)  TO  ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT WRONGDOING ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws of 1992, subdivision 1 as amended by chapter 357  of  the  laws  of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [second] FIFTH
degree when he engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to defraud more than one person or to
obtain property from  more  than  one  person  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim.
  Scheme to defraud in the [second] FIFTH degree is a class A  misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [first] FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing course of conduct with intent to defraud ten or more persons  or
to  obtain  property  from  ten  or  more persons by false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons; or (b)  engages  in  a  scheme  constituting  a
systematic  ongoing  course  of conduct with intent to defraud more than
one person or to obtain property from more than one person by  false  or
fraudulent  pretenses, representations or promises, and so obtains prop-
erty with a value in excess of one thousand dollars  from  one  or  more

A. 5243--C                          3

such persons; or (c) engages in a scheme constituting a systematic ongo-
ing  course of conduct with intent to defraud more than one person, more
than one of whom is a vulnerable elderly person as defined  in  subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty  from  more  than one person, more than one of whom is a vulnerable
elderly person as defined  in  subdivision  three  of  section  [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law  is amended by adding four new sections 190.66,
190.67, 190.68 and 190.69 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING

A. 5243--C                          4

COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR  MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
S 190.69 THREE CONVICTIONS FOR SCHEME TO DEFRAUD BY AN OSTENSIBLE MINOR-
           ITY OR WOMEN-OWNED BUSINESS.
  UPON THREE CONVICTIONS FOR ANY  OFFENSE  DEFINED  IN  SECTION  190.60,
190.65,  190.66,  190.67,  OR 190.68 INVOLVING A MINORITY OR WOMEN-OWNED
BUSINESS, AN INDIVIDUAL SHALL BE BARRED FROM  DOING  BUSINESS  WITH  THE
STATE.
  S 6. Paragraphs a and c of subdivision 1 of section 80.00 of the penal
law,  as  amended  by section 27 of subpart A of part H of chapter 55 of
the laws of 2014, are amended and a new paragraph d is added to read  as
follows:
  a. [five] FIFTY thousand dollars; or
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE  IMPOSED  OUT
OF  THE MISUSE OF A MINORITY OR WOMEN-OWNED BUSINESS ARE THE PROPERTY OF
THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO  THE
MINORITY  AND  WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 8. Subdivision 4 of section 80.00 of the penal law,  as  amended  by
chapter 338 of the laws of 1989, is amended to read as follows:
  4.  Exception.  The  provisions  of  this section shall not apply to a
[corporation] NON-NATURAL PERSON.

A. 5243--C                          5

  S 9. Section 80.10 of the penal  law,  subdivision  1  as  amended  by
section  28 of subpart A of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1.  In  general.  A  sentence to pay a fine, when imposed on a [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine is specified, shall be a sentence to pay an amount,  fixed  by  the
court, not exceeding:
  (a)  [Ten]  ONE  HUNDRED thousand dollars, when the conviction is of a
felony;
  (b) Five thousand dollars, when the conviction is of a class A  misde-
meanor  or  of an unclassified misdemeanor for which a term of imprison-
ment in excess of three months is authorized;
  (c) Two thousand dollars, when the conviction is of a class  B  misde-
meanor  or  of an unclassified misdemeanor for which the authorized term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e) Any higher amount not exceeding double the amount of  the  [corpo-
ration's]  NON-NATURAL  PERSON'S gain from the commission of the offense
or, if the [corporation] NON-NATURAL PERSON  is  convicted  of  a  crime
defined  in  article four hundred ninety-six of this chapter, any higher
amount not exceeding three times the amount of the [corporation's]  NON-
NATURAL PERSON'S gain from the commission of such offense.
  2.  Exception. In the case of an offense defined outside this chapter,
if a special fine [for a corporation] is expressly specified in the  law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3. Determination of amount or value. When the court imposes  the  fine
authorized  by  paragraph  (e)  of  subdivision  one or paragraph (b) of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S 10. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 11. Section 316 of the executive law, as amended by chapter  175  of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement.  1. Upon receipt by the director of a complaint by
a contracting agency that a contractor has violated the provisions of  a
state contract which have been included to comply with the provisions of

A. 5243--C                          6

this  article  or of a contractor that a contracting agency has violated
such provisions or has failed or refused to issue a waiver where one has
been applied for pursuant to subdivision six of  section  three  hundred
thirteen  of  this  article or has denied such application, the director
shall attempt to resolve the matter giving rise to  such  complaint.  If
efforts  to  resolve  such matter to the satisfaction of all parties are
unsuccessful, the director shall refer the matter, within thirty days of
the receipt of the complaint, to the division's hearing  officers.  Upon
conclusion  of  the  administrative  hearing,  the hearing officer shall
submit to the  director  his  or  her  decision  regarding  the  alleged
violation  of  the contract and recommendations regarding the imposition
of sanctions, fines or penalties.  The  director,  within  ten  days  of
receipt  of  the decision, shall file a determination of such matter and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be final and may only be vacated or  modified  as  provided  in  article
seventy-eight  of  the  civil practice law and rules upon an application
made within the time provided by such article. The determination of  the
director as to the imposition of any fines, sanctions or penalties shall
be  reviewable  pursuant  to article seventy-eight of the civil practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor  or the contractor's willful and intentional disregard of the
minority and  women-owned  participation  requirement  included  in  the
contract may include a determination that the contractor shall be ineli-
gible  to  submit a bid to any contracting agency or be awarded any such
contract for a period not to exceed one year following the final  deter-
mination;  provided  however, if a contractor has previously been deter-
mined to be ineligible to submit a bid pursuant  to  this  section,  the
penalties imposed for any subsequent violation, if such violation occurs
within  five  years  of the first violation, may include a determination
that the contractor shall be ineligible to submit a bid to any contract-
ing agency or be awarded any such contract for a period  not  to  exceed
five  years  following the final determination. The division of minority
and women's business development shall maintain a  website  listing  all
contractors that have been deemed ineligible to submit a bid pursuant to
this  section  and the date after which each contractor shall once again
become eligible to submit bids.
  2. THE COMPTROLLER SHALL, FROM TIME TO TIME  BUT  AT  LEAST  ANNUALLY,
CONDUCT AN AUDIT OF EVERY MINORITY AND WOMEN-OWNED BUSINESSES.
  S  12. This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one,  two and eleven of this act shall not affect the expiration of such
article and shall be deemed to expire therewith.

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Multi-Sponsors

A5243D - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243D - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK, PEOPLES-STOKES,  BLAKE,  HUNTER,  HYNDMAN,  BARRON,  HOOPER  --
  Multi-Sponsored  by  --  M.  of  A.  ROBINSON,  SIMON -- read once and
  referred to the Committee  on  Governmental  Operations  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  recommitted to the Committee on Governmental Operations in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the executive law, the penal 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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-10-6

A. 5243--D                          2

  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.
  S  2.  Paragraphs  (f), (h) and (i) of subdivision 3 of section 311 of
the executive law, paragraph (f) as added by chapter 261 of the laws  of
1988,  paragraph  (h) as amended and paragraph (i) as added by section 1
of part BB of chapter 59 of the laws of 2006, are amended and three  new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available  to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS,  WAIVERS  AND  ALL  DOCUMENTS  SUBMITTED DURING THE LIFE OF THE
CONTRACT;
  (h) notwithstanding the provisions of section two  hundred  ninety-six
of  this  chapter,  to  file  a  complaint pursuant to the provisions of
section two hundred ninety-seven of this chapter where the director  has
knowledge  that  a  contractor may have violated the provisions of para-
graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
six  of  this  chapter  where  such  violation is unrelated, separate or
distinct from the state contract as expressed by its terms; [and]
  (i) to streamline the state certification process  to  accept  federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESS ENTERPRISES TO ENSURE SUCH ENTERPRISES ARE IN  COMPLIANCE
WITH APPLICABLE LAWS; AND
  (L)  TO  ENSURE  THE  PROTECTION  OF  INDIVIDUALS WHO REPORT SUSPECTED
VIOLATIONS OF THIS ARTICLE AND APPLICABLE LAWS RELATED TO  MINORITY  AND
WOMEN-OWNED BUSINESS ENTERPRISES.
  S  3.  Subdivision  1 of section 314 of the executive law, as added by
chapter 261 of the laws of 1988, is amended to read as follows:
  1. The director shall promulgate rules and regulations  providing  for
the  establishment  of a statewide certification program including rules
and regulations governing the approval, denial or revocation of any such
certification, INCLUDING REVOCATIONS FOR FELONY CONVICTIONS FOR  FRAUDU-
LENTLY  MISREPRESENTING  THE  STATUS OF MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISES.   Such rules and regulations  shall  include,  but  not  be
limited  to,  such  matters as may be required to ensure that the estab-
lished procedures thereunder shall at least be in  compliance  with  the
code  of  fair procedure set forth in section seventy-three of the civil
rights law, AND CONSISTENT WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW.
  S 4. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;

A. 5243--D                          3

  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY INVOLVING FRAUD RELATED TO
ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW  OR  OTHER  LAWS  APPLICABLE  TO
MINORITY  AND WOMEN-OWNED BUSINESS ENTERPRISES, THE COURT MAY DOUBLE THE
AMOUNT THAT SHOULD HAVE BEEN PAID TO THE MINORITY OR  WOMEN-OWNED  BUSI-
NESS ENTERPRISE FOR BONA FIDE WORK OR MATERIALS UNDER THE CONTRACT.
  S  5.  Section  316 of the executive law, as amended by chapter 175 of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement. 1. Upon receipt by the director of a complaint  by
a  contracting agency that a contractor has violated the provisions of a
state contract which have been included to comply with the provisions of
this article or of a contractor that a contracting agency  has  violated
such provisions or has failed or refused to issue a waiver where one has
been  applied  for  pursuant to subdivision six of section three hundred
thirteen of this article or has denied such  application,  the  director
shall  attempt  to  resolve the matter giving rise to such complaint. If
efforts to resolve such matter to the satisfaction of  all  parties  are
unsuccessful, the director shall refer the matter, within thirty days of
the  receipt  of the complaint, to the division's hearing officers. Upon
conclusion of the administrative  hearing,  the  hearing  officer  shall
submit  to  the  director  his  or  her  decision  regarding the alleged
violation of the contract and recommendations regarding  the  imposition
of  sanctions,  fines  or  penalties.  The  director, within ten days of
receipt of the decision, shall file a determination of such  matter  and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be  final  and  may  only  be vacated or modified as provided in article
seventy-eight of the civil practice law and rules  upon  an  application
made  within the time provided by such article. The determination of the
director as to the imposition of any fines, sanctions or penalties shall
be reviewable pursuant to article seventy-eight of  the  civil  practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor or the contractor's willful and intentional disregard of  the
minority  and  women-owned  participation  requirement  included  in the
contract may include a determination that the contractor shall be ineli-
gible to submit a bid to any contracting agency or be awarded  any  such
contract  for a period not to exceed one year following the final deter-
mination; provided however, if a contractor has previously  been  deter-
mined  to  be  ineligible  to submit a bid pursuant to this section, the
penalties imposed for any subsequent violation, if such violation occurs
within five years of the first violation, may  include  a  determination
that the contractor shall be ineligible to submit a bid to any contract-
ing  agency  or  be awarded any such contract for a period not to exceed
five years following the final determination. The division  of  minority
and  women's  business  development shall maintain a website listing all

A. 5243--D                          4

contractors that have been deemed ineligible to submit a bid pursuant to
this section and the date after which each contractor shall  once  again
become eligible to submit bids.
  2.  ANY  FINES,  OR PORTION THEREOF, IMPOSED PURSUANT TO THE FOREGOING
SUBDIVISION, OR IMPOSED BY A COURT OF COMPETENT JURISDICTION RELATED  TO
CONVICTIONS INVOLVING FRAUD RELATED TO THIS ARTICLE OR OTHERWISE INVOLV-
ING  A  MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISE, MAY BE REQUIRED BY
THE  ENTITY  IMPOSING  SUCH  FINES  TO  BE  PAID  TO  THE  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  FUND  ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 6. The state finance law is amended by adding a new section 97-j  to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL MONEYS TRANSFERRED OR PAID TO SUCH  FUND  PURSUANT  TO
LAW,  INCLUDING  PURSUANT TO SECTION THREE HUNDRED SIXTEEN OF THE EXECU-
TIVE LAW, AND CONTRIBUTIONS CONSISTING OF GRANTS,  INCLUDING  GRANTS  OR
OTHER  FINANCIAL ASSISTANCE FROM ANY AGENCY OF GOVERNMENT AND ALL MONEYS
REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW TO  BE  PAID
INTO OR CREDITED TO THIS FUND.
  3.  MONIES  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE EXPENDED TO ACQUIRE SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVES-
TIGATE AND PROSECUTE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE  FRAUD
AND  TO UNDERWRITE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAMS
TO ASSIST MINORITY AND  WOMEN  BUSINESS  ENTERPRISE  OWNERS  TO  DEVELOP
SUSTAINABLE BUSINESSES.
  S  7.  This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one, two, three, and five of this act shall not affect the expiration of
such article and shall be deemed to expire therewith.

Co-Sponsors

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Multi-Sponsors

A5243E - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243E - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--E

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK,  PEOPLES-STOKES,  BLAKE,  HUNTER,  HYNDMAN,   BARRON,   HOOPER,
  BICHOTTE  -- Multi-Sponsored by -- M. of A. LUPINACCI, ROBINSON, SIMON
  -- read once and referred to the Committee on Governmental  Operations
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee -- recommitted to the Committee on  Governmental  Oper-
  ations  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- reported and referred  to  the  Committee  on  Codes  --  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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-13-6

A. 5243--E                          2

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.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, WAIVERS AND ALL DOCUMENTS SUBMITTED  DURING  THE  LIFE  OF  THE
CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED  BUSINESS ENTERPRISES TO ENSURE SUCH ENTERPRISES ARE IN COMPLIANCE
WITH APPLICABLE LAWS; AND
  (L) TO ENSURE THE  PROTECTION  OF  INDIVIDUALS  WHO  REPORT  SUSPECTED
VIOLATIONS  OF  THIS ARTICLE AND APPLICABLE LAWS RELATED TO MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES.
  S 3. Subdivision 1 of section 314 of the executive law,  as  added  by
chapter 261 of the laws of 1988, is amended to read as follows:
  1.  The  director shall promulgate rules and regulations providing for
the establishment of a statewide certification program  including  rules
and regulations governing the approval, denial or revocation of any such
certification,  INCLUDING REVOCATIONS FOR FELONY CONVICTIONS FOR FRAUDU-
LENTLY MISREPRESENTING THE STATUS OF MINORITY  OR  WOMEN-OWNED  BUSINESS
ENTERPRISES.    Such  rules  and  regulations  shall include, but not be
limited to, such matters as may be required to ensure  that  the  estab-
lished  procedures  thereunder  shall at least be in compliance with the
code of fair procedure set forth in section seventy-three of  the  civil
rights law, AND CONSISTENT WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW.
  S  4.  Section  316 of the executive law, as amended by chapter 175 of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement. 1. Upon receipt by the director of a complaint  by
a  contracting agency that a contractor has violated the provisions of a
state contract which have been included to comply with the provisions of
this article or of a contractor that a contracting agency  has  violated

A. 5243--E                          3

such provisions or has failed or refused to issue a waiver where one has
been  applied  for  pursuant to subdivision six of section three hundred
thirteen of this article or has denied such  application,  the  director
shall  attempt  to  resolve the matter giving rise to such complaint. If
efforts to resolve such matter to the satisfaction of  all  parties  are
unsuccessful, the director shall refer the matter, within thirty days of
the  receipt  of the complaint, to the division's hearing officers. Upon
conclusion of the administrative  hearing,  the  hearing  officer  shall
submit  to  the  director  his  or  her  decision  regarding the alleged
violation of the contract and recommendations regarding  the  imposition
of  sanctions,  fines  or  penalties.  The  director, within ten days of
receipt of the decision, shall file a determination of such  matter  and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be  final  and  may  only  be vacated or modified as provided in article
seventy-eight of the civil practice law and rules  upon  an  application
made  within the time provided by such article. The determination of the
director as to the imposition of any fines, sanctions or penalties shall
be reviewable pursuant to article seventy-eight of  the  civil  practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor or the contractor's willful and intentional disregard of  the
minority  and  women-owned  participation  requirement  included  in the
contract may include a determination that the contractor shall be ineli-
gible to submit a bid to any contracting agency or be awarded  any  such
contract  for a period not to exceed one year following the final deter-
mination; provided however, if a contractor has previously  been  deter-
mined  to  be  ineligible  to submit a bid pursuant to this section, the
penalties imposed for any subsequent violation, if such violation occurs
within five years of the first violation, may  include  a  determination
that the contractor shall be ineligible to submit a bid to any contract-
ing  agency  or  be awarded any such contract for a period not to exceed
five years following the final determination. The division  of  minority
and  women's  business  development shall maintain a website listing all
contractors that have been deemed ineligible to submit a bid pursuant to
this section and the date after which each contractor shall  once  again
become eligible to submit bids.
  2.  ANY  FINES,  OR PORTION THEREOF, IMPOSED PURSUANT TO THE FOREGOING
SUBDIVISION, OR IMPOSED BY A COURT OF COMPETENT JURISDICTION RELATED  TO
CONVICTIONS INVOLVING FRAUD RELATED TO THIS ARTICLE OR OTHERWISE INVOLV-
ING  A  MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISE, MAY BE REQUIRED BY
THE  ENTITY  IMPOSING  SUCH  FINES  TO  BE  PAID  TO  THE  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  FUND  ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 5. The state finance law is amended by adding a new section 97-j  to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL MONEYS TRANSFERRED OR PAID TO SUCH  FUND  PURSUANT  TO
LAW,  INCLUDING  PURSUANT TO SECTION THREE HUNDRED SIXTEEN OF THE EXECU-
TIVE LAW, AND CONTRIBUTIONS CONSISTING OF GRANTS,  INCLUDING  GRANTS  OR
OTHER  FINANCIAL ASSISTANCE FROM ANY AGENCY OF GOVERNMENT AND ALL MONEYS

A. 5243--E                          4

REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW TO  BE  PAID
INTO OR CREDITED TO THIS FUND.
  3.  MONIES  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE EXPENDED TO ACQUIRE SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVES-
TIGATE AND PROSECUTE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE  FRAUD
AND  TO UNDERWRITE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAMS
TO ASSIST MINORITY AND  WOMEN  BUSINESS  ENTERPRISE  OWNERS  TO  DEVELOP
SUSTAINABLE BUSINESSES.
  S  6.  This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one, two, three, and four of this act shall not affect the expiration of
such article and shall be deemed to expire therewith.

assembly Bill A5243A

2015-2016 Legislative Session

Relates to minority and women-owned business enterprises

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


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

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.225
rules report cal.225
reported
Jun 07, 2016 reported referred to rules
Jun 06, 2016 reported referred to ways and means
May 31, 2016 print number 5243e
amend (t) and recommit to codes
May 23, 2016 reported referred to codes
May 20, 2016 print number 5243d
amend (t) and recommit to governmental operations
Feb 08, 2016 print number 5243c
amend and recommit to governmental operations
Jan 06, 2016 referred to governmental operations
May 07, 2015 print number 5243b
amend and recommit to governmental operations
Apr 01, 2015 print number 5243a
amend and recommit to governmental operations
Feb 13, 2015 referred to governmental operations

Bill Amendments

A5243
A5243A
A5243B
A5243C
A5243D
A5243E
A5243
A5243A
A5243B
A5243C
A5243D
A5243E

A5243 - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243 - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5243

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, be divided into categories of labor, services, supplies, equipment,
materials and recognized construction trades and  which  shall  indicate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-03-5

A. 5243                             2

areas  or locations of the state where such enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS , WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE  OF
A WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESS'S FOR EVIDENCE OF FRAUD; AND
  (L) TO ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT  WRONGDOING  ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws  of  1992,  subdivision  1 as amended by chapter 357 of the laws of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [second]  FIFTH
degree  when  he  engages  in a scheme constituting a systematic ongoing
course of conduct with intent to defraud more  than  one  person  or  to
obtain  property  from  more  than  one  person  by  false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2. In any prosecution under this section, it  shall  be  necessary  to
prove  the  identity  of  at least one person from whom the defendant so
obtained property, but it shall not be necessary to prove  the  identity
of any other intended victim.
  Scheme  to defraud in the [second] FIFTH degree is a class A misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [first]  FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing  course of conduct with intent to defraud ten or more persons or
to obtain property from ten or  more  persons  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or  more  of  such  persons;  or  (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to  defraud  more  than
one  person  or to obtain property from more than one person by false or
fraudulent pretenses, representations or promises, and so obtains  prop-
erty  with  a  value  in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing course of conduct with intent to defraud more than one person,  more
than  one  of whom is a vulnerable elderly person as defined in subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty from more than one person, more than one of whom  is  a  vulnerable
elderly  person  as  defined  in  subdivision  three of section [260.30]
260.31 of this chapter, by false or  fraudulent  pretenses,  representa-

A. 5243                             3

tions  or  promises,  and  so  obtains  property  from  one or more such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS

A. 5243                             4

PROPERTY  WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED  IN  PAYMENT  OF  A  FINE  IMPOSED
PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION ONE OF THIS SECTION ARE THE
PROPERTY OF THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT  ALL  SUCH
FINES TO THE MINORITY AND WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT
TO SECTION NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S  8. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 9. This act shall take effect immediately, provided,  however,  that
the amendments to article 15-A of the executive law made by sections one
and  two of this act shall not affect the expiration of such article and
shall be deemed to expire therewith.

A5243A - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243A - Bill Texts

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Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-06-5

A. 5243--A                          2

ble, 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 enterprises are available to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L)  TO  ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT WRONGDOING ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws of 1992, subdivision 1 as amended by chapter 357  of  the  laws  of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [second] FIFTH
degree when he engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to defraud more than one person or to
obtain property from  more  than  one  person  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim.
  Scheme to defraud in the [second] FIFTH degree is a class A  misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [first] FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing course of conduct with intent to defraud ten or more persons  or
to  obtain  property  from  ten  or  more persons by false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons; or (b)  engages  in  a  scheme  constituting  a
systematic  ongoing  course  of conduct with intent to defraud more than
one person or to obtain property from more than one person by  false  or
fraudulent  pretenses, representations or promises, and so obtains prop-
erty with a value in excess of one thousand dollars  from  one  or  more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing  course of conduct with intent to defraud more than one person, more
than one of whom is a vulnerable elderly person as defined  in  subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty  from  more  than one person, more than one of whom is a vulnerable

A. 5243--A                          3

elderly person as defined  in  subdivision  three  of  section  [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE

A. 5243--A                          4

THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE IMPOSED ON  A
DEFENDANT  CONVICTED OF A CRIME IN WHICH A MINORITY OR WOMEN-OWNED BUSI-
NESS DID NOT PROVIDE BONA FIDE SERVICES OR MATERIALS ARE THE PROPERTY OF
THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO  THE
MINORITY  AND  WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 8. Section 80.10 of the penal  law,  subdivision  1  as  amended  by
section  28 of subpart A of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1. In general. A sentence to pay a fine, when  imposed  on  a  [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine  is  specified,  shall be a sentence to pay an amount, fixed by the
court, not exceeding:
  (a) [Ten] ONE HUNDRED thousand dollars, when the conviction  is  of  a
felony;
  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;

A. 5243--A                          5

  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of  the  offense
or,  if  the  [corporation]  NON-NATURAL  PERSON is convicted of a crime
defined in article four hundred ninety-six of this chapter,  any  higher
amount  not exceeding three times the amount of the [corporation's] NON-
NATURAL PERSON'S gain from the commission of such offense.
  2. Exception. In the case of an offense defined outside this  chapter,
if  a special fine [for a corporation] is expressly specified in the law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b) Any higher amount not exceeding double the amount of  the  [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3.  Determination  of amount or value. When the court imposes the fine
authorized by paragraph (e) of  subdivision  one  or  paragraph  (b)  of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S  9. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 10. This act shall take effect immediately, provided, however,  that
the amendments to article 15-A of the executive law made by sections one
and  two of this act shall not affect the expiration of such article and
shall be deemed to expire therewith.

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A5243B - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243B - Bill Texts

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Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the executive law, the penal law and the state finance
  law,  in  relation  to  minority  and  women-owned   businesses   post
  completion  certification, duties of the director, the crime of scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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 THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE  MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S  2.  Paragraphs  (f), (h) and (i) of subdivision 3 of section 311 of
the executive law, paragraph (f) as added by chapter 261 of the laws  of
1988,  paragraph  (h) as amended and paragraph (i) as added by section 1
of part BB of chapter 59 of the laws of 2006, are amended and three  new
paragraphs (j), (k) and (l) are added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-07-5

A. 5243--B                          2

  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h) notwithstanding the provisions of section two  hundred  ninety-six
of  this  chapter,  to  file  a  complaint pursuant to the provisions of
section two hundred ninety-seven of this chapter where the director  has
knowledge  that  a  contractor may have violated the provisions of para-
graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
six  of  this  chapter  where  such  violation is unrelated, separate or
distinct from the state contract as expressed by its terms; [and]
  (i) to streamline the state certification process  to  accept  federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L) TO ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT  WRONGDOING  ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws  of  1992,  subdivision  1 as amended by chapter 357 of the laws of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [second]  FIFTH
degree  when  he  engages  in a scheme constituting a systematic ongoing
course of conduct with intent to defraud more  than  one  person  or  to
obtain  property  from  more  than  one  person  by  false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2. In any prosecution under this section, it  shall  be  necessary  to
prove  the  identity  of  at least one person from whom the defendant so
obtained property, but it shall not be necessary to prove  the  identity
of any other intended victim.
  Scheme  to defraud in the [second] FIFTH degree is a class A misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [first]  FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing  course of conduct with intent to defraud ten or more persons or
to obtain property from ten or  more  persons  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or  more  of  such  persons;  or  (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to  defraud  more  than
one  person  or to obtain property from more than one person by false or
fraudulent pretenses, representations or promises, and so obtains  prop-
erty  with  a  value  in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing course of conduct with intent to defraud more than one person,  more
than  one  of whom is a vulnerable elderly person as defined in subdivi-

A. 5243--B                          3

sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty from more than one person, more than one of whom  is  a  vulnerable
elderly  person  as  defined  in  subdivision  three of section [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY

A. 5243--B                          4

FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR  MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraphs a and c of subdivision 1 of section 80.00 of the penal
law, as amended by section 27 of subpart A of part H of  chapter  55  of
the  laws of 2014, are amended and a new paragraph d is added to read as
follows:
  a. [five] FIFTY thousand dollars; or
  c. if the conviction is for any felony defined in article two  hundred
twenty  or  two  hundred  twenty-one  of  this chapter, according to the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When imposing a fine pursuant to the provisions of this  paragraph,  the
court  shall  consider the profit gained by defendant's conduct, whether
the amount of the fine is  disproportionate  to  the  conduct  in  which
defendant  engaged,  its impact on any victims, and defendant's economic
circumstances, including the defendant's ability to pay, the  effect  of
the  fine  upon his or her immediate family or any other persons to whom
the defendant owes an obligation of support[.]; OR
  D. IF THE CONVICTION IS FOR ANY  FELONY  DEFINED  IN  SECTION  190.65,
190.66,  190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY OR
WOMEN-OWNED BUSINESS, DOUBLE THE AMOUNT THAT SHOULD HAVE  BEEN  PAID  TO
THE  MINORITY  OR  WOMEN-OWNED  BUSINESS FOR BONA FIDE WORK OR MATERIALS
UNDER THE CONTRACT.
  S 7. Section 80.00 of the penal law is amended by adding a new  subdi-
vision 8 to read as follows:
  8.  ALL  MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE IMPOSED OUT
OF THE MISUSE OF A MINORITY OR WOMEN-OWNED BUSINESS ARE THE PROPERTY  OF
THE  STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO THE
MINORITY AND WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT  TO  SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S  8.  Subdivision  4 of section 80.00 of the penal law, as amended by
chapter 338 of the laws of 1989, is amended to read as follows:
  4. Exception. The provisions of this section  shall  not  apply  to  a
[corporation] NON-NATURAL PERSON.
  S  9.  Section  80.10  of  the  penal law, subdivision 1 as amended by
section 28 of subpart A of part H of chapter 55 of the laws of 2014,  is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1.  In  general.  A  sentence to pay a fine, when imposed on a [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine is specified, shall be a sentence to pay an amount,  fixed  by  the
court, not exceeding:

A. 5243--B                          5

  (a)  [Ten]  ONE  HUNDRED thousand dollars, when the conviction is of a
felony;
  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;
  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of  the  offense
or,  if  the  [corporation]  NON-NATURAL  PERSON is convicted of a crime
defined in article four hundred ninety-six of this chapter,  any  higher
amount  not exceeding three times the amount of the [corporation's] NON-
NATURAL PERSON'S gain from the commission of such offense.
  2. Exception. In the case of an offense defined outside this  chapter,
if  a special fine [for a corporation] is expressly specified in the law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b) Any higher amount not exceeding double the amount of  the  [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3.  Determination  of amount or value. When the court imposes the fine
authorized by paragraph (e) of  subdivision  one  or  paragraph  (b)  of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S 10. The state finance law is amended by adding a new section 97-j to
read as follows:
  S  97-J.  MINORITY  AND  WOMEN-OWNED BUSINESS FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL FINES RECEIVED FROM  ANY  COURT  OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3.  MONIES  OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED TO ACQUIRE
SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE  MINORITY
AND   WOMEN-OWNED   BUSINESS   FRAUD  AND  TO  UNDERWRITE  MINORITY  AND
WOMEN-OWNED BUSINESS PROGRAMS TO  ASSIST  MINORITY  AND  WOMEN  BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S  11. This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive law made by sections one
and two of this act shall not affect the expiration of such article  and
shall be deemed to expire therewith.

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Multi-Sponsors

A5243C - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243C - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK, PEOPLES-STOKES -- read once and referred to  the  Committee  on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Governmental Operations in accordance with Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-08-6

A. 5243--C                          2

1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available  to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L)  TO  ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT WRONGDOING ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws of 1992, subdivision 1 as amended by chapter 357  of  the  laws  of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [second] FIFTH
degree when he engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to defraud more than one person or to
obtain property from  more  than  one  person  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim.
  Scheme to defraud in the [second] FIFTH degree is a class A  misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [first] FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing course of conduct with intent to defraud ten or more persons  or
to  obtain  property  from  ten  or  more persons by false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons; or (b)  engages  in  a  scheme  constituting  a
systematic  ongoing  course  of conduct with intent to defraud more than
one person or to obtain property from more than one person by  false  or
fraudulent  pretenses, representations or promises, and so obtains prop-
erty with a value in excess of one thousand dollars  from  one  or  more

A. 5243--C                          3

such persons; or (c) engages in a scheme constituting a systematic ongo-
ing  course of conduct with intent to defraud more than one person, more
than one of whom is a vulnerable elderly person as defined  in  subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty  from  more  than one person, more than one of whom is a vulnerable
elderly person as defined  in  subdivision  three  of  section  [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law  is amended by adding four new sections 190.66,
190.67, 190.68 and 190.69 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING

A. 5243--C                          4

COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR  MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
S 190.69 THREE CONVICTIONS FOR SCHEME TO DEFRAUD BY AN OSTENSIBLE MINOR-
           ITY OR WOMEN-OWNED BUSINESS.
  UPON THREE CONVICTIONS FOR ANY  OFFENSE  DEFINED  IN  SECTION  190.60,
190.65,  190.66,  190.67,  OR 190.68 INVOLVING A MINORITY OR WOMEN-OWNED
BUSINESS, AN INDIVIDUAL SHALL BE BARRED FROM  DOING  BUSINESS  WITH  THE
STATE.
  S 6. Paragraphs a and c of subdivision 1 of section 80.00 of the penal
law,  as  amended  by section 27 of subpart A of part H of chapter 55 of
the laws of 2014, are amended and a new paragraph d is added to read  as
follows:
  a. [five] FIFTY thousand dollars; or
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE  IMPOSED  OUT
OF  THE MISUSE OF A MINORITY OR WOMEN-OWNED BUSINESS ARE THE PROPERTY OF
THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO  THE
MINORITY  AND  WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 8. Subdivision 4 of section 80.00 of the penal law,  as  amended  by
chapter 338 of the laws of 1989, is amended to read as follows:
  4.  Exception.  The  provisions  of  this section shall not apply to a
[corporation] NON-NATURAL PERSON.

A. 5243--C                          5

  S 9. Section 80.10 of the penal  law,  subdivision  1  as  amended  by
section  28 of subpart A of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1.  In  general.  A  sentence to pay a fine, when imposed on a [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine is specified, shall be a sentence to pay an amount,  fixed  by  the
court, not exceeding:
  (a)  [Ten]  ONE  HUNDRED thousand dollars, when the conviction is of a
felony;
  (b) Five thousand dollars, when the conviction is of a class A  misde-
meanor  or  of an unclassified misdemeanor for which a term of imprison-
ment in excess of three months is authorized;
  (c) Two thousand dollars, when the conviction is of a class  B  misde-
meanor  or  of an unclassified misdemeanor for which the authorized term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e) Any higher amount not exceeding double the amount of  the  [corpo-
ration's]  NON-NATURAL  PERSON'S gain from the commission of the offense
or, if the [corporation] NON-NATURAL PERSON  is  convicted  of  a  crime
defined  in  article four hundred ninety-six of this chapter, any higher
amount not exceeding three times the amount of the [corporation's]  NON-
NATURAL PERSON'S gain from the commission of such offense.
  2.  Exception. In the case of an offense defined outside this chapter,
if a special fine [for a corporation] is expressly specified in the  law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3. Determination of amount or value. When the court imposes  the  fine
authorized  by  paragraph  (e)  of  subdivision  one or paragraph (b) of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S 10. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 11. Section 316 of the executive law, as amended by chapter  175  of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement.  1. Upon receipt by the director of a complaint by
a contracting agency that a contractor has violated the provisions of  a
state contract which have been included to comply with the provisions of

A. 5243--C                          6

this  article  or of a contractor that a contracting agency has violated
such provisions or has failed or refused to issue a waiver where one has
been applied for pursuant to subdivision six of  section  three  hundred
thirteen  of  this  article or has denied such application, the director
shall attempt to resolve the matter giving rise to  such  complaint.  If
efforts  to  resolve  such matter to the satisfaction of all parties are
unsuccessful, the director shall refer the matter, within thirty days of
the receipt of the complaint, to the division's hearing  officers.  Upon
conclusion  of  the  administrative  hearing,  the hearing officer shall
submit to the  director  his  or  her  decision  regarding  the  alleged
violation  of  the contract and recommendations regarding the imposition
of sanctions, fines or penalties.  The  director,  within  ten  days  of
receipt  of  the decision, shall file a determination of such matter and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be final and may only be vacated or  modified  as  provided  in  article
seventy-eight  of  the  civil practice law and rules upon an application
made within the time provided by such article. The determination of  the
director as to the imposition of any fines, sanctions or penalties shall
be  reviewable  pursuant  to article seventy-eight of the civil practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor  or the contractor's willful and intentional disregard of the
minority and  women-owned  participation  requirement  included  in  the
contract may include a determination that the contractor shall be ineli-
gible  to  submit a bid to any contracting agency or be awarded any such
contract for a period not to exceed one year following the final  deter-
mination;  provided  however, if a contractor has previously been deter-
mined to be ineligible to submit a bid pursuant  to  this  section,  the
penalties imposed for any subsequent violation, if such violation occurs
within  five  years  of the first violation, may include a determination
that the contractor shall be ineligible to submit a bid to any contract-
ing agency or be awarded any such contract for a period  not  to  exceed
five  years  following the final determination. The division of minority
and women's business development shall maintain a  website  listing  all
contractors that have been deemed ineligible to submit a bid pursuant to
this  section  and the date after which each contractor shall once again
become eligible to submit bids.
  2. THE COMPTROLLER SHALL, FROM TIME TO TIME  BUT  AT  LEAST  ANNUALLY,
CONDUCT AN AUDIT OF EVERY MINORITY AND WOMEN-OWNED BUSINESSES.
  S  12. This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one,  two and eleven of this act shall not affect the expiration of such
article and shall be deemed to expire therewith.

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A5243D - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243D - Bill Texts

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Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK, PEOPLES-STOKES,  BLAKE,  HUNTER,  HYNDMAN,  BARRON,  HOOPER  --
  Multi-Sponsored  by  --  M.  of  A.  ROBINSON,  SIMON -- read once and
  referred to the Committee  on  Governmental  Operations  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  recommitted to the Committee on Governmental Operations in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the executive law, the penal 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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-10-6

A. 5243--D                          2

  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.
  S  2.  Paragraphs  (f), (h) and (i) of subdivision 3 of section 311 of
the executive law, paragraph (f) as added by chapter 261 of the laws  of
1988,  paragraph  (h) as amended and paragraph (i) as added by section 1
of part BB of chapter 59 of the laws of 2006, are amended and three  new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available  to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS,  WAIVERS  AND  ALL  DOCUMENTS  SUBMITTED DURING THE LIFE OF THE
CONTRACT;
  (h) notwithstanding the provisions of section two  hundred  ninety-six
of  this  chapter,  to  file  a  complaint pursuant to the provisions of
section two hundred ninety-seven of this chapter where the director  has
knowledge  that  a  contractor may have violated the provisions of para-
graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
six  of  this  chapter  where  such  violation is unrelated, separate or
distinct from the state contract as expressed by its terms; [and]
  (i) to streamline the state certification process  to  accept  federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESS ENTERPRISES TO ENSURE SUCH ENTERPRISES ARE IN  COMPLIANCE
WITH APPLICABLE LAWS; AND
  (L)  TO  ENSURE  THE  PROTECTION  OF  INDIVIDUALS WHO REPORT SUSPECTED
VIOLATIONS OF THIS ARTICLE AND APPLICABLE LAWS RELATED TO  MINORITY  AND
WOMEN-OWNED BUSINESS ENTERPRISES.
  S  3.  Subdivision  1 of section 314 of the executive law, as added by
chapter 261 of the laws of 1988, is amended to read as follows:
  1. The director shall promulgate rules and regulations  providing  for
the  establishment  of a statewide certification program including rules
and regulations governing the approval, denial or revocation of any such
certification, INCLUDING REVOCATIONS FOR FELONY CONVICTIONS FOR  FRAUDU-
LENTLY  MISREPRESENTING  THE  STATUS OF MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISES.   Such rules and regulations  shall  include,  but  not  be
limited  to,  such  matters as may be required to ensure that the estab-
lished procedures thereunder shall at least be in  compliance  with  the
code  of  fair procedure set forth in section seventy-three of the civil
rights law, AND CONSISTENT WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW.
  S 4. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;

A. 5243--D                          3

  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY INVOLVING FRAUD RELATED TO
ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW  OR  OTHER  LAWS  APPLICABLE  TO
MINORITY  AND WOMEN-OWNED BUSINESS ENTERPRISES, THE COURT MAY DOUBLE THE
AMOUNT THAT SHOULD HAVE BEEN PAID TO THE MINORITY OR  WOMEN-OWNED  BUSI-
NESS ENTERPRISE FOR BONA FIDE WORK OR MATERIALS UNDER THE CONTRACT.
  S  5.  Section  316 of the executive law, as amended by chapter 175 of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement. 1. Upon receipt by the director of a complaint  by
a  contracting agency that a contractor has violated the provisions of a
state contract which have been included to comply with the provisions of
this article or of a contractor that a contracting agency  has  violated
such provisions or has failed or refused to issue a waiver where one has
been  applied  for  pursuant to subdivision six of section three hundred
thirteen of this article or has denied such  application,  the  director
shall  attempt  to  resolve the matter giving rise to such complaint. If
efforts to resolve such matter to the satisfaction of  all  parties  are
unsuccessful, the director shall refer the matter, within thirty days of
the  receipt  of the complaint, to the division's hearing officers. Upon
conclusion of the administrative  hearing,  the  hearing  officer  shall
submit  to  the  director  his  or  her  decision  regarding the alleged
violation of the contract and recommendations regarding  the  imposition
of  sanctions,  fines  or  penalties.  The  director, within ten days of
receipt of the decision, shall file a determination of such  matter  and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be  final  and  may  only  be vacated or modified as provided in article
seventy-eight of the civil practice law and rules  upon  an  application
made  within the time provided by such article. The determination of the
director as to the imposition of any fines, sanctions or penalties shall
be reviewable pursuant to article seventy-eight of  the  civil  practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor or the contractor's willful and intentional disregard of  the
minority  and  women-owned  participation  requirement  included  in the
contract may include a determination that the contractor shall be ineli-
gible to submit a bid to any contracting agency or be awarded  any  such
contract  for a period not to exceed one year following the final deter-
mination; provided however, if a contractor has previously  been  deter-
mined  to  be  ineligible  to submit a bid pursuant to this section, the
penalties imposed for any subsequent violation, if such violation occurs
within five years of the first violation, may  include  a  determination
that the contractor shall be ineligible to submit a bid to any contract-
ing  agency  or  be awarded any such contract for a period not to exceed
five years following the final determination. The division  of  minority
and  women's  business  development shall maintain a website listing all

A. 5243--D                          4

contractors that have been deemed ineligible to submit a bid pursuant to
this section and the date after which each contractor shall  once  again
become eligible to submit bids.
  2.  ANY  FINES,  OR PORTION THEREOF, IMPOSED PURSUANT TO THE FOREGOING
SUBDIVISION, OR IMPOSED BY A COURT OF COMPETENT JURISDICTION RELATED  TO
CONVICTIONS INVOLVING FRAUD RELATED TO THIS ARTICLE OR OTHERWISE INVOLV-
ING  A  MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISE, MAY BE REQUIRED BY
THE  ENTITY  IMPOSING  SUCH  FINES  TO  BE  PAID  TO  THE  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  FUND  ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 6. The state finance law is amended by adding a new section 97-j  to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL MONEYS TRANSFERRED OR PAID TO SUCH  FUND  PURSUANT  TO
LAW,  INCLUDING  PURSUANT TO SECTION THREE HUNDRED SIXTEEN OF THE EXECU-
TIVE LAW, AND CONTRIBUTIONS CONSISTING OF GRANTS,  INCLUDING  GRANTS  OR
OTHER  FINANCIAL ASSISTANCE FROM ANY AGENCY OF GOVERNMENT AND ALL MONEYS
REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW TO  BE  PAID
INTO OR CREDITED TO THIS FUND.
  3.  MONIES  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE EXPENDED TO ACQUIRE SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVES-
TIGATE AND PROSECUTE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE  FRAUD
AND  TO UNDERWRITE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAMS
TO ASSIST MINORITY AND  WOMEN  BUSINESS  ENTERPRISE  OWNERS  TO  DEVELOP
SUSTAINABLE BUSINESSES.
  S  7.  This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one, two, three, and five of this act shall not affect the expiration of
such article and shall be deemed to expire therewith.

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A5243E - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65, 80.00 & 80.10, add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243E - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--E

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK,  PEOPLES-STOKES,  BLAKE,  HUNTER,  HYNDMAN,   BARRON,   HOOPER,
  BICHOTTE  -- Multi-Sponsored by -- M. of A. LUPINACCI, ROBINSON, SIMON
  -- read once and referred to the Committee on Governmental  Operations
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee -- recommitted to the Committee on  Governmental  Oper-
  ations  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- reported and referred  to  the  Committee  on  Codes  --  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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-13-6

A. 5243--E                          2

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.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, WAIVERS AND ALL DOCUMENTS SUBMITTED  DURING  THE  LIFE  OF  THE
CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED  BUSINESS ENTERPRISES TO ENSURE SUCH ENTERPRISES ARE IN COMPLIANCE
WITH APPLICABLE LAWS; AND
  (L) TO ENSURE THE  PROTECTION  OF  INDIVIDUALS  WHO  REPORT  SUSPECTED
VIOLATIONS  OF  THIS ARTICLE AND APPLICABLE LAWS RELATED TO MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES.
  S 3. Subdivision 1 of section 314 of the executive law,  as  added  by
chapter 261 of the laws of 1988, is amended to read as follows:
  1.  The  director shall promulgate rules and regulations providing for
the establishment of a statewide certification program  including  rules
and regulations governing the approval, denial or revocation of any such
certification,  INCLUDING REVOCATIONS FOR FELONY CONVICTIONS FOR FRAUDU-
LENTLY MISREPRESENTING THE STATUS OF MINORITY  OR  WOMEN-OWNED  BUSINESS
ENTERPRISES.    Such  rules  and  regulations  shall include, but not be
limited to, such matters as may be required to ensure  that  the  estab-
lished  procedures  thereunder  shall at least be in compliance with the
code of fair procedure set forth in section seventy-three of  the  civil
rights law, AND CONSISTENT WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW.
  S  4.  Section  316 of the executive law, as amended by chapter 175 of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement. 1. Upon receipt by the director of a complaint  by
a  contracting agency that a contractor has violated the provisions of a
state contract which have been included to comply with the provisions of
this article or of a contractor that a contracting agency  has  violated

A. 5243--E                          3

such provisions or has failed or refused to issue a waiver where one has
been  applied  for  pursuant to subdivision six of section three hundred
thirteen of this article or has denied such  application,  the  director
shall  attempt  to  resolve the matter giving rise to such complaint. If
efforts to resolve such matter to the satisfaction of  all  parties  are
unsuccessful, the director shall refer the matter, within thirty days of
the  receipt  of the complaint, to the division's hearing officers. Upon
conclusion of the administrative  hearing,  the  hearing  officer  shall
submit  to  the  director  his  or  her  decision  regarding the alleged
violation of the contract and recommendations regarding  the  imposition
of  sanctions,  fines  or  penalties.  The  director, within ten days of
receipt of the decision, shall file a determination of such  matter  and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be  final  and  may  only  be vacated or modified as provided in article
seventy-eight of the civil practice law and rules  upon  an  application
made  within the time provided by such article. The determination of the
director as to the imposition of any fines, sanctions or penalties shall
be reviewable pursuant to article seventy-eight of  the  civil  practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor or the contractor's willful and intentional disregard of  the
minority  and  women-owned  participation  requirement  included  in the
contract may include a determination that the contractor shall be ineli-
gible to submit a bid to any contracting agency or be awarded  any  such
contract  for a period not to exceed one year following the final deter-
mination; provided however, if a contractor has previously  been  deter-
mined  to  be  ineligible  to submit a bid pursuant to this section, the
penalties imposed for any subsequent violation, if such violation occurs
within five years of the first violation, may  include  a  determination
that the contractor shall be ineligible to submit a bid to any contract-
ing  agency  or  be awarded any such contract for a period not to exceed
five years following the final determination. The division  of  minority
and  women's  business  development shall maintain a website listing all
contractors that have been deemed ineligible to submit a bid pursuant to
this section and the date after which each contractor shall  once  again
become eligible to submit bids.
  2.  ANY  FINES,  OR PORTION THEREOF, IMPOSED PURSUANT TO THE FOREGOING
SUBDIVISION, OR IMPOSED BY A COURT OF COMPETENT JURISDICTION RELATED  TO
CONVICTIONS INVOLVING FRAUD RELATED TO THIS ARTICLE OR OTHERWISE INVOLV-
ING  A  MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISE, MAY BE REQUIRED BY
THE  ENTITY  IMPOSING  SUCH  FINES  TO  BE  PAID  TO  THE  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  FUND  ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 5. The state finance law is amended by adding a new section 97-j  to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL MONEYS TRANSFERRED OR PAID TO SUCH  FUND  PURSUANT  TO
LAW,  INCLUDING  PURSUANT TO SECTION THREE HUNDRED SIXTEEN OF THE EXECU-
TIVE LAW, AND CONTRIBUTIONS CONSISTING OF GRANTS,  INCLUDING  GRANTS  OR
OTHER  FINANCIAL ASSISTANCE FROM ANY AGENCY OF GOVERNMENT AND ALL MONEYS

A. 5243--E                          4

REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW TO  BE  PAID
INTO OR CREDITED TO THIS FUND.
  3.  MONIES  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE EXPENDED TO ACQUIRE SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVES-
TIGATE AND PROSECUTE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE  FRAUD
AND  TO UNDERWRITE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAMS
TO ASSIST MINORITY AND  WOMEN  BUSINESS  ENTERPRISE  OWNERS  TO  DEVELOP
SUSTAINABLE BUSINESSES.
  S  6.  This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one, two, three, and four of this act shall not affect the expiration of
such article and shall be deemed to expire therewith.

assembly Bill A5243

2015-2016 Legislative Session

Relates to minority and women-owned business enterprises

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


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

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.225
rules report cal.225
reported
Jun 07, 2016 reported referred to rules
Jun 06, 2016 reported referred to ways and means
May 31, 2016 print number 5243e
amend (t) and recommit to codes
May 23, 2016 reported referred to codes
May 20, 2016 print number 5243d
amend (t) and recommit to governmental operations
Feb 08, 2016 print number 5243c
amend and recommit to governmental operations
Jan 06, 2016 referred to governmental operations
May 07, 2015 print number 5243b
amend and recommit to governmental operations
Apr 01, 2015 print number 5243a
amend and recommit to governmental operations
Feb 13, 2015 referred to governmental operations

Bill Amendments

A5243
A5243A
A5243B
A5243C
A5243D
A5243E
A5243
A5243A
A5243B
A5243C
A5243D
A5243E

A5243 - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65 & 80.00 & 80.10 , add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243 - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5243

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, be divided into categories of labor, services, supplies, equipment,
materials and recognized construction trades and  which  shall  indicate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-03-5

A. 5243                             2

areas  or locations of the state where such enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS , WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE  OF
A WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESS'S FOR EVIDENCE OF FRAUD; AND
  (L) TO ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT  WRONGDOING  ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws  of  1992,  subdivision  1 as amended by chapter 357 of the laws of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [second]  FIFTH
degree  when  he  engages  in a scheme constituting a systematic ongoing
course of conduct with intent to defraud more  than  one  person  or  to
obtain  property  from  more  than  one  person  by  false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2. In any prosecution under this section, it  shall  be  necessary  to
prove  the  identity  of  at least one person from whom the defendant so
obtained property, but it shall not be necessary to prove  the  identity
of any other intended victim.
  Scheme  to defraud in the [second] FIFTH degree is a class A misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [first]  FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing  course of conduct with intent to defraud ten or more persons or
to obtain property from ten or  more  persons  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or  more  of  such  persons;  or  (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to  defraud  more  than
one  person  or to obtain property from more than one person by false or
fraudulent pretenses, representations or promises, and so obtains  prop-
erty  with  a  value  in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing course of conduct with intent to defraud more than one person,  more
than  one  of whom is a vulnerable elderly person as defined in subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty from more than one person, more than one of whom  is  a  vulnerable
elderly  person  as  defined  in  subdivision  three of section [260.30]
260.31 of this chapter, by false or  fraudulent  pretenses,  representa-

A. 5243                             3

tions  or  promises,  and  so  obtains  property  from  one or more such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS

A. 5243                             4

PROPERTY  WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED  IN  PAYMENT  OF  A  FINE  IMPOSED
PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION ONE OF THIS SECTION ARE THE
PROPERTY OF THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT  ALL  SUCH
FINES TO THE MINORITY AND WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT
TO SECTION NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S  8. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 9. This act shall take effect immediately, provided,  however,  that
the amendments to article 15-A of the executive law made by sections one
and  two of this act shall not affect the expiration of such article and
shall be deemed to expire therewith.

A5243A - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65 & 80.00 & 80.10 , add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243A - Bill Texts

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Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-06-5

A. 5243--A                          2

ble, 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 enterprises are available to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L)  TO  ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT WRONGDOING ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws of 1992, subdivision 1 as amended by chapter 357  of  the  laws  of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [second] FIFTH
degree when he engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to defraud more than one person or to
obtain property from  more  than  one  person  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim.
  Scheme to defraud in the [second] FIFTH degree is a class A  misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [first] FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing course of conduct with intent to defraud ten or more persons  or
to  obtain  property  from  ten  or  more persons by false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons; or (b)  engages  in  a  scheme  constituting  a
systematic  ongoing  course  of conduct with intent to defraud more than
one person or to obtain property from more than one person by  false  or
fraudulent  pretenses, representations or promises, and so obtains prop-
erty with a value in excess of one thousand dollars  from  one  or  more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing  course of conduct with intent to defraud more than one person, more
than one of whom is a vulnerable elderly person as defined  in  subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty  from  more  than one person, more than one of whom is a vulnerable

A. 5243--A                          3

elderly person as defined  in  subdivision  three  of  section  [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE

A. 5243--A                          4

THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE IMPOSED ON  A
DEFENDANT  CONVICTED OF A CRIME IN WHICH A MINORITY OR WOMEN-OWNED BUSI-
NESS DID NOT PROVIDE BONA FIDE SERVICES OR MATERIALS ARE THE PROPERTY OF
THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO  THE
MINORITY  AND  WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 8. Section 80.10 of the penal  law,  subdivision  1  as  amended  by
section  28 of subpart A of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1. In general. A sentence to pay a fine, when  imposed  on  a  [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine  is  specified,  shall be a sentence to pay an amount, fixed by the
court, not exceeding:
  (a) [Ten] ONE HUNDRED thousand dollars, when the conviction  is  of  a
felony;
  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;

A. 5243--A                          5

  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of  the  offense
or,  if  the  [corporation]  NON-NATURAL  PERSON is convicted of a crime
defined in article four hundred ninety-six of this chapter,  any  higher
amount  not exceeding three times the amount of the [corporation's] NON-
NATURAL PERSON'S gain from the commission of such offense.
  2. Exception. In the case of an offense defined outside this  chapter,
if  a special fine [for a corporation] is expressly specified in the law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b) Any higher amount not exceeding double the amount of  the  [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3.  Determination  of amount or value. When the court imposes the fine
authorized by paragraph (e) of  subdivision  one  or  paragraph  (b)  of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S  9. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 10. This act shall take effect immediately, provided, however,  that
the amendments to article 15-A of the executive law made by sections one
and  two of this act shall not affect the expiration of such article and
shall be deemed to expire therewith.

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A5243B - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65 & 80.00 & 80.10 , add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243B - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the executive law, the penal law and the state finance
  law,  in  relation  to  minority  and  women-owned   businesses   post
  completion  certification, duties of the director, the crime of scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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 THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE  MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S  2.  Paragraphs  (f), (h) and (i) of subdivision 3 of section 311 of
the executive law, paragraph (f) as added by chapter 261 of the laws  of
1988,  paragraph  (h) as amended and paragraph (i) as added by section 1
of part BB of chapter 59 of the laws of 2006, are amended and three  new
paragraphs (j), (k) and (l) are added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-07-5

A. 5243--B                          2

  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h) notwithstanding the provisions of section two  hundred  ninety-six
of  this  chapter,  to  file  a  complaint pursuant to the provisions of
section two hundred ninety-seven of this chapter where the director  has
knowledge  that  a  contractor may have violated the provisions of para-
graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
six  of  this  chapter  where  such  violation is unrelated, separate or
distinct from the state contract as expressed by its terms; [and]
  (i) to streamline the state certification process  to  accept  federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L) TO ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT  WRONGDOING  ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws  of  1992,  subdivision  1 as amended by chapter 357 of the laws of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [second]  FIFTH
degree  when  he  engages  in a scheme constituting a systematic ongoing
course of conduct with intent to defraud more  than  one  person  or  to
obtain  property  from  more  than  one  person  by  false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2. In any prosecution under this section, it  shall  be  necessary  to
prove  the  identity  of  at least one person from whom the defendant so
obtained property, but it shall not be necessary to prove  the  identity
of any other intended victim.
  Scheme  to defraud in the [second] FIFTH degree is a class A misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1. A person is guilty of a scheme to defraud  in  the  [first]  FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing  course of conduct with intent to defraud ten or more persons or
to obtain property from ten or  more  persons  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or  more  of  such  persons;  or  (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to  defraud  more  than
one  person  or to obtain property from more than one person by false or
fraudulent pretenses, representations or promises, and so obtains  prop-
erty  with  a  value  in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing course of conduct with intent to defraud more than one person,  more
than  one  of whom is a vulnerable elderly person as defined in subdivi-

A. 5243--B                          3

sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty from more than one person, more than one of whom  is  a  vulnerable
elderly  person  as  defined  in  subdivision  three of section [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law is amended by adding three new sections 190.66,
190.67 and 190.68 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY

A. 5243--B                          4

FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR  MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 6. Paragraphs a and c of subdivision 1 of section 80.00 of the penal
law, as amended by section 27 of subpart A of part H of  chapter  55  of
the  laws of 2014, are amended and a new paragraph d is added to read as
follows:
  a. [five] FIFTY thousand dollars; or
  c. if the conviction is for any felony defined in article two  hundred
twenty  or  two  hundred  twenty-one  of  this chapter, according to the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When imposing a fine pursuant to the provisions of this  paragraph,  the
court  shall  consider the profit gained by defendant's conduct, whether
the amount of the fine is  disproportionate  to  the  conduct  in  which
defendant  engaged,  its impact on any victims, and defendant's economic
circumstances, including the defendant's ability to pay, the  effect  of
the  fine  upon his or her immediate family or any other persons to whom
the defendant owes an obligation of support[.]; OR
  D. IF THE CONVICTION IS FOR ANY  FELONY  DEFINED  IN  SECTION  190.65,
190.66,  190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY OR
WOMEN-OWNED BUSINESS, DOUBLE THE AMOUNT THAT SHOULD HAVE  BEEN  PAID  TO
THE  MINORITY  OR  WOMEN-OWNED  BUSINESS FOR BONA FIDE WORK OR MATERIALS
UNDER THE CONTRACT.
  S 7. Section 80.00 of the penal law is amended by adding a new  subdi-
vision 8 to read as follows:
  8.  ALL  MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE IMPOSED OUT
OF THE MISUSE OF A MINORITY OR WOMEN-OWNED BUSINESS ARE THE PROPERTY  OF
THE  STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO THE
MINORITY AND WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT  TO  SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S  8.  Subdivision  4 of section 80.00 of the penal law, as amended by
chapter 338 of the laws of 1989, is amended to read as follows:
  4. Exception. The provisions of this section  shall  not  apply  to  a
[corporation] NON-NATURAL PERSON.
  S  9.  Section  80.10  of  the  penal law, subdivision 1 as amended by
section 28 of subpart A of part H of chapter 55 of the laws of 2014,  is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1.  In  general.  A  sentence to pay a fine, when imposed on a [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine is specified, shall be a sentence to pay an amount,  fixed  by  the
court, not exceeding:

A. 5243--B                          5

  (a)  [Ten]  ONE  HUNDRED thousand dollars, when the conviction is of a
felony;
  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;
  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of  the  offense
or,  if  the  [corporation]  NON-NATURAL  PERSON is convicted of a crime
defined in article four hundred ninety-six of this chapter,  any  higher
amount  not exceeding three times the amount of the [corporation's] NON-
NATURAL PERSON'S gain from the commission of such offense.
  2. Exception. In the case of an offense defined outside this  chapter,
if  a special fine [for a corporation] is expressly specified in the law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b) Any higher amount not exceeding double the amount of  the  [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3.  Determination  of amount or value. When the court imposes the fine
authorized by paragraph (e) of  subdivision  one  or  paragraph  (b)  of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S 10. The state finance law is amended by adding a new section 97-j to
read as follows:
  S  97-J.  MINORITY  AND  WOMEN-OWNED BUSINESS FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL FINES RECEIVED FROM  ANY  COURT  OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3.  MONIES  OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED TO ACQUIRE
SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE  MINORITY
AND   WOMEN-OWNED   BUSINESS   FRAUD  AND  TO  UNDERWRITE  MINORITY  AND
WOMEN-OWNED BUSINESS PROGRAMS TO  ASSIST  MINORITY  AND  WOMEN  BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S  11. This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive law made by sections one
and two of this act shall not affect the expiration of such article  and
shall be deemed to expire therewith.

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A5243C - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65 & 80.00 & 80.10 , add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243C - Bill Texts

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Relates to minority and women-owned business enterprises.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK, PEOPLES-STOKES -- read once and referred to  the  Committee  on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Governmental Operations in accordance with Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, the penal law and the  state  finance
  law,   in   relation  to  minority  and  women-owned  businesses  post
  completion certification, duties of the director, the crime of  scheme
  to defraud and creating the minority and women-owned business 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:
  S 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 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  THAT THEY IN FACT PERFORMED THE SERVICES OR PROVIDED THE MATE-
RIALS THAT THEY WERE CONTRACTED TO PERFORM OR PROVIDE.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-08-6

A. 5243--C                          2

1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available  to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS, AND ALL DOCUMENTS SUBMITTED DURING THE LIFE OF THE CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED BUSINESSES FOR EVIDENCE OF FRAUD; AND
  (L)  TO  ENSURE THE PROTECTION OF INDIVIDUALS WHO REPORT WRONGDOING ON
THE PART OF A MINORITY OR WOMEN-OWNED BUSINESS.
  S 3. Section 190.60 of the penal law, as amended by chapter 491 of the
laws of 1992, subdivision 1 as amended by chapter 357  of  the  laws  of
1996, is amended to read as follows:
S 190.60 Scheme to defraud in the [second] FIFTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [second] FIFTH
degree when he engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to defraud more than one person or to
obtain property from  more  than  one  person  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim.
  Scheme to defraud in the [second] FIFTH degree is a class A  misdemea-
nor.
  S 4. Section 190.65 of the penal law, as amended by chapter 291 of the
laws of 2008, is amended to read as follows:
S 190.65 Scheme to defraud in the [first] FOURTH degree.
  1.  A  person  is  guilty of a scheme to defraud in the [first] FOURTH
degree when he or she: (a) engages in a scheme constituting a systematic
ongoing course of conduct with intent to defraud ten or more persons  or
to  obtain  property  from  ten  or  more persons by false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons; or (b)  engages  in  a  scheme  constituting  a
systematic  ongoing  course  of conduct with intent to defraud more than
one person or to obtain property from more than one person by  false  or
fraudulent  pretenses, representations or promises, and so obtains prop-
erty with a value in excess of one thousand dollars  from  one  or  more

A. 5243--C                          3

such persons; or (c) engages in a scheme constituting a systematic ongo-
ing  course of conduct with intent to defraud more than one person, more
than one of whom is a vulnerable elderly person as defined  in  subdivi-
sion three of section [260.30] 260.31 of this chapter or to obtain prop-
erty  from  more  than one person, more than one of whom is a vulnerable
elderly person as defined  in  subdivision  three  of  section  [260.30]
260.31  of  this  chapter, by false or fraudulent pretenses, representa-
tions or promises, and  so  obtains  property  from  one  or  more  such
persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section [260.30] 260.31 of this chapter.
  Scheme to defraud in the [first] FOURTH degree is a class E felony.
  S  5.  The  penal  law  is amended by adding four new sections 190.66,
190.67, 190.68 and 190.69 to read as follows:
S 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE  WHEN
HE  OR  SHE:  (A)  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS  OR
TO  OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR FRAUDU-
LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS  FROM  ONE  OR
MORE SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR  FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
PROPERTY  WITH  A  VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE OR
MORE SUCH PERSONS.
  2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN
HE OR SHE: (A) ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING

A. 5243--C                          4

COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
FROM  ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME CONSTITUT-
ING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO  DEFRAUD  MORE
THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
PROPERTY WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR  MORE
SUCH PERSONS.
  2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
OF ANY OTHER INTENDED VICTIM.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
S 190.69 THREE CONVICTIONS FOR SCHEME TO DEFRAUD BY AN OSTENSIBLE MINOR-
           ITY OR WOMEN-OWNED BUSINESS.
  UPON THREE CONVICTIONS FOR ANY  OFFENSE  DEFINED  IN  SECTION  190.60,
190.65,  190.66,  190.67,  OR 190.68 INVOLVING A MINORITY OR WOMEN-OWNED
BUSINESS, AN INDIVIDUAL SHALL BE BARRED FROM  DOING  BUSINESS  WITH  THE
STATE.
  S 6. Paragraphs a and c of subdivision 1 of section 80.00 of the penal
law,  as  amended  by section 27 of subpart A of part H of chapter 55 of
the laws of 2014, are amended and a new paragraph d is added to read  as
follows:
  a. [five] FIFTY thousand dollars; or
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY DEFINED IN SECTION 190.65,
190.66, 190.67,  OR  190.68,  AND  THE  FRAUD  INVOLVES  A  MINORITY  OR
WOMEN-OWNED  BUSINESS,  DOUBLE  THE AMOUNT THAT SHOULD HAVE BEEN PAID TO
THE MINORITY OR WOMEN-OWNED BUSINESS FOR BONA  FIDE  WORK  OR  MATERIALS
UNDER THE CONTRACT.
  S  7. Section 80.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. ALL MONEYS RECEIVED OR COLLECTED IN PAYMENT OF A FINE  IMPOSED  OUT
OF  THE MISUSE OF A MINORITY OR WOMEN-OWNED BUSINESS ARE THE PROPERTY OF
THE STATE AND THE STATE COMPTROLLER SHALL DEPOSIT ALL SUCH FINES TO  THE
MINORITY  AND  WOMEN-OWNED BUSINESS FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 8. Subdivision 4 of section 80.00 of the penal law,  as  amended  by
chapter 338 of the laws of 1989, is amended to read as follows:
  4.  Exception.  The  provisions  of  this section shall not apply to a
[corporation] NON-NATURAL PERSON.

A. 5243--C                          5

  S 9. Section 80.10 of the penal  law,  subdivision  1  as  amended  by
section  28 of subpart A of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
S 80.10 Fines for [corporations] NON-NATURAL PERSONS.
  1.  In  general.  A  sentence to pay a fine, when imposed on a [corpo-
ration] NON-NATURAL PERSON for an offense defined in this chapter or for
an offense defined outside this chapter for which no special [corporate]
fine is specified, shall be a sentence to pay an amount,  fixed  by  the
court, not exceeding:
  (a)  [Ten]  ONE  HUNDRED thousand dollars, when the conviction is of a
felony;
  (b) Five thousand dollars, when the conviction is of a class A  misde-
meanor  or  of an unclassified misdemeanor for which a term of imprison-
ment in excess of three months is authorized;
  (c) Two thousand dollars, when the conviction is of a class  B  misde-
meanor  or  of an unclassified misdemeanor for which the authorized term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e) Any higher amount not exceeding double the amount of  the  [corpo-
ration's]  NON-NATURAL  PERSON'S gain from the commission of the offense
or, if the [corporation] NON-NATURAL PERSON  is  convicted  of  a  crime
defined  in  article four hundred ninety-six of this chapter, any higher
amount not exceeding three times the amount of the [corporation's]  NON-
NATURAL PERSON'S gain from the commission of such offense.
  2.  Exception. In the case of an offense defined outside this chapter,
if a special fine [for a corporation] is expressly specified in the  law
or ordinance that defines the offense, the fine fixed by the court shall
be as follows:
  (a) An amount within the limits specified in the law or ordinance that
defines the offense; or
  (b)  Any  higher amount not exceeding double the amount of the [corpo-
ration's] NON-NATURAL PERSON'S gain from the commission of the offense.
  3. Determination of amount or value. When the court imposes  the  fine
authorized  by  paragraph  (e)  of  subdivision  one or paragraph (b) of
subdivision two OF THIS SECTION for any offense the provisions of subdi-
vision three of section 80.00 OF THIS ARTICLE shall be applicable to the
sentence.
  S 10. The state finance law is amended by adding a new section 97-j to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
"MINORITY AND WOMEN-OWNED BUSINESS FUND".
  2.  SUCH  FUNDS  SHALL CONSIST OF ALL FINES RECEIVED FROM ANY COURT OF
THE UNIFIED COURT SYSTEM PURSUANT TO THE PROVISIONS OF SUBDIVISION EIGHT
OF SECTION 80.00 OF THE PENAL LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED  TO  ACQUIRE
SOFTWARE,  EMPLOY PERSONNEL TO AUDIT, INVESTIGATE AND PROSECUTE MINORITY
AND  WOMEN-OWNED  BUSINESS  FRAUD  AND  TO   UNDERWRITE   MINORITY   AND
WOMEN-OWNED  BUSINESS  PROGRAMS  TO  ASSIST  MINORITY AND WOMEN BUSINESS
OWNERS TO DEVELOP SUSTAINABLE BUSINESSES.
  S 11. Section 316 of the executive law, as amended by chapter  175  of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement.  1. Upon receipt by the director of a complaint by
a contracting agency that a contractor has violated the provisions of  a
state contract which have been included to comply with the provisions of

A. 5243--C                          6

this  article  or of a contractor that a contracting agency has violated
such provisions or has failed or refused to issue a waiver where one has
been applied for pursuant to subdivision six of  section  three  hundred
thirteen  of  this  article or has denied such application, the director
shall attempt to resolve the matter giving rise to  such  complaint.  If
efforts  to  resolve  such matter to the satisfaction of all parties are
unsuccessful, the director shall refer the matter, within thirty days of
the receipt of the complaint, to the division's hearing  officers.  Upon
conclusion  of  the  administrative  hearing,  the hearing officer shall
submit to the  director  his  or  her  decision  regarding  the  alleged
violation  of  the contract and recommendations regarding the imposition
of sanctions, fines or penalties.  The  director,  within  ten  days  of
receipt  of  the decision, shall file a determination of such matter and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be final and may only be vacated or  modified  as  provided  in  article
seventy-eight  of  the  civil practice law and rules upon an application
made within the time provided by such article. The determination of  the
director as to the imposition of any fines, sanctions or penalties shall
be  reviewable  pursuant  to article seventy-eight of the civil practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor  or the contractor's willful and intentional disregard of the
minority and  women-owned  participation  requirement  included  in  the
contract may include a determination that the contractor shall be ineli-
gible  to  submit a bid to any contracting agency or be awarded any such
contract for a period not to exceed one year following the final  deter-
mination;  provided  however, if a contractor has previously been deter-
mined to be ineligible to submit a bid pursuant  to  this  section,  the
penalties imposed for any subsequent violation, if such violation occurs
within  five  years  of the first violation, may include a determination
that the contractor shall be ineligible to submit a bid to any contract-
ing agency or be awarded any such contract for a period  not  to  exceed
five  years  following the final determination. The division of minority
and women's business development shall maintain a  website  listing  all
contractors that have been deemed ineligible to submit a bid pursuant to
this  section  and the date after which each contractor shall once again
become eligible to submit bids.
  2. THE COMPTROLLER SHALL, FROM TIME TO TIME  BUT  AT  LEAST  ANNUALLY,
CONDUCT AN AUDIT OF EVERY MINORITY AND WOMEN-OWNED BUSINESSES.
  S  12. This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one,  two and eleven of this act shall not affect the expiration of such
article and shall be deemed to expire therewith.

Co-Sponsors

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Multi-Sponsors

A5243D - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65 & 80.00 & 80.10 , add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243D - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK, PEOPLES-STOKES,  BLAKE,  HUNTER,  HYNDMAN,  BARRON,  HOOPER  --
  Multi-Sponsored  by  --  M.  of  A.  ROBINSON,  SIMON -- read once and
  referred to the Committee  on  Governmental  Operations  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  recommitted to the Committee on Governmental Operations in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the executive law, the penal 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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-10-6

A. 5243--D                          2

  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.
  S  2.  Paragraphs  (f), (h) and (i) of subdivision 3 of section 311 of
the executive law, paragraph (f) as added by chapter 261 of the laws  of
1988,  paragraph  (h) as amended and paragraph (i) as added by section 1
of part BB of chapter 59 of the laws of 2006, are amended and three  new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available  to
perform  services,  AND  TO  USE  THIS INFORMATION TO CREATE AN INTERNET
BASED, SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING  CERTIFICATIONS,
DENIALS,  WAIVERS  AND  ALL  DOCUMENTS  SUBMITTED DURING THE LIFE OF THE
CONTRACT;
  (h) notwithstanding the provisions of section two  hundred  ninety-six
of  this  chapter,  to  file  a  complaint pursuant to the provisions of
section two hundred ninety-seven of this chapter where the director  has
knowledge  that  a  contractor may have violated the provisions of para-
graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
six  of  this  chapter  where  such  violation is unrelated, separate or
distinct from the state contract as expressed by its terms; [and]
  (i) to streamline the state certification process  to  accept  federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K)  TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR WOMEN-
OWNED BUSINESS ENTERPRISES TO ENSURE SUCH ENTERPRISES ARE IN  COMPLIANCE
WITH APPLICABLE LAWS; AND
  (L)  TO  ENSURE  THE  PROTECTION  OF  INDIVIDUALS WHO REPORT SUSPECTED
VIOLATIONS OF THIS ARTICLE AND APPLICABLE LAWS RELATED TO  MINORITY  AND
WOMEN-OWNED BUSINESS ENTERPRISES.
  S  3.  Subdivision  1 of section 314 of the executive law, as added by
chapter 261 of the laws of 1988, is amended to read as follows:
  1. The director shall promulgate rules and regulations  providing  for
the  establishment  of a statewide certification program including rules
and regulations governing the approval, denial or revocation of any such
certification, INCLUDING REVOCATIONS FOR FELONY CONVICTIONS FOR  FRAUDU-
LENTLY  MISREPRESENTING  THE  STATUS OF MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISES.   Such rules and regulations  shall  include,  but  not  be
limited  to,  such  matters as may be required to ensure that the estab-
lished procedures thereunder shall at least be in  compliance  with  the
code  of  fair procedure set forth in section seventy-three of the civil
rights law, AND CONSISTENT WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW.
  S 4. Paragraph c of subdivision 1 of section 80.00 of the  penal  law,
as  amended  by  section  27 of subpart A of part H of chapter 55 of the
laws of 2014, is amended and a new paragraph  d  is  added  to  read  as
follows:
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;

A. 5243--D                          3

  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support[.]; OR
  D.  IF  THE  CONVICTION  IS  FOR ANY FELONY INVOLVING FRAUD RELATED TO
ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW  OR  OTHER  LAWS  APPLICABLE  TO
MINORITY  AND WOMEN-OWNED BUSINESS ENTERPRISES, THE COURT MAY DOUBLE THE
AMOUNT THAT SHOULD HAVE BEEN PAID TO THE MINORITY OR  WOMEN-OWNED  BUSI-
NESS ENTERPRISE FOR BONA FIDE WORK OR MATERIALS UNDER THE CONTRACT.
  S  5.  Section  316 of the executive law, as amended by chapter 175 of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement. 1. Upon receipt by the director of a complaint  by
a  contracting agency that a contractor has violated the provisions of a
state contract which have been included to comply with the provisions of
this article or of a contractor that a contracting agency  has  violated
such provisions or has failed or refused to issue a waiver where one has
been  applied  for  pursuant to subdivision six of section three hundred
thirteen of this article or has denied such  application,  the  director
shall  attempt  to  resolve the matter giving rise to such complaint. If
efforts to resolve such matter to the satisfaction of  all  parties  are
unsuccessful, the director shall refer the matter, within thirty days of
the  receipt  of the complaint, to the division's hearing officers. Upon
conclusion of the administrative  hearing,  the  hearing  officer  shall
submit  to  the  director  his  or  her  decision  regarding the alleged
violation of the contract and recommendations regarding  the  imposition
of  sanctions,  fines  or  penalties.  The  director, within ten days of
receipt of the decision, shall file a determination of such  matter  and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be  final  and  may  only  be vacated or modified as provided in article
seventy-eight of the civil practice law and rules  upon  an  application
made  within the time provided by such article. The determination of the
director as to the imposition of any fines, sanctions or penalties shall
be reviewable pursuant to article seventy-eight of  the  civil  practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor or the contractor's willful and intentional disregard of  the
minority  and  women-owned  participation  requirement  included  in the
contract may include a determination that the contractor shall be ineli-
gible to submit a bid to any contracting agency or be awarded  any  such
contract  for a period not to exceed one year following the final deter-
mination; provided however, if a contractor has previously  been  deter-
mined  to  be  ineligible  to submit a bid pursuant to this section, the
penalties imposed for any subsequent violation, if such violation occurs
within five years of the first violation, may  include  a  determination
that the contractor shall be ineligible to submit a bid to any contract-
ing  agency  or  be awarded any such contract for a period not to exceed
five years following the final determination. The division  of  minority
and  women's  business  development shall maintain a website listing all

A. 5243--D                          4

contractors that have been deemed ineligible to submit a bid pursuant to
this section and the date after which each contractor shall  once  again
become eligible to submit bids.
  2.  ANY  FINES,  OR PORTION THEREOF, IMPOSED PURSUANT TO THE FOREGOING
SUBDIVISION, OR IMPOSED BY A COURT OF COMPETENT JURISDICTION RELATED  TO
CONVICTIONS INVOLVING FRAUD RELATED TO THIS ARTICLE OR OTHERWISE INVOLV-
ING  A  MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISE, MAY BE REQUIRED BY
THE  ENTITY  IMPOSING  SUCH  FINES  TO  BE  PAID  TO  THE  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  FUND  ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 6. The state finance law is amended by adding a new section 97-j  to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL MONEYS TRANSFERRED OR PAID TO SUCH  FUND  PURSUANT  TO
LAW,  INCLUDING  PURSUANT TO SECTION THREE HUNDRED SIXTEEN OF THE EXECU-
TIVE LAW, AND CONTRIBUTIONS CONSISTING OF GRANTS,  INCLUDING  GRANTS  OR
OTHER  FINANCIAL ASSISTANCE FROM ANY AGENCY OF GOVERNMENT AND ALL MONEYS
REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW TO  BE  PAID
INTO OR CREDITED TO THIS FUND.
  3.  MONIES  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE EXPENDED TO ACQUIRE SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVES-
TIGATE AND PROSECUTE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE  FRAUD
AND  TO UNDERWRITE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAMS
TO ASSIST MINORITY AND  WOMEN  BUSINESS  ENTERPRISE  OWNERS  TO  DEVELOP
SUSTAINABLE BUSINESSES.
  S  7.  This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one, two, three, and five of this act shall not affect the expiration of
such article and shall be deemed to expire therewith.

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A5243E - Bill Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §314-a, amd §311, Exec L; amd §§190.60, 190.65 & 80.00 & 80.10 , add §§190.66, 190.67 & 190.68, Pen L; add 97-j, St Fin L

A5243E - Bill Texts

view summary

Relates to minority and women-owned business enterprises.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5243--E

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. RODRIGUEZ, CERETTO, MONTESANO, RICHARDSON, COOK,
  STECK,  PEOPLES-STOKES,  BLAKE,  HUNTER,  HYNDMAN,   BARRON,   HOOPER,
  BICHOTTE  -- Multi-Sponsored by -- M. of A. LUPINACCI, ROBINSON, SIMON
  -- read once and referred to the Committee on Governmental  Operations
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee -- recommitted to the Committee on  Governmental  Oper-
  ations  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- reported and referred  to  the  Committee  on  Codes  --  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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07144-13-6

A. 5243--E                          2

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.
  S 2. Paragraphs (f), (h) and (i) of subdivision 3 of  section  311  of
the  executive law, paragraph (f) as added by chapter 261 of the laws of
1988, paragraph (h) as amended and paragraph (i) as added by  section  1
of  part BB of chapter 59 of the laws of 2006, are amended and three new
paragraphs (j), (k) and (l) are added to read as follows:
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble, 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 enterprises are available to
perform services, AND TO USE THIS  INFORMATION  TO  CREATE  AN  INTERNET
BASED,  SEARCHABLE, CENTRALIZED STATE REGISTRY DETAILING CERTIFICATIONS,
DENIALS, WAIVERS AND ALL DOCUMENTS SUBMITTED  DURING  THE  LIFE  OF  THE
CONTRACT;
  (h)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the  provisions  of  para-
graph  (a), (b) or (c) of subdivision one of section two hundred ninety-
six of this chapter where  such  violation  is  unrelated,  separate  or
distinct from the state contract as expressed by its terms; [and]
  (i)  to  streamline  the state certification process to accept federal
and municipal corporation certifications[.];
  (J) TO PERFORM INSPECTIONS OF MINORITY OR WOMEN-OWNED BUSINESS'S PLACE
OF BUSINESS, WAREHOUSE OR STORAGE FACILITY TO CONFIRM THE EXISTENCE OF A
WORKFORCE, EQUIPMENT AND SUPPLIES;
  (K) TO PERFORM INSPECTIONS OF FINANCIAL RECORDS OF MINORITY OR  WOMEN-
OWNED  BUSINESS ENTERPRISES TO ENSURE SUCH ENTERPRISES ARE IN COMPLIANCE
WITH APPLICABLE LAWS; AND
  (L) TO ENSURE THE  PROTECTION  OF  INDIVIDUALS  WHO  REPORT  SUSPECTED
VIOLATIONS  OF  THIS ARTICLE AND APPLICABLE LAWS RELATED TO MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES.
  S 3. Subdivision 1 of section 314 of the executive law,  as  added  by
chapter 261 of the laws of 1988, is amended to read as follows:
  1.  The  director shall promulgate rules and regulations providing for
the establishment of a statewide certification program  including  rules
and regulations governing the approval, denial or revocation of any such
certification,  INCLUDING REVOCATIONS FOR FELONY CONVICTIONS FOR FRAUDU-
LENTLY MISREPRESENTING THE STATUS OF MINORITY  OR  WOMEN-OWNED  BUSINESS
ENTERPRISES.    Such  rules  and  regulations  shall include, but not be
limited to, such matters as may be required to ensure  that  the  estab-
lished  procedures  thereunder  shall at least be in compliance with the
code of fair procedure set forth in section seventy-three of  the  civil
rights law, AND CONSISTENT WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW.
  S  4.  Section  316 of the executive law, as amended by chapter 175 of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement. 1. Upon receipt by the director of a complaint  by
a  contracting agency that a contractor has violated the provisions of a
state contract which have been included to comply with the provisions of
this article or of a contractor that a contracting agency  has  violated

A. 5243--E                          3

such provisions or has failed or refused to issue a waiver where one has
been  applied  for  pursuant to subdivision six of section three hundred
thirteen of this article or has denied such  application,  the  director
shall  attempt  to  resolve the matter giving rise to such complaint. If
efforts to resolve such matter to the satisfaction of  all  parties  are
unsuccessful, the director shall refer the matter, within thirty days of
the  receipt  of the complaint, to the division's hearing officers. Upon
conclusion of the administrative  hearing,  the  hearing  officer  shall
submit  to  the  director  his  or  her  decision  regarding the alleged
violation of the contract and recommendations regarding  the  imposition
of  sanctions,  fines  or  penalties.  The  director, within ten days of
receipt of the decision, shall file a determination of such  matter  and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be  final  and  may  only  be vacated or modified as provided in article
seventy-eight of the civil practice law and rules  upon  an  application
made  within the time provided by such article. The determination of the
director as to the imposition of any fines, sanctions or penalties shall
be reviewable pursuant to article seventy-eight of  the  civil  practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor or the contractor's willful and intentional disregard of  the
minority  and  women-owned  participation  requirement  included  in the
contract may include a determination that the contractor shall be ineli-
gible to submit a bid to any contracting agency or be awarded  any  such
contract  for a period not to exceed one year following the final deter-
mination; provided however, if a contractor has previously  been  deter-
mined  to  be  ineligible  to submit a bid pursuant to this section, the
penalties imposed for any subsequent violation, if such violation occurs
within five years of the first violation, may  include  a  determination
that the contractor shall be ineligible to submit a bid to any contract-
ing  agency  or  be awarded any such contract for a period not to exceed
five years following the final determination. The division  of  minority
and  women's  business  development shall maintain a website listing all
contractors that have been deemed ineligible to submit a bid pursuant to
this section and the date after which each contractor shall  once  again
become eligible to submit bids.
  2.  ANY  FINES,  OR PORTION THEREOF, IMPOSED PURSUANT TO THE FOREGOING
SUBDIVISION, OR IMPOSED BY A COURT OF COMPETENT JURISDICTION RELATED  TO
CONVICTIONS INVOLVING FRAUD RELATED TO THIS ARTICLE OR OTHERWISE INVOLV-
ING  A  MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISE, MAY BE REQUIRED BY
THE  ENTITY  IMPOSING  SUCH  FINES  TO  BE  PAID  TO  THE  MINORITY  AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  FUND  ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-J OF THE STATE FINANCE LAW.
  S 5. The state finance law is amended by adding a new section 97-j  to
read as follows:
  S 97-J. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL MONEYS TRANSFERRED OR PAID TO SUCH  FUND  PURSUANT  TO
LAW,  INCLUDING  PURSUANT TO SECTION THREE HUNDRED SIXTEEN OF THE EXECU-
TIVE LAW, AND CONTRIBUTIONS CONSISTING OF GRANTS,  INCLUDING  GRANTS  OR
OTHER  FINANCIAL ASSISTANCE FROM ANY AGENCY OF GOVERNMENT AND ALL MONEYS

A. 5243--E                          4

REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW TO  BE  PAID
INTO OR CREDITED TO THIS FUND.
  3.  MONIES  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE EXPENDED TO ACQUIRE SOFTWARE, EMPLOY PERSONNEL TO AUDIT, INVES-
TIGATE AND PROSECUTE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE  FRAUD
AND  TO UNDERWRITE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAMS
TO ASSIST MINORITY AND  WOMEN  BUSINESS  ENTERPRISE  OWNERS  TO  DEVELOP
SUSTAINABLE BUSINESSES.
  S  6.  This act shall take effect immediately, provided, however, that
the amendments to article 15-A of the executive  law  made  by  sections
one, two, three, and four of this act shall not affect the expiration of
such article and shall be deemed to expire therewith.

assembly Bill A6908

2015-2016 Legislative Session

Relates to on site superintendent or maintenance supervisor at city of NY housing authority facilities and repeals section 27-2056 of the NY city administrative code relating to exemption to the housing authority

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to housing
Apr 10, 2015 referred to housing

Co-Sponsors

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A6908 - Bill Details

Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Amd §402, Pub Hous L; amd §§27-2052 & 27-2053, rpld §27-2056, NYC Ad Cd

A6908 - Bill Texts

view summary

Relates to establishing an on site supervisor or maintenance supervisor at city of New York housing authority facilities, including janitorial services to maintain workable locks on doors and repeals provisions relating to exemption to the housing authority.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6908

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 10, 2015
                               ___________

Introduced  by M. of A. BLAKE -- read once and referred to the Committee
  on Housing

AN ACT to amend the public housing law and the  administrative  code  of
  the  city of New York, in relation to establishing on site superinten-
  dent or maintenance supervisor at city of New York  Housing  Authority
  facilities,  including  janitorial services to maintain workable locks
  on doors; and to repeal section 27-506 of the administrative  code  of
  the city of New York, relating to the exemption to the housing author-
  ity under such code

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5-a of section 402 of the public housing law is
amended by adding a new paragraph g to read as follows:
  G. NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY  CONTAINED  IN  THIS
CHAPTER,  OR  ANY  GENERAL,  SPECIAL  OR LOCAL LAW, THE CITY OF NEW YORK
HOUSING AUTHORITY SHALL HAVE THE POWER TO PROVIDE AND MAINTAIN  ON  SITE
SUPERINTENDENTS  AND  MAINTENANCE  SUPERVISORS  AT  ALL CITY OF NEW YORK
HOUSING AUTHORITY FACILITIES. SUCH SITE  SUPERINTENDENT  OR  MAINTENANCE
SUPERVISOR  SHALL  HAVE  THE  DUTY,  IN AND ABOUT HOUSING FACILITIES, TO
PRESERVE THE CLEANLINESS AND FUNCTIONALITY OF  THE  FACILITY  AND  OTHER
REQUIREMENTS  THE AUTHORITY DEEMS NECESSARY. APPOINTMENTS TO SITE SUPER-
INTENDENT OR MAINTENANCE SUPERVISOR SHALL BE  MADE  IN  ACCORDANCE  WITH
APPLICABLE PROVISIONS OF THE CIVIL SERVICE LAW AND ONLY PERSONS WHO HAVE
NEVER  BEEN  CONVICTED  OF  A FELONY, AND WHO ARE CITIZENS OF THE UNITED
STATES SHALL BE APPOINTED SITE SUPERINTENDENT OR MAINTENANCE SUPERVISOR.
  S 2. Subdivision (a) of section 27-2052 of the administrative code  of
the city of New York is amended to read as follows:
  (a) Janitorial services means: Cleaning and maintenance, including the
making of minor repairs, SUCH AS WORKABLE LOCKS ON DOORS; the furnishing
of heat and hot water, where supplied from a central source; the removal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09743-04-5

A. 6908                             2

of  garbage, refuse, ashes and wastes from the premises; and the removal
of snow, ice, dirt and other matter from the sidewalk and gutter.
  S  3.  Section  27-2053  of the administrative code of the city of New
York is amended by adding a new subdivision d of to read as follows:
  D. JANITORS IN CITY OF NEW YORK  HOUSING  AUTHORITY  FACILITIES  SHALL
TAKE  SUBSTANTIAL  ACTUAL  OR  MATERIAL  STEPS TOWARDS REMEDYING HEATING
ISSUES AND BROKEN LOCKS ON DOORS WITHIN FORTY-EIGHT HOURS  OF  RECEIVING
NOTICE OF SUCH ISSUE.
  S  4.  Section  27-2056  of the administrative code of the city of New
York is REPEALED.
  S 5. This act shall take effect immediately.

assembly Bill A7384

2015-2016 Legislative Session

Relates to the disposition of unclaimed cremated remains of a veteran

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2016 print number 7384a
amend and recommit to corporations, authorities and commissions
Jan 06, 2016 referred to corporations, authorities and commissions
May 07, 2015 referred to corporations, authorities and commissions

Bill Amendments

A7384
A7384A
A7384
A7384A

A7384 - Bill Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1517, N-PC L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1615B
2011-2012: A2356, S1469A
2009-2010: A10166, A2356, S6840A

A7384 - Bill Texts

view summary

Allows cemetery corporations to grant qualified veterans' organizations the right to receive the cremains of a veteran which has not been claimed by a relative or friend of the deceased within one hundred twenty days after cremation.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7384

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
  disposition of unclaimed cremated remains of a veteran

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1517 of  the  not-for-profit  corporation  law,  as
added by chapter 579 of the laws of 2006, is amended to read as follows:
S 1517. Crematory operations.
  Cemetery  corporations that operate a crematory shall have the follow-
ing duties and obligations:
  (a) Maintenance and privacy. (1) A crematory facility shall  be  main-
tained  in  a  clean, orderly, and sanitary manner, with adequate venti-
lation and shall have a temporary storage area available  to  store  the
remains  of  deceased human beings pending disposition by cremation, the
interior of which shall not be accessible to the general public.
  (2) Entrances and windows of the crematory  facility  shall  be  main-
tained  at  all  times  to  secure privacy, including (i) doors shall be
tightly closed and rigid; (ii)  windows  shall  be  covered;  and  (iii)
entrances  shall  be  locked  and  secured when not actively attended by
authorized crematory personnel.
  (b) Cremation process. (1) The cremation process shall be conducted in
privacy. No person except authorized persons shall be admitted into  the
retort  area,  holding facility, or the temporary storage facility while
the remains of deceased human  beings  are  being  cremated.  Authorized
persons,  on  admittance,  shall  comply with all rules of the crematory
corporation and not infringe upon the privacy of the remains of deceased
human beings.
  (2) The following are authorized  persons:  (i)  licensed,  registered
funeral directors, registered residents, and enrolled students of mortu-
ary  science;  (ii)  officers  and trustees of the cemetery corporation;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09076-01-5

A. 7384                             2

(iii) authorized employees or their authorized agents  of  the  cemetery
corporation;  (iv)  public  officers  acting  in  the discharge of their
duties; (v) authorized instructors of funeral  directing  schools;  (vi)
licensed physicians or nurses; and (vii) members of the immediate family
of  the  deceased  and  their authorized agents and designated represen-
tatives.
  (c) Identification of deceased human beings. (1)  No  crematory  shall
cremate the remains of any deceased human being without the accompanying
cremation permit, required pursuant to section four thousand one hundred
forty-five  of  the  public  health  law  which  permit shall constitute
presumptive evidence of the identity of the said remains.  In  addition,
all  crematories situated outside the city of New York, must comply with
paragraph (b) of subdivision two of section four  thousand  one  hundred
forty-five  of  the  public health law pertaining to the receipt for the
deceased human being. From the time of such delivery to  the  crematory,
until  the  time  the  crematory  delivers the cremains as directed, the
crematory shall be responsible for the remains  of  the  deceased  human
being. Further, a cremation authorization form must accompany the permit
required  in  section four thousand one hundred forty-five of the public
health law. This form, provided or approved by the  crematory,  must  be
signed  by the next of kin or authorizing agent attesting to the permis-
sion for the cremation of the deceased, and disclosing to the  crematory
that  such  body  does  not contain a battery, battery pack, power cell,
radioactive implant, or radioactive device, if any, and that these mate-
rials were removed prior to the cremation process.
  (2) Upon good cause being shown rebutting the presumption of the iden-
tity of such remains, the cremation shall not commence until  reasonable
confirmation  of  the identity of the deceased human being is made. This
proof may be in the form of, but not limited to, a signed affidavit from
a licensed physician, a member of  the  family  of  the  deceased  human
being,  the  authorizing  agent  or a court order from the state supreme
court within the county of the cemetery corporation. Such proof shall be
provided by the authorizing agent.
  (3) The crematory shall have a written plan to assure that  the  iden-
tification  established  by the cremation permit accompanies the remains
of the deceased human being through the cremation process and until  the
identity  of  the  deceased  is  accurately and legibly inscribed on the
container in which the cremains are placed.
  (d) Opening of container holding the remains  of  the  deceased  human
being.  (1)  The  casket,  alternative  container, or external wrappings
holding the remains of the deceased human  being  shall  not  be  opened
after  delivery  to  the  crematory  unless  there  exists good cause to
confirm the identity of the deceased, or to assure that no  material  is
enclosed  which  might  cause injury to employees or damage to crematory
property, or upon reasonable demand by members of the  immediate  family
or the authorized agent.
  (2)  In  such instances in which the casket, alternative container, or
wrappings are opened after delivery to the crematory, such action  shall
only  be  conducted by the licensed funeral director or registered resi-
dent delivering the remains of the deceased human being  and  if  neces-
sary,  with  the assistance of crematory personnel and a record shall be
made, which shall include the reason for such action, the  signature  of
the  person authorizing the opening thereof, and the names of the person
opening the container and the witness thereto, which shall  be  retained
in  the  permanent  file  of the crematory. The opening of the container
shall be conducted in the presence of the witness and shall comply  with

A. 7384                             3

all  rules  and regulations intended to protect the health and safety of
crematory personnel.
  (e)  Ceremonial  casket  cremation  disclosure.  In those instances in
which the remains of deceased human beings are  to  be  delivered  to  a
crematory  in  a  casket  that  is not to be cremated with the deceased,
timely disclosure thereof must be made by the person making the  funeral
arrangements to the crematory that prior to cremation the remains of the
deceased  human  being shall be transferred to an alternative container.
Such signed acknowledgement of the authorizing person, that  the  timely
disclosure  has  been  made,  shall  be retained by the crematory in its
permanent records.
  (f) Transferring remains. (1) The remains of a  deceased  human  being
shall not be removed from the casket, alternative container, or external
wrappings  in  which  it  is delivered to the crematory unless explicit,
signed authorization is provided by the person making  funeral  arrange-
ments  or  by  a  public  officer discharging his or her statutory duty,
which signed authorization shall be retained by  the  crematory  in  its
permanent records.
  (2)  When  the remains of a deceased human being are to be transferred
to an alternative container, the transfer shall be conducted in  privacy
with  dignity and respect and by the licensed funeral director or regis-
tered resident who delivered those remains and if  necessary,  with  the
assistance  of  crematory  personnel.  The  transferring operation shall
comply with all rules and regulations intended to protect the health and
safety of crematory personnel.
  (g) Commingling human remains. The cremation of remains of  more  than
one deceased human being in a retort at any one time is unlawful, except
upon  the  explicit, signed authorization provided by the persons making
funeral arrangements and the signed approval  of  the  crematory,  which
shall be retained by the crematory in its permanent records.
  (h)  Processing  of cremains. (1) Upon the completion of the cremation
of the remains of a deceased human being, the  interior  of  the  retort
shall  be thoroughly swept so as to render the retort reasonably free of
all matter. The contents thereof shall  be  placed  into  an  individual
container  and  not commingled with other cremains. The cremation permit
shall be attached to the individual container preparatory to final proc-
essing.
  (2) A magnet and sieve, or other appropriate method of separation, may
be used to divide the cremains from unrecognizable incidental or foreign
material.
  (3) The incidental and foreign material of the cremation process shall
be disposed of in a safe manner in compliance with  all  sanitary  rules
and regulations as byproducts.
  (4)  The  cremains  shall  be  pulverized  until no single fragment is
recognizable as skeletal tissue.
  (5) The  pulverized  cremains  shall  be  transferred  to  a  sealable
container or containers whose inside dimension shall be of suitable size
to contain the entire cremains of the person who was cremated.
  (6) The prescribed sealable container or containers shall be accurate-
ly  and legibly labeled with the identification of the human being whose
cremains are contained therein, in a manner acceptable to  the  division
of cemeteries.
  (i)  Disposition of cremains. The authorizing agent shall be responsi-
ble for the final disposition of the cremains. Cremains must be disposed
of by placing them in a grave, crypt, or niche, by scattering them in  a
designated  scattering  garden or area, or in any manner whatever on the

A. 7384                             4

private property of a consenting owner or by delivery to the authorizing
agent or a person specifically designated by the authorizing agent. Upon
completion of the cremation process, if the cemetery corporation has not
been  instructed  to arrange for the interment, entombment, inurnment or
scattering of the cremains, the cemetery corporation shall  deliver  the
cremains to the individual specified on the cremation authorization form
or  the funeral firm of record. The delivery may be made in person or by
registered mail. Upon receipt of the cremains, the individual  receiving
them may transport them in any manner in the state without a permit, and
may dispose of them in accordance with this section. After delivery, the
cemetery  corporation  shall  be discharged from any legal obligation or
liability concerning the cremains. If, after a  period  of  one  hundred
twenty  days  from  the date of the cremation, the authorizing agent has
not instructed the cemetery corporation to arrange for the final  dispo-
sition of the cremains or claimed the cremains, the cemetery corporation
may dispose of the cremains in any manner permitted by this section. The
cemetery corporation, however, shall keep a permanent record identifying
the  site of final disposition. The authorizing agent shall be responsi-
ble for reimbursing the cemetery corporation for all reasonable expenses
incurred in disposing of the cremains. Upon disposing of  the  cremains,
the  cemetery  corporation shall be discharged from any legal obligation
or liability concerning the cremains. Except with  the  express  written
permission of the authorizing agent, no person shall:
  (1)  dispose  of  cremains  in  a  manner or in a location so that the
cremains are commingled with those of another person.  This  prohibition
shall  not  apply to the scattering of cremains at sea, by air, or in an
area located in a cemetery and used exclusively for those purposes; and
  (2) place cremains of more than  one  person  in  the  same  temporary
container or urn.
  (j) DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN. (1) PURSU-
ANT  TO  THE  REQUIREMENTS  OF  PARAGRAPH  (I) OF THIS SECTION, IF, UPON
COMPLETION OF THE CREMATION PROCESS, THE CEMETERY  CORPORATION  HAS  NOT
BEEN  INSTRUCTED  TO ARRANGE FOR THE INTERMENT, ENTOMBMENT, INURNMENT OR
SCATTERING OF THE CREMAINS OF AN INDIVIDUAL KNOWN TO BE  A  VETERAN  AND
PROVIDED  A  DILIGENT EFFORT HAS BEEN MADE TO LOCATE AND NOTIFY THE NEXT
OF KIN OR AUTHORIZING AGENT THAT SIGNED THE CREMATION AUTHORIZATION  FOR
THE DECEASED VETERAN, AFTER A PERIOD OF ONE HUNDRED TWENTY DAYS FROM THE
DATE  OF  THE  CREMATION, WHERE THE AUTHORIZING AGENT HAS NOT INSTRUCTED
THE CEMETERY CORPORATION TO ARRANGE FOR THE  FINAL  DISPOSITION  OF  THE
CREMAINS  OR  CLAIMED  THE  CREMAINS,  THE CEMETERY CORPORATION MAY ALSO
DISPOSE OF THE CREMAINS IN ANY MANNER PERMITTED BY THIS  SECTION  OR  BY
RELINQUISHING  POSSESSION  OF  VETERANS'  CREMAINS  FOR DISPOSITION BY A
VETERANS'  ORGANIZATION  THAT  QUALIFIES  AS  A  SECTION  501(C)(3)   OR
501(C)(19) TAX EXEMPT ORGANIZATION UNDER THE INTERNAL REVENUE CODE, OR A
FEDERALLY  CHARTERED VETERANS' SERVICE ORGANIZATION. THE CEMETERY CORPO-
RATION, HOWEVER, SHALL KEEP A PERMANENT RECORD IDENTIFYING THE VETERANS'
ORGANIZATION RECEIVING THE REMAINS AND THE  SITE  DESIGNATED  FOR  FINAL
DISPOSITION BY THE ORGANIZATION. THE METHOD OF DISPOSITION SHALL BE MADE
PURSUANT  TO  THIS SECTION AND SHALL BE DIRECTED TO A SECTION OF A CEME-
TERY CORPORATION WHERE VETERANS ARE MEMORIALIZED BY A  VETERAN'S  MARKER
IF  ELIGIBLE,  A VETERANS' SECTION OF A CEMETERY CORPORATION OR A VETER-
ANS' CEMETERY IF THE DECEASED VETERAN IS ELIGIBLE FOR INTERMENT IN  SUCH
A  MANNER.  SUCH  INTERMENT, ENTOMBMENT, INURNMENT OR SCATTERING  OF THE
CREMAINS OF AN INDIVIDUAL KNOWN TO BE A  VETERAN  BY  SUCH  A  VETERANS'
ORGANIZATION  SHALL OCCUR WITHIN SIXTY DAYS. THE AUTHORIZING AGENT SHALL
BE RESPONSIBLE FOR REIMBURSING THE CEMETERY CORPORATION OR THE VETERANS'

A. 7384                             5

ORGANIZATION FOR ALL REASONABLE EXPENSES INCURRED IN  DISPOSING  OF  THE
CREMAINS. UPON DISPOSITION OF THE CREMAINS, THE CEMETERY CORPORATION AND
THE   VETERANS'  ORGANIZATION  AS  DEFINED  IN  THIS  SECTION  SHALL  BE
DISCHARGED  FROM  ANY  LEGAL  OBLIGATION  OR  LIABILITY  CONCERNING  THE
CREMAINS. EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF THE  AUTHORIZING
AGENT, NO PERSON SHALL:
  (I)  DISPOSE  OF  CREMAINS  IN  A  MANNER OR IN A LOCATION SO THAT THE
CREMAINS ARE COMMINGLED WITH THOSE OF ANOTHER PERSON.  THIS  PROHIBITION
SHALL  NOT  APPLY TO THE SCATTERING OF CREMAINS AT SEA, BY AIR, OR IN AN
AREA LOCATED IN A CEMETERY AND USED EXCLUSIVELY FOR THOSE PURPOSES; AND
  (II) PLACE CREMAINS OF MORE THAN ONE  PERSON  IN  THE  SAME  TEMPORARY
CONTAINER OR URN.
  (2) FOR THE PURPOSES OF THIS PARAGRAPH, "DILIGENT EFFORT" SHALL MEAN A
REASONABLE  EFFORT,  AND  INCLUDES  A CERTIFIED LETTER, DELIVERY RECEIPT
REQUESTED, MAILED TO THE NEXT OF KIN OR AUTHORIZING  AGENT  THAT  SIGNED
THE CREMATION AUTHORIZATION.
  (K)  Crematory  operation  certification.  Any employee of a crematory
whose function is to conduct the daily operations of the cremation proc-
ess shall be certified by an organization approved by  the  division  of
cemeteries.  Proof of such certification must be posted in the crematory
and available for inspection at any time. Any new employees of a  crema-
tory  required  to  be  certified  under this section shall be certified
within one year of  their  employment.  Any  employees  of  a  crematory
required  to  be  certified under this section and retained prior to the
effective date of this paragraph shall be certified within one  year  of
such  effective  date.  Renewal of such certification shall be completed
every five years from the date of certification.
  S 2. This act shall take effect November 11, 2016.

A7384A - Bill Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1517, N-PC L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1615B
2011-2012: A2356, S1469A
2009-2010: A10166, A2356, S6840A

A7384A - Bill Texts

view summary

Allows cemetery corporations to grant qualified veterans' organizations the right to receive the cremains of a veteran which has not been claimed by a relative or friend of the deceased within one hundred twenty days after cremation.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7384--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Corporations, Authorities and Commissions  --  recommitted  to  the
  Committee  on  Corporations, Authorities and Commissions in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
  disposition of unclaimed cremated remains of a veteran

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1517  of  the not-for-profit corporation law, as
added by chapter 579 of the laws of 2006, is amended to read as follows:
S 1517. Crematory operations.
  Cemetery corporations that operate a crematory shall have the  follow-
ing duties and obligations:
  (a)  Maintenance  and privacy. (1) A crematory facility shall be main-
tained in a clean, orderly, and sanitary manner,  with  adequate  venti-
lation  and  shall  have a temporary storage area available to store the
remains of deceased human beings pending disposition by  cremation,  the
interior of which shall not be accessible to the general public.
  (2)  Entrances  and  windows  of the crematory facility shall be main-
tained at all times to secure privacy,  including  (i)  doors  shall  be
tightly  closed  and  rigid;  (ii)  windows  shall be covered; and (iii)
entrances shall be locked and secured  when  not  actively  attended  by
authorized crematory personnel.
  (b) Cremation process. (1) The cremation process shall be conducted in
privacy.  No person except authorized persons shall be admitted into the
retort area, holding facility, or the temporary storage  facility  while
the  remains  of  deceased  human  beings are being cremated. Authorized
persons, on admittance, shall comply with all  rules  of  the  crematory
corporation and not infringe upon the privacy of the remains of deceased
human beings.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09076-03-6

A. 7384--A                          2

  (2)  The  following  are  authorized persons: (i) licensed, registered
funeral directors, registered residents, and enrolled students of mortu-
ary science; (ii) officers and trustees  of  the  cemetery  corporation;
(iii)  authorized  employees  or their authorized agents of the cemetery
corporation;  (iv)  public  officers  acting  in  the discharge of their
duties; (v) authorized instructors of funeral  directing  schools;  (vi)
licensed physicians or nurses; and (vii) members of the immediate family
of  the  deceased  and  their authorized agents and designated represen-
tatives.
  (c) Identification of deceased human beings. (1)  No  crematory  shall
cremate the remains of any deceased human being without the accompanying
cremation permit, required pursuant to section four thousand one hundred
forty-five  of  the  public  health  law  which  permit shall constitute
presumptive evidence of the identity of the said remains.  In  addition,
all  crematories situated outside the city of New York, must comply with
paragraph (b) of subdivision two of section four  thousand  one  hundred
forty-five  of  the  public health law pertaining to the receipt for the
deceased human being. From the time of such delivery to  the  crematory,
until  the  time  the  crematory  delivers the cremains as directed, the
crematory shall be responsible for the remains  of  the  deceased  human
being. Further, a cremation authorization form must accompany the permit
required  in  section four thousand one hundred forty-five of the public
health law. This form, provided or approved by the  crematory,  must  be
signed  by the next of kin or authorizing agent attesting to the permis-
sion for the cremation of the deceased, and disclosing to the  crematory
that  such  body  does  not contain a battery, battery pack, power cell,
radioactive implant, or radioactive device, if any, and that these mate-
rials were removed prior to the cremation process.
  (2) Upon good cause being shown rebutting the presumption of the iden-
tity of such remains, the cremation shall not commence until  reasonable
confirmation  of  the identity of the deceased human being is made. This
proof may be in the form of, but not limited to, a signed affidavit from
a licensed physician, a member of  the  family  of  the  deceased  human
being,  the  authorizing  agent  or a court order from the state supreme
court within the county of the cemetery corporation. Such proof shall be
provided by the authorizing agent.
  (3) The crematory shall have a written plan to assure that  the  iden-
tification  established  by the cremation permit accompanies the remains
of the deceased human being through the cremation process and until  the
identity  of  the  deceased  is  accurately and legibly inscribed on the
container in which the cremains are placed.
  (d) Opening of container holding the remains  of  the  deceased  human
being.  (1)  The  casket,  alternative  container, or external wrappings
holding the remains of the deceased human  being  shall  not  be  opened
after  delivery  to  the  crematory  unless  there  exists good cause to
confirm the identity of the deceased, or to assure that no  material  is
enclosed  which  might  cause injury to employees or damage to crematory
property, or upon reasonable demand by members of the  immediate  family
or the authorized agent.
  (2)  In  such instances in which the casket, alternative container, or
wrappings are opened after delivery to the crematory, such action  shall
only  be  conducted by the licensed funeral director or registered resi-
dent delivering the remains of the deceased human being  and  if  neces-
sary,  with  the assistance of crematory personnel and a record shall be
made, which shall include the reason for such action, the  signature  of
the  person authorizing the opening thereof, and the names of the person

A. 7384--A                          3

opening the container and the witness thereto, which shall  be  retained
in  the  permanent  file  of the crematory. The opening of the container
shall be conducted in the presence of the witness and shall comply  with
all  rules  and regulations intended to protect the health and safety of
crematory personnel.
  (e) Ceremonial casket cremation  disclosure.  In  those  instances  in
which  the  remains  of  deceased  human beings are to be delivered to a
crematory in a casket that is not to  be  cremated  with  the  deceased,
timely  disclosure thereof must be made by the person making the funeral
arrangements to the crematory that prior to cremation the remains of the
deceased human being shall be transferred to an  alternative  container.
Such  signed  acknowledgement of the authorizing person, that the timely
disclosure has been made, shall be retained  by  the  crematory  in  its
permanent records.
  (f)  Transferring  remains.  (1) The remains of a deceased human being
shall not be removed from the casket, alternative container, or external
wrappings in which it is delivered to  the  crematory  unless  explicit,
signed  authorization  is provided by the person making funeral arrange-
ments or by a public officer discharging  his  or  her  statutory  duty,
which  signed  authorization  shall  be retained by the crematory in its
permanent records.
  (2) When the remains of a deceased human being are to  be  transferred
to  an alternative container, the transfer shall be conducted in privacy
with dignity and respect and by the licensed funeral director or  regis-
tered  resident  who  delivered those remains and if necessary, with the
assistance of crematory  personnel.  The  transferring  operation  shall
comply with all rules and regulations intended to protect the health and
safety of crematory personnel.
  (g)  Commingling  human remains. The cremation of remains of more than
one deceased human being in a retort at any one time is unlawful, except
upon the explicit, signed authorization provided by the  persons  making
funeral  arrangements  and  the  signed approval of the crematory, which
shall be retained by the crematory in its permanent records.
  (h) Processing of cremains. (1) Upon the completion of  the  cremation
of  the  remains  of  a deceased human being, the interior of the retort
shall be thoroughly swept so as to render the retort reasonably free  of
all  matter.  The  contents  thereof  shall be placed into an individual
container and not commingled with other cremains. The  cremation  permit
shall be attached to the individual container preparatory to final proc-
essing.
  (2) A magnet and sieve, or other appropriate method of separation, may
be used to divide the cremains from unrecognizable incidental or foreign
material.
  (3) The incidental and foreign material of the cremation process shall
be  disposed  of  in a safe manner in compliance with all sanitary rules
and regulations as byproducts.
  (4) The cremains shall be  pulverized  until  no  single  fragment  is
recognizable as skeletal tissue.
  (5)  The  pulverized  cremains  shall  be  transferred  to  a sealable
container or containers whose inside dimension shall be of suitable size
to contain the entire cremains of the person who was cremated.
  (6) The prescribed sealable container or containers shall be accurate-
ly and legibly labeled with the identification of the human being  whose
cremains  are  contained therein, in a manner acceptable to the division
of cemeteries.

A. 7384--A                          4

  (i) Disposition of cremains. The authorizing agent shall be  responsi-
ble for the final disposition of the cremains. Cremains must be disposed
of  by placing them in a grave, crypt, or niche, by scattering them in a
designated scattering garden or area, or in any manner whatever  on  the
private property of a consenting owner or by delivery to the authorizing
agent or a person specifically designated by the authorizing agent. Upon
completion of the cremation process, if the cemetery corporation has not
been  instructed  to arrange for the interment, entombment, inurnment or
scattering of the cremains, the cemetery corporation shall  deliver  the
cremains to the individual specified on the cremation authorization form
or  the funeral firm of record. The delivery may be made in person or by
registered mail. Upon receipt of the cremains, the individual  receiving
them may transport them in any manner in the state without a permit, and
may dispose of them in accordance with this section. After delivery, the
cemetery  corporation  shall  be discharged from any legal obligation or
liability concerning the cremains. If, after a  period  of  one  hundred
twenty  days  from  the date of the cremation, the authorizing agent has
not instructed the cemetery corporation to arrange for the final  dispo-
sition of the cremains or claimed the cremains, the cemetery corporation
may dispose of the cremains in any manner permitted by this section. The
cemetery corporation, however, shall keep a permanent record identifying
the  site of final disposition. The authorizing agent shall be responsi-
ble for reimbursing the cemetery corporation for all reasonable expenses
incurred in disposing of the cremains. Upon disposing of  the  cremains,
the  cemetery  corporation shall be discharged from any legal obligation
or liability concerning the cremains. Except with  the  express  written
permission of the authorizing agent, no person shall:
  (1)  dispose  of  cremains  in  a  manner or in a location so that the
cremains are commingled with those of another person.  This  prohibition
shall  not  apply to the scattering of cremains at sea, by air, or in an
area located in a cemetery and used exclusively for those purposes; and
  (2) place cremains of more than  one  person  in  the  same  temporary
container or urn.
  (j) DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN. (1) PURSU-
ANT  TO  THE  REQUIREMENTS  OF  PARAGRAPH  (I) OF THIS SECTION, IF, UPON
COMPLETION OF THE CREMATION PROCESS, THE CEMETERY  CORPORATION  HAS  NOT
BEEN  INSTRUCTED  TO ARRANGE FOR THE INTERMENT, ENTOMBMENT, INURNMENT OR
SCATTERING OF THE CREMAINS OF AN INDIVIDUAL KNOWN TO BE  A  VETERAN  AND
PROVIDED  A  DILIGENT EFFORT HAS BEEN MADE TO LOCATE AND NOTIFY THE NEXT
OF KIN OR AUTHORIZING AGENT THAT SIGNED THE CREMATION AUTHORIZATION  FOR
THE DECEASED VETERAN, AFTER A PERIOD OF ONE HUNDRED TWENTY DAYS FROM THE
DATE  OF  THE  CREMATION, WHERE THE AUTHORIZING AGENT HAS NOT INSTRUCTED
THE CEMETERY CORPORATION TO ARRANGE FOR THE  FINAL  DISPOSITION  OF  THE
CREMAINS  OR  CLAIMED  THE  CREMAINS,  THE CEMETERY CORPORATION MAY ALSO
DISPOSE OF THE CREMAINS IN ANY MANNER PERMITTED BY THIS  SECTION  OR  BY
RELINQUISHING  POSSESSION  OF  VETERANS'  CREMAINS  FOR DISPOSITION BY A
VETERANS'  ORGANIZATION  THAT  QUALIFIES  AS  A  SECTION  501(C)(3)   OR
501(C)(19) TAX EXEMPT ORGANIZATION UNDER THE INTERNAL REVENUE CODE, OR A
FEDERALLY  CHARTERED VETERANS' SERVICE ORGANIZATION. THE CEMETERY CORPO-
RATION, HOWEVER, SHALL KEEP A PERMANENT RECORD IDENTIFYING THE VETERANS'
ORGANIZATION RECEIVING THE REMAINS AND THE  SITE  DESIGNATED  FOR  FINAL
DISPOSITION BY THE ORGANIZATION. THE METHOD OF DISPOSITION SHALL BE MADE
PURSUANT  TO  THIS SECTION AND SHALL BE DIRECTED TO A SECTION OF A CEME-
TERY CORPORATION WHERE VETERANS ARE MEMORIALIZED BY A  VETERAN'S  MARKER
IF  ELIGIBLE,  A VETERANS' SECTION OF A CEMETERY CORPORATION OR A VETER-
ANS' CEMETERY IF THE DECEASED VETERAN IS ELIGIBLE FOR INTERMENT IN  SUCH

A. 7384--A                          5

A  MANNER.  SUCH  INTERMENT, ENTOMBMENT, INURNMENT OR SCATTERING  OF THE
CREMAINS OF AN INDIVIDUAL KNOWN TO BE A  VETERAN  BY  SUCH  A  VETERANS'
ORGANIZATION  SHALL OCCUR WITHIN SIXTY DAYS. THE AUTHORIZING AGENT SHALL
BE RESPONSIBLE FOR REIMBURSING THE CEMETERY CORPORATION OR THE VETERANS'
ORGANIZATION  FOR  ALL  REASONABLE EXPENSES INCURRED IN DISPOSING OF THE
CREMAINS. UPON DISPOSITION OF THE CREMAINS, THE CEMETERY CORPORATION AND
THE  VETERANS'  ORGANIZATION  AS  DEFINED  IN  THIS  SECTION  SHALL   BE
DISCHARGED  FROM  ANY  LEGAL  OBLIGATION  OR  LIABILITY  CONCERNING  THE
CREMAINS. EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF THE  AUTHORIZING
AGENT, NO PERSON SHALL:
  (I)  DISPOSE  OF  CREMAINS  IN  A  MANNER OR IN A LOCATION SO THAT THE
CREMAINS ARE COMMINGLED WITH THOSE OF ANOTHER PERSON.  THIS  PROHIBITION
SHALL  NOT  APPLY TO THE SCATTERING OF CREMAINS AT SEA, BY AIR, OR IN AN
AREA LOCATED IN A CEMETERY AND USED EXCLUSIVELY FOR THOSE PURPOSES; AND
  (II) PLACE CREMAINS OF MORE THAN ONE  PERSON  IN  THE  SAME  TEMPORARY
CONTAINER OR URN.
  (2) FOR THE PURPOSES OF THIS PARAGRAPH, "DILIGENT EFFORT" SHALL MEAN A
REASONABLE  EFFORT,  AND  INCLUDES  A CERTIFIED LETTER, DELIVERY RECEIPT
REQUESTED, MAILED TO THE NEXT OF KIN OR AUTHORIZING  AGENT  THAT  SIGNED
THE CREMATION AUTHORIZATION.
  (K)  Crematory  operation  certification.  Any employee of a crematory
whose function is to conduct the daily operations of the cremation proc-
ess shall be certified by an organization approved by  the  division  of
cemeteries.  Proof of such certification must be posted in the crematory
and available for inspection at any time. Any new employees of a  crema-
tory  required  to  be  certified  under this section shall be certified
within one year of  their  employment.  Any  employees  of  a  crematory
required  to  be  certified under this section and retained prior to the
effective date of this paragraph shall be certified within one  year  of
such  effective  date.  Renewal of such certification shall be completed
every five years from the date of certification.
  S 2. This act shall take effect November 11, 2017.

senate Bill S4995

2015-2016 Legislative Session

Provides for licensure of school psychologists

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Sponsored By

Current Bill Status - STRICKEN


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

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2016 recommit, enacting clause stricken
Jan 06, 2016 referred to higher education
Apr 28, 2015 referred to higher education

Co-Sponsors

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S4995 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 166-A §§8720 - 8727, amd §§6507 & 7602, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2923B
2011-2012: S5676
2009-2010: A418, S6358A

S4995 - Bill Texts

view summary

Provides for the licensure of school psychologists; authorizes the use of the title "school psychologist" to licensed or exempt individuals; defines practice as a school psychologist; sets forth requirements for professional licensure (including educational attainment, experience, exam and fee); provides for issuance of limited permits under specified circumstances; identifies exempt persons.

view sponsor memo
BILL NUMBER:S4995

TITLE OF BILL:

An act to amend the education law, in relation to the practice of
school psychology

PURPOSE OR GENERAL IDEA:

This act provides for licensure of school psychologists and defines
the educational and experiential qualifications necessary for
licensure and continued practice.

SUMMARY OF PROVISIONS:

Section one of the bill adds a new Article 166-A to the Education Law
and provides for the following:

§ 8721 authorizes use of the title school psychologist to those
individuals licensed under this article or otherwise exempted.

§ 8722 provides a definition of the practice of school psychology.

§ 8723 defines the requirements for professional licensure as a school
Psychologist.

§ 8724 provides for the boundaries of professional competency and the
penalties for individuals who do so.

§ 8725 provides authority for the state Education Department to issue
limited permits to practice as school psychologists under specific
circumstances.

§ 8726 identifies persons exempted from the provisions of this
article, including those involved with state and local agencies as
well as students, residents and interns under certain circumstances.

Section two amends paragraph a of subdivision 3 of section 6507 of the
education law, as amended by chapter 554 of the laws of 2013, by
including licensed school psychologist in requirement of licensed
professionals having mandatory training in the identification and
reporting of child abuse and maltreatment.

Section three amends paragraph (a) of subdivision 1 of section 413 of
the social service law, as amended by section 554 of the laws of 2013,
by including school psychologist as a mandatory reporter.

Section 4 amends section 7602 of the education law, as added by
chapter 987 of the laws of 1971.

Section five is a severability section.

Section six provides the effective date.

JUSTIFICATION:


School psychologists are trained and educated in the psychology of
learning, motivation and human development in order to address the
many factors influencing the performance of students, These factors
may include school diversity, school climate and home/school/community
collaboration. By addressing the needs of students through prevention
services, assessments and/or counseling, school psychologists can
contribute to the future success of students, it is important that
school psychologists are held to specific standards and requirements
that will ensure competent services for school children and their
families. This bill is necessary to provide schools with a framework
in which they can be assured they are employing licensed school
psychologists.

LEGISLATIVE HISTORY:

2014: Senate/Assembly: Referred to Higher Education
2013: Senate/Assembly: Referred to Higher Education
2011-12: S.5676 Flanagan - Referred to Higher Education
2009-10: S.5358A Foley - Referred to Higher Education
2007-08: S.908E Volker - Referred to Higher Education
2005-06: S.6678 Volker Referred to Higher Education
2003-04: S.3238 Volker - Referred to Higher Education
2001-02: S.1235A Volker - Referred to Higher Education

FISCAL IMPLICATIONS:

Positive to the state as it will generate license fees.

EFFECTIVE DATE:

This act shall take effect on January 1, 2017.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4995

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to the practice of school
  psychology

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The education law is amended by adding a new article 166-A
to read as follows:
                               ARTICLE 166-A
                            SCHOOL PSYCHOLOGY
SECTION 8720. INTRODUCTION.
        8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE OF THE TITLE "SCHOOL
                PSYCHOLOGIST".
        8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY.
        8723. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8724. BOUNDARIES OF PROFESSIONAL COMPETENCY.
        8725. LIMITED PERMITS.
        8726. EXEMPTIONS.
        8727. SPECIAL PROVISIONS.
  S 8720. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF SCHOOL  PSYCHOLOGY AND TO THE USE OF THE TITLE "LICENSED  SCHOOL
PSYCHOLOGIST".   THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8721. PRACTICE OF SCHOOL PSYCHOLOGY AND USE  OF  THE  TITLE  "SCHOOL
PSYCHOLOGIST".    ONLY  A  PERSON  LICENSED OR EXEMPT UNDER THIS ARTICLE
SHALL PRACTICE SCHOOL PSYCHOLOGY  OR  USE  THE  TITLE  "LICENSED  SCHOOL
PSYCHOLOGIST".
  S  8722. DEFINITION OF THE PRACTICE OF SCHOOL PSYCHOLOGY. THE PRACTICE
OF SCHOOL PSYCHOLOGY IS:
  1. THE ASSESSMENT,  INCLUDING  PSYCHO-EDUCATIONAL,  DEVELOPMENTAL  AND
VOCATIONAL    ASSESSMENT, EVALUATION AND INTERPRETATION OF INTELLIGENCE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10659-01-5

S. 4995                             2

COGNITIVE  PROCESSES,  APTITUDES,    INTERESTS,  ACADEMIC   ACHIEVEMENT,
ADJUSTMENT,  PERSONALITY  FACTORS  AND  MOTIVATIONS, OR ANY OTHER ATTRI-
BUTES, TO INDIVIDUAL STUDENTS OR  GROUPS  OF  STUDENTS  THAT  RELATE  TO
LEARNING, EDUCATION OR ADJUSTMENT NEEDS;
  2.   THE   DEVELOPMENT  AND  IMPLEMENTATION  OF  EDUCATIONALLY-RELATED
PSYCHOTHERAPEUTIC AND BEHAVIORAL APPROACHES TO INCREASE  SCHOOL  ADJUST-
MENT  AND  ACADEMIC  SUCCESS,  COUNSELING  AND  INTERPRETIVE SERVICES TO
REDUCE EDUCATION-RELATED PROBLEMS INCLUDING, BUT NOT LIMITED TO,  VERBAL
INTERACTION,  INTERVIEWING, BEHAVIOR TECHNIQUES, DEVELOPMENTAL AND VOCA-
TIONAL INTERVENTION, ENVIRONMENTAL MANAGEMENT AND GROUP PROCESSES;
  3. CONSULTATION WITH REPRESENTATIVES OF SCHOOLS, AGENCIES  AND  ORGAN-
IZATIONS,  FAMILIES OR INDIVIDUALS, INCLUDING PSYCHO-EDUCATIONAL, DEVEL-
OPMENTAL AND VOCATIONAL   ASSISTANCE  OR  DIRECT  EDUCATIONAL  SERVICES,
RELATED  TO  LEARNING  PROBLEMS AND ADJUSTMENTS TO THOSE PROBLEMS TO THE
BENEFIT OF AN INDIVIDUAL STUDENT OR GROUP OF STUDENTS; AND
  4. THE DEVELOPMENT OF PROGRAMMING, INCLUDING  DESIGNING,  IMPLEMENTING
OR  EVALUATING EDUCATIONALLY AND PSYCHOLOGICALLY SOUND LEARNING ENVIRON-
MENTS AND THE FACILITATION OF PSYCHO-EDUCATIONAL DEVELOPMENT OF INDIVID-
UALS, FAMILIES OR GROUPS.
  S 8723.  REQUIREMENTS FOR A PROFESSIONAL LICENSE.  TO  QUALIFY  FOR  A
LICENSE  AS  A  LICENSED SCHOOL PSYCHOLOGIST, AN APPLICANT SHALL FULFILL
THE FOLLOWING REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: COMPLETE A MINIMUM OF SIXTY GRADUATE CREDITS AND FULFILL
THE REQUIREMENTS OF A MASTER'S OR DOCTORAL DEGREE IN  SCHOOL  PSYCHOLOGY
FROM  A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT,  OR DETERMINED BY THE
DEPARTMENT TO BE THE  SUBSTANTIAL  EQUIVALENT  IN  ACCORDANCE  WITH  THE
COMMISSIONER'S  REGULATIONS.  THE GRADUATE COURSEWORK SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE FOLLOWING AREAS:
  (I) BIOLOGICAL, SOCIAL AND CULTURAL BASES OF DEVELOPMENT;
  (II) PSYCHOPATHOLOGY AND EXCEPTIONALITY IN LEARNING AND BEHAVIOR;
  (III)  ASSESSMENT  AND  APPRAISAL  OF  LEARNERS  IN  HOME  AND  SCHOOL
CONTEXTS;
  (IV)  CONSULTATION  AND  COLLABORATION IN FAMILY, SCHOOL AND COMMUNITY
SYSTEMS;
  (V) EFFECTIVE INSTRUCTION AND DEVELOPMENT OF  COGNITIVE  AND  ACADEMIC
SKILLS;
  (VI)  PREVENTION  AND  TREATMENT OF BEHAVIORAL AND EMOTIONAL DISORDERS
AND DEFICITS;
  (VII) SCHOOL ORGANIZATION, CURRICULUM, POLICY AND LAW;
  (VIII) RESEARCH AND PROGRAM EVALUATION;
  (IX) PROFESSION AND ETHICAL PRACTICE OF PSYCHOLOGY IN SCHOOLS; AND
  (X) COMPLETION OF A  TWELVE  HUNDRED  HOUR  SUPERVISED  INTERNSHIP  IN
SCHOOL  PSYCHOLOGY, WITH NO LESS THAN SIX HUNDRED HOURS COMPLETED WITHIN
A SCHOOL SETTING.
  3. EXPERIENCE: COMPLETE A MINIMUM OF TWO THOUSAND FOUR  HUNDRED  HOURS
OF  POST-MASTER'S  SUPERVISED  EXPERIENCE  RELEVANT  TO  THE PRACTICE OF
SCHOOL PSYCHOLOGY SATISFACTORY TO THE BOARD AND IN ACCORDANCE  WITH  THE
COMMISSIONER'S REGULATIONS, SUCH SUPERVISED EXPERIENCE WHICH MAY INCLUDE
ONE  THOUSAND TWO HUNDRED HOURS COMPLETED AS PART OF A PROGRAM IN SCHOOL
PSYCHOLOGY;
  4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND

S. 4995                             3

  7. FEES: PAY A FEE OF TWO HUNDRED FORTY DOLLARS TO THE DEPARTMENT  FOR
ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
LICENSE; A FEE OF EIGHTY-FIVE  DOLLARS FOR EACH REEXAMINATION; A FEE  OF
ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL  LICENSE FOR PERSONS NOT
REQUIRING  ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND A  FEE OF
ONE HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8724. BOUNDARIES OF PROFESSIONAL COMPETENCY. 1.  IT SHALL BE  DEEMED
PRACTICING  OUTSIDE THE BOUNDARIES OF HIS OR HER PROFESSIONAL COMPETENCE
FOR A PERSON LICENSED PURSUANT TO THIS ARTICLE, IN THE CASE OF TREATMENT
OF ANY SERIOUS MENTAL ILLNESS, TO PROVIDE   ANY MENTAL  HEALTH  SERVICES
FOR  SUCH ILLNESS ON A CONTINUOUS AND SUSTAINED BASIS WITHOUT A  MEDICAL
EVALUATION OF THE ILLNESS BY, AND CONSULTATION WITH, A PHYSICIAN REGARD-
ING SUCH  ILLNESS.  SUCH MEDICAL EVALUATION AND CONSULTATION SHALL BE TO
DETERMINE AND ADVISE WHETHER ANY MEDICAL  CARE  IS  INDICATED  FOR  SUCH
ILLNESS.  FOR  PURPOSES OF THIS SECTION,  "SERIOUS MENTAL ILLNESS" MEANS
SCHIZOPHRENIA,  SCHIZOAFFECTIVE  DISORDER,  BIPOLAR  DISORDER,     MAJOR
DEPRESSIVE  DISORDER,  PANIC DISORDER AND OBSESSIVE-COMPULSIVE DISORDER.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT, LIMIT  OR  IMPAIR
CONSULTATION WITH ANY OTHER HEALTH OR MENTAL HEALTH PROFESSIONAL.  NOTH-
ING  HEREIN  CONTAINED SHALL LIMIT, MODIFY, RESTRICT OR OTHERWISE AFFECT
THE DEFINITION OF THE PRACTICE  OF  SCHOOL  PSYCHOLOGY  AS  PROVIDED  IN
SECTION EIGHTY-SEVEN HUNDRED TWENTY-TWO OF THIS ARTICLE.
  2.  ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER AS A
TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE  OF  HIS  OR
HER PROFESSION; OR
  (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE  IN  THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS.  INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
  (C) ENGAGING IN  DUAL  SETTING  PRACTICE,  OR  OTHERWISE  OFFERING  OR
PROVIDING  PRIVATE PRACTICE SERVICES TO A STUDENT OF A SCHOOL OR SPECIAL
EDUCATION PROGRAM WHERE THE PRACTITIONER IS CURRENTLY EMPLOYED OR  UNDER
CONTRACT WITH SUCH SCHOOL OR PROGRAM.
  3.  NOTHING  IN  THIS  ARTICLE  SHALL BE DEEMED TO AUTHORIZE, GRANT OR
EXTEND HOSPITAL PRIVILEGES TO INDIVIDUALS LICENSED UNDER THIS ARTICLE.
  S 8725. LIMITED PERMITS.  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
TO AN APPLICANT WHOSE QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO
THE EXAMINATION IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2. LIMITED PERMITS SHALL BE FOR  ONE  YEAR  AND  BE  RENEWED,  AT  THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
  S 8726.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE
CONSTRUED TO:
  1.  APPLY TO THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY
TITLE BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  MEDI-
CINE WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE  OR  BY  ANY  PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN
ASSISTANT WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED  THIRTY-ONE-B
OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE  PSYCHOLOGY  WITHIN  THIS  STATE  PURSUANT  TO  ARTICLE ONE HUNDRED
FIFTY-THREE OF THIS TITLE OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-

S. 4995                             4

IZED TO PRACTICE AS A LICENSED CLINICAL SOCIAL WORKER WITHIN THIS  STATE
PURSUANT  TO  ARTICLE  ONE  HUNDRED  FIFTY-FOUR OF THIS TITLE, OR BY ANY
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE NURSING AS A  REGIS-
TERED  PROFESSIONAL  NURSE  WITHIN  THIS STATE PURSUANT   TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THIS TITLE, OR BY ANY PERSON LICENSED  OR  OTHER-
WISE AUTHORIZED TO PRACTICE MENTAL HEALTH COUNSELING, MARRIAGE AND FAMI-
LY  THERAPY, CREATIVE  ARTS THERAPY, OR PSYCHOANALYSIS WITHIN THE STATE,
OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED  TO  PRACTICE  APPLIED
BEHAVIOR  ANALYSIS  WITHIN THE STATE PURSUANT TO THIS ARTICLE; PROVIDED,
HOWEVER, THAT NO PHYSICIAN, PHYSICIAN'S  ASSISTANT,  REGISTERED  PROFES-
SIONAL  NURSE,  PSYCHOLOGIST,  LICENSED CLINICAL SOCIAL WORKER, LICENSED
MENTAL  HEALTH  COUNSELOR,  LICENSED  MARRIAGE  AND  FAMILY   THERAPIST,
LICENSED  CREATIVE  ARTS  THERAPIST,  LICENSED  PSYCHOANALYST OR APPLIED
BEHAVIOR ANALYST MAY USE THE TITLE UNLESS LICENSED UNDER THIS ARTICLE;
  2. PROHIBIT OR LIMIT ANY INDIVIDUAL WHO IS CREDENTIALED UNDER ANY LAW,
INCLUDING ATTORNEYS, RAPE CRISIS COUNSELORS, CERTIFIED ALCOHOLISM  COUN-
SELORS  AND  CERTIFIED  SUBSTANCE ABUSE COUNSELORS FROM PROVIDING MENTAL
HEALTH SERVICES WITHIN THEIR RESPECTIVE ESTABLISHED AUTHORITIES;
  3. PROHIBIT OR LIMIT THE  PRACTICE OF A PROFESSION  LICENSED  PURSUANT
TO THIS ARTICLE BY A STUDENT, INTERN OR RESIDENT IN, AND AS A PART OF, A
SUPERVISED EDUCATIONAL PROGRAM IN AN INSTITUTION APPROVED BY THE DEPART-
MENT;
  4.  PROHIBIT OR LIMIT THE PROVISION OF PASTORAL COUNSELING SERVICES BY
ANY MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITIONER,  WITHIN  THE
CONTEXT OF HIS OR HER MINISTERIAL  CHARGE OR OBLIGATION;
  5.  PROHIBIT OR LIMIT INDIVIDUALS, CHURCHES, SCHOOLS, TEACHERS, ORGAN-
IZATIONS, OR  NOT-FOR-PROFIT  BUSINESSES,  FROM  PROVIDING  INSTRUCTION,
ADVICE, SUPPORT, ENCOURAGEMENT, OR INFORMATION TO INDIVIDUALS, FAMILIES,
AND RELATIONAL GROUPS;
  6.  PROHIBIT  OR  LIMIT AN OCCUPATIONAL THERAPIST FROM PERFORMING WORK
CONSISTENT WITH ARTICLE ONE HUNDRED FIFTY-SIX OF THIS TITLE; OR
  7. AFFECT OR PREVENT THE ACTIVITIES OR  SERVICES  ON  THE  PART  OF  A
PERSON  IN  THE EMPLOY OF A FEDERAL, STATE, COUNTY, OR MUNICIPAL AGENCY,
OTHER POLITICAL SUBDIVISION, OR  A  CHARTERED  ELEMENTARY  OR  SECONDARY
SCHOOL OR DEGREE-GRANTING EDUCATIONAL INSTITUTION INSOFAR AS SUCH ACTIV-
ITIES  AND  SERVICES  ARE A PART OF THE DUTIES OF SUCH PERSON'S SALARIED
POSITION.
  S 8727. SPECIAL PROVISIONS. 1. ANY  NONEXEMPT  PERSON  PRACTICING  THE
PROFESSION  OF  SCHOOL  PSYCHOLOGY  SHALL  APPLY  FOR  A LICENSE OF SUCH
PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  (A) IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
DETERMINED  BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OF SUCH
CRITERIA.
  (B) IF SUCH PERSON MEETS THE REQUIREMENTS FOR  A  LICENSE  ESTABLISHED
WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
ICATION  OR  REGISTRATION STANDARDS ACCEPTABLE TO  THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
  2. NOTWITHSTANDING THE REQUIREMENTS OF  SECTION  EIGHTY-SEVEN  HUNDRED
TWENTY-THREE OF THIS ARTICLE, AND FOR A PERIOD OF TIME NOT TO EXCEED TWO
YEARS  FROM  THE  EFFECTIVE  DATE  OF THIS ARTICLE, AN INDIVIDUAL MAY BE
LICENSED AS A SCHOOL PSYCHOLOGIST PROVIDED SUCH PERSON HAS EITHER:
  (A) MET THE EDUCATIONAL REQUIREMENTS AS DEFINED IN SECTION EIGHTY-SEV-
EN HUNDRED TWENTY-THREE OF THIS ARTICLE AND PERFORMED THE  DUTIES  OF  A

S. 4995                             5

SCHOOL  PSYCHOLOGIST  FOR TWO OF THE PAST FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE; OR
  (B)  PERFORMED  THE  DUTIES OF A SCHOOL PSYCHOLOGIST FOR AT LEAST FIVE
YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  3. ANY PERSON LICENSED PURSUANT TO THIS ARTICLE MAY USE ACCEPTED CODES
AND CLASSIFICATIONS OF SIGNS, SYMPTOMS, DYSFUNCTIONS AND  DISORDERS,  AS
APPROVED  IN ACCORDANCE WITH REGULATIONS  PROMULGATED BY THE DEPARTMENT,
IN THE PRACTICE OF SUCH LICENSED PROFESSION.
  4. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO ALTER, MODIFY OR  AFFECT
THE  PROVISIONS  OF SECTION THREE THOUSAND TWELVE OR TWENTY-FIVE HUNDRED
TEN OF THIS CHAPTER OR OTHERWISE AFFECT THE CERTIFICATION  OF  A  SCHOOL
PSYCHOLOGIST.
  S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,   psychologist,   LICENSED  SCHOOL  PSYCHOLOGIST,
licensed master social worker, licensed clinical social worker, licensed
creative  arts  therapist,  licensed  marriage  and  family   therapist,
licensed mental health counselor, licensed psychoanalyst, dental hygien-
ist,  licensed behavior analyst, or certified behavior analyst assistant
shall, in addition to all the other licensure, certification  or  permit
requirements, have completed two hours of coursework or training regard-
ing  the  identification  and reporting of child abuse and maltreatment.
The coursework or training shall be  obtained  from  an  institution  or
provider  which  has  been  approved  by  the department to provide such
coursework or training. The coursework or training shall include  infor-
mation  regarding  the physical and behavioral indicators of child abuse
and maltreatment and the statutory reporting  requirements  set  out  in
sections four hundred thirteen through four hundred twenty of the social
services  law,  including but not limited to, when and how a report must
be made, what other actions the reporter is mandated  or  authorized  to
take, the legal protections afforded reporters, and the consequences for
failing to report. Such coursework or training may also include informa-
tion  regarding  the  physical and behavioral indicators of the abuse of
individuals with mental retardation and other developmental disabilities
and voluntary reporting of abused or neglected adults to the  office  of
mental  retardation  and  developmental  disabilities or the local adult
protective services unit. Each applicant shall  provide  the  department
with  documentation  showing  that  he or she has completed the required
training. The department shall provide an exemption from the child abuse
and maltreatment training requirements to  any  applicant  who  requests
such  an exemption and who shows, to the department's satisfaction, that
there would be no need because of the nature of his or her practice  for
him or her to complete such training;
  S 3. Section 7602 of the education law, as added by chapter 987 of the
laws of 1971, is amended to read as follows:
  S 7602. State  board  for  psychology.    A state board for psychology
shall be appointed by the board of  regents  on  recommendation  of  the
commissioner  for  the purpose of assisting the board of regents and the

S. 4995                             6

department on matters of professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title.   The
board  shall be composed of not less than eleven [psychologists licensed
in  this  state]  MEMBERS,  A  NUMBER  OF  WHOM SHALL BE LICENSED SCHOOL
PSYCHOLOGISTS SUFFICIENT TO ASSURE  MEANINGFUL  PARTICIPATION  IN  BOARD
ACTIVITIES.    An executive secretary to the board shall be appointed by
the board of regents upon the recommendation  of  the  commissioner  and
shall be a psychologist, licensed in this state.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect,  impair,  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
  S 5. This act shall take effect January 1,  2017;  provided  that  the
department  of  education  is authorized to promulgate any and all rules
and regulations and take any other measure necessary to  implement  this
act  on or before its effective date, including, but not limited to, the
appointment of the state board for psychology, the acceptance and  proc-
essing  of  applications  for  licensure  and  the issuance of licenses;
provided further that the provisions of article 166-A of  the  education
law, as added by section one of this act, requiring a license or limited
permit  to practice under such article shall not be enforced until Janu-
ary 1, 2018.

senate Bill S4358

2015-2016 Legislative Session

Creates an internet website to discuss and introduce issues and ideas to the government of this state and to provide for the creation, viewing and signing of petitions

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to finance
Mar 16, 2015 referred to finance

Co-Sponsors

S4358 - Bill Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §31-a, Exec L

S4358 - Bill Texts

view summary

Creates an internet website to discuss and introduce issues and ideas to the government of this state and to provide for the creation, viewing and signing of petitions.

view sponsor memo
BILL NUMBER:S4358

TITLE OF BILL: An act to amend the executive law, in relation to the
creation of an internet website to discuss and introduce issues and
ideas to the government of this state and to provide for the creation,
viewing and signing of petitions

PURPOSE: "The People of the State of New York" an internet website
that will allow constituents to: browse open petitions, create
petitions and add signatures to petitions in regards to specific
issues within New York State. If the petition meets the requirement of
2,500 signatures a response must be made by the executive or any state
agency that the executive designates to provide such response.

SUMMARY OF PROVISIONS:

Section 1. The executive law is amended by adding a new section 31-a
to read as follows:

§ 31-a. The people of the State of New York; internet website. 1. The
department shall, in consultation with the office of information
technology services, develop and maintain an internet website for the
purpose of providing the people of this state with the opportunity to
voice opinions, create and sign petitions, and otherwise discuss and
introduce issues and ideas to the government of this state. Such
internet website shall be called " The People of the State of New
York" and shall use as its model the "we the People" internet website
implemented and maintained by the executive branch of the federal
government. Such internet website shall provide:

a. a platform for the people of this state to create, view, respond to
and sign petitions;

b. a blog maintained by the executive;

c. responses to petitions pursuant to subdivision two of this section;
and

d. any additional information the executive deems relevant.

2. Upon the creation of a petition on the internet website developed
and maintained pursuant to subdivision one of this section, any person
in this state may sign such petition as a method of demonstrating such
person's agreement with the content of such petition.Any petition that
receives two thousand five hundred or more signatures shall be
provided with a response on or before the sixtieth day after such
total of two thousand five hundred signatures was reached. Such
response shall be:

a. made by the executive, or by any state agency that the executive
designates to provide such response;

b. made in writing;

1. c. posted on the The People of State of New York Internet website.


JUSTIFICATION: Throughout our history, Americans have used petitions
as a way to join together around issues they care about. This new
platform would give all New Yorkers a way to create and sign petitions
on a range of issues affecting our state much like the federal "We the
People Website". If a petition gathers 2,500 online signatures, it
would be reviewed by the executive, or by any state agency that the
executive designates, to provide an official response. It would also
assist our lawmakers in addressing the needs of their constituents by
seeing what the community at large thinks about specific issues.
Giving all New Yorkers a way to engage their government.

PRIOR LEGISLATIVE HISTORY: NEW

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:

§ 2. This act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date. Is
authorized to be made and completed on or before such date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4358

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 16, 2015
                               ___________

Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to  the  creation  of  an
  internet  website  to  discuss  and  introduce issues and ideas to the
  government of this state and to provide for the creation, viewing  and
  signing of petitions

  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  31-a
to read as follows:
  S  31-A. THE PEOPLE OF THE STATE OF NEW YORK; INTERNET WEBSITE. 1. THE
DEPARTMENT SHALL, IN CONSULTATION WITH THE OFFICE OF  INFORMATION  TECH-
NOLOGY  SERVICES,  DEVELOP  AND  MAINTAIN  AN  INTERNET  WEBSITE FOR THE
PURPOSE OF PROVIDING THE PEOPLE OF THIS STATE WITH  THE  OPPORTUNITY  TO
VOICE  OPINIONS,  CREATE  AND  SIGN PETITIONS, AND OTHERWISE DISCUSS AND
INTRODUCE ISSUES AND IDEAS TO THE GOVERNMENT OF THIS STATE. SUCH  INTER-
NET  WEBSITE  SHALL  BE CALLED "THE PEOPLE OF THE STATE OF NEW YORK" AND
SHALL USE AS ITS MODEL THE "WE THE PEOPLE" INTERNET WEBSITE  IMPLEMENTED
AND  MAINTAINED  BY THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT. SUCH
INTERNET WEBSITE SHALL PROVIDE:
  A. A PLATFORM FOR THE PEOPLE OF THIS STATE TO CREATE, VIEW, RESPOND TO
AND SIGN PETITIONS;
  B. A BLOG MAINTAINED BY THE EXECUTIVE;
  C. RESPONSES TO PETITIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION;
AND
  D. ANY ADDITIONAL INFORMATION THE EXECUTIVE DEEMS RELEVANT.
  2. UPON THE CREATION OF A PETITION ON THE INTERNET  WEBSITE  DEVELOPED
AND  MAINTAINED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, ANY PERSON
IN THIS STATE MAY SIGN SUCH PETITION AS A METHOD OF  DEMONSTRATING  SUCH
PERSON'S  AGREEMENT WITH THE CONTENT OF SUCH PETITION. ANY PETITION THAT
RECEIVES TWO THOUSAND FIVE HUNDRED OR MORE SIGNATURES SHALL BE  PROVIDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08045-01-5

S. 4358                             2

WITH  A  RESPONSE  ON OR BEFORE THE SIXTIETH DAY AFTER SUCH TOTAL OF TWO
THOUSAND FIVE HUNDRED SIGNATURES WAS REACHED. SUCH RESPONSE SHALL BE:
  A.  MADE  BY  THE EXECUTIVE, OR BY ANY STATE AGENCY THAT THE EXECUTIVE
DESIGNATES TO PROVIDE SUCH RESPONSE;
  B. MADE IN WRITING;
  C. POSTED ON THE THE PEOPLE OF THE STATE OF NEW YORK INTERNET WEBSITE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
to be made and completed on or before such date.

assembly Bill A2599

2015-2016 Legislative Session

Prohibits male correction officers from pat frisking female inmates

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to correction
Jan 20, 2015 referred to correction

Multi-Sponsors

A2599 - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§137 & 500-k, Cor L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A4245
2011-2012: A2919
2009-2010: A2639

A2599 - Bill Texts

view summary

Prohibits male correction officers from pat frisking female inmates unless such officer has probable cause that a pat frisk is necessary to prevent escape or to protect other inmates or prison employees.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2599

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. PRETLOW, SCARBOROUGH -- Multi-Sponsored by -- M.
  of A. CLARK, GALEF, HOOPER, ORTIZ, PERRY -- read once and referred  to
  the Committee on Correction

AN  ACT  to  amend  the  correction law, in relation to prohibiting male
  correction officers from pat frisking female inmates

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  137 of the correction law is amended by adding a
new subdivision 7 to read as follows:
  7. NO MALE OFFICER OF THE DEPARTMENT SHALL PAT FRISK A  FEMALE  INMATE
IN  THE CUSTODY OF THE DEPARTMENT UNLESS SUCH OFFICER HAS PROBABLE CAUSE
TO BELIEVE THAT A PAT FRISK IS NECESSARY TO PROTECT THE IMMEDIATE SAFETY
OF OTHER INMATES OR PRISON EMPLOYEES OR TO PREVENT ESCAPE.
  S 2.  Section 500-k of the correction law, as amended by chapter 2  of
the laws of 2008, is amended to read as follows:
  S  500-k. Treatment of inmates. Subdivisions five [and], six AND SEVEN
of section one hundred thirty-seven of this chapter,  except  paragraphs
(d)  and  (e) of subdivision six of such section, relating to the treat-
ment of inmates in  state  correctional  facilities  are  applicable  to
inmates  confined  in  county  jails; except that the report required by
paragraph (f) of subdivision six of such section  shall  be  made  to  a
person designated to receive such report in the rules and regulations of
the state commission of correction, or in any county or city where there
is a department of correction, to the head of such department.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05382-01-5

assembly Bill A2623

2015-2016 Legislative Session

Prohibits a city to impose a charge or fee for motorist services provided by a fire or police department

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to local governments
Jan 20, 2015 referred to local governments

Co-Sponsors

Multi-Sponsors

view all multi-sponsors

A2623 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-x, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6353
2011-2012: A6337

A2623 - Bill Texts

view summary

Prohibits a city from imposing a charge or fee for motorist services provided by a fire or police department; defines "motorist" and "motorist services".

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2623

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. BRENNAN, BENEDETTO, TITONE, SCARBOROUGH, COLTON,
  WEPRIN -- Multi-Sponsored by --  M.  of  A.  ABBATE,  ABINANTI,  COOK,
  CYMBROWITZ, GLICK, GOTTFRIED, MARKEY, MILLER, ROBINSON, THIELE -- read
  once and referred to the Committee on Local Governments

AN  ACT  to  amend the general municipal law, in relation to prohibiting
  fees and charges for motorist services provided by a  fire  or  police
  department

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 99-x to read as follows:
  S 99-X. FEES AND CHARGES FOR MOTORIST SERVICES PROHIBITED.  1. FOR THE
PURPOSES  OF  THIS  SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "MOTORIST" MEANS ANY PERSON WHO OPERATES A MOTOR VEHICLE, AS  THAT
TERM  IS  DEFINED  IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND
TRAFFIC LAW, OR WHO IS AN OWNER OF SUCH VEHICLE, AS DEFINED  IN  SECTION
ONE HUNDRED TWENTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW.
  (B)  "MOTORIST  SERVICES" MEANS ROADWAY AND ROADSIDE SERVICES PROVIDED
TO MOTORISTS WHEN THEIR MOTOR VEHICLES ARE  INVOLVED  IN  COLLISIONS  OR
OTHER  MOTOR  VEHICLE-RELATED  INCIDENTS. SUCH SERVICES INCLUDE, BUT ARE
NOT LIMITED TO: EXTINGUISHMENT OF  MOTOR  VEHICLE  FIRES;  SECURING  THE
ACCIDENT  SCENE; STABILIZING AND SEARCHING THE MOTOR VEHICLE; EVALUATING
MOTORISTS FOR INJURIES; PROVIDING  FIRST  AID  AND  ASSISTING  AMBULANCE
PERSONNEL;  WRITING  AN  INCIDENT  REPORT;  AND WASHING OFF OR OTHERWISE
REMOVING DEBRIS FROM THE ROADWAY.
  2. NO CITY SHALL IMPOSE A CHARGE OR FEE FOR MOTORIST SERVICES PROVIDED
BY A FIRE DEPARTMENT OR POLICE DEPARTMENT  UNDER  THE  CONTROL  OF  SUCH
CITY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02453-01-5

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