Bill Text: NY A01480 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the completion of the process of certification as a minority- or women-owned business enterprise to be completed within thirty days of submission of a final, completed application and directs the director of the division of minority and women's business development in the department of economic development to establish a procedure enabling the division to expedite the statewide MWBE certification process by outsourcing certain certification functions to local MWBE consultants and/or to appropriate chambers of commerce and other organizations focused on minority- and women-owned business enterprises.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A01480 Detail]

Download: New_York-2019-A01480-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1480
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by M. of A. BICHOTTE, SEAWRIGHT -- read once and referred to
          the Committee on Governmental Operations
        AN ACT to  amend  the  executive  law,  in  relation  to  requiring  the
          completion  of  certification  as  a  minority or women-owned business
          enterprise to be completed within  thirty  days  of  submission  of  a
          final,  completed  application and directing the director of the divi-
          sion of minority and women's business development in the department of
          economic development to establish a procedure enabling the division to
          expedite the  statewide  MWBE  certification  process  by  outsourcing
          certain  certification  functions  to local MWBE consultants and/or to
          appropriate chambers of commerce focused on minority- and  women-owned
          business enterprises
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 314 of the executive law, as added
     2  by chapter 261 of the laws of 1988, is amended and a new subdivision 2-c
     3  is added to read as follows:
     4    2-c. The director shall establish a procedure enabling the division to
     5  expedite the statewide  certification  process  by  outsourcing  certain
     6  certification  functions to local MWBE consultants and/or to appropriate
     7  chambers of commerce and other organizations  focused  on  minority  and
     8  women-owned  business  enterprises.  Certification through such entities
     9  shall comply in all respects with the requirements for certification  as
    10  provided  in this section and in the rules and regulations of the direc-
    11  tor.
    12    3. Following application for certification pursuant to  this  section,
    13  the  director  shall  provide  the  applicant with written notice of the
    14  status of the application, including notice of any outstanding deficien-
    15  cies, within thirty days. Within [sixty] thirty days of submission of  a
    16  final  completed  application,  the director shall provide the applicant
    17  with written notice of a determination by the office approving or  deny-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00266-02-9
        A. 1480                             2
     1  ing such certification and, in the event of a denial a statement setting
     2  forth  the  reasons  for  such  denial.  Upon a determination denying or
     3  revoking certification, the business enterprise for which  certification
     4  has  been  so  denied or revoked shall, upon written request made within
     5  thirty days from receipt of notice of such determination, be entitled to
     6  a hearing before an independent  hearing  officer  designated  for  such
     7  purpose  by  the  director. In the event that a request for a hearing is
     8  not made within such thirty day  period,  such  determination  shall  be
     9  deemed  to  be  final.   The independent hearing officer shall conduct a
    10  hearing and upon the conclusion of such hearing, issue a written  recom-
    11  mendation  to  the  director  to affirm, reverse or modify such determi-
    12  nation of the director. Such written recommendation shall be  issued  to
    13  the  parties.   The director, within thirty days, by order, must accept,
    14  reject or modify such recommendation of  the  hearing  officer  and  set
    15  forth  in  writing the reasons therefor. The director shall serve a copy
    16  of such order and reasons  therefor  upon  the  business  enterprise  by
    17  personal  service  or  by  certified  mail return receipt requested. The
    18  order of the director shall be subject to  review  pursuant  to  article
    19  seventy-eight of the civil practice law and rules.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law; provided, however, that the amendments to section 314
    22  of the executive law made by section one of this act  shall  not  affect
    23  the expiration of such section and shall be deemed to expire therewith.