Bill Text: NY A09631 | 2017-2018 | General Assembly | Introduced

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Bill Title: Eliminates the requirement that certain minority and women-owned business enterprise owners have a personal net worth of less than three million five hundred thousand dollars in order to obtain certification as a certified minority and women-owned business enterprise; clarifies that an individual's net worth is to be considered in determining eligibility for certification under article 15-A of the executive law.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2018-01-26 - referred to governmental operations [A09631 Detail]

Download: New_York-2017-A09631-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9631
                   IN ASSEMBLY
                                    January 26, 2018
                                       ___________
        Introduced by M. of A. BICHOTTE -- Multi-Sponsored by -- M. of A. BLAKE,
          HOOPER,  HYNDMAN,  SEAWRIGHT,  SEPULVEDA, SOLAGES, WALKER -- read once
          and referred to the Committee on Governmental Operations
        AN ACT to amend the  executive  law,  in  relation  to  eliminating  the
          requirement  that certain minority and women-owned business enterprise
          owners have a personal net worth  of  less  than  three  million  five
          hundred  thousand dollars in order to obtain certification as a quali-
          fying minority and women-owned business enterprise; clarifying that an
          individual's net worth is not to be considered in  determining  eligi-
          bility  for certification under Article 15-A of the executive law; and
          to repeal subdivision 19 of section 310 of the executive law  relating
          to the definition of personal net worth
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraphs (v), (vi)  and  (vii)  of  paragraph  (a)  of
     2  subdivision 2-a of section 314 of the executive law, as amended by chap-
     3  ter 175 of the laws of 2010, are amended to read as follows:
     4    (v)  be  subject to a physical site inspection to verify the fifty-one
     5  percent ownership requirement; and
     6    (vi)[be owned  by  an  individual  or  individuals,  whose  ownership,
     7  control and operation are relied upon for certification, with a personal
     8  net  worth  that  does  not  exceed  three million five hundred thousand
     9  dollars, as adjusted annually for inflation according  to  the  consumer
    10  price index; and
    11    (vii)]  be an enterprise that is a small business pursuant to subdivi-
    12  sion twenty of section three hundred ten of this article.
    13    § 2. Paragraphs (e) and (f) of subdivision 7 of  section  310  of  the
    14  executive law, as amended by chapter 22 of the laws of 2014, are amended
    15  to read as follows:
    16    (e) [an enterprise owned by an individual or individuals, whose owner-
    17  ship,  control  and  operation are relied upon for certification, with a
    18  personal net worth that does not exceed three million five hundred thou-
    19  sand dollars, as adjusted annually on the first of January for inflation
    20  according to the consumer price index of the previous year; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14140-01-8
        A. 9631                             2

     1    (f)] an enterprise that is a small business  pursuant  to  subdivision
     2  twenty of this section.
     3    §  3.  Paragraphs  (e) and (f) of subdivision 15 of section 310 of the
     4  executive law, as amended by chapter 22 of the laws of 2014, are amended
     5  to read as follows:
     6    (e) [an enterprise owned by an individual or individuals, whose owner-
     7  ship, control and operation are relied upon for  certification,  with  a
     8  personal net worth that does not exceed three million five hundred thou-
     9  sand dollars, as adjusted annually on the first of January for inflation
    10  according to the consumer price index of the previous year; and
    11    (f)]  an  enterprise  that is a small business pursuant to subdivision
    12  twenty of this section.
    13    § 4. Subdivision 19 of section 310 of the executive law is REPEALED.
    14    § 5. Notwithstanding any rule, regulation or  guideline to the contra-
    15  ry, the personal net worth of an individual or individuals, whose owner-
    16  ship, control and operation are relied upon for certification of a busi-
    17  ness  as  a  certified  minority  and  women-owned  business  enterprise
    18  pursuant  to  the  provisions of article 15-A of the executive law shall
    19  not be taken into account in determining certification under such  arti-
    20  cle.
    21    § 6. This act shall take effect immediately; provided, however, that:
    22    (a) the amendments to section 314 of the executive law made by section
    23  one  of  this  act  shall  not affect the expiration of such section and
    24  shall be deemed expired therewith; and
    25    (b) the amendments to  section  310  of  the  executive  law  made  by
    26  sections two, three and four of this act shall not affect the expiration
    27  of such section and shall be deemed expired therewith.