Bill Text: NY A09668 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to provisional certification for certain minority and women-owned business enterprises.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2014-10-01 - signed chap.399 [A09668 Detail]

Download: New_York-2013-A09668-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9668
                                 I N  A S S E M B L Y
                                     May 14, 2014
                                      ___________
       Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the executive law, in relation to  minority  and  women-
         owned business enterprise certification
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 310 of the executive law is amended by adding a new
    2  subdivision 23 to read as follows:
    3    23.  "PROVISIONAL  MWBE  CERTIFICATION"  SHALL   MEAN   MINORITY   AND
    4  WOMEN-OWNED  BUSINESS  ENTERPRISE  CERTIFICATION  STATUS WHICH SHALL NOT
    5  EXCEED ONE YEAR, BUT WHICH MAY BE RENEWED BY THE DIRECTOR.
    6    S 2. Subdivision 4 of section 314 of the executive law,  as  added  by
    7  section 2 of part BB of chapter 59 of the laws of 2006, is amended and a
    8  new subdivision 5 is added to read as follows:
    9    4.  [All  certifications  shall be valid for a period of three years.]
   10  THE DIRECTOR MAY, AFTER PERFORMING AN AVAILABILITY ANALYSIS AND  UPON  A
   11  FINDING  THAT  INDUSTRY-SPECIFIC FACTORS COUPLED WITH PERSONAL NET WORTH
   12  OR SMALL BUSINESS  ELIGIBILITY  REQUIREMENTS  PURSUANT  TO  SUBDIVISIONS
   13  NINETEEN  AND  TWENTY  OF  SECTION  THREE  HUNDRED  TEN OF THIS ARTICLE,
   14  RESPECTIVELY, HAVE LED TO THE SIGNIFICANT EXCLUSION OF BUSINESSES  OWNED
   15  BY  MINORITY  GROUP MEMBERS OR WOMEN IN THAT INDUSTRY, GRANT PROVISIONAL
   16  MWBE CERTIFICATION STATUS TO APPLICANTS FROM THAT  DESIGNATED  INDUSTRY,
   17  PROVIDED,  HOWEVER,  THAT ALL OTHER ELIGIBILITY REQUIREMENTS PURSUANT TO
   18  SUBDIVISION SEVEN OR FIFTEEN OF SECTION THREE HUNDRED TEN OF THIS  ARTI-
   19  CLE, AS APPLICABLE, ARE SATISFIED. ANY INDUSTRY-BASED DETERMINATION MADE
   20  UNDER THIS SECTION BY THE DIRECTOR SHALL BE MADE WIDELY AVAILABLE TO THE
   21  PUBLIC AND POSTED ON THE DIVISION'S WEBSITE.
   22    5.  WITH  THE EXCEPTION OF PROVISIONAL MWBE CERTIFICATION, AS PROVIDED
   23  FOR IN SUBDIVISION TWENTY-THREE OF SECTION THREE  HUNDRED  TEN  OF  THIS
   24  ARTICLE, ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
   25    S  3.  This act shall take effect immediately, provided, however, that
   26  the amendments to sections 310 and 314 of  the  executive  law  made  by
   27  sections one and two of this act shall not affect the expiration of such
   28  sections and shall be deemed to expire therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15070-02-4