Bill Text: NY S06566 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes certain business enterprise subcontractors who seek to do work with not-for-profit corporations to receive MWBE certification if certain criteria is met; imposes a $50,001 limit on the provision of such services or work; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO PROCUREMENT AND CONTRACTS [S06566 Detail]

Download: New_York-2023-S06566-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6566

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 26, 2023
                                       ___________

        Introduced  by  Sen.  CHU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Procurement and Contracts

        AN ACT to amend the executive law,  in  relation  to  exempting  certain
          business  enterprise  subcontractors who seek to do work with not-for-
          profit corporations from certain requirements

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 314 of the executive law is amended by adding a new
     2  subdivision 2-d to read as follows:
     3    2-d.  (a) The director shall establish a procedure enabling the office
     4  to accept business enterprise subcontractor  verification  for  minority
     5  and  women-owned business enterprise applicants who apply to do work for
     6  non-for-profit corporations in lieu of requiring  such  business  enter-
     7  prise  subcontractor  to  complete  the state certification process. The
     8  director shall promulgate rules and regulations to  set  forth  criteria
     9  for  the  acceptance  of  such business enterprise subcontractor certif-
    10  ication.
    11    (b) All business enterprise subcontractor certifications shall require
    12  business enterprises who apply to  do  work  for  not-for-profit  corpo-
    13  rations and seek certification to meet the following standards:
    14    (i)  have  at  least  fifty-one  percent  ownership by a minority or a
    15  women-owned enterprise and be owned by United States citizens or  perma-
    16  nent resident noncitizens;
    17    (ii)  be  an  enterprise  in which the minority and/or women-ownership
    18  interest is real, substantial and continuing;
    19    (iii) be an enterprise in which the  minority  and/or  women-ownership
    20  has  and exercises the authority to control independently the day-to-day
    21  business decisions of the enterprise;
    22    (iv) be an enterprise authorized to do business in this state;
    23    (v) be subject to a physical site inspection to verify  the  fifty-one
    24  percent ownership requirement;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09799-02-3
        S. 6566                             2

     1    (vi)  be  owned  by  an  individual  or  individuals, whose ownership,
     2  control and operation are relied upon for certification, with a personal
     3  net worth that does not exceed fifteen million dollars  and  such  other
     4  amount as the director shall set forth in regulations, as adjusted annu-
     5  ally for inflation according to the consumer price index;
     6    (vii)  be  an enterprise that is a small business pursuant to subdivi-
     7  sion twenty of section three hundred ten of this article;
     8    (viii) services and/or the work being performed are at a cost of  less
     9  than fifty thousand one dollars;
    10    (ix)  have  not  received  such exemption more than three times in the
    11  preceding twelve calendar months; and
    12    (x) comply with any reporting requirements pursuant to this article.
    13    § 2. This act shall take effect  immediately,  provided  however,  the
    14  amendments  to  article 15-A of the executive law made by section one of
    15  this act shall not affect the expiration of such article  and  shall  be
    16  deemed repealed therewith.