Bill Text: NY S07274 | 2021-2022 | General Assembly | Introduced
Bill Title: Replaces instances of the words or variations of the words American Indian with the words Indigenous peoples or a variation thereof.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S07274 Detail]
Download: New_York-2021-S07274-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7274 2021-2022 Regular Sessions IN SENATE July 7, 2021 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the arts and cultural affairs law, the cannabis law, the economic development law, the correction law, the education law, the environmental conservation law, the executive law, the public authori- ties law, the transportation law, the facilities development corpo- ration act, the New York state medical care facilities finance agency act and the New York state urban development corporation act, in relation to replacing instances of the words or variations of the words American Indian with the words Indigenous peoples or a variation thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subparagraph (i) of paragraph (c) 2 of subdivision 12 of section 3.07 of the arts and cultural affairs law, 3 as amended by chapter 255 of the laws of 1988, is amended to read as 4 follows: 5 In the performance of projects pursuant to this section, minority and 6 women-owned business enterprises shall be given the opportunity for 7 meaningful participation. For purposes hereof, minority business enter- 8 prise shall mean any business enterprise which is at least fifty-one per 9 centum owned by, or in the case of a publicly owned business, at least 10 fifty-one per centum of the stock or other voting interest is owned by 11 citizens or permanent resident aliens who are Black, Hispanic, Asian, 12 [American Indian] Indigenous peoples, Pacific Islander, or Alaskan 13 native, and such ownership interest is real, substantial and continuing 14 and has the authority to independently control the day to day business 15 decisions of the entity for at least one year; and women-owned business 16 enterprise shall mean any business enterprise which is at least fifty- 17 one per centum owned by, or in the case of a publicly owned business, at 18 least fifty-one per centum of the stock to other voting interests of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11793-02-1S. 7274 2 1 which is owned by citizens or permanent resident aliens who are women, 2 and such ownership interest is real, substantial and continuing and has 3 the authority to independently control the day to day business decisions 4 of the entity for at least one year. 5 § 2. Subparagraph (ii) of paragraph (b) of subdivision 5 of section 87 6 of the cannabis law is amended to read as follows: 7 (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 8 Central or South American of either [Indian] Indigenous or Hispanic 9 origin, regardless of race; 10 § 3. Subdivision 3 and paragraphs (b) and (d) of subdivision 4 of 11 section 210 of the economic development law, as added by chapter 398 of 12 the laws of 2018, are amended to read as follows: 13 3. "Minority business enterprise" shall mean any business enterprise 14 which is at least fifty-one per centum owned by, or in the case of a 15 publicly owned business at least fifty-one per centum of the stock of 16 which is owned by, citizens or permanent resident aliens who are Black, 17 Hispanic, Asian or [American Indian] Indigenous peoples, Pacific Islan- 18 der or Alaskan Native where such ownership interest is real, substantial 19 and continuing and where such persons have the authority to independent- 20 ly control the day-to-day business decisions of the entity. 21 (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 22 Central or South American descent of either [Indian] Indigenous or 23 Hispanic origin, regardless of race; 24 (d) [American Indian] Indigenous peoples or Alaskan Native persons 25 having origins in any of the original peoples of North America. 26 § 4. Subdivision 1 of section 29 of the correction law, as amended by 27 chapter 485 of the laws of 2019, is amended to read as follows: 28 1. The department shall continue to collect, maintain, and analyze 29 statistical and other information and data with respect to persons 30 subject to the jurisdiction of the department, including but not limited 31 to: (a) the number of such persons: placed in the custody of the depart- 32 ment, assigned to a specific department program, accorded community 33 supervision and declared delinquent, recommitted to a state correctional 34 institution upon revocation of community supervision, or discharged upon 35 maximum expiration of sentence; (b) the criminal history of such 36 persons; (c) the social, educational, and vocational circumstances of 37 any such persons; (d) the institutional and community supervision 38 programs and the behavior of such persons; and, (e) the military back- 39 ground and circumstances, if such person served in the United States 40 armed forces. Provided, however, in the event any statistical informa- 41 tion on the ethnic background of the inmate population of a correctional 42 facility or facilities is collected by the department, such statistical 43 information shall contain, but not be limited to, the following ethnic 44 categories: (i) Caucasian; (ii) Asian; (iii) [American Indian] Indige- 45 nous peoples; (iv) Afro-American/Black; and (v) Spanish 46 speaking/Hispanic which category shall include, but not be limited to, 47 the following subcategories consisting of: (1) Puerto Ricans; (2) 48 Cubans; (3) Dominicans; and (4) other Hispanic nationalities. 49 § 5. Paragraph a of subdivision 2 of section 341-a of the education 50 law, as added by chapter 171 of the laws of 1987, is amended to read as 51 follows: 52 a. The test subject's race or ethnicity, including the following 53 groups: Black, White, [American Indian] Indigenous peoples, Asian, 54 Hispanic or other;S. 7274 3 1 § 6. The opening paragraph of paragraph a of subdivision 1 of section 2 52-0113 of the environmental conservation law, as added by chapter 512 3 of the laws of 1986, is amended to read as follows: 4 In the performance of projects pursuant to this article minority and 5 women-owned business enterprises shall be given the opportunity for 6 meaningful participation. The department or the office shall establish 7 measures and procedures to secure meaningful participation and identify 8 those contracts and items of work for which minority and women-owned 9 business enterprises may best bid to actively and affirmatively promote 10 and assist their participation in the projects, so as to facilitate the 11 award of a fair share of contracts to such enterprises; provided, howev- 12 er, that nothing in this article shall be construed to limit the ability 13 of the department or office to assure that qualified minority and 14 women-owned business enterprises may participate in the program. For 15 purposes hereof, minority business enterprise shall mean any business 16 enterprise which is at least fifty-one per centum owned by, or in the 17 case of a publicly owned business, at least fifty-one per centum of the 18 stock of which is owned by citizens or permanent resident aliens who are 19 Black, Hispanic, Asian or [American Indian] Indigenous peoples, Pacific 20 Islander or Alaskan natives and such ownership interest is real, 21 substantial and continuing and have the authority to independently 22 control the day to day business decisions of the entity for at least one 23 year; and women-owned business enterprise shall mean any business enter- 24 prise which is at least fifty-one per centum owned by, or in the case of 25 a publicly owned business, at least fifty-one per centum of the stock of 26 which is owned by citizens or permanent resident aliens who are women, 27 and such ownership interest is real, substantial and continuing and have 28 the authority to independently control the day to day business decisions 29 of the entity for at least one year. 30 § 7. Paragraph (b) of subdivision 8 of section 310 of the executive 31 law, as amended by chapter 96 of the laws of 2019, is amended to read as 32 follows: 33 (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, 34 Cuban, Central or South American of either [Indian] Indigenous or 35 Hispanic origin, regardless of race; 36 § 8. Paragraph (b) of subdivision 6 of section 821 of the executive 37 law, as added by chapter 96 of the laws of 2019, is amended to read as 38 follows: 39 (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, 40 Cuban, Central or South American of either [Indian] Indigenous or 41 Hispanic origin, regardless of race; 42 § 9. The opening paragraph of subdivision 3 of section 1020-v of the 43 public authorities law, as added by chapter 517 of the laws of 1986, is 44 amended to read as follows: 45 In the performance of projects pursuant to this title, minority and 46 women-owned business enterprises shall be given the opportunity for 47 meaningful participation. The authority shall establish quantifiable 48 standards and measures and procedures to secure meaningful participation 49 and identify those contracts and items of work for which minority and 50 women-owned business enterprises may best bid to actively and affirma- 51 tively promote and assist their participation in projects, so as to 52 facilitate the award of a fair share of contracts to such enterprises; 53 provided, however, that nothing in this title shall be construed to 54 limit the ability of the authority to assure that [qualifed] qualified 55 minority and women-owned business enterprises may participate in the 56 program. For purposes hereof, minority business enterprise shall meanS. 7274 4 1 any business enterprise which is at least fifty-one per centum owned by, 2 or in the case of a publicly owned business, at least fifty-one per 3 centum of the stock or other voting interest is owned by citizens or 4 permanent resident aliens who are Black, Hispanic, Asian, [American5Indian] Indigenous peoples, Pacific islander, or Alaskan native, and 6 such ownership interest is real, substantial and continuing and has the 7 authority to independently control the day to day business decisions of 8 the entity for at least one year; and women-owned business enterprise 9 shall mean any business enterprise which is at least fifty-one per 10 centum owned by, or in the case of a publicly owned business, at least 11 fifty-one per centum of the stock to other voting interests of which is 12 owned by citizens or permanent resident aliens who are women, and such 13 ownership interest is real, substantial and continuing and has the 14 authority to independently control the day to day business decisions of 15 the entity for at least one year. 16 § 10. Subdivision 3 of section 1045-x of the public authorities law, 17 as added by chapter 513 of the laws of 1984, is amended to read as 18 follows: 19 3. Any contracting agency empowered to award contracts for design, 20 construction, services or materials shall seek meaningful participation 21 in the performance of contracts by minority business enterprises and 22 shall establish measures and procedures to identify those contracts and 23 items of work for which minority business enterprises may best bid to 24 actively and affirmatively promote and assist their participation so as 25 to facilitate the award of a fair share of contracts to such enter- 26 prises. For purposes hereof, "minority business enterprise" shall mean 27 any business enterprise which is at least fifty-one per centum owned by, 28 or in the case of a publicly owned business, at least fifty-one per 29 centum of the stock of which is owned by citizens or permanent resident 30 aliens who are Black, Hispanic, Asian, [American Indian] Indigenous 31 peoples or women, and such ownership interest is real, substantial and 32 continuing. The provisions of this subdivision shall not be construed to 33 limit the ability of any minority business enterprise to bid on any 34 contract. 35 § 11. Subdivision 3 of section 1048-x of the public authorities law, 36 as added by chapter 796 of the laws of 1985, is amended to read as 37 follows: 38 3. Any contracting agency empowered to award contracts for design, 39 construction, services or materials shall seek meaningful participation 40 in the performance of contracts by minority business enterprises and 41 shall establish measures and procedures to identify those contracts and 42 items of work for which minority business enterprises may best bid to 43 actively and affirmatively promote and assist their participation so as 44 to facilitate the award of a fair share of contracts to such enter- 45 prises. For purposes hereof, "minority business enterprise" shall mean 46 any business enterprise which is at least fifty-one per centum owned by, 47 or in the case of a publicly owned business, at least fifty-one per 48 centum of the stock of which is owned by citizens or permanent resident 49 aliens who are Black, Hispanic, Asian, [American Indian] Indigenous 50 peoples or women, and such ownership interest is real, substantial and 51 continuing. The provisions of this subdivision shall not be construed to 52 limit the ability of any minority business enterprise to bid on any 53 contract. 54 § 12. Subdivision 3 of section 1115-x of the public authorities law, 55 as added by chapter 868 of the laws of 1986, is amended to read as 56 follows:S. 7274 5 1 3. Any contracting agency empowered to award contracts for design, 2 construction, services or materials shall seek meaningful participation 3 in the performance of contracts by minority business enterprises and 4 shall establish measures and procedures to identify those contracts and 5 items of work for which minority business enterprises may best bid to 6 actively and affirmatively promote and assist their participation so as 7 to facilitate the award of a fair share of contracts to such enter- 8 prises. For purposes hereof, "minority business enterprise" shall mean 9 any business enterprise which is at least fifty-one per centum owned by, 10 or in the case of a publicly owned business, at least fifty-one per 11 centum of the stock of which is owned by citizens or permanent resident 12 aliens who are Black, Hispanic, Asian, [American Indian] Indigenous 13 peoples or women, and such ownership interest is real, substantial and 14 continuing. The provisions of this subdivision shall not be construed to 15 limit the ability of any minority business enterprise to bid on any 16 contract. 17 § 13. Subdivision 3 of section 1197-q of the public authorities law, 18 as added by chapter 795 of the laws of 1985, is amended to read as 19 follows: 20 3. The authority shall seek meaningful participation in the perform- 21 ance of contracts by minority business enterprises and shall establish 22 measures and procedures to identify those contracts and items of work 23 for which minority business enterprises may best bid to actively and 24 affirmatively promote and assist their participation so as to facilitate 25 the award of a fair share of contracts to such enterprises. For purposes 26 hereof, "minority business enterprise" shall mean any business enter- 27 prise which is at least fifty-one per centum owned by, or in the case of 28 a publicly owned business, at least fifty-one per centum of the stock of 29 which is owned by citizens or permanent resident aliens who are Black, 30 Hispanic, Asian, [American Indian] Indigenous peoples or women, and such 31 ownership interest is real, substantial and continuing. The provisions 32 of this subdivision shall not be construed to limit the ability of any 33 minority business enterprise to bid on any contract. 34 § 14. Subdivision 3 of section 1199-v of the public authorities law, 35 as added by chapter 723 of the laws of 1986, is amended to read as 36 follows: 37 3. Any contracting agency empowered to award contracts for design, 38 construction, services or materials shall seek meaningful participation 39 in the performance of contracts by minority business enterprises and 40 shall establish measures and procedures to identify those contracts and 41 items of work for which minority business enterprises may best bid to 42 actively and affirmatively promote and assist their participation so as 43 to facilitate the award of a fair share of contracts to such enter- 44 prises. For purposes hereof, "minority business enterprise" shall mean 45 any business enterprise which is at least fifty-one per centum owned by, 46 or in the case of a publicly owned business, at least fifty-one per 47 centum of the stock of which is owned by citizens or permanent resident 48 aliens who are Black, Hispanic, Asian, [American Indian] Indigenous 49 peoples or women, and such ownership interest is real, substantial and 50 continuing. The provisions of this subdivision shall not be construed to 51 limit the ability of any minority business enterprise to bid on any 52 contract. 53 § 15. Subparagraph (i) of paragraph (a) of subdivision 14 of section 54 1266-c of the public authorities law, as added by chapter 929 of the 55 laws of 1986, is amended to read as follows:S. 7274 6 1 (i) In the performance of projects pursuant to this title minority and 2 women-owned business enterprises shall be given the opportunity for 3 meaningful participation. The authority provided for in this title shall 4 establish measures and procedures to secure meaningful participation and 5 identify those contracts and items of work for which minority and 6 women-owned business enterprises may best bid to actively and affirma- 7 tively promote and assist their participation in the projects, so as to 8 facilitate the award of a fair share of contracts to such enterprises; 9 provided, however, that nothing in this title shall be construed to 10 limit the ability of the authority to assure that qualified minority and 11 women-owned business enterprises may participate in the program. For 12 purposes hereof, minority business enterprise shall mean any business 13 enterprise which is at least fifty-one per centum owned by, or in the 14 case of a publicly owned business, at least fifty-one per centum of the 15 stock of which is owned by citizens or permanent resident aliens who are 16 Black, Hispanic, Asian or [American Indian] Indigenous peoples, Pacific 17 Islander or Alaskan natives and such ownership interest is real, 18 substantial and continuing and have the authority to independently 19 control the day to day business decisions of the entity for at least one 20 year; and women-owned business enterprise shall mean any business enter- 21 prise which is at least fifty-one per centum owned by, or in the case of 22 a publicly owned business, at least fifty-one per centum of the stock of 23 which is owned by citizens or permanent resident aliens who are women, 24 and such ownership interest is real, substantial and continuing and have 25 the authority to independently control the day to day business decisions 26 of the entity for at least one year. 27 The provisions of this paragraph shall not be construed to limit the 28 ability of any minority or women-owned business enterprise to bid on any 29 contract. 30 § 16. Section 1974-d of the public authorities law, as added by chap- 31 ter 32 of the laws of 1986, is amended to read as follows: 32 § 1974-d. Contracts. In connection with development, construction, 33 operations and maintenance contracts for projects of the authority, 34 minority and women-owned business enterprises and minority group members 35 and women shall be given the opportunity for meaningful participation. 36 The authority shall establish measures and procedures to secure meaning- 37 ful participation by minority and women-owned business enterprises on 38 contracts for projects of the authority. Such measures and procedures 39 shall also promote the employment of minority group members and women on 40 such contracts. For the purposes thereof, "minority business enterprise" 41 shall mean any business enterprise which is at least fifty-one per 42 centum owned by, or in the case of a publicly owned business, at least 43 fifty-one per centum of the stock of which is owned by citizens or 44 permanent resident aliens who are Black, Hispanic, Asian or [American45Indian] Indigenous peoples, and such ownership interest is real, 46 substantial and continuing and "women-owned business enterprise" shall 47 mean any business enterprise which is at least fifty-one per centum 48 owned by, or in the case of a publicly owned business, at least fifty- 49 one percent of the stock of which is owned by citizens or permanent 50 resident aliens who are women and such ownership interest is real, 51 substantial and continuing. The provisions of this section shall not be 52 construed to limit the ability of any minority or women-owned business 53 enterprise to bid on any contract. In order to implement the require- 54 ments and objectives of this section in connection with such projects, 55 the authority shall be responsible for monitoring compliance with the 56 provisions hereof, providing advice on the availability of competitiveS. 7274 7 1 qualified minority and women-owned business enterprises to perform 2 contracts proposed to be awarded, and making recommendations to improve 3 the access of minority and women-owned business enterprises to these 4 contracts. 5 § 17. Subdivision 3 of section 2050-v of the public authorities law, 6 as amended by chapter 174 of the laws of 1987, is amended to read as 7 follows: 8 3. The agency in awarding contracts for design, construction, services 9 or materials, shall seek meaningful participation in the performance of 10 contracts by minority business enterprises and shall establish measures 11 and procedures to identify those contracts and items of work for which 12 minority business enterprises may best bid to actively and affirmatively 13 promote and assist their participation so as to facilitate the award of 14 a fair share of contracts to such enterprises. For purposes hereof, 15 "minority business enterprise" shall mean any business enterprise which 16 is at least fifty-one per centum owned by, or in the case of a publicly 17 owned business, at least fifty-one per centum of the stock of which is 18 owned by citizens or permanent resident aliens who are Black, Hispanic, 19 Asian, [American Indian] Indigenous peoples or women, and such ownership 20 interest is real, substantial and continuing. The provisions of this 21 subdivision shall not be construed to limit the ability of any minority 22 business enterprise to bid on any contract. 23 § 18. Subdivision 4 of section 2799-gggg of the public authorities 24 law, as added by chapter 383 of the laws of 2019, is amended to read as 25 follows: 26 4. The corporation shall seek meaningful participation by minority 27 business enterprises in the programs of the corporation and shall 28 actively and affirmatively promote and assist their participation in the 29 corporation's programs, so as to facilitate the award of a fair share of 30 contracts to such enterprises. For purposes hereof, "minority business 31 enterprise" shall mean any business enterprise which is at least fifty- 32 one per centum owned by, or in the case of publicly owned business, at 33 least fifty-one per centum of the stock of which is owned by, citizens 34 or permanent resident aliens who are Black, Hispanic, Asian, [American35Indian] Indigenous peoples or women, and such ownership interest is 36 real, substantial and continuing. 37 § 19. Subparagraph (ii) of paragraph (d) of subdivision 3 of section 38 2879 of the public authorities law, as amended by chapter 564 of the 39 laws of 1988, is amended to read as follows: 40 (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 41 Central or South American of either [Indian] Indigenous or Hispanic 42 origin, regardless of race; 43 § 20. Paragraph a of subdivision 2 of section 428 of the transporta- 44 tion law, as added by chapter 836 of the laws of 1983, is amended to 45 read as follows: 46 a. In the performance of transportation infrastructure renewal 47 projects, minority and women-owned business enterprises shall be given 48 the opportunity for meaningful participation. The governor shall estab- 49 lish measures and procedures to secure meaningful participation and 50 identify those contracts and items of work for which minority and 51 women-owned business enterprises may best bid to actively and affirma- 52 tively promote and assist their participation in the department's 53 construction and procurement program for transportation infrastructure 54 renewal projects, so as to facilitate the award of a fair share of 55 contracts to such enterprises; provided, however, that nothing in this 56 article shall be construed to limit the ability of the governor toS. 7274 8 1 assure that qualified minority and women-owned business enterprises may 2 participate in the transportation infrastructure renewal program. For 3 purposes hereof, minority business enterprise shall mean any business 4 enterprise which is at least fifty-one per centum owned by, or in the 5 case of a publicly owned business, at least fifty-one per centum of the 6 stock of which is owned by citizens or permanent resident aliens who are 7 Black, Hispanic, Asian or [American Indian] Indigenous peoples, and such 8 ownership interest is real, substantial and continuing; and women-owned 9 business enterprise shall mean any business enterprise which is at least 10 fifty-one per centum owned by, or in the case of a publicly owned busi- 11 ness, at least fifty-one per centum of the stock of which is owned by 12 citizens or permanent resident aliens who are women, and such ownership 13 interest is real, substantial and continuing. 14 The provisions of this paragraph shall not be construed to limit the 15 ability of any minority business enterprise to bid on any contract. 16 § 21. Paragraph (a) of subdivision 1 of section 9-b of section 1 of 17 chapter 359 of the laws of 1968, constituting the facilities development 18 corporation act, as added by chapter 58 of the laws of 1987, is amended 19 to read as follows: 20 (a) Minority and women-owned business enterprises shall be given the 21 opportunity for meaningful participation in all contracts executed by 22 the corporation pursuant to the provisions of this act other than 23 contracts the cost of which is borne solely by a municipality or munici- 24 palities. The corporation shall establish measures and procedures to 25 secure meaningful participation and identify those contracts and items 26 of work for which minority and women-owned business enterprises may best 27 bid to actively and affirmatively promote and assist their participation 28 in the projects, so as to facilitate the award of a fair share of 29 contracts to such enterprises; provided, however, that nothing in this 30 act shall be construed to limit the ability of the corporation to assure 31 that qualified minority and women-owned business enterprises may partic- 32 ipate in the program. For purposes hereof, minority business enterprise 33 shall mean any business enterprise which is at least fifty-one per 34 centum owned by, or in the case of a publicly owned business, at least 35 fifty-one per centum of the stock of which is owned by citizens or 36 permanent resident aliens who are Black, Hispanic, Asian or [American37Indian] Indigenous peoples, Pacific Islander or Alaskan natives and such 38 ownership interest is real, substantial and continuing and have the 39 authority to independently control the day to day business decisions of 40 the entity for at least one year; and women-owned business enterprise 41 shall mean any business enterprise which is at least fifty-one per 42 centum owned by, or in the case of a publicly owned business, at least 43 fifty-one per centum of the stock of which is owned by citizens or 44 permanent resident aliens who are women, and such ownership interest is 45 real, substantial and continuing and have the authority to independently 46 control the day to day business decisions of the entity for at least one 47 year. 48 The provisions of this paragraph shall not be construed to limit the 49 ability of any minority or women-owned business enterprise to bid on any 50 contract. 51 § 22. Paragraph a of subdivision 1 of section 16-b of section 1 of 52 chapter 392 of the laws of 1973, constituting the New York state medical 53 care facilities finance agency act, as added by chapter 58 of the laws 54 of 1987, is amended to read as follows: 55 a. In the performance of projects pursuant to this act minority and 56 women-owned business enterprises shall be given the opportunity forS. 7274 9 1 meaningful participation. The agency shall establish measures and proce- 2 dures to secure meaningful participation and identify those contracts 3 and items of work for which minority and women-owned business enter- 4 prises may best bid to actively and affirmatively promote and assist 5 their participation in the projects, so as to facilitate the award of a 6 fair share of contracts to such enterprises; provided, however, that 7 nothing in this act shall be construed to limit the ability of the agen- 8 cy to assure that qualified minority and women-owned business enter- 9 prises may participate in the program. For purposes hereof, minority 10 business enterprise shall mean any business enterprise which is at least 11 fifty-one per centum owned by, or in the case of a publicly owned busi- 12 ness, at least fifty-one per centum of the stock of which is owned by 13 citizens or permanent resident aliens who are Black, Hispanic, Asian or 14 [American Indian] Indigenous peoples, Pacific Islander or Alaskan 15 natives and such ownership interest is real, substantial and continuing 16 and have the authority to independently control the day to day business 17 decisions of the entity for at least one year; and women-owned business 18 enterprise shall mean any business enterprise which is at least fifty- 19 one per centum owned by, or in the case of a publicly owned business, at 20 least fifty-one per centum of the stock of which is owned by citizens or 21 permanent resident aliens who are women, and such ownership interest is 22 real, substantial and continuing and have the authority to independently 23 control the day to day business decisions of the entity for at least one 24 year. 25 The provisions of this paragraph shall not be construed to limit the 26 ability of any minority or women-owned business enterprise to bid on any 27 contract. 28 § 23. Paragraphs (b) and (d) of subdivision 19 of section 3 of section 29 1 of chapter 174 of the laws of 1968 constituting the New York state 30 urban development corporation act, as added by chapter 839 of the laws 31 of 1987, is amended to read as follows: 32 (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 33 Central or South American descent of either [Indian] Indigenous or 34 Hispanic origin, regardless of race; 35 (d) [American Indian] Indigenous peoples or Alaskan Native persons 36 having origins in any of the original peoples of North America and main- 37 taining identifiable tribal affiliations through membership and partic- 38 ipation or community identification. 39 § 24. This act shall take effect immediately, provided, however, that 40 the amendments to subdivision 8 of section 310 of the executive law made 41 by section seven of this act shall not affect the repeal of such section 42 and shall be deemed repealed therewith; provided further that the amend- 43 ments to subdivision 6 of section 821 of the executive law made by 44 section eight of this act shall not affect the repeal of such section 45 and shall be deemed repealed therewith.
