Bill Text: NY S08477 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Directs the advisory panel on employee-owned enterprises to evaluate barriers to certification as MWBEs for employee-owned businesses and recommend strategies for continuation of certified business enterprises upon the transfer or sale of such business; extends the expiration date of the panel.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-02-02 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S08477 Detail]

Download: New_York-2023-S08477-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8477

                    IN SENATE

                                    February 2, 2024
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to be committed to the Committee on Commerce, Economic Devel-
          opment and Small Business

        AN ACT to amend the economic development law, in relation to  additional
          duties  and  reporting requirements of the advisory panel on employee-
          owned enterprises; and to amend chapter  435  of  the  laws  of  2017,
          amending  the  economic  development  law  relating to establishing an
          advisory  panel on employee-owned enterprises  within the division  of
          small business services, in relation to the effectiveness thereof

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

     1    Section 1. Paragraphs (h) and (i) of subdivision 4 of section  139  of
     2  the  economic  development law are relettered paragraphs (k) and (l) and
     3  three new paragraphs (h), (i) and (j) are added to read as follows:
     4    (h) evaluate barriers for employee-owned enterprises to  be  certified
     5  in  the  statewide  certification  program  for minority and women-owned
     6  businesses as outlined in section three hundred fourteen of  the  execu-
     7  tive  law  and to participate in state agency contracts, and examine and
     8  identify changes to state laws, including article fifteen-A of the exec-
     9  utive law, which shall reduce  barriers  to  certification  and  partic-
    10  ipation in the performance of state contracts;
    11    (i)  identify  and recommend strategies that the director of the divi-
    12  sion of minority and women's business development, as defined by section
    13  three hundred eleven of the  executive  law,  could  implement  to  help
    14  employee-owned  enterprises  confirm  their qualifications for the state
    15  certification program for minority and women-owned businesses,  navigate
    16  the  state  certification  process,  and  participate  in  state  agency
    17  contracts;
    18    (j) identify and recommend strategies, including those that the direc-
    19  tor of the division of minority and women's business  development  could
    20  implement, to facilitate the creation of employee-owned enterprises that
    21  promote the continuation of existing minority and women-owned businesses
    22  either  as  part of a pre-existing business succession of ownership plan
    23  or as an alternative option if a business is being offered for  sale  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14351-01-4
        S. 8477                             2

     1  transfer  by  the  current  owner  or  the heirs or estate of a deceased
     2  owner;
     3    §  2. Subdivision 5 of section 139 of the economic development law, as
     4  amended by chapter 159 of the laws  of  2023,  is  amended  to  read  as
     5  follows:
     6    5.  Reporting.  The  advisory panel shall issue a report no later than
     7  June thirtieth, two thousand  [twenty-four]  twenty-five  outlining  the
     8  findings and recommendations of the panel. The report shall be delivered
     9  to the governor, the speaker of the assembly, the temporary president of
    10  the  senate, the minority leader of the assembly, the minority leader of
    11  the senate, the chair of the assembly committee on ways and  means,  the
    12  chair  of  the  senate  committee  on finance, the chair of the assembly
    13  committee on economic development, the chair of the  assembly  committee
    14  on  small  business,  the  chair  of  the  senate committee on commerce,
    15  economic development, and small business,  the  chair  of  the  assembly
    16  committee  on  labor,  [and] the chair of the senate committee on labor,
    17  the chair of the select majority task force on minority and  women-owned
    18  business  enterprises,  and the director of the division of minority and
    19  women's business development.
    20    § 3. Section 2 of chapter 435  of  the  laws  of  2017,  amending  the
    21  economic  development  law relating to establishing an advisory panel on
    22  employee-owned  enterprises  within  the  division  of  small   business
    23  services,  as  amended by chapter 159 of the laws of 2023, is amended to
    24  read as follows:
    25    § 2. This act shall take effect immediately and shall  expire  October
    26  1,  [2024]  2025 when upon such date the provisions of this act shall be
    27  deemed repealed.
    28    § 4. This act shall take effect immediately; provided that the  amend-
    29  ments  to  subdivisions 4 and 5  of section 139 of the economic develop-
    30  ment law made by sections one and two of this act shall not  affect  the
    31  repeal of such section and shall be deemed repealed therewith.