Assembly Bill A9668

Signed By Governor
2013-2014 Legislative Session

Relates to provisional certification for certain minority and women-owned business enterprises

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9668 (ACTIVE) - Details

See Senate Version of this Bill:
S7314
Law Section:
Executive Law
Laws Affected:
Amd §§310 & 314, Exec L

2013-A9668 (ACTIVE) - Summary

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

2013-A9668 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Section 310 of the executive law is amended by adding a new
subdivision 23 to read as follows:
  23.  "PROVISIONAL  MWBE  CERTIFICATION"  SHALL   MEAN   MINORITY   AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  CERTIFICATION  STATUS WHICH SHALL NOT
EXCEED ONE YEAR, BUT WHICH MAY BE RENEWED BY THE DIRECTOR.
  S 2. Subdivision 4 of section 314 of the executive law,  as  added  by
section 2 of part BB of chapter 59 of the laws of 2006, is amended and a
new subdivision 5 is added to read as follows:
  4.  [All  certifications  shall be valid for a period of three years.]
THE DIRECTOR MAY, AFTER PERFORMING AN AVAILABILITY ANALYSIS AND  UPON  A
FINDING  THAT  INDUSTRY-SPECIFIC FACTORS COUPLED WITH PERSONAL NET WORTH
OR SMALL BUSINESS  ELIGIBILITY  REQUIREMENTS  PURSUANT  TO  SUBDIVISIONS
NINETEEN  AND  TWENTY  OF  SECTION  THREE  HUNDRED  TEN OF THIS ARTICLE,
RESPECTIVELY, HAVE LED TO THE SIGNIFICANT EXCLUSION OF BUSINESSES  OWNED
BY  MINORITY  GROUP MEMBERS OR WOMEN IN THAT INDUSTRY, GRANT PROVISIONAL
MWBE CERTIFICATION STATUS TO APPLICANTS FROM THAT  DESIGNATED  INDUSTRY,
PROVIDED,  HOWEVER,  THAT ALL OTHER ELIGIBILITY REQUIREMENTS PURSUANT TO
SUBDIVISION SEVEN OR FIFTEEN OF SECTION THREE HUNDRED TEN OF THIS  ARTI-
CLE, AS APPLICABLE, ARE SATISFIED. ANY INDUSTRY-BASED DETERMINATION MADE
UNDER THIS SECTION BY THE DIRECTOR SHALL BE MADE WIDELY AVAILABLE TO THE
PUBLIC AND POSTED ON THE DIVISION'S WEBSITE.
  5.  WITH  THE EXCEPTION OF PROVISIONAL MWBE CERTIFICATION, AS PROVIDED
FOR IN SUBDIVISION TWENTY-THREE OF SECTION THREE  HUNDRED  TEN  OF  THIS
ARTICLE, ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to sections 310 and 314 of  the  executive  law  made  by
sections one and two of this act shall not affect the expiration of such
sections and shall be deemed to expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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