Relates to provisional certification for certain minority and women-owned business enterprises.
TITLE OF BILL: An act to amend the executive law, in relation to minority and women-owned business enterprise certification
PURPOSE: To authorize the director to
SUMMARY OF PROVISIONS:
Section 1: The first section amends Section 310 of the executive law by adding the definition of "Provisional MWBE Certification." Under this section, it defines that provisional MWBE certification may be granted for a period not to exceed one year, but is able to be renewed by the director.
Section 2: The second section amends Section 314 of the executive law by amending Subdivision 4 to grant the director the authority to make industry-specific determinations on personal net worth or small business eligibility requirements. Additionally, subdivision 5 is added to Section 314 of the executive law to exclude provisional MWBE certifications from the three year certification period under section 310.
Section 3: This act shall take effect immediately.
JUSTIFICATION: Over the past few years several businesses were unfortunately prohibited from being considered under the MWBE program as a result of personal net worth. Based upon recommendations and analysis by the Director, it was determined that certain industries would need higher personal net-worth thresholds to ensure the MWBE program is able to provide access to small businesses who faced difficulties being certified as a result of assets.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: 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.
STATE OF NEW YORK ________________________________________________________________________ 7314 IN SENATE May 12, 2014 ___________Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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. LBD15070-02-4