NY State Senate Bill 2015-S7430

Senate Bill S7430

Vetoed By Governor

2015-2016 Legislative Session

Directs the director of the division of minority and women's business development to provide for the minority and women-owned business certification of business entities owned by Indian nations or tribes

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Archive: Last Bill Status Via A10095 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	tabled vetoed memo.256
Nov 16, 2016	delivered to governor
Jun 15, 2016	returned to assembly passed senate 3rd reading cal.1825 substituted for s7430
Jun 15, 2016	substituted by a10095 ordered to third reading cal.1825
Jun 08, 2016	reported and committed to rules
Apr 29, 2016	referred to finance

Votes

- Jun 15, 2016 - Floor Vote
  A10095
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (2)
      
      Hassell-Thompson
      
      Sanders Jr.
      
      excused (1)
      
      Diaz
  Jun 15, 2016 - Rules Committee Vote
  S7430
  
  19
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2016
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Hassell-Thompson
      
      Parker
      
      aye wr (2)
      
      Montgomery
      
      Perkins
      
      absent (2)
      
      Espaillat
      
      Larkin
  Jun 8, 2016 - Finance Committee Vote
  S7430
  
  34
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 8, 2016
      
      aye (34)
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Dilan
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (1)
      
      Hassell-Thompson
      
      excused (2)
      
      Diaz
      
      Espaillat

co-Sponsors

2015-S7430 (ACTIVE) - Details

See Assembly Version of this Bill:: A10095
Law Section:: Executive Law
Laws Affected:: Amd §314, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S858, A1789
2019-2020: S958, S4991
2021-2022: S2651
2023-2024: S120

2015-S7430 (ACTIVE) - Summary

2015-S7430 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7430

 TITLE OF BILL :

An act to amend the executive law, in relation to directing the
director of the division of minority and women's business development
to provide for the certification of certain business entities owned by
an Indian nation or tribe for participation in the minority and women
owned business enterprise program

 PURPOSE :

To modify the state's MWBE certification process to enable businesses
that are wholly owned by Indian Nations and tribes to be certified as
an MWBE by New York State.

 SUMMARY OF PROVISIONS :

Amends Executive Law § 314, the Minority and Women-Owned Business
Enterprise (MWBE) certification statute, to provide a mechanism
through which a business wholly-owned by an Indian nation or tribe (as
that term is defined in Indian Law § 2) can be certified as a
minority-owned business under Executive Law § 314.

 JUSTIFICATION :

Empire State Development's Division of Minority and Women's Business
Development has determined that under current state law and
regulations, firms that are wholly-owned by Indian Nations and tribes
cannot be certified as Minority and Women-Owned businesses.

Many Indian Nation and tribes use wholly-owned corporate entities as a
means of developing their local economies. Unlike a privately owned
company, all of the profits of a Nation or tribally-owned entity go
back into the tribal corporation and/or the Indian Nation or tribe's
general budget, to be used for education, health care, infrastructure
and transportation, among other things. With many Indian Nations and
tribes having high rates of poverty, unemployment, seniors and chronic
illnesses, tribally-owned businesses support the economic empowerment,
growth and health and well-being of historically disadvantaged people.

New York State is promoting greater use of minority and women-owned
business enterprises as a means of addressing systemic discrimination
and creating new economic opportunities. Unfortunately, these efforts
do not recognize an important and valued segment of the state's
minority population.

Following the existing policies of the U.S. Small business
Administration's 8(a) program, this measure will ensure that state's
MWBE program is able to certify Indian Nation-owned businesses as
MWBEs.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the state or local governments

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7430 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7430

                            I N  S E N A T E

                             April 29, 2016
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 directing the director
  of the division  of  minority  and  women's  business  development  to
  provide for the certification of certain business entities owned by an
  Indian  nation  or  tribe  for participation in the minority and women
  owned business enterprise program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 314 of the executive law is amended by adding a new
subdivision 2-b to read as follows:
  2-B.  THE  DIRECTOR SHALL ESTABLISH A PROCEDURE ENABLING THE OFFICE TO
APPROVE AN APPLICATION BY A BUSINESS ENTITY THAT IS WHOLLY  OWNED  BY  A
INDIAN  NATION OR TRIBE, AS DEFINED IN SECTION TWO OF THE INDIAN LAW, IN
LIEU OF REQUIRING THE APPLICANT  TO  COMPLETE  THE  STATE  CERTIFICATION
PROCESS.
  S 2. This act shall take effect immediately; provided, that the amend-
ments  to  article 15-A of the executive law made by section one of this
act shall not affect the expiration of such  article  and  shall  expire
therewith.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15013-01-6

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Senate Bill S7430

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Sponsored By

Catharine Young