S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10324--A
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Septimo) --
   read once and referred to the Committee on Governmental Operations  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive law, in relation  to  reciprocal  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. Paragraphs (a) and (b) of subdivision 2-a of section 314 of
 the executive law, as amended by chapter 96 of the laws of 2019, subpar-
 agraph (i) of paragraph (a) as amended by chapter 669  of  the  laws  of
 2022, are amended to read as follows:
   (a)  The director shall establish a procedure [enabling] REQUIRING the
 office to accept New York municipal corporation certification  verifica-
 tion for minority and women-owned business enterprise applicants in lieu
 of  requiring  the applicant to complete the state certification process
 SEPARATELY.  [The] ANY MUNICIPAL CORPORATION THAT CHOOSES  TO  USE  SUCH
 PROCEDURE SHALL FIRST ENTER INTO A MEMORANDUM OF UNDERSTANDING REGARDING
 ACCEPTANCE OF SUCH MUNICIPAL CORPORATION CERTIFICATION VERIFICATION WITH
 THE  OFFICE,  AND THE director shall promulgate rules and regulations to
 set forth criteria for the acceptance of municipal  corporation  certif-
 ication.  [All  eligible municipal corporation certifications] AN APPLI-
 CANT CERTIFIED IN LIEU OF COMPLETING  THE  STATE  CERTIFICATION  PROCESS
 SEPARATELY  PURSUANT TO THIS SECTION shall [require] MEET THE DEFINITION
 OF A MINORITY-OWNED business [enterprises seeking certification to  meet
 the following standards:
   (i)  have  at  least fifty-one percent ownership by a minority] ENTER-
 PRISE or a women-owned BUSINESS  enterprise  [and  be  owned  by  United
 States citizens or permanent resident noncitizens;
   (ii)  be  an  enterprise  in which the minority and/or women-ownership
 interest is real, substantial and continuing;
   (iii) be an enterprise in which the  minority  and/or  women-ownership
 has  and exercises the authority to control independently the day-to-day
 business decisions of the enterprise;

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

                                                            LBD11217-04-4
 A. 10324--A                         2

   (iv) be an enterprise authorized to do business in this state;
   (v)  be  subject to a physical site inspection to verify the fifty-one
 percent ownership requirement;
   (vi) be owned  by  an  individual  or  individuals,  whose  ownership,
 control and operation are relied upon for certification, with a personal
 net  worth  that  does not exceed fifteen million dollars and such other
 amount as the director shall set forth in regulations, as adjusted annu-
 ally for inflation according to the consumer price index; and
   (vii) be an enterprise that is a small business pursuant  to  subdivi-
 sion  twenty of] AS SET FORTH IN section three hundred ten of this arti-
 cle IN ORDER TO RECEIVE STATE CERTIFICATION.
   (b) The director shall work with all municipal corporations that  have
 a  municipal  minority  and  women-owned  business enterprise program to
 develop standards to accept state certification to  meet  the  municipal
 corporation  minority  and women-owned business enterprise certification
 standards WHENEVER A MUNICIPAL  CORPORATION  REQUESTS  ASSISTANCE.  UPON
 ENTERING INTO A MEMORANDUM OF UNDERSTANDING PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION, EACH MUNICIPAL CORPORATION THAT HAS A MUNICIPAL MINOR-
 ITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM SHALL ESTABLISH A PROCE-
 DURE REQUIRING SUCH MUNICIPALITY TO ACCEPT STATE CERTIFICATION VERIFICA-
 TION FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE APPLICANTS IN LIEU
 OF  REQUIRING APPLICANTS TO APPLY TO EACH ENTITY SEPARATELY. THE MUNICI-
 PAL CORPORATION SHALL DEVELOP RULES AND REGULATIONS IN ORDER  TO  ACCEPT
 STATE CERTIFICATION IN SITUATIONS WHERE AN APPLICANT WHO IS CERTIFIED AS
 A  MINORITY  OR  WOMEN-OWNED  BUSINESS ENTERPRISE PURSUANT TO THE LAW OR
 RULE FOR SUCH MUNICIPAL CORPORATION'S CERTIFICATION PROGRAM  ALSO  MEETS
 THE  DEFINITION  OF  A MINORITY-OWNED BUSINESS ENTERPRISE OR WOMEN-OWNED
 BUSINESS ENTERPRISE AS SET FORTH IN SECTION THREE HUNDRED  TEN  OF  THIS
 ARTICLE.
   §  2.  This  act  shall  take effect on the two hundred seventieth day
 after it shall have become a law; provided, however, that the amendments
 to paragraphs (a) and (b) of subdivision 2-a of section 314 of the exec-
 utive law made by section one of this act shall not affect the repeal of
 such section and shall be deemed repealed therewith.