Assembly Bill A3955

2023-2024 Legislative Session

Relates to criteria for certification by the division of minority and women's business development of MWBE status; repealer

download bill text pdf

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Current Bill Status - In Assembly Committee


  • 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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2023-A3955 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §§314 & 310, rpld §310 sub 19, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9977
2019-2020: A6223
2021-2022: A6729

2023-A3955 (ACTIVE) - Summary

Relates to criteria for certification by the division of minority and women's business development of MWBE status; replaces the personal net worth limitation with a requirement that a business have been awarded contracts by one or more agencies within the past three years where the total state funding received by the enterprise from the expense and capital budgets for such contracts was equal to or greater than sixty million dollars.

2023-A3955 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3955
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to criteria  for  certif-
   ication  by  the division of minority and women's business development
   of minority and women-owned business enterprise status; and to  repeal
   subdivision  19  of section 310 of such law relating to the definition
   of personal net worth
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 2-a of section 314 of the
 executive law, as amended by chapter 96 of the laws of 2019, clause  (i)
 as  amended  by  chapter  669 of the laws of 2022, is amended to read as
 follows:
   (a) The director shall establish a procedure enabling  the  office  to
 accept  New  York  municipal  corporation certification verification for
 minority and women-owned  business  enterprise  applicants  in  lieu  of
 requiring the applicant to complete the state certification process. The
 director  shall  promulgate  rules and regulations to set forth criteria
 for the acceptance of municipal corporation certification. All  eligible
 municipal  corporation certifications shall require business enterprises
 seeking certification to meet the following standards:
   (i) have at least fifty-one percent  ownership  by  a  minority  or  a
 women-owned  enterprise and be owned by United States citizens or perma-
 nent 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;
   (iv) be an enterprise authorized to do business in this state;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06415-01-3
 A. 3955                             2
              

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