NY State Senate Bill 2023-S5631

Senate Bill S5631

2023-2024 Legislative Session

Replaces instances of the words or variations of the words American Indian with the words Indigenous peoples or a variation thereof

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Current Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cultural affairs, tourism, parks and recreation
Mar 09, 2023	referred to cultural affairs, tourism, parks and recreation

co-Sponsors

2023-S5631 (ACTIVE) - Details

Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §3.07, Arts & Cul L; amd §87, Cannabis L; amd §210, Ec Dev L; amd §29, Cor L; amd §341-a, Ed L; amd §52-0113, En Con L; amd §§310 & 821, Exec L; amd Pub Auth L, generally; amd §428, Transp L; amd §9-b, Fac Dev Corp Act; amd §16-b, NYS Med Care Fac Fin Ag Act; amd §3, UDC Act
Versions Introduced in 2021-2022 Legislative Session:: S7274

2023-S5631 (ACTIVE) - Summary

Replaces instances of the words or variations of the words American Indian with the words Indigenous peoples or a variation thereof.

2023-S5631 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5631

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the arts and cultural affairs law, the cannabis law, the
economic development law, the correction law, the education law, the
environmental conservation law, the executive law, the public authori-
ties law, the transportation law, the facilities development corporation
act, the New York state medical care facilities finance agency act and
the New York state urban development corporation act, in relation to
replacing instances of the words or variations of the words American
Indian with the words Indigenous peoples or a variation thereof

 
PURPOSE:

The purpose of this legislation is to replace "American Indian" and its
variations with the culturally and geographically correct term "Indige-
nous peoples."

 
SUMMARY OF PROVISIONS:

Section 1 amends subparagraph (i) of paragraph (c) of subdivision 12 of
Section 3.07 of the Arts and Cultural Affairs Law to change "American
Indian" to "Indigenous peoples."

Section 2 amends subparagraph (ii) of paragraph (b) of subdivision 5 of
Section 87 of the Cannabis Law to change "Indian" to "Indigenous."

Section 3 amends subdivision 3 and paragraphs (b) and (d) of subdivision
4 of Section 210 of the Economic Development Law to change "American
Indian" to "Indigenous peoples" and "Indian" to "Indigenous."

Section 4 amends subdivision 1 of Section 29 of the Correction Law to
change "American Indian" to "Indigenous peoples."

Section 5 amends paragraph a of subdivision 2 of section 341-A of the
Education Law to change "American Indian" to "Indigenous peoples."

Section 6 amends paragraph a of subdivision 1 of Section 52-0113 of the
Environmental Conservation Law to change "American Indian" to "Indige-
nous peoples."

Section 7 amends paragraph (b) of subdivision 8 of Section 310 of the
Executive Law to change "Indian" to "Indigenous."

Section 8 amends paragraph (b) of subdivision 6 of Section 821 of the
Executive Law to change "Indian" to "Indigenous."

Section 9 amends subdivision 3 of Section 1020-V of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."

Section 10 amends subdivision 3 of Section 1045-X of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."

Section 11 amends subdivision 3 of Section 1048-X of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."


Section 12 amends subdivision 3 of Section 1115-X of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."

Section 13 amends subdivision 3 of Section 1197-Q of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."

Section 14 amends subdivision 3 of Section 1199-V of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."

Section 15 amends subparagraph (i) of paragraph (a) of subdivision 14 of
Section 1266-C of the Public Authorities Law to change "American Indian"
to "Indigenous peoples."

Section 16 amends Section 1974-D of the Public Authorities Law to change
"American Indian" to "Indigenous peoples."

Section 17 amends subdivision 3 of Section 2050-V of the Public Authori-
ties Law to change "American Indian" to "Indigenous peoples."

Section 18 amends subdivision 4 of Section 2799-GGGG of the Public
Authorities Law to change "American Indian" to "Indigenous peoples."

Section 19 amends subparagraph (ii) of paragraph (d) of subdivision 3 of
Section 2879 of the Public Authorities Law to change "Indian" to
"Indigenous."

Section 20 amends paragraph a of subdivision 2 of Section 428 of the
Transportation Law to change "American Indian" to "Indigenous peoples."

Section 21 amends paragraph (a) of subdivision 1 of section 9-b of
Section 1 of the Facilities Development Corporation Act to change "Amer-
ican Indian" to "Indigenous peoples."

Section 22 amends paragraph a of subdivision 1 of section 16-b of
Section 1 of the New York State Medical Care Facilities Finance Agency
Act to change "American Indian" to "Indigenous peoples."

Section 23 amends paragraphs (b) and (d) of subdivision 19 of section 3
of Section 1 of the New York State Urban Development Corporation Act to
change "American Indian" to "Indigenous peoples" and "Indian" to
"Indigenous."

Section 24 is the effective date.

 
JUSTIFICATION:

Words matter. As powerful tools that convey meaning and intent, words
have the full force and effect of law. The improper term "American Indi-
an" to refer to persons of indigenous descent holds xenophobic impli-
cations. These individuals are descendants of persons native to the
American continent who did not arrive from colonial European empires,
Asia, Africa, India, or any other continent. The continued use of "Amer-
ican Indian" and its variations perpetuates the racist stereotype that
Indigenous persons are foreign rather than native to the American conti-
nent. If our society wants to evolve, we must use the correct terminol-
ogy to reference and honor Indigenous American peoples.

 
LEGISLATIVE HISTORY:
2021-2022: S.7274 - Referred to Cultural Affairs, Tourism, Parks and
Recreation

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to subdivision 8 of Section 310 of the Executive Law made by
section 7 of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; provided further that the amendments
to subdivision 6 of Section 821 of the Executive Law made by section 8
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

2023-S5631 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5631
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON, COMRIE, HOYLMAN-SIGAL, MYRIE, SALAZAR --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Cultural Affairs, Tourism, Parks and Recreation
 
 AN ACT to amend the arts and cultural affairs law, the cannabis law, the
   economic  development  law, the correction law, the education law, the
   environmental conservation law, the executive law, the public authori-
   ties law, the transportation law, the  facilities  development  corpo-
   ration  act, the New York state medical care facilities finance agency
   act and the New York  state  urban  development  corporation  act,  in
   relation  to  replacing  instances  of  the words or variations of the
   words American Indian with the words Indigenous peoples or a variation
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subparagraph (i) of paragraph (c)
 of subdivision 12 of section 3.07 of the arts and cultural affairs  law,
 as  amended  by  chapter  255 of the laws of 1988, is amended to read as
 follows:
   In the performance of projects pursuant to this section, minority  and
 women-owned  business  enterprises  shall  be  given the opportunity for
 meaningful participation. For purposes hereof, minority business  enter-
 prise shall mean any business enterprise which is at least fifty-one per
 centum  owned  by, or in the case of a publicly owned business, at least
 fifty-one per centum of the stock or other voting interest is  owned  by
 citizens  or  permanent  resident aliens who are Black, Hispanic, Asian,
 [American Indian]  INDIGENOUS  PEOPLES,  Pacific  Islander,  or  Alaskan
 native,  and such ownership interest is real, substantial and continuing
 and has the authority to independently control the day to  day  business
 decisions  of the entity for at least one year; and women-owned business
 enterprise shall mean any business enterprise which is at  least  fifty-
 one per centum owned by, or in the case of a publicly owned business, at
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09434-01-3

 S. 5631                             2
 
 least  fifty-one  per  centum  of the stock to other voting interests of
 which is owned by citizens or permanent resident aliens who  are  women,
 and  such ownership interest is real, substantial and continuing and has
 the authority to independently control the day to day business decisions
 of the entity for at least one year.
   § 2. Subparagraph (ii) of paragraph (b) of subdivision 5 of section 87
 of the cannabis law is amended to read as follows:
   (ii)  Hispanic  persons  of  Mexican,  Puerto Rican, Dominican, Cuban,
 Central or South American of  either  [Indian]  INDIGENOUS  or  Hispanic
 origin, regardless of race;
   §  3.  Subdivision  3  and  paragraphs (b) and (d) of subdivision 4 of
 section 210 of the economic development law, as amended by  chapter  669
 of the laws of 2022, are amended to read as follows:
   3.  "Minority  business enterprise" shall mean any business enterprise
 which is at least fifty-one per centum owned by, or in  the  case  of  a
 publicly  owned  business  at least fifty-one per centum of the stock of
 which is owned by, citizens or permanent resident  noncitizens  who  are
 Black,  Hispanic, Asian or [American Indian] INDIGENOUS PEOPLES, Pacific
 Islander or Alaskan  Native  where  such  ownership  interest  is  real,
 substantial  and continuing and where such persons have the authority to
 independently control the day-to-day business decisions of the entity.
   (b) Hispanic persons  of  Mexican,  Puerto  Rican,  Dominican,  Cuban,
 Central  or South American descent of either [Indian] INDIGENOUS PEOPLES
 or Hispanic origin, regardless of race;
   (d) [American Indian] INDIGENOUS PEOPLES  or  Alaskan  Native  persons
 having origins in any of the original peoples of North America.
   §  4. Subdivision 1 of section 29 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   1. The department shall continue to  collect,  maintain,  and  analyze
 statistical  and  other  information  and  data  with respect to persons
 subject to the jurisdiction of the department, including but not limited
 to: (a) the number of such persons: placed in the custody of the depart-
 ment, assigned to a  specific  department  program,  accorded  community
 supervision and declared delinquent, recommitted to a state correctional
 institution upon revocation of community supervision, or discharged upon
 maximum  expiration  of  sentence;  (b)  the  criminal  history  of such
 persons; (c) the social, educational, and  vocational  circumstances  of
 any  such  persons;  (d)  the  institutional  and  community supervision
 programs and the behavior of such persons; and, (e) the  military  back-
 ground  and  circumstances,  if  such person served in the United States
 armed forces.  Provided, however, in the event any statistical  informa-
 tion  on the ethnic background of the incarcerated individual population
 of a correctional facility or facilities is collected by the department,
 such statistical information shall contain, but not be limited  to,  the
 following  ethnic categories: (i) Caucasian; (ii) Asian; (iii) [American
 Indian] INDIGENOUS PEOPLES; (iv) Afro-American/Black;  and  (v)  Spanish
 speaking/Hispanic  which  category shall include, but not be limited to,
 the following  subcategories  consisting  of:  (1)  Puerto  Ricans;  (2)
 Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
   §  5.  Paragraph  a of subdivision 2 of section 341-a of the education
 law, as added by chapter 171 of the laws of 1987, is amended to read  as
 follows:
   a.  The  test  subject's  race  or  ethnicity, including the following
 groups:   Black, White, [American  Indian]  INDIGENOUS  PEOPLES,  Asian,
 Hispanic or other;
 S. 5631                             3

   §  6. The opening paragraph of paragraph a of subdivision 1 of section
 52-0113 of the environmental conservation law, as amended by chapter 669
 of the laws of 2022, is amended to read as follows:
   In  the  performance of projects pursuant to this article minority and
 women-owned business enterprises shall  be  given  the  opportunity  for
 meaningful  participation.  The department or the office shall establish
 measures and procedures to secure meaningful participation and  identify
 those  contracts  and  items  of work for which minority and women-owned
 business enterprises may best bid to actively and affirmatively  promote
 and  assist their participation in the projects, so as to facilitate the
 award of a fair share of contracts to such enterprises; provided, howev-
 er, that nothing in this article shall be construed to limit the ability
 of the department or  office  to  assure  that  qualified  minority  and
 women-owned  business  enterprises  may  participate in the program. For
 purposes hereof, minority business enterprise shall  mean  any  business
 enterprise  which  is  at least fifty-one per centum owned by, or in the
 case of a publicly owned business, at least fifty-one per centum of  the
 stock  of  which  is owned by citizens or permanent resident noncitizens
 who are Black, Hispanic, Asian or [American Indian] INDIGENOUS  PEOPLES,
 Pacific Islander or Alaskan natives and such ownership interest is real,
 substantial  and  continuing  and  have  the  authority to independently
 control the day to day business decisions of the entity for at least one
 year; and women-owned business enterprise shall mean any business enter-
 prise which is at least fifty-one per centum owned by, or in the case of
 a publicly owned business, at least fifty-one per centum of the stock of
 which is owned by citizens or permanent  resident  noncitizens  who  are
 women,  and  such ownership interest is real, substantial and continuing
 and have the authority to independently control the day to day  business
 decisions of the entity for at least one year.
   §  7.  Paragraph  (b) of subdivision 8 of section 310 of the executive
 law, as amended by chapter 96 of the laws of 2019, is amended to read as
 follows:
   (b) Hispanic/Latino  persons  of  Mexican,  Puerto  Rican,  Dominican,
 Cuban,  Central  or  South  American  of  either  [Indian] INDIGENOUS or
 Hispanic origin, regardless of race;
   § 8. Paragraph (b) of subdivision 6 of section 821  of  the  executive
 law,  as  added by chapter 96 of the laws of 2019, is amended to read as
 follows:
   (b) Hispanic/Latino  persons  of  Mexican,  Puerto  Rican,  Dominican,
 Cuban,  Central  or  South  American  of  either  [Indian] INDIGENOUS or
 Hispanic origin, regardless of race;
   § 9. The opening paragraph of subdivision 3 of section 1020-v  of  the
 public  authorities  law, as amended by chapter 669 of the laws of 2022,
 is amended to read as follows:
   In the performance of projects pursuant to this  title,  minority  and
 women-owned  business  enterprises  shall  be  given the opportunity for
 meaningful participation. The  authority  shall  establish  quantifiable
 standards and measures and procedures to secure meaningful participation
 and  identify  those  contracts and items of work for which minority and
 women-owned business enterprises may best bid to actively  and  affirma-
 tively  promote  and  assist  their  participation in projects, so as to
 facilitate the award of a fair share of contracts to  such  enterprises;
 provided,  however,  that  nothing  in  this title shall be construed to
 limit the ability of the authority to assure that qualified minority and
 women-owned business enterprises may participate  in  the  program.  For
 purposes  hereof,  minority  business enterprise shall mean any business
 S. 5631                             4
 
 enterprise which is at least fifty-one per centum owned by,  or  in  the
 case  of a publicly owned business, at least fifty-one per centum of the
 stock or other voting interest is owned by citizens or  permanent  resi-
 dent  noncitizens  who  are  Black,  Hispanic,  Asian, [American Indian]
 INDIGENOUS PEOPLES, Pacific islander, or Alaskan native, and such owner-
 ship interest is real, substantial and continuing and has the  authority
 to independently control the day to day business decisions of the entity
 for  at  least  one year; and women-owned business enterprise shall mean
 any business enterprise which is at least fifty-one per centum owned by,
 or in the case of a publicly owned  business,  at  least  fifty-one  per
 centum of the stock to other voting interests of which is owned by citi-
 zens or permanent resident noncitizens who are women, and such ownership
 interest  is  real,  substantial and continuing and has the authority to
 independently control the day to day business decisions  of  the  entity
 for at least one year.
   §  10.  Subdivision 3 of section 1045-x of the public authorities law,
 as amended by chapter 669 of the laws of 2022, is  amended  to  read  as
 follows:
   3.  Any  contracting  agency  empowered to award contracts for design,
 construction, services or materials shall seek meaningful  participation
 in  the  performance  of  contracts by minority business enterprises and
 shall establish measures and procedures to identify those contracts  and
 items  of  work  for which minority business enterprises may best bid to
 actively and affirmatively promote and assist their participation so  as
 to  facilitate  the  award  of  a fair share of contracts to such enter-
 prises. For purposes hereof, "minority business enterprise"  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 noncitizens who are Black, Hispanic, Asian, [American Indian] INDIGENOUS
 PEOPLES  or  women, and such ownership interest is real, substantial and
 continuing. The provisions of this subdivision shall not be construed to
 limit the ability of any minority business  enterprise  to  bid  on  any
 contract.
   §  11.  Subdivision 3 of section 1048-x of the public authorities law,
 as amended by chapter 669 of the laws of 2022, is  amended  to  read  as
 follows:
   3.  Any  contracting  agency  empowered to award contracts for design,
 construction, services or materials shall seek meaningful  participation
 in  the  performance  of  contracts by minority business enterprises and
 shall establish measures and procedures to identify those contracts  and
 items  of  work  for which minority business enterprises may best bid to
 actively and affirmatively promote and assist their participation so  as
 to  facilitate  the  award  of  a fair share of contracts to such enter-
 prises. For purposes hereof, "minority business enterprise"  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 noncitizens who are Black, Hispanic, Asian, [American Indian] INDIGENOUS
 PEOPLES  or  women, and such ownership interest is real, substantial and
 continuing. The provisions of this subdivision shall not be construed to
 limit the ability of any minority business  enterprise  to  bid  on  any
 contract.
   §  12.  Subdivision 3 of section 1115-x of the public authorities law,
 as amended by chapter 669 of the laws of 2022, is  amended  to  read  as
 follows:
 S. 5631                             5
 
   3.  Any  contracting  agency  empowered to award contracts for design,
 construction, services or materials shall seek meaningful  participation
 in  the  performance  of  contracts by minority business enterprises and
 shall establish measures and procedures to identify those contracts  and
 items  of  work  for which minority business enterprises may best bid to
 actively and affirmatively promote and assist their participation so  as
 to  facilitate  the  award  of  a fair share of contracts to such enter-
 prises. For purposes hereof, "minority business enterprise"  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 noncitizens who are Black, Hispanic, Asian, [American Indian] INDIGENOUS
 PEOPLES  or  women, and such ownership interest is real, substantial and
 continuing. The provisions of this subdivision shall not be construed to
 limit the ability of any minority business  enterprise  to  bid  on  any
 contract.
   §  13.  Subdivision 3 of section 1197-q of the public authorities law,
 as amended by chapter 669 of the laws of 2022, is  amended  to  read  as
 follows:
   3.  The  authority shall seek meaningful participation in the perform-
 ance of contracts by minority business enterprises and  shall  establish
 measures  and  procedures  to identify those contracts and items of work
 for which minority business enterprises may best  bid  to  actively  and
 affirmatively promote and assist their participation so as to facilitate
 the award of a fair share of contracts to such enterprises. For purposes
 hereof,  "minority  business  enterprise" shall mean any business enter-
 prise which is at least fifty-one per centum owned by, or in the case of
 a publicly owned business, at least fifty-one per centum of the stock of
 which is owned by citizens or permanent  resident  noncitizens  who  are
 Black,  Hispanic,  Asian, [American Indian] INDIGENOUS PEOPLES or women,
 and such ownership interest is real,  substantial  and  continuing.  The
 provisions of this subdivision shall not be construed to limit the abil-
 ity of any minority business enterprise to bid on any contract.
   §  14.  Subdivision 3 of section 1199-v of the public authorities law,
 as amended by chapter 669 of the laws of 2022, is  amended  to  read  as
 follows:
   3.  Any  contracting  agency  empowered to award contracts for design,
 construction, services or materials shall seek meaningful  participation
 in  the  performance  of  contracts by minority business enterprises and
 shall establish measures and procedures to identify those contracts  and
 items  of  work  for which minority business enterprises may best bid to
 actively and affirmatively promote and assist their participation so  as
 to  facilitate  the  award  of  a fair share of contracts to such enter-
 prises. For purposes hereof, "minority business enterprise"  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 noncitizens who are Black, Hispanic, Asian, [American Indian] INDIGENOUS
 PEOPLES  or  women, and such ownership interest is real, substantial and
 continuing. The provisions of this subdivision shall not be construed to
 limit the ability of any minority business  enterprise  to  bid  on  any
 contract.
   §  15.  Subparagraph (i) of paragraph (a) of subdivision 14 of section
 1266-c of the public authorities law, as amended by chapter 669  of  the
 laws of 2022, is amended to read as follows:
 S. 5631                             6
 
   (i) In the performance of projects pursuant to this title minority and
 women-owned  business  enterprises  shall  be  given the opportunity for
 meaningful participation. The authority provided for in this title shall
 establish measures and procedures to secure meaningful participation and
 identify  those  contracts  and  items  of  work  for which minority and
 women-owned business enterprises may best bid to actively  and  affirma-
 tively  promote and assist their participation in the projects, so as to
 facilitate the award of a fair share of contracts to  such  enterprises;
 provided,  however,  that  nothing  in  this title shall be construed to
 limit the ability of the authority to assure that qualified minority and
 women-owned business enterprises may participate  in  the  program.  For
 purposes  hereof,  minority  business enterprise shall mean any business
 enterprise which is at least fifty-one per centum owned by,  or  in  the
 case  of a publicly owned business, at least fifty-one per centum of the
 stock of which is owned by citizens or  permanent  resident  noncitizens
 who  are Black, Hispanic, Asian or [American Indian] INDIGENOUS PEOPLES,
 Pacific Islander or Alaskan natives and such ownership interest is real,
 substantial and continuing  and  have  the  authority  to  independently
 control the day to day business decisions of the entity for at least one
 year; and women-owned business enterprise shall mean any business enter-
 prise which is at least fifty-one per centum owned by, or in the case of
 a publicly owned business, at least fifty-one per centum of the stock of
 which  is  owned  by  citizens or permanent resident noncitizens who are
 women, and such ownership interest is real, substantial  and  continuing
 and  have the authority to independently control the day to day business
 decisions of the entity for at least one year.
   The provisions of this paragraph shall not be construed to  limit  the
 ability of any minority or women-owned business enterprise to bid on any
 contract.
   §  16.  Section  1974-d  of  the public authorities law, as amended by
 chapter 669 of the laws of 2022, is amended to read as follows:
   § 1974-d. Contracts. In  connection  with  development,  construction,
 operations  and  maintenance  contracts  for  projects of the authority,
 minority and women-owned business enterprises and minority group members
 and women shall be given the opportunity for  meaningful  participation.
 The authority shall establish measures and procedures to secure meaning-
 ful  participation  by  minority and women-owned business enterprises on
 contracts for projects of the authority. Such  measures  and  procedures
 shall also promote the employment of minority group members and women on
 such contracts. For the purposes thereof, "minority business enterprise"
 shall  mean  any  business  enterprise  which  is at least fifty-one per
 centum owned by, or in the case of a publicly owned business,  at  least
 fifty-one  per  centum  of  the  stock  of which is owned by citizens or
 permanent resident noncitizens who are Black, Hispanic, Asian or [Ameri-
 can Indian] INDIGENOUS PEOPLES, and such  ownership  interest  is  real,
 substantial  and  continuing and "women-owned business enterprise" shall
 mean any business enterprise which is  at  least  fifty-one  per  centum
 owned  by,  or in the case of a publicly owned business, at least fifty-
 one percent of the stock of which is  owned  by  citizens  or  permanent
 resident  noncitizens who are women and such ownership interest is real,
 substantial and continuing. The provisions of this section shall not  be
 construed  to  limit the ability of any minority or women-owned business
 enterprise to bid on any contract. In order to  implement  the  require-
 ments  and  objectives of this section in connection with such projects,
 the authority shall be responsible for monitoring  compliance  with  the
 provisions  hereof,  providing advice on the availability of competitive
 S. 5631                             7
 
 qualified minority  and  women-owned  business  enterprises  to  perform
 contracts  proposed to be awarded, and making recommendations to improve
 the access of minority and women-owned  business  enterprises  to  these
 contracts.
   §  17.  Subdivision 3 of section 2050-v of the public authorities law,
 as amended by chapter 669 of the laws of 2022, is  amended  to  read  as
 follows:
   3. The agency in awarding contracts for design, construction, services
 or  materials, shall seek meaningful participation in the performance of
 contracts by minority business enterprises and shall establish  measures
 and  procedures  to identify those contracts and items of work for which
 minority business enterprises may best bid to actively and affirmatively
 promote and assist their participation so as to facilitate the award  of
 a  fair  share  of  contracts  to such enterprises. For purposes hereof,
 "minority business enterprise" shall mean any business enterprise  which
 is  at least fifty-one per centum owned by, or in the case of a publicly
 owned business, at least fifty-one per centum of the stock of  which  is
 owned  by  citizens  or  permanent  resident  noncitizens who are Black,
 Hispanic, Asian, [American Indian] INDIGENOUS PEOPLES or women, and such
 ownership interest is real, substantial and continuing.  The  provisions
 of  this  subdivision shall not be construed to limit the ability of any
 minority business enterprise to bid on any contract.
   § 18. Subdivision 4 of section 2799-gggg  of  the  public  authorities
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   4. The corporation shall seek  meaningful  participation  by  minority
 business  enterprises  in  the  programs  of  the  corporation and shall
 actively and affirmatively promote and assist their participation in the
 corporation's programs, so as to facilitate the award of a fair share of
 contracts to such enterprises. For purposes hereof,  "minority  business
 enterprise"  shall mean any business enterprise which is at least fifty-
 one per centum owned by, or in the case of publicly owned  business,  at
 least  fifty-one  per centum of the stock of which is owned by, citizens
 or permanent resident noncitizens who are Black, Hispanic, Asian, [Amer-
 ican Indian] INDIGENOUS PEOPLES or women, and such ownership interest is
 real, substantial and continuing.
   § 19. Subparagraph (ii) of paragraph (d) of subdivision 3  of  section
 2879  of  the  public  authorities law, as amended by chapter 669 of the
 laws of 2022, is amended to read as follows:
   (ii) Hispanic persons of  Mexican,  Puerto  Rican,  Dominican,  Cuban,
 Central  or  South  American  of  either [Indian] INDIGENOUS or Hispanic
 origin, regardless of race;
   § 20. Paragraph a of subdivision 2 of section 428 of  the  transporta-
 tion  law,  as amended by chapter 669 of the laws of 2022, is amended to
 read as follows:
   a.  In  the  performance  of  transportation  infrastructure   renewal
 projects,  minority  and women-owned business enterprises shall be given
 the opportunity for meaningful participation. The governor shall  estab-
 lish  measures  and  procedures  to  secure meaningful participation and
 identify those contracts and  items  of  work  for  which  minority  and
 women-owned  business  enterprises may best bid to actively and affirma-
 tively promote  and  assist  their  participation  in  the  department's
 construction  and  procurement program for transportation infrastructure
 renewal projects, so as to facilitate the  award  of  a  fair  share  of
 contracts  to  such enterprises; provided, however, that nothing in this
 article shall be construed to limit  the  ability  of  the  governor  to
 S. 5631                             8

 assure  that qualified minority and women-owned business enterprises may
 participate in the transportation infrastructure  renewal  program.  For
 purposes  hereof,  minority  business enterprise shall mean any business
 enterprise  which  is  at least fifty-one per centum owned by, or in the
 case of a publicly owned business, at least fifty-one per centum of  the
 stock  of  which  is owned by citizens or permanent resident noncitizens
 who are Black, Hispanic, Asian or [American Indian] INDIGENOUS  PEOPLES,
 and  such  ownership  interest  is real, substantial and continuing; and
 women-owned business enterprise shall mean any business enterprise which
 is at least fifty-one per centum owned by, or in the case of a  publicly
 owned  business,  at least fifty-one per centum of the stock of which is
 owned by citizens or permanent resident noncitizens who are  women,  and
 such ownership interest is real, substantial and continuing.
   The  provisions  of this paragraph shall not be construed to limit the
 ability of any minority business enterprise to bid on any contract.
   § 21. Paragraph (a) of subdivision 1 of section 9-b of  section  1  of
 chapter 359 of the laws of 1968, constituting the facilities development
 corporation  act,  as  amended  by  chapter  669 of the laws of 2022, is
 amended to read as follows:
   (a) Minority and women-owned business enterprises shall be  given  the
 opportunity  for  meaningful  participation in all contracts executed by
 the corporation pursuant to  the  provisions  of  this  act  other  than
 contracts the cost of which is borne solely by a municipality or munici-
 palities.  The  corporation  shall  establish measures and procedures to
 secure meaningful participation and identify those contracts  and  items
 of work for which minority and women-owned business enterprises may best
 bid to actively and affirmatively promote and assist their participation
 in  the  projects,  so  as  to  facilitate  the award of a fair share of
 contracts to such enterprises; provided, however, that nothing  in  this
 act shall be construed to limit the ability of the corporation to assure
 that qualified minority and women-owned business enterprises may partic-
 ipate  in the program. For purposes hereof, minority business enterprise
 shall mean any business enterprise  which  is  at  least  fifty-one  per
 centum  owned  by, or in the case of a publicly owned business, at least
 fifty-one per centum of the stock of  which  is  owned  by  citizens  or
 permanent resident noncitizens who are Black, Hispanic, Asian or [Ameri-
 can  Indian] INDIGENOUS PEOPLES, Pacific Islander or Alaskan natives and
 such ownership interest is real, substantial and continuing and have the
 authority to independently control the day to day business decisions  of
 the  entity  for  at least one year; and women-owned business enterprise
 shall mean any business enterprise  which  is  at  least  fifty-one  per
 centum  owned  by, or in the case of a publicly owned business, at least
 fifty-one per centum of the stock of  which  is  owned  by  citizens  or
 permanent  resident noncitizens who are women, and such ownership inter-
 est is real, substantial and continuing and have the authority to  inde-
 pendently control the day to day business decisions of the entity for at
 least one year.
   The  provisions  of this paragraph shall not be construed to limit the
 ability of any minority or women-owned business enterprise to bid on any
 contract.
   § 22. Paragraph a of subdivision 1 of section 16-b  of  section  1  of
 chapter 392 of the laws of 1973, constituting the New York state medical
 care  facilities  finance  agency  act, as amended by chapter 669 of the
 laws of 2022, is amended to read as follows:
   a. In the performance of projects pursuant to this  act  minority  and
 women-owned  business  enterprises  shall  be  given the opportunity for
 S. 5631                             9
 
 meaningful participation. The agency shall establish measures and proce-
 dures to secure meaningful participation and  identify  those  contracts
 and  items  of  work  for which minority and women-owned business enter-
 prises  may  best  bid  to actively and affirmatively promote and assist
 their participation in the projects, so as to facilitate the award of  a
 fair  share  of  contracts  to such enterprises; provided, however, that
 nothing in this act shall be construed to limit the ability of the agen-
 cy to assure that qualified minority  and  women-owned  business  enter-
 prises  may  participate  in  the program. For purposes hereof, minority
 business enterprise shall mean any business enterprise which is at least
 fifty-one per centum owned by, or in the case of a publicly owned  busi-
 ness,  at  least  fifty-one per centum of the stock of which is owned by
 citizens or permanent resident  noncitizens  who  are  Black,  Hispanic,
 Asian or [American Indian] INDIGENOUS PEOPLES, Pacific Islander or Alas-
 kan natives and such ownership interest is real, substantial and contin-
 uing  and  have  the  authority  to independently control the day to day
 business decisions of the entity for at least one year; and  women-owned
 business enterprise shall mean any business enterprise which is at least
 fifty-one  per centum owned by, or in the case of a publicly owned busi-
 ness, at least fifty-one per centum of the stock of which  is  owned  by
 citizens  or  permanent  resident  noncitizens  who  are women, and such
 ownership interest is real, substantial  and  continuing  and  have  the
 authority  to independently control the day to day business decisions of
 the entity for at least one year.
   The provisions of this paragraph shall not be construed to  limit  the
 ability of any minority or women-owned business enterprise to bid on any
 contract.
   § 23. Paragraphs (b) and (d) of subdivision 19 of section 3 of section
 1  of  chapter  174  of the laws of 1968 constituting the New York state
 urban development corporation act, as added by chapter 839 of  the  laws
 of 1987, is amended to read as follows:
   (b)  Hispanic  persons  of  Mexican,  Puerto  Rican, Dominican, Cuban,
 Central or South American  descent  of  either  [Indian]  INDIGENOUS  or
 Hispanic origin, regardless of race;
   (d)  [American  Indian]  INDIGENOUS  PEOPLES or Alaskan Native persons
 having origins in any of the original peoples of North America and main-
 taining identifiable tribal affiliations through membership and  partic-
 ipation or community identification.
   §  24. This act shall take effect immediately, provided, however, that
 the amendments to subdivision 8 of section 310 of the executive law made
 by section seven of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith; provided further that the amend-
 ments to subdivision 6 of section 821  of  the  executive  law  made  by
 section  eight  of  this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.

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Senate Bill S5631

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

co-Sponsors

Leroy Comrie

Brad Hoylman-Sigal

Zellnor Myrie

Julia Salazar

2023-S5631 (ACTIVE) - Details

2023-S5631 (ACTIVE) - Summary

2023-S5631 (ACTIVE) - Sponsor Memo

2023-S5631 (ACTIVE) - Bill Text download pdf

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