NY State Senate Bill 2023-S7836A

Senate Bill S7836A

2023-2024 Legislative Session

Requires the director of the division of minority and women's business development in the department of economic development to give additional time for a business enterprise to cure defects

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	referred to governmental operations delivered to assembly passed senate
Feb 28, 2024	advanced to third reading
Feb 27, 2024	2nd report cal.
Feb 26, 2024	1st report cal.503
Feb 20, 2024	print number 7836a
Feb 20, 2024	amend and recommit to procurement and contracts
Jan 03, 2024	referred to procurement and contracts
Dec 27, 2023	referred to rules

Votes

- Jun 4, 2024 - Floor Vote
  S7836A
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Skoufis
      
      excused (1)
      
      Walczyk
  Feb 26, 2024 - Procurement And Contracts Committee Vote
  S7836A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: Feb 26, 2024
      
      aye (5)
      
      Cooney
      
      Gonzalez
      
      Rolison
      
      Stavisky
      
      Webb
      
      aye wr (2)
      
      Martins
      
      Sanders Jr.

Bill Amendments

Original

A (Active)

2023-S7836 - Details

See Assembly Version of this Bill:: A8468
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §314, Exec L

2023-S7836 - Summary

Requires the director of the division of minority and women's business development in the department of economic development to give additional time for a business enterprise to cure defects in its application for certification or correct defects when a certification is revoked.

2023-S7836 - Sponsor Memo

                                 
BILL NUMBER: S7836

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the executive law, in relation to extending the time for
a business enterprise to cure defects in an application for certif-
ication and curing defects where a certification was revoked

 
PURPSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a curing period for applica-
tions submitted by minority and women owned businesses enterprises to
the statewide certification program.

Section 1 of this bill would establish a curing period of sixty days for
minority or women owned business enterprises that were denied or revoked
from the statewide certification program due to an omission or technical
error.

Section 2 of this bill provides that the effective date shall take
effect immediately; provided, however, that the amendments to article
15-A of the executive law made by section one of this act shall not

affect the repeal of such article and shall be deemed repealed there-
with.

 
JUSTIFICATION:

Minority and Women-Owned Business Enterprises (MWBEs) have served as
effective economic engines. Since 1988, the program has assisted state
agencies engaged in contracting activities to award a fair share of
state contracts to MWBEs, reviewed applications by businesses seeking
certification as an MWBE, and promoted the business development of MWBEs
through education and outreach. The program has allowed thousands of
businesses, new and old, to flourish in the state for thirty-five years.

However, as has been reported extensively in the press, MWBEs have
habitually been subject to delays in certification, creating an unknown
amount of lost MWBE revenue. In fact, only recently, as of November 15,
2023, has the State been able to clear a thousands long backlog of MWBE
candidates. Even business enterprises that have previously qualified for
MWBE certification have faced delays and sudden revocation of status,
complicating a process that should be easy and seamless. Business owners
need the ability to know the status of MWBE applications and be able to
remedy them, if needed, in a quick and efficient manner.

The recent un-logged backlog is a milestone to celebrate; however, steps
need to be taken to ensure that a backlog does not jam up the program
again. Enabling business enterprises to fix technical errors or inad-
vertent errors is one step in ensuring the continued success of the MWBE
program and can prevent another backlog. This bill would establish a
curing period of sixty days for minority or women owned business enter-
prises that were denied or revoked from the statewide certification
program due to an omission or technical error.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided,however,that the amend-
ments to article 15-A of the executive law made by section one of this
act shall not affect the repeal of such article and shall be deemed
repealed therewith.

2023-S7836 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7836
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 27, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to extending the time for
   a business enterprise to cure defects in an  application  for  certif-
   ication and curing defects where a certification was revoked

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section  314  of  the  executive  law,  as
 amended  by  chapter  96  of  the  laws  of  2019, is amended to read as
 follows:
   3. Following application for certification pursuant to  this  section,
 the  director  shall  provide  the  applicant with written notice of the
 status of the application, including notice of any outstanding deficien-
 cies, within twenty-one days. Within forty-five days of submission of  a
 final  completed  application,  the director shall provide the applicant
 with written notice of a determination by the office approving or  deny-
 ing such certification and, in the event of a denial a statement setting
 forth  the  reasons  for  such  denial.  UPON A DETERMINATION DENYING OR
 REVOKING CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH  CERTIFICATION
 HAS  BEEN SO DENIED OR REVOKED SHALL BE ENTITLED TO AN EXTENSION OF TIME
 NOT TO EXCEED SIXTY DAYS FOR CURING AN OMISSION OR TECHNICAL  ERROR,  AS
 SUCH  TERMS  ARE DETERMINED BY THE DIRECTOR, ON THE APPLICATION FOR SUCH
 CERTIFICATION, WHICH SHALL ALLOW THE BUSINESS ENTERPRISE TO  IMMEDIATELY
 RE-APPLY  TO  THE  STATEWIDE  CERTIFICATION  PROGRAM UPON REMEDY OF SUCH
 APPLICATION. Upon a  determination  denying  or  revoking  certification
 OTHER  THAN FROM AN OMISSION OR TECHNICAL ERROR, the business enterprise
 for which certification has been so denied or revoked shall, upon  writ-
 ten  request  made  within [thirty] SIXTY days from receipt of notice of
 such determination, be entitled to a hearing before an independent hear-
 ing officer designated for such purpose by the director.  In  the  event
 that  a request for a hearing is not made within such thirty day period,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13646-01-3

 S. 7836                             2
 
 such determination shall be deemed to be final. The independent  hearing
 officer shall conduct a hearing and upon the conclusion of such hearing,
 issue  a  written  recommendation  to the director to affirm, reverse or
 modify  such  determination of the director. Such written recommendation
 shall be issued to the parties. The director,  within  thirty  days,  by
 order,  must accept, reject or modify such recommendation of the hearing
 officer and set forth in writing  the  reasons  therefor.  The  director
 shall  serve a copy of such order and reasons therefor upon the business
 enterprise by personal service  or  by  certified  mail  return  receipt
 requested. The order of the director shall be subject to review pursuant
 to article seventy-eight of the civil practice law and rules.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 3 of section 314 of the executive law made
 by section one of this act shall not affect the repeal of  such  section
 and shall be deemed repealed therewith.

2023-S7836A (ACTIVE) - Details

See Assembly Version of this Bill:: A8468
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §314, Exec L

2023-S7836A (ACTIVE) - Summary

2023-S7836A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7836A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the executive law, in relation to extending the time for
a business enterprise to cure defects in an application for certif-
ication and curing defects where a certification was revoked

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a curing period for applica-
tions submitted by minority and women owned businesses enterprises to
the statewide certification program.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would establish a curing period of sixty days for
minority or women owned business enterprises that were denied or revoked
from the statewide certification program due to an omission or technical
error and make technical amendments.

Section 2 of this bill provides that the effective date shall take
effect immediately; provided, however, that the amendments to article
15-A of the executive law made by section one of this act shall not
affect the repeal of such article and shall be deemed repealed there-
with.

 
JUSTIFICATION:

Minority and Women-Owned Business Enterprises (MWBEs) have served as
effective economic engines. Since 1988, the program has assisted state
agencies engaged in contracting activities to award a fair share of
state contracts to MWBEs, reviewed applications by businesses seeking
certification as an MWBE, and promoted the business development of MWBEs
through education and outreach. The program has allowed thousands of
businesses, new and old, to flourish in the state for thirty-five years.

However, as has been reported extensively in the press, MWBEs have
habitually been subject to delays in certification, creating an unknown
amount of lost MWBE revenue. In fact, only recently, as of November 15,
2023, has the State been able to clear a thousands long backlog of MWBE
candidates. Even business enterprises that have previously qualified for
MWBE certification have faced delays and sudden revocation of status,
complicating a process that should be easy and seamless. Business owners
need the ability to know the status of MWBE applications and be able to
remedy them, if needed, in a quick and efficient manner.

The recent un-logged backlog is a milestone to celebrate; however, steps
need to be taken to ensure that a backlog does not jam up the program
again. Enabling business enterprises to fix technical errors or inad-
vertent errors is one step in ensuring the continued success of the MWBE
program and can prevent another backlog. This bill would establish a
curing period of sixty days for minority or women owned business enter-
prises that were denied or revoked from the statewide certification
program due to an omission or technical error.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided,however,that the amend-
ments to article 15-A of the executive law made by section one of this
act shall not affect the repeal of such article and shall be deemed
repealed therewith.

2023-S7836A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7836--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 27, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on Procurement and Contracts in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the executive law, in relation to extending the time for
   a  business  enterprise  to cure defects in an application for certif-
   ication and curing defects where a certification was revoked
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section  314 of the executive law, as
 amended by chapter 96 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   3.  Following  application for certification pursuant to this section,
 the director shall provide the applicant  with  written  notice  of  the
 status of the application, including notice of any outstanding deficien-
 cies,  within twenty-one days. Within forty-five days of submission of a
 final completed application, the director shall  provide  the  applicant
 with  written notice of a determination by the office approving or deny-
 ing such certification and, in the event of a denial a statement setting
 forth the reasons for such  denial.  UPON  A  DETERMINATION  DENYING  OR
 REVOKING  CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION
 HAS BEEN SO DENIED OR REVOKED SHALL BE ENTITLED TO AN EXTENSION OF  TIME
 NOT  TO  EXCEED SIXTY DAYS FOR CURING AN OMISSION OR TECHNICAL ERROR, AS
 SUCH TERMS ARE DETERMINED BY THE DIRECTOR, ON THE APPLICATION  FOR  SUCH
 CERTIFICATION,  WHICH SHALL ALLOW THE BUSINESS ENTERPRISE TO IMMEDIATELY
 RE-APPLY TO THE STATEWIDE CERTIFICATION  PROGRAM  UPON  REMEDY  OF  SUCH
 APPLICATION.  Upon  a  determination  denying  or revoking certification
 OTHER THAN FROM AN OMISSION OR TECHNICAL ERROR, the business  enterprise
 for  which certification has been so denied or revoked shall, upon writ-
 ten request made within [thirty] SIXTY days from receipt  of  notice  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13646-02-4

 S. 7836--A                          2
 
 such determination, be entitled to a hearing before an independent hear-
 ing  officer  designated  for such purpose by the director. In the event
 that a request for a hearing is not made within such [thirty] SIXTY  day
 period,  such determination shall be deemed to be final. The independent
 hearing officer shall conduct a hearing and upon the conclusion of  such
 hearing,  issue  a  written  recommendation  to  the director to affirm,
 reverse or modify such  determination  of  the  director.  Such  written
 recommendation  shall  be  issued  to  the parties. The director, within
 thirty days, by order, must accept, reject or modify such recommendation
 of the hearing officer and set forth in writing  the  reasons  therefor.
 The  director shall serve a copy of such order and reasons therefor upon
 the business enterprise by personal service or by certified mail  return
 receipt  requested. The order of the director shall be subject to review
 pursuant to article seventy-eight of the civil practice law and rules.
   § 2. This act shall take effect immediately; provided,  however,  that
 the amendments to subdivision 3 of section 314 of the executive law made
 by  section  one of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.

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