Senate Bill S8139A

2023-2024 Legislative Session

Relates to reciprocity between the state and New York city for businesses that are certified as minority and women-owned business enterprises

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Sponsored By

Current Bill Status - On Floor Calendar


  • 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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Bill Amendments

co-Sponsors

2023-S8139 - Details

See Assembly Version of this Bill:
A10324
Law Section:
Executive Law
Laws Affected:
Amd §314, Exec L

2023-S8139 - Summary

Authorizes the director of the division of minority and women's business development and the mayor of the city of New York to enter into a memorandum of understanding to allow reciprocity between the state and New York City for businesses that are certified as minority and women-owned business enterprises.

2023-S8139 - Sponsor Memo

2023-S8139 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8139
 
                             I N  S E N A T E
 
                              January 9, 2024
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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. Subdivision 2-a of section 314  of  the  executive  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE DIRECTOR AND A
 CITY WITH A POPULATION GREATER THAN ONE MILLION PERSONS, ACTING  THROUGH
 ITS  MAYOR, MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING SETTING FORTH A
 PROCEDURE THROUGH WHICH: (I) SUCH CITY SHALL ACCEPT AN APPLICANT'S STATE
 CERTIFICATION VERIFICATION  IN  LIEU  OF  REQUIRING  SUCH  APPLICANT  TO
 COMPLETE  SUCH  CITY'S PROCESS FOR CERTIFICATION AS A MINORITY OR WOMEN-
 OWNED BUSINESS ENTERPRISE OR MEET THE CERTIFICATION  STANDARDS  OF  SUCH
 CITY'S  MINORITY  AND  WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM; AND (II)
 THE OFFICE SHALL ACCEPT AN APPLICANT'S CITY  CERTIFICATION  VERIFICATION
 IN  LIEU  OF  REQUIRING AN APPLICANT TO COMPLETE THE PROCESS FOR CERTIF-
 ICATION AS A MINORITY OR WOMEN-OWNED BUSINESS  ENTERPRISE  OR  MEET  THE
 APPLICABLE  CERTIFICATION STANDARDS SET FORTH IN THIS ARTICLE; PROVIDED,
 HOWEVER, THAT SUCH MEMORANDUM OF UNDERSTANDING MAY INCLUDE ONE  OR  MORE
 EXCEPTIONS  IN CIRCUMSTANCES WHERE THE DIRECTOR AND SUCH MAYOR DETERMINE
 THAT SUCH EXCEPTIONS WOULD BE IN THE BEST INTERESTS OF BOTH SUCH  CITY'S
 PROGRAM  AND  THE PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.  NOTHING
 IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT THE DIRECTOR OR SUCH  CITY
 FROM  AMENDING  THEIR  RESPECTIVE  PROCESSES OR STANDARDS FOR CERTIFYING
 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES.
   § 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  subdivision  2-a of section 314 of the executive law made by section
 one of this act shall not affect the repeal of article 15-A of the exec-
 utive law pursuant to chapter 261 of the laws of 1988, as  amended,  and
 shall be deemed repealed therewith.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11217-01-3
              

co-Sponsors

2023-S8139A (ACTIVE) - Details

See Assembly Version of this Bill:
A10324
Law Section:
Executive Law
Laws Affected:
Amd §314, Exec L

2023-S8139A (ACTIVE) - Summary

Authorizes the director of the division of minority and women's business development and the mayor of the city of New York to enter into a memorandum of understanding to allow reciprocity between the state and New York City for businesses that are certified as minority and women-owned business enterprises.

2023-S8139A (ACTIVE) - Sponsor Memo

2023-S8139A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8139--A
     Cal. No. 504
 
                             I N  S E N A T E
 
                              January 9, 2024
                                ___________
 
 Introduced  by  Sens. SANDERS, FERNANDEZ, PARKER, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Procurement  and  Contracts -- reported favorably from said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading

 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;

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

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