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A01789 Summary:

BILL NOA01789
 
SAME ASSAME AS S00858
 
SPONSORPeoples-Stokes
 
COSPNSRSepulveda, Hyndman, Seawright, Bichotte, Blake
 
MLTSPNSRThiele, Wright
 
Amd 314, Exec L
 
Directs the director of the division of minority and women's business development to provide for the minority and women-owned business certification of business entities owned by Indian nations or tribes.
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A01789 Actions:

BILL NOA01789
 
01/13/2017referred to governmental operations
01/03/2018referred to governmental operations
03/06/2018reported
03/08/2018advanced to third reading cal.709
03/12/2018passed assembly
03/12/2018delivered to senate
03/12/2018REFERRED TO FINANCE
06/20/2018SUBSTITUTED FOR S858
06/20/20183RD READING CAL.2028
06/20/2018PASSED SENATE
06/20/2018RETURNED TO ASSEMBLY
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A01789 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1789
 
SPONSOR: Peoples-Stokes
  TITLE OF BILL: An act to amend the executive law, in relation to directing the director of the division of minority and women's business development to provide for the certification of certain business entities owned by an Indian nation or tribe for participation in the minority and women owned busi- ness enterprise program   PURPOSE: To modify the state's MWBE certification process to enable businesses that are wholly owned by Indian Nations and tribes to be certified as an MWBE by New York State.   SUMMARY OF PROVISIONS: Amends Executive Law § 314, the Minority and Women-Owned Business Enter- prise (MWBE) certification statute, to provide a mechanism through which a business wholly-owned by an Indian nation or tribe (as that term is defined in Indian Law § 2) can be certified as a minority-owned business under Executive Law § 314.   JUSTIFICATION: Empire State Development's Division of Minority and Women's Business Development has determined that under current state law and regulations, firms that are wholly-owned by Indian Nations and tribes cannot be certified as Minority and Women-Owned businesses. Many Indian Nation and tribes use wholly-owned corporate entities as a means of developing their local economies. Unlike a privately owned company, all of the profits of a Nation or tribally-owned entity go back into the tribal corporation and/or the Indian Nation or tribe's general budget, to be used for education, health care, infrastructure and trans- portation, among other things. With many Indian Nations and tribes having high rates of poverty, unemployment, seniors and chronic illnesses, tribally-owned businesses support the economic empowerment, growth and health and well-being of historically disadvantaged people. New York State is promoting greater use of minority and women-owned business enterprises as a means of addressing systemic discrimination and creating new economic opportunities. Unfortunately, these efforts do not recognize an important and valued segment of the state's minority population. Following the existing policies of the U.S. Small business Adminis- tration's 8(a) program, this measure will ensure that state's MWBE program is able to certify Indian Nation-owned businesses as MWBEs.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None to the state or local governments   EFFECTIVE DATE: This act shall take effect immediately.
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A01789 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1789
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2017
                                       ___________
 
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to directing the director
          of the division  of  minority  and  women's  business  development  to
          provide for the certification of certain business entities owned by an
          Indian  nation  or  tribe  for participation in the minority and women
          owned business enterprise program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 314 of the executive law is amended by adding a new
     2  subdivision 2-b to read as follows:
     3    2-b.  The  director shall establish a procedure enabling the office to
     4  approve an application by a business entity that is wholly  owned  by  a
     5  Indian  nation or tribe, as defined in section two of the Indian law, in
     6  lieu of requiring the applicant  to  complete  the  state  certification
     7  process.
     8    § 2. This act shall take effect immediately; provided, that the amend-
     9  ments  to  article 15-A of the executive law made by section one of this
    10  act shall not affect the expiration of such  article  and  shall  expire
    11  therewith.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05533-01-7
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