STATE OF NEW YORK
________________________________________________________________________
6223
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
___________
Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee 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:
1 Section 1. Paragraph (a) of subdivision 2-a of section 314 of the
2 executive law, as amended by chapter 175 of the laws of 2010, is amended
3 to read as follows:
4 (a) The director shall establish a procedure enabling the office to
5 accept New York municipal corporation certification verification for
6 minority and women-owned business enterprise applicants in lieu of
7 requiring the applicant to complete the state certification process. The
8 director shall promulgate rules and regulations to set forth criteria
9 for the acceptance of municipal corporation certification. All eligible
10 municipal corporation certifications shall require business enterprises
11 seeking certification to meet the following standards:
12 (i) have at least fifty-one percent ownership by a minority or a
13 women-owned enterprise and be owned by United States citizens or perma-
14 nent resident aliens;
15 (ii) be an enterprise in which the minority and/or women-ownership
16 interest is real, substantial and continuing;
17 (iii) be an enterprise in which the minority and/or women-ownership
18 has and exercises the authority to control independently the day-to-day
19 business decisions of the enterprise;
20 (iv) be an enterprise authorized to do business in this state;
21 (v) be subject to a physical site inspection to verify the fifty-one
22 percent ownership requirement;
23 (vi) be owned by an individual or individuals, whose ownership,
24 control and operation are relied upon for certification[, with a
25 personal net worth that does not exceed three million five hundred thou-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00264-02-9
A. 6223 2
1 sand dollars, as adjusted annually for inflation according to the
2 consumer price index] and that has been awarded contracts by one or more
3 agencies within the past three years where the total city funding
4 received by the enterprise from the expense and capital budgets for such
5 contracts was equal to or greater than sixty million dollars, exclusive
6 of any payments made to subcontractors, and whose size has exceeded the
7 size standards established for its industry by the United States small
8 business administration for three years; and
9 (vii) be an enterprise that is a small business pursuant to subdivi-
10 sion twenty of section three hundred ten of this article.
11 § 2. Paragraph (e) of subdivision 7, paragraph (e) of subdivision 15
12 and subdivision 20 of section 310 of the executive law, paragraph (e) of
13 subdivision 7 and paragraph (e) of subdivision 15 as amended by chapter
14 22 of the laws of 2014 and subdivision 20 as added by chapter 175 of the
15 laws of 2010, are amended to read as follows:
16 (e) an enterprise owned by an individual or individuals, whose owner-
17 ship, control and operation are relied upon for certification[, with a
18 personal net worth that does not exceed three million five hundred thou-
19 sand dollars, as adjusted annually on the first of January for inflation
20 according to the consumer price index of the previous year] and that has
21 been awarded contracts by one or more agencies within the past three
22 years where the total state funding received by the enterprise from the
23 expense and capital budgets for such contracts was equal to or greater
24 than sixty million dollars, exclusive of any payments made to subcon-
25 tractors, and whose size has exceeded the size and standards established
26 for its industry by the United States small business administration for
27 three years; and
28 (e) an enterprise owned by an individual or individuals, whose owner-
29 ship, control and operation are relied upon for certification[, with a
30 personal net worth that does not exceed three million five hundred thou-
31 sand dollars, as adjusted annually on the first of January for inflation
32 according to the consumer price index of the previous year] and that has
33 been awarded contracts by one or more agencies within the past three
34 years where the total state funding received by the enterprise from the
35 expense and capital budgets for such contracts was equal to or greater
36 than sixty million dollars, exclusive of any payments made to subcon-
37 tractors, and whose size has exceeded the size standards established for
38 its industry by the United States small business administration for
39 three years; and
40 20. "Small business" as used in this section, unless otherwise indi-
41 cated, shall mean a business which has a significant business presence
42 in the state, is independently owned and operated, not dominant in its
43 field and [employs, based on its industry, a certain number of persons
44 as determined by the director, but not to exceed three hundred, taking
45 into consideration factors which include, but are not limited to, feder-
46 al small business administration standards] whose size does not exceed
47 the size standards established by the United States small business
48 administration for its industry pursuant to 13 CFR part 121 and any
49 amendments thereto. The director may issue regulations on the
50 construction of the terms in this definition.
51 § 3. Subdivision 19 of section 310 of the executive law is REPEALED.
52 § 4. This act shall take effect on the ninetieth day after it shall
53 have become a law; provided, however, that the amendments to article
54 15-A of the executive law made by sections one and two of this act shall
55 not affect the expiration of such article and shall be deemed to expire
56 therewith.
