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A09668 Summary:

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A09668 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9668
 
                   IN ASSEMBLY
 
                                      May 14, 2014
                                       ___________
 
        Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to  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:
 

     1    Section 1. Section 310 of the executive law is amended by adding a new
     2  subdivision 23 to read as follows:
     3    23. "Provisional MWBE Certification" shall mean  minority  and  women-
     4  owned  business  enterprise  certification status which shall not exceed
     5  one year, but which may be renewed by the director.
     6    § 2. Subdivision 4 of section 314 of the executive law,  as  added  by
     7  section 2 of part BB of chapter 59 of the laws of 2006, is amended and a
     8  new subdivision 5 is added to read as follows:
     9    4.  [All  certifications  shall be valid for a period of three years.]
    10  The director may, after performing an availability analysis and  upon  a
    11  finding  that  industry-specific factors coupled with personal net worth
    12  or small business  eligibility  requirements  pursuant  to  subdivisions

    13  nineteen  and  twenty  of  section  three  hundred  ten of this article,
    14  respectively, have led to the significant exclusion of businesses  owned
    15  by  minority  group members or women in that industry, grant provisional
    16  MWBE certification status to applicants from that  designated  industry,
    17  provided,  however,  that all other eligibility requirements pursuant to
    18  subdivision seven or fifteen of section three hundred ten of this  arti-
    19  cle, as applicable, are satisfied. Any industry-based determination made
    20  under this section by the director shall be made widely available to the
    21  public and posted on the division's website.
    22    5.  With  the exception of provisional MWBE certification, as provided

    23  for in subdivision twenty-three of section three  hundred  ten  of  this
    24  article, all certifications shall be valid for a period of three years.
    25    §  3.  This act shall take effect immediately, provided, however, that
    26  the amendments to sections 310 and 314 of  the  executive  law  made  by
    27  sections one and two of this act shall not affect the expiration of such
    28  sections and shall be deemed to expire therewith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15070-02-4