Bill Text: NY A02819 | 2017-2018 | General Assembly | Introduced

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Bill Title: Eliminates the requirement that certain minority and women-owned business enterprise owners have a personal net worth of less than three million five hundred thousand dollars in order to obtain certification as a certified minority and women-owned business enterprise; clarifies that an individual's net worth is to be considered in determining eligibility for certification under article 15-A of the executive law.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Vetoed) 2017-12-29 - tabled [A02819 Detail]

Download: New_York-2017-A02819-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2819
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced  by M. of A. BICHOTTE, SOLAGES, SEPULVEDA, SEAWRIGHT, WALKER,
          HOOPER, HYNDMAN, BLAKE -- read once and referred to the  Committee  on
          Governmental Operations
        AN  ACT  to  amend  the  executive  law,  in relation to eliminating the
          requirement that certain minority and women-owned business  enterprise
          owners  have  a  personal  net  worth  of less than three million five
          hundred thousand dollars in order to obtain certification as a  quali-
          fying  minority  and  women-owned  business enterprise; and clarifying
          that an individual's net worth is not to be considered in  determining
          eligibility for certification under Article 15-A of the executive law
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraphs (v), (vi)  and  (vii)  of  paragraph  (a)  of
     2  subdivision 2-a of section 314 of the executive law, as amended by chap-
     3  ter 175 of the laws of 2010, are amended to read as follows:
     4    (v)  be  subject to a physical site inspection to verify the fifty-one
     5  percent ownership requirement; and
     6    (vi)[be owned  by  an  individual  or  individuals,  whose  ownership,
     7  control and operation are relied upon for certification, with a personal
     8  net  worth  that  does  not  exceed  three million five hundred thousand
     9  dollars, as adjusted annually for inflation according  to  the  consumer
    10  price index; and
    11    (vii)]  be an enterprise that is a small business pursuant to subdivi-
    12  sion twenty of section three hundred ten of this article.
    13    § 2. Notwithstanding any rule, regulation or  guideline to the contra-
    14  ry, the personal net worth of an individual or individuals, whose owner-
    15  ship, control and operation are relied upon for certification of a busi-
    16  ness  as  a  certified  minority  and  women-owned  business  enterprise
    17  pursuant  to  the  provisions of article 15-A of the executive law shall
    18  not be taken into account in determining certification under such  arti-
    19  cle.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01518-01-7
        A. 2819                             2
     1    §  3.  This act shall take effect immediately; provided, however, that
     2  the amendments to section 314 of the executive law made by  section  one
     3  of this act shall not affect the expiration of such section and shall be
     4  deemed expired therewith.