Bill Text: NY A07027 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes an additional certification classification for minority and women-owned businesses which are ineligible for certification due to exceeding the personal net worth of small business thresholds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A07027 Detail]

Download: New_York-2019-A07027-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7027
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 3, 2019
                                       ___________
        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 certification  classi-
          fications for businesses owned by minority group members or women
          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 6 to read as follows:
     3    6. (a) The  director  shall  establish  by  regulation  an  additional
     4  certification  classification  for  minority  and women-owned businesses
     5  which are ineligible for certification pursuant to this section  due  to
     6  exceeding the personal net worth or small business thresholds; provided,
     7  however, that all other eligibility requirements pursuant to subdivision
     8  seven or fifteen of section three hundred ten of this article, as appli-
     9  cable,  are  satisfied.  Such  regulations  shall  not impose additional
    10  thresholds on personal net worth or the size of such businesses.    Such
    11  additional  certification  classifications shall be listed separately in
    12  the directory of certified businesses required to be  prepared  pursuant
    13  to  this  section.    Regulations  for  the certification classification
    14  established pursuant to this subdivision  shall  require  each  business
    15  seeking  certification  to  demonstrate  that it engages in, and signif-
    16  icantly invests in, diversity practices.
    17    (b) For purposes of this subdivision, the term  "diversity  practices"
    18  shall include, but not be limited to:
    19    (i)  the inclusion of minority and women-owned business enterprises in
    20  procurement opportunities within such business;
    21    (ii) joint ventures between  such  business  and  other  minority  and
    22  women-owned business enterprises;
    23    (iii)  trainings,  workshops  or  mentoring  programs conducted by the
    24  business for other minority and women-owned business enterprises; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10800-01-9
        A. 7027                             2
     1    (iv) job training and apprenticeship programs conducted by the minori-
     2  ty and women-owned business that result  in  a  more  diverse  workforce
     3  within such business.
     4    §  2.  Paragraphs (h) and (i) of subdivision 2-a of section 313 of the
     5  executive law, as added by chapter 175 of the laws of 2010, are  amended
     6  and a new paragraph (j) is added to read as follows:
     7    (h)  provide  for  the  collection  of statistical data by each agency
     8  concerning actual minority and women-owned business  enterprise  partic-
     9  ipation; [and]
    10    (i)  require  each  agency to consult the most current disparity study
    11  when calculating agency-wide and contract specific  participation  goals
    12  pursuant to this article[.]; and
    13    (j)  require  that businesses certified pursuant to subdivision six of
    14  section three hundred fourteen  of  this  article  are  utilized  toward
    15  contract  solicitation  goals  after  opportunities  to  meet such goals
    16  through contracts with other businesses certified pursuant to this arti-
    17  cle have been exhausted by commercially reasonable methods.
    18    § 3. Section 313 of the executive law  is  amended  by  adding  a  new
    19  subdivision 6-a to read as follows:
    20    6-a.  Prior to requesting a partial or total waiver pursuant to subdi-
    21  vision six of this section, a contractor shall seek to comply  with  the
    22  minority  and  women-owned  business  enterprise  participation goals by
    23  making a good faith effort to contract with a business  in  the  certif-
    24  ication  classification  established  pursuant  to  subdivision  six  of
    25  section three hundred fourteen of this article.
    26    § 4. This act shall take effect immediately; provided,  however,  that
    27  the  amendments  to  article  15-A of the executive law made by sections
    28  one, two and three of this act shall not affect the expiration  of  such
    29  article and shall be deemed to expire therewith.