Bill Text: NY A10744 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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: (Vetoed) 2018-12-28 - tabled [A10744 Detail]

Download: New_York-2017-A10744-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          10744
                   IN ASSEMBLY
                                      May 16, 2018
                                       ___________
        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  additional  certification classifications
    10  shall be listed separately in  the  directory  of  certified  businesses
    11  required  to  be prepared pursuant to this section.  Regulations for the
    12  certification classification established pursuant  to  this  subdivision
    13  shall require each business seeking certification to demonstrate that it
    14  engages in, and significantly invests in, diversity practices.
    15    (b)  For  purposes of this subdivision, the term "diversity practices"
    16  shall include, but not be limited to:
    17    (i) the inclusion of minority and women-owned business enterprises  in
    18  procurement opportunities within such business;
    19    (ii)  joint  ventures  between  such  business  and other minority and
    20  women-owned business enterprises;
    21    (iii) trainings, workshops or  mentoring  programs  conducted  by  the
    22  business for other minority and women-owned business enterprises; and
    23    (iv) job training and apprenticeship programs conducted by the minori-
    24  ty  and  women-owned  business  that  result in a more diverse workforce
    25  within such business.
    26    § 2. Paragraphs (h) and (i) of subdivision 2-a of section 313  of  the
    27  executive  law, as added by chapter 175 of the laws of 2010, are amended
    28  and a new paragraph (j) is added to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15809-03-8
        A. 10744                            2
     1    (h) provide for the collection of  statistical  data  by  each  agency
     2  concerning  actual  minority and women-owned business enterprise partic-
     3  ipation; [and]
     4    (i)  require  each  agency to consult the most current disparity study
     5  when calculating agency-wide and contract specific  participation  goals
     6  pursuant to this article[.]; and
     7    (j)  require  that businesses certified pursuant to subdivision six of
     8  section three hundred fourteen  of  this  article  are  utilized  toward
     9  contract  solicitation  goals  after  opportunities  to  meet such goals
    10  through contracts with other businesses certified pursuant to this arti-
    11  cle have been exhausted by commercially reasonable methods.
    12    § 3. Section 313 of the executive law  is  amended  by  adding  a  new
    13  subdivision 6-a to read as follows:
    14    6-a.  Prior to requesting a partial or total waiver pursuant to subdi-
    15  vision six of this section, a contractor shall seek to comply  with  the
    16  minority  and  women-owned  business  enterprise  participation goals by
    17  making a good faith effort to contract with a business  in  the  certif-
    18  ication  classification  established  pursuant  to  subdivision  six  of
    19  section three hundred fourteen of this article.
    20    § 4. This act shall take effect immediately; provided,  however,  that
    21  the  amendments  to  article  15-A of the executive law made by sections
    22  one, two and three of this act shall not affect the expiration  of  such
    23  article and shall be deemed to expire therewith.