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A08353 Summary:

BILL NOA08353
 
SAME ASSAME AS S07205
 
SPONSORStern
 
COSPNSR
 
MLTSPNSR
 
Amd §314, Exec L
 
Authorizes the director of the division of minority and women's business development and the county executive of counties to enter into a memorandum of understanding to allow reciprocity between the state and such county for businesses that are certified as minority and women-owned business enterprises.
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A08353 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8353
 
SPONSOR: Stern
  TITLE OF BILL: An act to amend the executive law, in relation to reciprocal minority and women-owned business enterprise certification   PURPOSE OR GENERAL IDEA OF BILL: Relates to reciprocity between the state and the counties for businesses that are certified as minority and women-owned business enterprises.   SUMMARY OF PROVISIONS: Section 1: subdivision 2-a of section 314 of the executive law is amended by adding a new paragraph (d). Section 2: set the effective date.   JUSTIFICATION: This bill increases access for minority and women owned businesses (MWBEs) to receive their certification verification. The Division of Minority and Women's Business Development (DMWBD) advocates for equality of economic opportunities for MWBEs and for the elimination of barriers to their participation in state contracts. This includes the preparation and annual updating of a directory of certified MWBEs which allows for contractors to see all MWBEs certifications, categories, and locations. This allows contractors to more easily find MWBEs when searching for business to contract out to. To become a certified MWBE and therefore be found in this directory, a business must meet a certain set of guide- lines and become verified. There are different verification procedures for different levels of government. Current law allows for reciprocity between municipal corpo- rations and the state in terms of becoming a certified minority and women-owned business. Current law also allows for reciprocity between the federal certification process and the state certification process. This bill would allow for a memorandum of understanding between the DMWBD and county executives to permit counties to accept an applicant's state certification verification in lieu of requiring applicants to complete such county's process for certification, and for the state to accept an applicant's county certification verification in lieu of requiring applicants to complete such state's process for certification. Allowing for this additional reciprocity on the county level will remove unnecessary time and administrative barriers for businesses that are already verified as MWBEs utilizing the same set of requirements.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the two hundred seventieth day after it shall have become a law; provided, however, that the amendments to subdivision 2-a of section 314 of the executive law made by section one of this act shall not affect the repeal of article 15-A of the executive law pursuant to chapter 261 of the laws of 1988, as amended, and shall be deemed repealed therewith.
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A08353 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8353
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2025
                                       ___________
 
        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the executive law, in relation  to  reciprocal  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. Subdivision 2-a of section 314  of  the  executive  law  is
     2  amended by adding a new paragraph (d) to read as follows:
     3    (d)  Notwithstanding  any other provision of law, the director and any
     4  county, acting through its county executive, may enter into a memorandum
     5  of understanding setting forth a procedure through which: (i) such coun-
     6  ty shall accept an applicant's state certification verification in  lieu
     7  of  requiring  such  applicant  to  complete  such  county's process for
     8  certification as a minority or women-owned business enterprise  or  meet
     9  the  certification  standards  of such county's minority and women-owned
    10  business enterprise program; and (ii) the office shall accept an  appli-
    11  cant's  county certification verification in lieu of requiring an appli-
    12  cant to complete the process for certification as a minority  or  women-
    13  owned business enterprise or meet the applicable certification standards
    14  set  forth  in  this article; provided, however, that such memorandum of
    15  understanding may include one or more exceptions in circumstances  where
    16  the  director  and  such county executive determine that such exceptions
    17  would be in the best interests of both such  county's  program  and  the
    18  program established pursuant to this article.  Nothing in this paragraph
    19  shall  be  construed  to limit the director or such county from amending
    20  their respective processes or  standards  for  certifying  minority  and
    21  women-owned business enterprises.
    22    §  2.  This  act  shall  take effect on the two hundred seventieth day
    23  after it shall have become a law; provided, however, that the amendments
    24  to subdivision 2-a of section 314 of the executive law made  by  section
    25  one of this act shall not affect the repeal of article 15-A of the exec-
    26  utive  law  pursuant to chapter 261 of the laws of 1988, as amended, and
    27  shall be deemed repealed therewith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11140-02-5
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