Requires the director of the division of minority and women's business development in the department of economic development to give additional time for a business enterprise to cure defects in its application for certification or correct defects when a certification is denied, revoked, or changed.
Summary
S06020 amends section 314 of the New York Executive Law, which governs certification by the Division of Minority and Women’s Business Development for participation in the statewide minority- and women-owned business enterprise (MWBE) certification program. The bill gives applicants additional time to cure application defects and expands procedural protections when a certification is denied, revoked, or changed. Specifically, it allows up to 60 days to correct omissions or technical errors in an application and reapply immediately after the defect is remedied.
The bill also extends the time to request a hearing from 30 days to 60 days when a certification is denied, revoked, or changed for reasons other than an omission or technical error. If a hearing is timely requested, the affected certification is restored and remains in effect while the matter is pending. The hearing officer must hold the hearing within 21 days of the request, and the director must issue a final order within 30 days after receiving the hearing officer’s recommendation. The act takes effect immediately.
Impact
This bill changes the administrative process for MWBE certification under the Executive Law by lengthening deadlines, preserving certification status during appeals, and creating a clearer path for applicants to correct defects and challenge adverse determinations. It affects businesses seeking MWBE certification, the Division of Minority and Women’s Business Development, and the director’s authority over certification decisions. The measure is intended to reduce procedural barriers and prevent businesses from losing certification because of correctable mistakes or short filing windows.
Sentiment
The available voting history shows strong support for the bill. It passed the Senate Procurement and Contracts Committee unanimously and later passed the Senate floor overwhelmingly, with one recorded dissent in the later floor vote. No committee transcript is available, but the vote pattern suggests broad agreement that the bill improves fairness and access in the certification process.
Contention
There is little evidence of major controversy in the available record. The main policy issue is whether applicants should receive more time and stronger interim protections when certification is denied, revoked, or changed. Supporters appear to favor the bill’s remedial approach and its effort to help businesses avoid losing MWBE status over technical or curable errors. Any opposition, reflected only by a single nay vote in the later floor action, may have concerned the extension of deadlines or the automatic restoration of certification during a pending hearing, but no specific objections are documented in the provided materials.
Same As
Requires the director of the division of minority and women's business development in the department of economic development to give additional time for a business enterprise to cure defects in its application for certification or correct defects when a certification is denied, revoked, or changed.
Requires the director of the division of minority and women's business development in the department of economic development to give additional time for a business enterprise to cure defects in its application for certification or correct defects when a certification is denied, revoked, or changed.
Relates to the requirements of the annual report from the division of minority and women's business development; requires the number of new certifications and recertifications including the basis for any denials be included in the annual report from the division of minority and women's business development.
Provides a rebuttable presumption relating to recertification as a minority and women-owned business enterprise if there is no change in the ownership or capital contribution relied upon for certification of the enterprise and no material change in the nature or management of the enterprise from the time of approval of the previous minority and women-owned business enterprise certification.
Provides a rebuttable presumption relating to recertification as a minority and women-owned business enterprise if there is no change in the ownership or capital contribution relied upon for certification of the enterprise and no material change in the nature or management of the enterprise from the time of approval of the previous minority and women-owned business enterprise certification.
Authorizes the director of the division of minority and women's business development and the mayor of the city of New York to enter into a memorandum of understanding to allow reciprocity between the state and New York City for businesses that are certified as minority and women-owned business enterprises.
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.
Directs the director of the division of minority and women's business development to provide for the minority and women-owned business certification of business entities owned by Indian nations or tribes.
Directs the director of the division of minority and women's business development to provide for the minority and women-owned business certification of business entities owned by Indian nations or tribes.
Relates to the requirements of the annual report from the division of minority and women's business development; requires the number of new certifications and recertifications including the basis for any denials be included in the annual report from the division of minority and women's business development.
Requires that certain contracts let by the office of general services be reserved for small businesses, including minority-owned business enterprises and women-owned business enterprises.
An act to amend Sections 24801, 24826, 24827, 24830, 24862, and 24908 of, to repeal Section 24861 of, and to repeal and add Section 24863 of, the Public Utilities Code, relating to transportation.