What's happening
This bill allows business entities wholly owned by Indian nations or tribes to be certified for New York's minority and women owned business enterprise program without completing the state certification process.
Why it matters
Recognizes tribal sovereignty. By allowing tribally owned businesses to bypass the standard state certification, the bill acknowledges tribal governments’ authority to certify their own enterprises, strengthening government-to-government respect between New York State and Native nations.
Speeds up access to economic opportunities. Tribally owned businesses can participate in state contracts and procurement opportunities more quickly, potentially leading to more immediate economic benefits for Native communities.
Reduces administrative barriers. The amendment eliminates duplicative paperwork and bureaucratic hurdles for tribally owned businesses that have already met their own nation’s or tribe’s standards, making it easier for these entities to compete for state contracts.
Could increase diversity among state contractors. By making it simpler for tribally owned businesses to be certified, the bill may result in a broader pool of minority and women owned business enterprises, potentially leading to more inclusive state procurement.
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Who cares
Headline styles
Certify Tribal-Owned Businesses
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- Referred to finance
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
958
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, GALLIVAN, KENNEDY, ORTT, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to directing the director of the division of minority and women's business development to provide for the certification of certain business entities owned by an Indian nation or tribe for participation in the minority and women owned business enterprise program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 314 of the executive law is amended by adding a new subdivision 2-b to read as follows:
2-b. The director shall establish a procedure enabling the office to approve an application by a business entity that is wholly owned by a Indian nation or tribe, as defined in section two of the Indian law, in lieu of requiring the applicant to complete the state certification process.
§ 2. This act shall take effect immediately; provided, that the amendments to article 15-A of the executive law made by section one of this act shall not affect the expiration of such article and shall expire therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04564-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to directing the director of the division of minority and women's business development to provide for the certification of certain business entities owned by an Indian nation or tribe for participation in the minority and women owned busi- ness enterprise program
Purpose
To modify the state's MWBE certification process to enable businesses that are wholly owned by Indian Nations and tribes to be certified as an MWBE by New York State.
Summary of provisions
Amends Executive Law § 314, the Minority and Women-Owned Business Enter- prise (MWBE) certification statute, to provide a mechanism through which a business wholly-owned by an Indian nation or tribe (as that term is defined in Indian Law § 2) can be certified as a minority-owned business under Executive Law § 314.
Justification
Empire State Development's Division of Minority and Women's Business Development has determined that under current state law and regulations, firms that are wholly-owned by Indian Nations and tribes cannot be certified as Minority and Women-Owned businesses.
Many Indian Nation and tribes use wholly-owned corporate entities as a means of developing their local economies. Unlike a privately owned company, all of the profits of a Nation or tribally-owned entity go back into the tribal corporation and/or the Indian Nation or tribe's general budget, to be used for education, health care, infrastructure and trans- portation, among other things. With many Indian Nations and tribes having high rates of poverty, unemployment, seniors and chronic illnesses, tribally-owned businesses support the economic empowerment, growth and health and well-being of historically disadvantaged people.
New York State is promoting greater use of minority and women-owned business enterprises as a means of addressing systemic discrimination and creating new economic opportunities. Unfortunately, these efforts do not recognize an important and valued segment of the state's minority population.
Following the existing policies of the U.S. Small business Adminis- tration's 8(a) program, this measure will ensure that state's MWBE program is able to certify Indian Nation-owned businesses as MWBEs.
Legislative history
2018: S.858/A.1789 Vetoed 2016: S.7430/A.10095 Vetoed
Fiscal implications
None to the state or local governments
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.