New York A 4256: Authorizes not-for-profit corporation inclusion as minority and women-owned enterprises

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A04256 Summary:

BILL NOA04256 

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SAME ASNo Same As

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SPONSORCunningham

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COSPNSR

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MLTSPNSR

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Amd §§310 & 314, Exec L

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Authorizes not-for-profit corporation inclusion as minority and women-owned enterprises.

Go to top A04256 Actions:

BILL NOA04256 

&nbsp

01/31/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA04256 Committee&nbspVotes:

Go to topA04256 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04256 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4256

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Governmental Operations

 AN ACT to amend the executive law, in relation to authorizing not-for-
 profit corporation inclusion as minority and women-owned enterprises

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1, 7 and 15 of section 310 of the executive
 2 law, subdivision 1 as added by chapter 261 of the laws of 1988, subdivi-
 3 sions 7 and 15 as amended by chapter 22 of the laws of 2014, paragraph
 4 (e) of subdivision 7 and paragraph (e) of subdivision 15 as amended by
 5 chapter 96 of the laws of 2019, and paragraph (a) of subdivision 15 as
 6 amended by chapter 669 of the laws of 2022, are amended to read as
 7 follows:
 8 1. "Certified business" shall mean a business or not-for-profit corpo-
 9 ration verified as a minority or women-owned business enterprise pursu-
 10 ant to section three hundred fourteen of this article.
 11 7. "Minority-owned business enterprise" shall mean:
 12 (a) a business enterprise, including a sole proprietorship, partner-
 13 ship, limited liability company or corporation that is:
 14 [(a)] (i) at least fifty-one percent owned by one or more minority
 15 group members;
 16 [(b)] (ii) an enterprise in which such minority ownership is real,
 17 substantial and continuing;
 18 [(c)] (iii) an enterprise in which such minority ownership has and
 19 exercises the authority to control independently the day-to-day business
 20 decisions of the enterprise;
 21 [(d)] (iv) an enterprise authorized to do business in this state and
 22 independently owned and operated;
 23 [(e)] (v) an enterprise owned by an individual or individuals, whose
 24 ownership, control and operation are relied upon for certification, with
 25 a personal net worth that does not exceed fifteen million dollars, and
 26 such other amount as the director shall set forth in regulations, as
 27 adjusted annually on the first of January for inflation according to the
 28 consumer price index of the previous year; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05656-01-5

 A. 4256 2

 1 [(f)] (vi) an enterprise that is a small business pursuant to subdivi-
 2 sion twenty of this section[.]; or
 3 (b) a not-for-profit corporation:
 4 (i) that includes a governing board of at least fifty-one percent
 5 minority group members;
 6 (ii) in which such leadership is real, substantial and continuing; and
 7 (iii) incorporated in this state and independently operated.
 8 15. "Women-owned business enterprise" shall mean:
 9 (a) a business enterprise, including a sole proprietorship, partner-
 10 ship, limited liability company or corporation that is:
 11 [(a)] (i) at least fifty-one percent owned by one or more United
 12 States citizens or permanent resident noncitizens who are women;
 13 [(b)] (ii) an enterprise in which the ownership interest of such women
 14 is real, substantial and continuing;
 15 [(c)] (iii) an enterprise in which such women ownership has and exer-
 16 cises the authority to control independently the day-to-day business
 17 decisions of the enterprise;
 18 [(d)] (iv) an enterprise authorized to do business in this state and
 19 independently owned and operated;
 20 [(e)] (v) an enterprise owned by an individual or individuals, whose
 21 ownership, control and operation are relied upon for certification, with
 22 a personal net worth that does not exceed fifteen million dollars, and
 23 such other amount as th