BILL NUMBER: S6020
SPONSOR: BASKIN
 
TITLE OF BILL:
An act to amend the executive law, in relation to extending the time for
a business enterprise to cure defects in an application for certif-
ication and curing defects where a certification was revoked
 
PURPOSE:
The purpose of this bill is to establish a curing period for applica-
tions submitted by minority and women owned businesses enterprises to
the statewide certification program.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill would establish a curing period of sixty days for
minority or women owned business enterprises that were denied or revoked
from the statewide certification program due to an omission or technical
error and make technical amendments.
Section 2 of this bill provides that the effective date shall take
effect immediately; provided, however, that the amendments to article
15-A of the executive law made by section one of this act shall not
affect the repeal of such article and shall be deemed repealed there-
with.
 
JUSTIFICATION:
Minority and Women-Owned Business Enterprises (MWBEs) have served as
effective economic engines. Since 1988, the program has assisted state
agencies engaged in contracting activities to award a fair share of
state contracts to MWBEs, reviewed applications by businesses seeking
certification as an MWBE, and promoted the business development of MWBEs
through education and outreach. The program has allowed thousands of
businesses, new and old, to flourish in the state for thirty-five years.
However, as has been reported extensively in the press, MWBEs have
habitually been subject to delays in certification, creating an unknown
amount of lost MWBE revenue. In fact, only recently, as of November 15,
2023, has the State been able to clear a thousands-long backlog of MWBE
candidates. Even business enterprises that have previously qualified for
MWBE certification have faced delays and sudden revocation of status,
complicating a process that should be easy and seamless. Business owners
need the ability to know the status of MWBE applications and be able to
remedy them, if needed, in a quick and efficient manner.
The recent un-logged backlog is a milestone to celebrate; however, steps
need to be taken to ensure that a backlog does not jam up the program
again. Enabling business enterprises to fix technical errors or inad-
vertent errors is one step in ensuring the continued success of the MWBE
program and can prevent another backlog. This bill would establish a
curing period of sixty days for minority or women owned business enter-
prises that were denied or revoked from the statewide certification
program due to an omission or technical error.
 
LEGISLATIVE HISTORY:
2023-24: Passed the Senate
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to article 15-A of the executive law made by section one of
this act shall not affect the repeal of such article and shall be deemed
repealed therewith.

Statutes affected:
S6020: 314 executive law, 314(3) executive law