Terms Used In New York Laws > Executive > Article 15-A - Participation By Minority Group Members and Women With Respect to State Contracts

• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Certified business: shall mean a business verified as a minority or women-owned business enterprise pursuant to section three hundred fourteen of this article. See N.Y. Executive Law 310
• Commissioner: shall mean the commissioner of the department of economic development. See N.Y. Executive Law 310
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contracting agency: shall mean a state agency which is a party or a proposed party to a state contract or, in the case of a state contract described in paragraph (c) of subdivision thirteen of this section, shall mean the New York state housing finance agency, housing trust fund corporation or affordable housing corporation, whichever has made or proposes to make the grant or loan for the state assisted housing project. See N.Y. Executive Law 310
• Contractor: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the award of a state contract or a proposed party to a state contract. See N.Y. Executive Law 310
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Director: shall mean the director of the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
• Diversity practices: shall mean the contractor's practices and policies with respect to:
  
  (a) utilizing or mentoring certified minority and women-owned business enterprises in contracts awarded by a state agency or other public corporation, as subcontractors and suppliers; and
  
  (b) entering into partnerships, joint ventures or other similar arrangements with certified minority and women-owned business enterprises as defined in this article or other applicable statute or regulation governing an entity's utilization of minority or women-owned business enterprises. See N.Y. Executive Law 310
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Large county: shall mean a county having a population in excess of two hundred eighty-five thousand according to the most recent federal decennial census, provided however, that a county having a population in excess of two hundred eighty-five thousand according to the nineteen hundred eighty federal decennial census shall continue to be a large county thereafter notwithstanding a later census showing a population of less than two hundred eighty-five thousand for such county. See N.Y. Executive Law 310
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lessee: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a lease with a state agency as defined in subdivision eleven of this section, or a respondent in conjunction with the award of such a lease or a proposed lessee with a state agency as defined in subdivision eleven of this section. See N.Y. Executive Law 310
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Metropolitan area: shall mean a city with a population of one million or more and a county having a population in excess of one million and immediately contiguous to such city. See N.Y. Executive Law 310
• Minority group member: shall mean a United States citizen or permanent resident noncitizen who is and can demonstrate membership in one of the following groups:
  
  (a) Black persons having origins in any of the Black African racial groups;
  
  (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race;
  
  (c) Native American or Alaskan native persons having origins in any of the original peoples of North America. See N.Y. Executive Law 310
• Minority leader: See Floor Leaders
• Minority-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
  
  (a) at least fifty-one percent owned by one or more minority group members;
  
  (b) an enterprise in which such minority ownership is real, substantial and continuing;
  
  (c) an enterprise in which such minority ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
  
  (d) an enterprise authorized to do business in this state and independently owned and operated;
  
  (e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
  
  (f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: shall mean the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Personal net worth: shall mean the aggregate adjusted net value of the assets of an individual remaining after total liabilities are deducted. See N.Y. Executive Law 310
• Personal property: All property that is not real property.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State agency: shall mean (a) (i) any state department, or (ii) any division, board, commission or bureau of any state department, or (iii) the state university of New York and the city university of New York, including all their constituent units except community colleges and the independent institutions operating statutory or contract colleges on behalf of the state, or (iv) a board, a majority of whose members are appointed by the governor or who serve by virtue of being state officers or employees as defined in subparagraph (i), (ii) or (iii) of paragraph (i) of subdivision one of § 73 of the public officers law:
  
  (b) a "state authority" as defined in subdivision one of § 2 of the public authorities law, and the following:
  
  Albany County Airport Authority;
  
  Albany Port District Commission;
  
  Alfred, Almond, Hornellsville Sewer Authority;
  
  Battery Park City Authority;
  
  Cayuga County Water and Sewer Authority;
  
  (Nelson A. See N.Y. Executive Law 310
• State assisted housing project: shall mean , for such projects which receive from the New York state housing finance agency, the affordable housing corporation, the housing trust fund corporation or the division of housing and community renewal a grant or loan for all or part of the total project cost:
  
  (a) a "permanent housing project for homeless families" or "project" as defined in subdivision five of § 64 of the private housing finance law;
  
  (b) a "project" as defined in subdivision twelve of § 1101 of the private housing finance law provided said project is located in a large county and consists of more than twelve residential units at a single site;
  
  (c) "affordable home ownership development programs" or "project" as defined in subdivision eight of § 1111 of the private housing finance law provided said project is located in a metropolitan area as herein defined and consists of more than twelve residential units at a single site;
  
  (d) a "turnkey/enhanced rental project" or "project" as defined in subdivision two of § 1106-a of the private housing finance law;
  
  (e) "infrastructure improvements" as defined in subdivision two of § 1131 of the private housing finance law, to the extent that such "infrastructure improvements" are applied for in connection with a state assisted housing project as defined in paragraphs (a) through (d) of this subdivision and provided further that the applicant for such infrastructure improvements and for such state assisted housing project are identical. See N.Y. Executive Law 310
• State contract: shall mean : (a) a written agreement or purchase order instrument, providing for a total expenditure in excess of twenty-five thousand dollars, whereby a contracting agency is committed to expend or does expend funds in return for labor, services including but not limited to legal, financial and other professional services, supplies, equipment, materials or any combination of the foregoing, to be performed for, on behalf of, or rendered or furnished to the contracting agency; (b) a written agreement in excess of one hundred thousand dollars whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; and (c) a written agreement in excess of one hundred thousand dollars whereby the owner of a state assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project. See N.Y. Executive Law 310
• Statewide advocate: shall mean the person appointed by the director to serve in the capacity of the minority and women-owned business enterprise statewide advocate and procurement ombudsman. See N.Y. Executive Law 310
• Statute: A law passed by a legislature.
• Subcontract: shall mean an agreement providing for a total expenditure in excess of twenty-five thousand dollars for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation, or not-for-profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed, but shall not include any construction, demolition, replacement, major repair, renovation, planning or design of real property or improvements thereon for the beneficial use of the contractor. See N.Y. Executive Law 310
• Utilization plan: shall mean a plan prepared by a contractor and submitted in connection with a proposed state contract. See N.Y. Executive Law 310
• Women-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
  
  (a) at least fifty-one percent owned by one or more United States citizens or permanent resident noncitizens who are women;
  
  (b) an enterprise in which the ownership interest of such women is real, substantial and continuing;
  
  (c) an enterprise in which such women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
  
  (d) an enterprise authorized to do business in this state and independently owned and operated;
  
  (e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
  
  (f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310