A 8529: Replaces instances of the words or variations of the words American Indian with the words Indigenous peoples or a variation thereof.

  
  STATE OF NEW YORK ________________________________________________________________________ 8529 2025-2026 Regular Sessions  IN ASSEMBLY May 20, 2025 ___________ Introduced by M. of A. MITAYNES -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the arts and cultural affairs law, the cannabis law, the economic development law, the correction law, the education law, the environmental conservation law, the executive law, the public authori- ties law, the transportation law, the facilities development corpo- ration act, the New York state medical care facilities finance agency act and the New York state urban development corporation act, in relation to replacing instances of the words or variations of the words American Indian with the words Indigenous peoples or a variation thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subparagraph (i) of paragraph (c) 2 of subdivision 12 of section 3.07 of the arts and cultural affairs law, 3 as amended by chapter 255 of the laws of 1988, is amended to read as 4 follows: 5 In the performance of projects pursuant to this section, minority and 6 women-owned business enterprises shall be given the opportunity for 7 meaningful participation. For purposes hereof, minority business enter- 8 prise shall mean any business enterprise which is at least fifty-one per 9 centum owned by, or in the case of a publicly owned business, at least 10 fifty-one per centum of the stock or other voting interest is owned by 11 citizens or permanent resident [aliens] noncitizens who are Black, 12 Hispanic, Asian, [American Indian] Indigenous peoples, Pacific Islander, 13 or Alaskan native, and such ownership interest is real, substantial and 14 continuing and has the authority to independently control the day to day 15 business decisions of the entity for at least one year; and women-owned 16 business enterprise shall mean any business enterprise which is at least 17 fifty-one per centum owned by, or in the case of a publicly owned busi- 18 ness, at least fifty-one per centum of the stock to other voting inter- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10894-01-5 
 A. 8529 2 1 ests of which is owned by citizens or permanent resident [aliens] 2 noncitizens who are women, and such ownership interest is real, substan- 3 tial and continuing and has the authority to independently control the 4 day to day business decisions of the entity for at least one year. 5 § 2. Subparagraph (ii) of paragraph (b) of subdivision 5 of section 87 6 of the cannabis law is amended to read as follows: 7 (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 8 Central or South American of either [Indian] Indigenous or Hispanic 9 origin, regardless of race; 10 § 3. Subdivision 3 and paragraphs (b) and (d) of subdivision 4 of 11 section 210 of the economic development law, as amended by chapter 669 12 of the laws of 2022, are amended to read as follows: 13 3. "Minority business enterprise" shall mean any business enterprise 14 which is at least fifty-one per centum owned by, or in the case of a 15 publicly owned business at least fifty-one per centum of the stock of 16 which is owned by, citizens or permanent resident noncitizens who are 17 Black, Hispanic, Asian or [American Indian] Indigenous peoples, Pacific 18 Islander or Alaskan Native where such ownership interest is real, 19 substantial and continuing and where such persons have the authority to 20 independently control the day-to-day business decisions of the entity. 21 (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 22 Central or South American descent of either [Indian] Indigenous peoples 23 or Hispanic origin, regardless of race; 24 (d) [American Indian] Indigenous peoples or Alaskan Native persons 25 having origins in any of the original peoples of North America. 26 § 4. Subdivision 1 of section 29 of the correction law, as amended by 27 chapter 322 of the laws of 2021, is amended to read as follows: 28 1. The department shall continue to collect, maintain, and analyze 29 statistical and other information and data with respect to persons 30 subject to the jurisdiction of the department, including but not limited 31 to: (a) the number of such persons: placed in the custody of the depart- 32 ment, assigned to a specific department program, accorded community 33 supervision and declared delinquent, recommitted to a state correctional 34 institution upon revocation of community supervision, or discharged upon 35 maximum expiration of sentence; (b) the criminal history of such 36 persons; (c) the social, educational, and vocational circumstances of 37 any such persons; (d) the institutional and community supervision 38 programs and the behavior of such persons; and, (e) the military back- 39 ground and circumstances, if such person served in the United States 40 armed forces. Provided, however, in the event any statistical informa- 41 tion on the ethnic background of the incarcerated individual population 42 of a correctional facility or facilities is collected by the department, 43 such statistical information shall contain, but not be limited to, the 44 following ethnic categories: (i) Caucasian; (ii) Asian; (iii) [American 45 Indian] Indigenous peoples; (iv) Afro-American/Black; and (v) Spanish 46 speaking/Hispanic which category shall include, but not be limited to, 47 the following subcategories consisting of: (1) Puerto Ricans; (2) 48 Cubans; (3) Dominicans; and (4) other Hispanic nationalities. 49 § 5. Paragraph a of subdivision 2 of section 341-a of the education 50 law, as added by chapter 171 of the laws of 1987, is amended to read as 51 follows: 52 a. The test subject's race or ethnicity, including the following 53 groups: Black, White, [American Indian] Indigenous peoples, Asian, 54 Hispanic or other; 
 A. 8529 3 1 § 6. The opening paragraph of paragraph a of subdivision 1 of section 2 52-0113 of the environmental conservation law, as amended by chapter 669 3 of the laws of 2022, is amended to read as follows: 4 In the performance of projects pursuant to this article minority and 5 women-owned business enterprises shall be given the opportunity for 6 meaningful participation. The department or the office shall establish 7 measures and procedures to secure meaningful participation and identify 8 those contracts and items of work for which minority and women-owned 9 business enterprises may best bid to actively and affirmatively promote 10 and assist their participation in the projects, so as to facilitate the 11 award of a fair share of contracts to such enterprises; provided, howev- 12 er, that nothing in this article shall be construed to limit the ability 13 of the department or office to assure that qualified minority and 14 women-owned business enterprises may participate in the program. For 15 purposes hereof, minority business enterprise shall mean any business 16 enterprise which is at least fifty-one per centum owned by, or in the 17 case of a publicly owned business, at least fifty-one per centum of the 18 stock of which is owned by citizens or permanent resident noncitizens 19 who are Black, Hispanic, Asian or [American Indian] Indigenous peoples, 20 Pacific Islander or Alaskan natives and such ownership interest is real, 21 substantial and continuing and have the authority to independently 22 control the day to day business decisions of the entity for at least one 23 year; and women-owned business enterprise shall mean any business enter- 24 prise which is at least fifty-one per centum owned by, or in the case of 25 a publicly owned business, at least fifty-one per centum of the stock of 26 which is owned by citizens or permanent resident noncitizens who are 27 women, and such ownership interest is real, substantial and continuing 28 and have the authority to independently control the day to day business 29 decisions of the entity for at least one year. 30 § 7. Paragraph (b) of subdivision 8 of section 310 of the executive 31 law, as amended by chapter 96 of the laws of 2019, is amended to read as 32 follows: 33 (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, 34 Cuban, Central or South American of either [Indian] Indigenous or 35 Hispanic origin, regardless of race; 36 § 8. The opening paragraph of subdivision 3 of section 1020-v of the 37 public authorities law, as amended by chapter 669 of the laws of 2022, 38 is amended to read as follows: 39 In the performance of projects pursuant to this title, minority and 40 women-owned business enterprises shall be given the opportunity for 41 meaningful participation. The authority shall establish quantifiable 42 standards and measures and procedures to secure meaningful participation 43 and identify those contracts and items of work for which minority and 44 women-owned business enterprises may best bid to actively and affirma- 45 tively promote and assist their participation in projects, so as to 46 facilitate the award of a fair share of contracts to such enterprises; 47 provided, however, that nothing in this title shall be construed to 48 limit the ability of the authority to assure that qualified minority and 49 women-owned business enterprises may participate in the program. For 50 purposes hereof, minority business enterprise shall mean any business 51 enterprise which is at least fifty-one per centum owned by, or in the 52 case of a publicly owned business, at least fifty-one per centum of the 53 stock or other voting interest is owned by citizens or permanent resi- 54 dent noncitizens who are Black, Hispanic, Asian, [American Indian] 55 Indigenous peoples, Pacific islander, or Alaskan native, and such owner- 56 ship interest is real, substantial and continuing and has the authority 
 A. 8529 4 1 to independently control the day to day business decisions of the entity 2 for at least one year; and women-owned business enterprise shall mean 3 any business enterprise which is at least fifty-one per centum owned by, 4 or in the case of a publicly owned business, at least fifty-one per 5 centum of the stock to other voting interests of which is owned by citi- 6 zens or permanent resident noncitizens who are women, and such ownership 7 interest is real, substantial and continuing and has the authority to 8 independently control the day to day business decisions of the entity 9 for at least one year. 10 § 9. Subdivision 3 of section 1045-x of the public authorities law, as 11 amended by chapter 669 of the laws of 2022, is amended to read as 12 follows: 13 3. Any contracting agency empowered to award contracts for design, 14 construction, services or materials shall seek meaningful participation 15 in the performance of contracts by minority business enterprises and 16 shall establish measures and procedures to identify those contracts and 17 items of work for which minority business enterprises may best bid to 18 actively and affirmatively promote and assist their participation so as 19 to facilitate the award of a fair share of contracts to such enter- 20 prises. For purposes hereof, "minority business enterprise" shall mean 21 any business enterprise which is at least fifty-one per centum owned by, 22 or in the case of a publicly owned business, at least fifty-one per 23 centum of the stock of which is owned by citizens or permanent resident 24 noncitizens who are Black, Hispanic, Asian, [American Indian] Indigenous 25 peoples or women, and such ownership interest is real, substantial and 26 continuing. The provisions of this subdivision shall not be construed to 27 limit the ability of any minority business enterprise to bid on any 28 contract. 29 § 10. Subdivision 3 of section 1048-x of the public authorities law, 30 as amended by chapter 669 of the laws of 2022, is amended to read as 31 follows: 32 3. Any contracting agency empowered to award contracts for design, 33 construction, services or materials shall seek meaningful participation 34 in the performance of contracts by minority business enterprises and 35 shall establish measures and procedures to identify those contracts and 36 items of work for which minority business enterprises may best bid to 37 actively and affirmatively promote and assist their participation so as 38 to facilitate the award of a fair share of contracts to such enter- 39 prises. For purposes hereof, "minority business enterprise" shall mean 40 any business enterprise which is at least fifty-one per centum owned by, 41 or in the case of a publicly owned business, at least fifty-one per 42 centum of the stock of which is owned by citizens or permanent resident 43 noncitizens who are Black, Hispanic, Asian, [American Indian] Indigenous 44 peoples or women, and such ownership interest is real, substantial and 45 continuing. The provisions of this subdivision shall not be construed to 46 limit the ability of any minority business enterprise to bid on any 47 contract. 48 § 11. Subdivision 3 of section 1115-x of the public authorities law, 49 as amended by chapter 669 of the laws of 2022, is amended to read as 50 follows: 51 3. Any contracting agency empowered to award contracts for design, 52 construction, services or materials shall seek meaningful participation 53 in the performance of contracts by minority business enterprises and 54 shall establish measures and procedures to identify those contracts and 55 items of work for which minority business enterprises may best bid to 56 actively and affirmatively promote and assist their participation so as 
 A. 8529 5 1 to facilitate the award of a fair share of contracts to such enter- 2 prises. For purposes hereof, "minority business enterprise" shall mean 3 any business enterprise which is at least fifty-one per centum owned by, 4 or in the case of a publicly owned business, at least fifty-one per 5 centum of the stock of which is owned by citizens or permanent resident 6 noncitizens who are Black, Hispanic, Asian, [American Indian] Indigenous 7 peoples or women, and such ownership interest is real, substantial and 8 continuing. The provisions of this subdivision shall not be construed to 9 limit the ability of any minority business enterprise to bid on any 10 contract. 11 § 12. Subdivision 3 of section 1197-q of the public authorities law, 12 as amended by chapter 669 of the laws of 2022, is amended to read as 13 follows: 14 3. The authority shall seek meaningful participation in the perform- 15 ance of contracts by minority business enterprises and shall establish 16 measures and procedures to identify those contracts and items of work 17 for which minority business enterprises may best bid to actively and 18 affirmatively promote and assist their participation so as to facilitate 19 the award of a fair share of contracts to such enterprises. For purposes 20 hereof, "minority business enterprise" shall mean any business enter- 21 prise which is at least fifty-one per centum owned by, or in the case of 22 a publicly owned business, at least fifty-one per centum of the stock of 23 which is owned by citizens or permanent resident noncitizens who are 24 Black, Hispanic, Asian, [American Indian] Indigenous peoples or women, 25 and such ownership interest is real, substantial and continuing. The 26 provisions of this subdivision shall not be construed to limit the abil- 27 ity of any minority business enterprise to bid on any contract. 28 § 13. Subdivision 3 of section 1199-v of the public authorities law, 29 as amended by chapter 669 of the laws of 2022, is amended to read as 30 follows: 31 3. Any contracting agency empowered to award contracts for design, 32 construction, services or materials shall seek meaningful participation 33 in the performance of contracts by minority business enterprises and 34 shall establish measures and procedures to identify those contracts and 35 items of work for which minority business enterprises may best bid to 36 actively and affirmatively promote and assist their participation so as 37 to facilitate the award of a fair share of contracts to such enter- 38 prises. For purposes hereof, "minority business enterprise" shall mean 39 any business enterprise which is at least fifty-one per centum owned by, 40 or in the case of a publicly owned business, at least fifty-one per 41 centum of the stock of which is owned by citizens or permanent resident 42 noncitizens who are Black, Hispanic, Asian, [American Indian] Indigenous 43 peoples or women, and such ownership interest is real, substantial and 44 continuing. The provisions of this subdivision shall not be construed to 45 limit the ability of any minority business enterprise to bid on any 46 contract. 47 § 14. Subparagraph (i) of paragraph (a) of subdivision 14 of section 48 1266-c of the public authorities law, as amended by chapter 669 of the 49 laws of 2022, is amended to read as follows: 50 (i) In the performance of projects pursuant to this title minority and 51 women-owned business enterprises shall be given the opportunity for 52 meaningful participation. The authority provided for in this title shall 53 establish measures and procedures to secure meaningful participation and 54 identify those contracts and items of work for which minority and 55 women-owned business enterprises may best bid to actively and affirma- 56 tively promote and assist their participation in the projects, so as to 
 A. 8529 6 1 facilitate the award of a fair share of contracts to such enterprises; 2 provided, however, that nothing in this title shall be construed to 3 limit the ability of the authority to assure that qualified minority and 4 women-owned business enterprises may participate in the program. For 5 purposes hereof, minority business enterprise shall mean any business 6 enterprise which is at least fifty-one per centum owned by, or in the 7 case of a publicly owned business, at least fifty-one per centum of the 8 stock of which is owned by citizens or permanent resident noncitizens 9 who are Black, Hispanic, Asian or [American Indian] Indigenous peoples, 10 Pacific Islander or Alaskan natives and such ownership interest is real, 11 substantial and continuing and have the authority to independently 12 control the day to day business decisions of the entity for at least one 13 year; and women-owned business enterprise shall mean any business enter- 14 prise which is at least fifty-one per centum owned by, or in the case of 15 a publicly owned business, at least fifty-one per centum of the stock of 16 which is owned by citizens or permanent resident noncitizens who are 17 women, and such ownership interest is real, substantial and continuing 18 and have the authority to independently control the day to day business 19 decisions of the entity for at least one year. 20 The provisions of this paragraph shall not be construed to limit the 21 ability of any minority or women-owned business enterprise to bid on any 22 contract. 23 § 15. Section 1974-d of the public authorities law, as amended by 24 chapter 669 of the laws of 2022, is amended to read as follows: 25 § 1974-d. Contracts. In connection with development, construction, 26 operations and maintenance contracts for projects of the authority, 27 minority and women-owned business enterprises and minority group members 28 and women shall be given the opportunity for meaningful participation. 29 The authority shall establish measures and procedures to secure meaning- 30 ful participation by minority and women-owned business enterprises on 31 contracts for projects of the authority. Such measures and procedures 32 shall also promote the employment of minority group members and women on 33 such contracts. For the purposes thereof, "minority business enterprise" 34 shall mean any business enterprise which is at least fifty-one per 35 centum owned by, or in the case of a publicly owned business, at least 36 fifty-one per centum of the stock of which is owned by citizens or 37 permanent resident noncitizens who are Black, Hispanic, Asian or [Ameri- 38 can Indian] Indigenous peoples, and such ownership interest is real, 39 substantial and continuing and "women-owned business enterprise" shall 40 mean any business enterprise which is at least fifty-one per centum 41 owned by, or in the case of a publicly owned business, at least fifty- 42 one percent of the stock of which is owned by citizens or permanent 43 resident noncitizens who are women and such ownership interest is real, 44 substantial and continuing. The provisions of this section shall not be 45 construed to limit the ability of any minority or women-owned business 46 enterprise to bid on any contract. In order to implement the require- 47 ments and objectives of this section in connection with such projects, 48 the authority shall be responsible for monitoring compliance with the 49 provisions hereof, providing advice on the availability of competitive 50 qualified minority and women-owned business enterprises to perform 51 contracts proposed to be awarded, and making recommendations to improve 52 the access of minority and women-owned business enterprises to these 53 contracts. 54 § 16. Subdivision 3 of section 2050-v of the public authorities law, 55 as amended by chapter 669 of the laws of 2022, is amended to read as 56 follows: 
 A. 8529 7 1 3. The agency in awarding contracts for design, construction, services 2 or materials, shall seek meaningful participation in the performance of 3 contracts by minority business enterprises and shall establish measures 4 and procedures to identify those contracts and items of work for which 5 minority business enterprises may best bid to actively and affirmatively 6 promote and assist their participation so as to facilitate the award of 7 a fair share of contracts to such enterprises. For purposes hereof, 8 "minority business enterprise" shall mean any business enterprise which 9 is at least fifty-one per centum owned by, or in the case of a publicly 10 owned business, at least fifty-one per centum of the stock of which is 11 owned by citizens or permanent resident noncitizens who are Black, 12 Hispanic, Asian, [American Indian] Indigenous peoples or women, and such 13 ownership interest is real, substantial and continuing. The provisions 14 of this subdivision shall not be construed to limit the ability of any 15 minority business enterprise to bid on any contract. 16 § 17. Subdivision 4 of section 2799-gggg of the public authorities 17 law, as amended by chapter 669 of the laws of 2022, is amended to read 18 as follows: 19 4. The corporation shall seek meaningful participation by minority 20 business enterprises in the programs of the corporation and shall 21 actively and affirmatively promote and assist their participation in the 22 corporation's programs, so as to facilitate the award of a fair share of 23 contracts to such enterprises. For purposes hereof, "minority business 24 enterprise" shall mean any business enterprise which is at least fifty- 25 one per centum owned by, or in the case of publicly owned business, at 26 least fifty-one per centum of the stock of which is owned by, citizens 27 or permanent resident noncitizens who are Black, Hispanic, Asian, [Amer- 28 ican Indian] Indigenous peoples or women, and such ownership interest is 29 real, substantial and continuing. 30 § 18. Subparagraph (ii) of paragraph (d) of subdivision 3 of section 31 2879 of the public authorities law, as amended by chapter 669 of the 32 laws of 2022, is amended to read as follows: 33 (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 34 Central or South American of either [Indian] Indigenous or Hispanic 35 origin, regardless of race; 36 § 19. Paragraph a of subdivision 2 of section 428 of the transporta- 37 tion law, as amended by chapter 669 of the laws of 2022, is amended to 38 read as follows: 39 a. In the performance of transportation infrastructure renewal 40 projects, minority and women-owned business enterprises shall be given 41 the opportunity for meaningful participation. The governor shall estab- 42 lish measures and procedures to secure meaningful participation and 43 identify those contracts and items of work for which minority and 44 women-owned business enterprises may best bid to actively and affirma- 45 tively promote and assist their participation in the department's 46 construction and procurement program for transportation infrastructure 47 renewal projects, so as to facilitate the award of a fair share of 48 contracts to such enterprises; provided, however, that nothing in this 49 article shall be construed to limit the ability of the governor to 50 assure that qualified minority and women-owned business enterprises may 51 participate in the transportation infrastructure renewal program. For 52 purposes hereof, minority business enterprise shall mean any business 53 enterprise which is at least fifty-one per centum owned by, or in the 54 case of a publicly owned business, at least fifty-one per centum of the 55 stock of which is owned by citizens or permanent resident noncitizens 56 who are Black, Hispanic, Asian or [American Indian] Indigenous peoples, 
 A. 8529 8 1 and such ownership interest is real, substantial and continuing; and 2 women-owned business enterprise shall mean any business enterprise which 3 is at least fifty-one per centum owned by, or in the case of a publicly 4 owned business, at least fifty-one per centum of the stock of which is 5 owned by citizens or permanent resident noncitizens who are women, and 6 such ownership interest is real, substantial and continuing. 7 The provisions of this paragraph shall not be construed to limit the 8 ability of any minority business enterprise to bid on any contract. 9 § 20. Paragraph (a) of subdivision 1 of section 9-b of section 1 of 10 chapter 359 of the laws of 1968, constituting the facilities development 11 corporation act, as amended by chapter 669 of the laws of 2022, is 12 amended to read as follows: 13 (a) Minority and women-owned business enterprises shall be given the 14 opportunity for meaningful participation in all contracts executed by 15 the corporation pursuant to the provisions of this act other than 16 contracts the cost of which is borne solely by a municipality or munici- 17 palities. The corporation shall establish measures and procedures to 18 secure meaningful participation and identify those contracts and items 19 of work for which minority and women-owned business enterprises may best 20 bid to actively and affirmatively promote and assist their participation 21 in the projects, so as to facilitate the award of a fair share of 22 contracts to such enterprises; provided, however, that nothing in this 23 act shall be construed to limit the ability of the corporation to assure 24 that qualified minority and women-owned business enterprises may partic- 25 ipate in the program. For purposes hereof, minority business enterprise 26 shall mean any business enterprise which is at least fifty-one per 27 centum owned by, or in the case of a publicly owned business, at least 28 fifty-one per centum of the stock of which is owned by citizens or 29 permanent resident noncitizens who are Black, Hispanic, Asian or [Ameri- 30 can Indian] Indigenous peoples, Pacific Islander or Alaskan natives and 31 such ownership interest is real, substantial and continuing and have the 32 authority to independently control the day to day business decisions of 33 the entity for at least one year; and women-owned business enterprise 34 shall mean any business enterprise which is at least fifty-one per 35 centum owned by, or in the case of a publicly owned business, at least 36 fifty-one per centum of the stock of which is owned by citizens or 37 permanent resident noncitizens who are women, and such ownership inter- 38 est is real, substantial and continuing and have the authority to inde- 39 pendently control the day to day business decisions of the entity for at 40 least one year. 41 The provisions of this paragraph shall not be construed to limit the 42 ability of any minority or women-owned business enterprise to bid on any 43 contract. 44 § 21. Paragraph a of subdivision 1 of section 16-b of section 1 of 45 chapter 392 of the laws of 1973, constituting the New York state medical 46 care facilities finance agency act, as amended by chapter 669 of the 47 laws of 2022, is amended to read as follows: 48 a. In the performance of projects pursuant to this act minority and 49 women-owned business enterprises shall be given the opportunity for 50 meaningful participation. The agency shall establish measures and proce- 51 dures to secure meaningful participation and identify those contracts 52 and items of work for which minority and women-owned business enter- 53 prises may best bid to actively and affirmatively promote and assist 54 their participation in the projects, so as to facilitate the award of a 55 fair share of contracts to such enterprises; provided, however, that 56 nothing in this act shall be construed to limit the ability of the agen- 
 A. 8529 9 1 cy to assure that qualified minority and women-owned business enter- 2 prises may participate in the program. For purposes hereof, minority 3 business enterprise shall mean any business enterprise which is at least 4 fifty-one per centum owned by, or in the case of a publicly owned busi- 5 ness, at least fifty-one per centum of the stock of which is owned by 6 citizens or permanent resident noncitizens who are Black, Hispanic, 7 Asian or [American Indian] Indigenous peoples, Pacific Islander or Alas- 8 kan natives and such ownership interest is real, substantial and contin- 9 uing and have the authority to independently control the day to day 10 business decisions of the entity for at least one year; and women-owned 11 business enterprise shall mean any business enterprise which is at least 12 fifty-one per centum owned by, or in the case of a publicly owned busi- 13 ness, at least fifty-one per centum of the stock of which is owned by 14 citizens or permanent resident noncitizens who are women, and such 15 ownership interest is real, substantial and continuing and have the 16 authority to independently control the day to day business decisions of 17 the entity for at least one year. 18 The provisions of this paragraph shall not be construed to limit the 19 ability of any minority or women-owned business enterprise to bid on any 20 contract. 21 § 22. Paragraphs (b) and (d) of subdivision 19 of section 3 of section 22 1 of chapter 174 of the laws of 1968 constituting the New York state 23 urban development corporation act, as added by chapter 839 of the laws 24 of 1987, are amended to read as follows: 25 (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 26 Central or South American descent of either [Indian] Indigenous or 27 Hispanic origin, regardless of race; 28 (d) [American Indian] Indigenous peoples or Alaskan Native persons 29 having origins in any of the original peoples of North America and main- 30 taining identifiable tribal affiliations through membership and partic- 31 ipation or community identification. 32 § 23. This act shall take effect immediately, provided, however, that 33 the amendments to subdivision 8 of section 310 of the executive law made 34 by section seven of this act shall not affect the repeal of such section 35 and shall be deemed repealed therewith.