STATE OF NEW YORK ________________________________________________________________________ 1687 2023-2024 Regular Sessions IN SENATE January 13, 2023 ___________ Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts AN ACT to amend the executive law, in relation to providing a rebuttable presumption relating to certification as a minority and women-owned business enterprise The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 314 of the executive law, as 2 amended by chapter 96 of the laws of 2019, is amended to read as 3 follows: 4 5. (a) With the exception of provisional MWBE certification, as 5 provided for in subdivision twenty-three of section three hundred ten of 6 this article, all minority and women-owned business enterprise certif- 7 ications shall be valid for a period of five years. 8 (b) Upon the expiration of a minority and women-owned business enter- 9 prise certification and the submission of a new application for further 10 minority and women-owned business enterprise certification, if there is 11 no change in the ownership of the enterprise and no material change in 12 the nature or management of the enterprise from the time of approval of 13 the previous minority and women-owned business enterprise certification, 14 there shall be a rebuttable presumption that the previous minority-owned 15 business enterprise satisfies the requirements of paragraphs (a), (b) 16 and (c) of subdivision seven of section three hundred ten of this arti- 17 cle and that the previous women-owned business enterprise satisfies the 18 requirements of paragraphs (a), (b) and (c) of subdivision fifteen of 19 section three hundred ten of this article. 20 § 2. This act shall take effect on the first of July next succeeding 21 the date upon which it shall have become a law and shall apply to appli- 22 cations submitted by a business enterprise for further minority and 23 women-owned business enterprise certification submitted on and after 24 such effective date; provided, however, that the amendments to section 25 314 of the executive law made by section one of this act shall not 26 affect the repeal of such section and shall be deemed repealed there- 27 with. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05745-01-3