Bill Text: NY S02564 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides a rebuttable presumption relating to further certification as a minority and women-owned business enterprise if there is no change in the ownership of the enterprise and no material change in the nature or management of the enterprise from the time of approval of the previous minority and women-owned business enterprise certification.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO PROCUREMENT AND CONTRACTS [S02564 Detail]

Download: New_York-2021-S02564-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2564

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 21, 2021
                                       ___________

        Introduced  by  Sens. JORDAN, TEDISCO -- 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  enterprise  satisfies
    15  the  requirements  of paragraphs (a), (b) and (c) of subdivision fifteen
    16  of section three hundred ten of this article.
    17    § 2. This act shall take effect on the first of July  next  succeeding
    18  the date upon which it shall have become a law and shall apply to appli-
    19  cations  submitted  by  a  business  enterprise for further minority and
    20  women-owned business enterprise certification  submitted  on  and  after
    21  such  effective  date;  provided,  however,  that the amendments made to
    22  section 314 of the executive law made  by section 1 of  this  act  shall
    23  not affect the repeal of such section and shall be deemed repealed ther-
    24  ewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00865-01-1