Bill Text: NY S09588 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 9588 (Prior Session Legislation)

Introduced

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 (Democrat 1-0)

Status: (Introduced - Dead) 2022-10-28 - REFERRED TO RULES [S09588 Detail]

Download: New_York-2021-S09588-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          9588

                    IN SENATE

                                    October 28, 2022
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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.
                                                                   LBD16512-01-2