Provides a rebuttable presumption relating to recertification as a minority and women-owned business enterprise, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9451
 
                           I N  A S S E M B L Y
 
                              January 6, 2026
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to providing a rebuttable
   presumption  relating to recertification 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:

   Section  1.  Subdivision  5  of  section  314 of the executive law, as
 amended by a chapter of the laws of  2025  amending  the  executive  law
 relating  to  providing  a  rebuttable presumption relating to recertif-
 ication as a minority and women-owned business enterprise,  as  proposed
 in  legislative  bills numbers S. 596 and A. 2296, is amended to read as
 follows:
   5. (a) With  the  exception  of  provisional  MWBE  certification,  as
 provided for in subdivision twenty-three of section three hundred ten of
 this  article,  all minority and women-owned business enterprise certif-
 ications shall be valid for a period of five years.
   (b) [Upon] WITHIN EIGHTEEN MONTHS OF the expiration of a minority  and
 women-owned  business  enterprise  certification and the submission of a
 new AND COMPLETED application  for  minority  and  women-owned  business
 enterprise [recertification] CERTIFICATION, if there is no change in the
 ownership  OR  CAPITAL CONTRIBUTION RELIED UPON FOR CERTIFICATION of the
 enterprise and no material change in the nature  or  management  of  the
 enterprise  from  the time of approval of a previous [original] minority
 and women-owned business  enterprise  certification  that  was  approved
 within  the previous [ten] SIX years AND SIX MONTHS, if such application
 is compliant with [21 NYCRR 9606] 5 NYCRR 144  then  there  shall  be  a
 rebuttable  presumption that the previous minority-owned business enter-
 prise satisfies the requirements of paragraphs (a)[,] AND (b) [and  (c)]
 of  subdivision  seven  of section three hundred ten of this article and
 that the previous women-owned business enterprise satisfies the require-
 ments of paragraphs (a)[,] AND (b) [and (c)] of subdivision  fifteen  of
 section three hundred ten of this article.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01747-02-6
 A. 9451                             2
 
   (C)  THE DIVISION IN ITS DISCRETION MAY REVIEW APPLICATIONS SUBJECT TO
 THIS REBUTTABLE PRESUMPTION AND ISSUE SUCH DETERMINATION PURSUANT TO ALL
 APPLICABLE LAWS AND REGULATIONS. ANY PRESUMPTION OF MINORITY AND  WOMEN-
 OWNED  BUSINESS  ENTERPRISE  CERTIFICATION  SHALL  EXPIRE UPON THE FINAL
 DETERMINATION OF AN APPLICATION FOR CERTIFICATION.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2025  amending  the  executive  law
 relating  to  providing  a  rebuttable presumption relating to recertif-
 ication as a minority and women-owned business enterprise,  as  proposed
 in legislative bills numbers S. 596 and A. 2296, takes effect.