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
 ________________________________________________________________________
 
                                    596
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. HINCHEY, COONEY, FERNANDEZ, MURRAY, PARKER, WEBB --
   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 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 chapter 96 of the  laws  of  2019,  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 THE EXPIRATION OF A MINORITY AND WOMEN-OWNED BUSINESS ENTER-
 PRISE CERTIFICATION AND THE SUBMISSION OF A NEW APPLICATION FOR MINORITY
 AND WOMEN-OWNED BUSINESS ENTERPRISE  RECERTIFICATION,  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  A
 PREVIOUS  ORIGINAL  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE CERTIF-
 ICATION THAT WAS APPROVED WITHIN THE PREVIOUS TEN YEARS, IF SUCH  APPLI-
 CATION  IS COMPLIANT WITH 21 NYCRR 9606 THEN THERE SHALL BE A REBUTTABLE
 PRESUMPTION THAT THE PREVIOUS MINORITY-OWNED BUSINESS ENTERPRISE  SATIS-
 FIES  THE  REQUIREMENTS  OF  PARAGRAPHS  (A), (B) AND (C) OF SUBDIVISION
 SEVEN OF SECTION THREE HUNDRED TEN OF THIS ARTICLE AND THAT THE PREVIOUS
 WOMEN-OWNED BUSINESS ENTERPRISE SATISFIES THE REQUIREMENTS OF PARAGRAPHS
 (A), (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.
                                                            LBD01747-01-5
 S. 596                              2
 
   §  2.  This act shall take effect on the first of July next succeeding
 the date upon which it shall have become a law and shall apply to appli-
 cations submitted by a business enterprise for minority and  women-owned
 business  enterprise  recertification submitted on and after such effec-
 tive  date; provided, however, that the amendments to section 314 of the
 executive law made  by section one of this  act  shall  not  affect  the
 repeal of such section and shall be deemed repealed therewith.