Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Bill S9588
2021-2022 Legislative Session
Sponsored By
There are no sponsors of this bill.
Archive: Last Bill Status -
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2021-S9588 (ACTIVE) - Details
2021-S9588 (ACTIVE) - Summary
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.
2021-S9588 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9588 SPONSOR: HINCHEY TITLE OF BILL: 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 SUMMARY OF PROVISIONS: Section 1 amends section 314 of the executive law relating to the minor- ity and women-owned business enterprise (MWBE) certification process. This Section provides that, if there is no change in ownership or mate- rial change in the nature or management of the MWBE, a rebuttable presumption exists for that MBE's recertification. Section 2 establishes the effective date. JUSTIFICATION: The application process for the MWBE program - especially with respect
2021-S9588 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9588 I N S E N A T E 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: 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 FURTHER MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE CERTIFICATION, 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, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE PREVIOUS MINORITY-OWNED BUSINESS ENTERPRISE SATISFIES THE REQUIREMENTS OF PARAGRAPHS (A), (B) AND (C) OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED TEN OF THIS ARTI- CLE 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. § 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 further minority and women-owned business enterprise certification submitted on and after such effective 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 there- with. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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