Senate Bill S1687

2023-2024 Legislative Session

Provides a rebuttable presumption relating to recertification as a minority and women-owned business enterprise

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Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S1687 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §314, Exec L

2023-S1687 - Summary

Provides a rebuttable presumption relating to recertification 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.

2023-S1687 - Sponsor Memo

2023-S1687 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1687
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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:
 
   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.

co-Sponsors

2023-S1687A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §314, Exec L

2023-S1687A (ACTIVE) - Summary

Provides a rebuttable presumption relating to recertification 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.

2023-S1687A (ACTIVE) - Sponsor Memo

2023-S1687A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1687--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 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  -- recommitted to the
   Committee on Procurement and Contracts in accordance with Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05745-02-4
 S. 1687--A                          2

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