senate Bill S8975

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 14, 2020 referred to rules

Co-Sponsors

S8975 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §314, Exec L

S8975 (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.

S8975 (ACTIVE) - Sponsor Memo

S8975 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8975
 
                             I N  S E N A T E
 
                            September 14, 2020
                                ___________
 
 Introduced  by  Sen.  JORDAN -- 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 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  made  to
 section  314  of  the executive law made  by section 1 of this act shall
 not affect the repeal of such section and shall be deemed repealed ther-
 ewith.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17294-01-0

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