Bill Text: NY A00862 | 2023-2024 | General Assembly | Introduced

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Bill Title: Clarifies the eligibility of an employment agency for status as a small business for division of minority and women's business development programs by changing the basis from number of employees to annual receipts.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A00862 Detail]

Download: New_York-2023-A00862-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           862

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A. STIRPE, FAHY, HEVESI, SAYEGH, STERN, DICKENS,
          GUNTHER, DAVILA,  TAYLOR,  J. M. GIGLIO,  GOODELL  --  read  once  and
          referred to the Committee on Governmental Operations

        AN  ACT to amend the executive law, in relation to clarifying the eligi-
          bility of an employment agency for status  as  a  small  business  for
          certain programs

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 20 of section 310  of  the  executive  law,  as
     2  added by chapter 175 of the laws of 2010, is amended to read as follows:
     3    20.  "Small  business" as used in this section, unless otherwise indi-
     4  cated, shall mean a business which has a significant  business  presence
     5  in  the  state, is independently owned and operated, not dominant in its
     6  field and employs, based on its industry, a certain number of persons as
     7  determined by the director, but not to exceed three hundred, taking into
     8  consideration factors which include, but are  not  limited  to,  federal
     9  small  business administration standards pursuant to 13 CFR part 121 and
    10  any amendments thereto.  Provided however, when determining  the  eligi-
    11  bility of an employment agency, as defined in section one hundred seven-
    12  ty-one of the general business law, as a small business pursuant to this
    13  subdivision  there shall be no restriction on the number of employees of
    14  such employment agency. An employment agency shall be considered a small
    15  business if the annual receipts of  such  employment  agency  calculated
    16  pursuant to the provisions of 13 CFR 121.104 and any amendments thereto,
    17  are less than thirty million dollars. The director may issue regulations
    18  on the construction of the terms in this definition.
    19    §  2.  This  act shall take effect on the thirtieth day after it shall
    20  have become a law, provided, however, that the amendments to subdivision
    21  20 of section 310 of the executive law made by section one of  this  act
    22  shall  not  affect  the repeal of such section and shall be deemed to be
    23  repealed therewith.   Effective  immediately,  the  addition,  amendment
    24  and/or repeal of any rule or regulation necessary for the implementation
    25  of  this  act  on  its  effective  date  are  authorized  to be made and
    26  completed on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00337-01-3