Bill Text: NY S01873 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to the maximum number of employees that a minority and women-owned business enterprise may have during a declared state disaster emergency or other emergency or critical need; changes such maximum from three hundred employees to three hundred employees who work thirty or more hours per week over the period of fifty-two weeks for a total of 1,560 hours worked.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-12-08 - APPROVAL MEMO.46 [S01873 Detail]

Download: New_York-2023-S01873-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1873--A
            Cal. No. 181

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Procurement and  Contracts
          -- reported favorably from said committee, ordered to first and second
          report,  ordered to a third reading, passed by Senate and delivered to
          the Assembly, recalled, vote reconsidered, restored to third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading

        AN ACT to amend the executive law, in relation to the maximum number  of
          employees that a minority and women-owned business enterprise may have
          during a declared state disaster emergency or other emergency or crit-
          ical need

          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,  except
     8  during  a  declared  state  disaster  emergency  as  defined pursuant to
     9  section twenty-eight of this chapter, or when engaging in  work  related
    10  to  any  other  emergency,  or critical need not to exceed three hundred
    11  employees who work thirty or more hours per  week  over  the  period  of
    12  fifty-two  weeks  for  a  total of one thousand five hundred sixty hours
    13  worked, taking into consideration factors which  include,  but  are  not
    14  limited  to, federal small business administration standards pursuant to
    15  13 CFR part 121 and any amendments thereto. The director may issue regu-
    16  lations on the  construction  of  the  terms  in  this  definition.  For
    17  purposes  of this subdivision, an employee may break from employment for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06521-02-3
        S. 1873--A                          2

     1  up to thirteen weeks without the fifty-two week lookback  period  reset-
     2  ting.
     3    §  2. This act shall take effect immediately; provided that the amend-
     4  ments to subdivision 20 of section 310 of  the  executive  law  made  by
     5  section  one of this act shall not affect the repeal of such section and
     6  shall be deemed repealed therewith.