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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1873

                               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

        AN ACT to amend the executive law, in relation to changing  the  maximum
          number  of  employees  that a minority and women-owned business enter-
          prise may have during a declared state disaster emergency

          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,  not  to  exceed three hundred
    10  employees who work thirty or more hours per  week  over  the  period  of
    11  fifty-two  weeks  for  a  total of one thousand five hundred sixty hours
    12  worked, taking into consideration factors which  include,  but  are  not
    13  limited  to, federal small business administration standards pursuant to
    14  13 CFR part 121 and any amendments thereto. The director may issue regu-
    15  lations on the  construction  of  the  terms  in  this  definition.  For
    16  purposes  of this subdivision, an employee may break from employment for
    17  up to thirteen weeks without the fifty-two week lookback  period  reset-
    18  ting.
    19    §  2. This act shall take effect immediately; provided that the amend-
    20  ments to subdivision 20 of section 310 of  the  executive  law  made  by
    21  section  one of this act shall not affect the repeal of such section and
    22  shall be deemed repealed therewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06521-01-3