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.
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23 repealed therewith.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
