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S03253 Summary:

BILL NOS03253
 
SAME ASSAME AS A00862
 
SPONSORMANNION
 
COSPNSR
 
MLTSPNSR
 
Amd §310, Exec L
 
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.
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S03253 Actions:

BILL NOS03253
 
01/30/2023REFERRED TO PROCUREMENT AND CONTRACTS
05/22/20231ST REPORT CAL.1197
05/23/20232ND REPORT CAL.
05/24/2023ADVANCED TO THIRD READING
06/10/2023COMMITTED TO RULES
01/03/2024REFERRED TO PROCUREMENT AND CONTRACTS
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S03253 Memo:

Memo not available
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S03253 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3253
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2023
                                       ___________
 
        Introduced  by  Sen. MANNION -- 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 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
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