Bill Text: NY A08563 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes technical changes to provisions relating to maximum number of employees that a minority and women-owned business enterprise may have during a declared state disaster emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-02-07 - signed chap.44 [A08563 Detail]

Download: New_York-2023-A08563-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8563

                   IN ASSEMBLY

                                     January 9, 2024
                                       ___________

        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Governmental Operations

        AN ACT to amend the executive law, relating 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,  in relation to limiting such provisions to declared state
          disasters

          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  amended by a chapter of the laws of  2023  amending  the  executive  law
     3  relating  to  the maximum number of employees that a minority and women-
     4  owned business enterprise may have  during  a  declared  state  disaster
     5  emergency  or  other emergency or critical need, as proposed in legisla-
     6  tive bills numbers S. 1873-A and  A.  7295-A,  is  amended  to  read  as
     7  follows:
     8    20.  "Small  business" as used in this section, unless otherwise indi-
     9  cated, shall mean a business which has a significant  business  presence
    10  in  the  state, is independently owned and operated, not dominant in its
    11  field and employs, based on its industry, a certain number of persons as
    12  determined by the director, but not  to  exceed  three  hundred,  except
    13  during  a  declared  state  disaster  emergency  as  defined pursuant to
    14  section twenty-eight of this chapter, [or when engaging in work  related
    15  to  any  other  emergency, or critical need] not to exceed three hundred
    16  employees who work thirty or more hours per  week  over  the  period  of
    17  fifty-two  weeks  for  a  total of one thousand five hundred sixty hours
    18  worked, taking into consideration factors which  include,  but  are  not
    19  limited  to, federal small business administration standards pursuant to
    20  13 CFR part 121 and any amendments thereto. The director may issue regu-
    21  lations on the  construction  of  the  terms  in  this  definition.  For
    22  purposes  of this subdivision, an employee may break from employment for
    23  up to thirteen weeks without the fifty-two week lookback  period  reset-
    24  ting.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06521-04-4
        A. 8563                             2

     1    §  2.  This  act  shall  take  effect on the same date and in the same
     2  manner as a chapter of the laws  of  2023  amending  the  executive  law
     3  relating  to  the maximum number of employees that a minority and women-
     4  owned business enterprise may have  during  a  declared  state  disaster
     5  emergency  or  other emergency or critical need, as proposed in legisla-
     6  tive bills numbers S.  1873-A and A. 7295-A, takes effect; provided that
     7  the amendments to subdivision 20 of section 310  of  the  executive  law
     8  made  by  section  one  of  this act shall not affect the repeal of such
     9  section and shall be deemed repealed therewith.