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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7295A
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
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
PURPOSE:
This legislation clarifies that the maximum number of employees an MWBE
may have to qualify as such from 300 employees to 300 employees who work
thirty or more hours per week, on average over the period of 52 weeks
during a declared state disaster emergency
SUMMARY OF PROVISIONS:
Section 1 amends Subdivision 20 of section 310 of the executive law, as
added by chapter 175 of the laws of 2010 is amended to clarify that the.
300 maximum employee limit under current law, should be reflective of
300 employees who work thirty or more hour's per week, on average of the
period of fifty-two weeks during declared state disaster emergencies.
Also allows for a break from employment for up to thirteen weeks without
the fifty-two week lookback period resetting.
Section 2 is the effective date.
JUSTIFICATION:
This legislation seeks to bring greater clarity to the 300 employee
limit to mimic language for the definition of employee that is included
as part of the Affordable Care Act during a declared state disaster
emergency. This legislation will bring greater inclusion, and increased
certainty to MWBEs.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to.
subdivision 20 of section 310 of the executive law made by section one
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
7295--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 17, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
18 up to thirteen weeks without the fifty-two week lookback period reset-
19 ting.
20 § 2. This act shall take effect immediately; provided that the amend-
21 ments to subdivision 20 of section 310 of the executive law made by
22 section one of this act shall not affect the repeal of such section and
23 shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06521-03-3
