Amd §310, Exec L (as proposed in S.1873-A & A.7295-A)
 
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8563
SPONSOR: Bichotte Hermelyn
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make clarifying changes to Chapter 700 of
the Laws of 2023 in order to effectuate the intent of the law.
 
SUMMARY OF PROVISIONS:
Section one of this bill would specify that the provisions of Chapter
700 of the Laws of 2023 only apply to declared state disaster emergen-
cies, not any other emergencies.
Section two would establish the effective date.
 
JUSTIFICATION:
This bill limits the scope of Chapter 700 of the Laws of 2023 to only
apply to declared state disaster emergencies. Chapter 700 of the Laws of
2023 brings clarity to requirements regarding the number of employees
that are permitted to work during a declared emergency, with the intent
of bringing greater inclusion and increased certainty to MWBEs.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending 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 critical need, as proposed in legislative bills numbers S.
1873-A and A. 7295-A, takes effect; 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deemed repealed therewith.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
________________________________________________________________________
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.