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Senate Bill S541B

2021-2022 Legislative Session

Changes the maximum number of employees that a minority and women-owned business enterprise may have during a declared state disaster emergency

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Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

2021-S541 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §310, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S9038
2023-2024: S1873

2021-S541 - Summary

Changes the maximum number of employees that a minority and women-owned business enterprise may have during a declared state disaster emergency 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.

2021-S541 - Sponsor Memo

2021-S541 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    541
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, SANDERS, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to changing  the  maximum
   number  of  employees  that a minority and women-owned business enter-
   prise may have from three hundred employees to three hundred employees
   who work thirty or more hours per week
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  20  of  section 310 of the executive law, as
 added by chapter 175 of the laws of 2010, is amended to read as follows:
   20. "Small business" as used in this section, unless  otherwise  indi-
 cated,  shall  mean a business which has a significant business presence
 in the state, is independently owned and operated, not dominant  in  its
 field and employs, based on its industry, a certain number of persons as
 determined  by  the  director, but not to exceed three hundred EMPLOYEES
 WHO WORK THIRTY OR MORE HOURS PER WEEK, ON AVERAGE OVER  THE  PERIOD  OF
 FIFTY-TWO  WEEKS,  taking  into consideration factors which include, but
 are not limited to,  federal  small  business  administration  standards
 pursuant to 13 CFR part 121 and any amendments thereto. The director may
 issue regulations on the construction of the terms in this definition.
   §  2. This act shall take effect immediately; provided that the amend-
 ments 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.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04908-01-1

co-Sponsors

2021-S541A - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §310, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S9038
2023-2024: S1873

2021-S541A - Summary

Changes the maximum number of employees that a minority and women-owned business enterprise may have during a declared state disaster emergency 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.

2021-S541A - Sponsor Memo

2021-S541A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  541--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, SANDERS, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Finance
   --  committee  discharged  and said bill committed to the Committee on
   Procurement and  Contracts  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the executive law, in relation to changing the maximum
   number of employees that a minority and  women-owned  business  enter-
   prise may have from three hundred employees to three hundred employees
   who work thirty or more hours per week over a fifty-two week period
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 20 of section 310  of  the  executive  law,  as
 added by chapter 175 of the laws of 2010, is amended to read as follows:
   20.  "Small  business" as used in this section, unless otherwise indi-
 cated, shall mean a business which has a significant  business  presence
 in  the  state, is independently owned and operated, not dominant in its
 field and employs, based on its industry, a certain number of persons as
 determined by the director, but not to exceed  three  hundred  EMPLOYEES
 WHO  WORK  THIRTY  OR  MORE  HOURS PER WEEK OVER THE PERIOD OF FIFTY-TWO
 WEEKS FOR A TOTAL OF ONE  THOUSAND  FIVE  HUNDRED  SIXTY  HOURS  WORKED,
 taking into consideration factors which include, but are not limited to,
 federal  small business administration standards pursuant to 13 CFR part
 121 and any amendments thereto. The director may  issue  regulations  on
 the  construction  of the terms in this definition. FOR PURPOSES OF THIS
 SUBDIVISION, AN EMPLOYEE MAY BREAK FROM EMPLOYMENT FOR  UP  TO  THIRTEEN
 WEEKS WITHOUT THE FIFTY-TWO WEEK LOOKBACK PERIOD RESETTING.
   §  2. This act shall take effect immediately; provided that the amend-
 ments 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-S541B (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §310, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S9038
2023-2024: S1873

2021-S541B (ACTIVE) - Summary

Changes the maximum number of employees that a minority and women-owned business enterprise may have during a declared state disaster emergency 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.

2021-S541B (ACTIVE) - Sponsor Memo

2021-S541B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  541--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, SANDERS, COMRIE, JACKSON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance -- committee discharged and said bill committed to the Commit-
   tee  on  Procurement  and  Contracts  --  committee  discharged,  bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted  to the Committee on Procurement and Contracts in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the executive law, in relation to changing  the  maximum
   number  of  employees  that a minority and women-owned business enter-
   prise may have during a declared state disaster emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  20  of  section 310 of the executive law, as
 added by chapter 175 of the laws of 2010, is amended to read as follows:
   20. "Small business" as used in this section, unless  otherwise  indi-
 cated,  shall  mean a business which has a significant business presence
 in the state, is independently owned and operated, not dominant  in  its
 field and employs, based on its industry, a certain number of persons as
 determined  by  the  director,  but  not to exceed three hundred, EXCEPT
 DURING A DECLARED  STATE  DISASTER  EMERGENCY  AS  DEFINED  PURSUANT  TO
 SECTION  TWENTY-EIGHT  OF  THIS  CHAPTER,  NOT  TO  EXCEED THREE HUNDRED
 EMPLOYEES WHO WORK THIRTY OR MORE HOURS PER  WEEK  OVER  THE  PERIOD  OF
 FIFTY-TWO  WEEKS  FOR  A  TOTAL OF ONE THOUSAND FIVE HUNDRED SIXTY HOURS
 WORKED, taking into consideration factors which  include,  but  are  not
 limited  to, federal small business administration standards pursuant to
 13 CFR part 121 and any amendments thereto. The director may issue regu-
 lations on the  construction  of  the  terms  in  this  definition.  FOR
 PURPOSES  OF THIS SUBDIVISION, AN EMPLOYEE MAY BREAK FROM EMPLOYMENT FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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