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Assembly Bill A862

2023-2024 Legislative Session

Clarifies the eligibility of an employment agency for status as a small business for certain programs

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Archive: Last Bill Status - In Assembly Committee

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2023-A862 (ACTIVE) - Details

See Senate Version of this Bill:
S3253
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §310, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8615
2025-2026: S6006

2023-A862 (ACTIVE) - Summary

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.

2023-A862 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    862
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. STIRPE, FAHY, HEVESI, SAYEGH, STERN, DICKENS,
   GUNTHER, DAVILA,  TAYLOR,  J. M. GIGLIO,  GOODELL  --  read  once  and
   referred to the Committee on Governmental Operations
 
 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:
 
   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, 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.  PROVIDED HOWEVER, WHEN DETERMINING  THE  ELIGI-
 BILITY OF AN EMPLOYMENT AGENCY, AS DEFINED IN SECTION ONE HUNDRED SEVEN-
 TY-ONE OF THE GENERAL BUSINESS LAW, AS A SMALL BUSINESS PURSUANT TO THIS
 SUBDIVISION  THERE SHALL BE NO RESTRICTION ON THE NUMBER OF EMPLOYEES OF
 SUCH EMPLOYMENT AGENCY. AN EMPLOYMENT AGENCY SHALL BE CONSIDERED A SMALL
 BUSINESS IF THE ANNUAL RECEIPTS OF  SUCH  EMPLOYMENT  AGENCY  CALCULATED
 PURSUANT TO THE PROVISIONS OF 13 CFR 121.104 AND ANY AMENDMENTS THERETO,
 ARE LESS THAN THIRTY MILLION DOLLARS. The director may issue regulations
 on the construction of the terms in this definition.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law, provided, however, 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 to be
 repealed therewith.   Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

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