NY State Senate Bill 2023-S7429

Senate Bill S7429

2023-2024 Legislative Session

Relates to the definition of small business for the purposes of minority and women-owned business enterprises

download bill text pdf

Current Bill Status - In Senate Committee Procurement And Contracts Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to procurement and contracts
May 24, 2023	referred to procurement and contracts

2023-S7429 (ACTIVE) - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §310, Exec L

2023-S7429 (ACTIVE) - Summary

Provides that "small business" for the purposes of minority and women-owned business enterprises 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 for industries otherwise specified by the small business size standards pursuant to 13 CFR 121.201 which shall be determined by the size standard in number of employees.

2023-S7429 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7429

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the executive law, in relation to the definition of
small business

 
PURPOSE:

The purpose of this bill is to align New York State's minority and
women-owned business (MWBE) employee size standards with the federal
standards for small businesses.

 
SUMMARY OF PROVISIONS:

Section 1. amends Subdivision 20 of section 310 of the executive law to
align New York State's MWBE's employee size standards with the federal
standards for small businesses pursuant to 13 CFR 121.201.

Section 2. is the enacting clause.

 
JUSTIFICATION:

The purpose of this bill is to align New York State's minority and
women-owned business (MWBE) employee size standards with the federal
standards for small businesses. One of the primary shortcomings of the
current New York State MWBE employee size standards is the lack of
consideration for industry-specific variations. The state's cap of 300
employees fails to recognize the diversity and unique characteristics of
different industries. In contrast, the federal Small Business Size Regu-
lation takes a more comprehensive and industry-specific approach when
determining the maximum employee count for small businesses. By aligning
with the federal standards, the proposed bill acknowledges the need for
a nuanced evaluation of MWBEs based on their respective industries,
allowing for a fair and accurate classification of businesses.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to article 15-A of the executive law made by section one of
this act shall not affect the repeal of such article and shall be deemed
repealed therewith.

2023-S7429 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7429
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the executive law, in  relation  to  the  definition  of
   small business
 
   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]
 EXCEPT  FOR  INDUSTRIES  OTHERWISE  SPECIFIED BY THE SMALL BUSINESS SIZE
 STANDARDS PURSUANT TO 13 CFR 121.201 WHICH SHALL BE  DETERMINED  BY  THE
 SIZE  STANDARD  IN  NUMBER  OF  EMPLOYEES.  THE DIRECTOR SHALL TAKE 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, however, that
 the amendments to article 15-A of the executive law made  by section one
 of this act shall not affect the repeal of such  article  and  shall  be
 deemed repealed therewith.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11609-01-3

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