NY State Senate Bill 2025-S6006

Senate Bill S6006

2025-2026 Legislative Session

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

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2025	referred to procurement and contracts

2025-S6006 (ACTIVE) - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §310, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S3253

2025-S6006 (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.

2025-S6006 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6006

SPONSOR: BASKIN
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to ensure that an employment agency applying
for MWBE status not be denied that status if the amount of full-time,
temporary, contract for hire, and direct hire placement employees exceed
300 employees provided its annual receipts calculated pursuant to the
provisions of 13 CFR 121.104 are less than 30 million dollars.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill would amend subdivision 20 of section 310 of the
executive law, as added by chapter 175 of the laws of 2010. This section
of the bill adds language that sets out the eligibility of an employment

agency. Specifically, the section states that an employment agency shall
be a small business if the annual receipts of such employment agency
calculated pursuant to federal small business administration standards
prescribed in 13 CFR Section 121.201 are less than thirty million
dollars.

Section 2 of this bill provides that the effective date 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.

 
JUSTIFICATION:

Currently, the Division of Minority and Women's Business Development
(DMWBD) requires MWBE applicants to submit copies of their NYS-45 Quar-
terly Combined Withholding, Wage Reporting, and Unemployment Insurance
Returns to accompany an application for certification as an MWBE. This
requirement is meant to verify the number of employees at a business to
ensure that it does not exceed the number of employees a business may
have to become MWBE certified. As a result of this requirement, on
paper, staffing agencies appear significantly larger than they are as
they report not only full-time employees, but also temporary employees
that work under the direction and control of staffing agency clients.

Therefore, DMWBD's requirement for staffing agencies applying for MWBE
status prevents many of those agencies from attaining MWBE status. By
amending the Executive law, staffmg agencies applying for MWBE status
will not be barred from achieving that status based on the current meth-
od DMWBD uses to determine the number of employees at a business.

 
LEGISLATIVE HISTORY:

2023 S3253 Mannion - Referred to Procurement and Contracts

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2025-S6006 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6006
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2025
                                ___________
 
 Introduced  by  Sen.  BASKIN -- 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 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
 amended by chapter 44 of the  laws  of  2024,  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. PROVIDED HOWEVER, WHEN
 DETERMINING THE ELIGIBILITY OF  AN  EMPLOYMENT  AGENCY,  AS  DEFINED  IN
 SECTION  ONE HUNDRED SEVENTY-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. For purposes of this subdivision, an  employee
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09696-01-5

 S. 6006                             2
 
 may break from employment for up to thirteen weeks without the fifty-two
 week lookback period resetting.
   §  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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