S T A T E O F N E W Y O R K
________________________________________________________________________
6374
2025-2026 Regular Sessions
I N S E N A T E
March 12, 2025
___________
Introduced by Sen. COONEY -- 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 for minority group members and women with respect to
state contracts
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] FIVE hundred,
except during a declared state disaster emergency as defined pursuant to
section twenty-eight of this chapter, not to exceed [three] FIVE 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
up to thirteen weeks without the fifty-two week lookback period reset-
ting.
§ 2. This act shall take effect immediately; provided however, 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repealed therewith.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.
LBD06220-02-5