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This entry was published on 2020-11-13
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SECTION 369-H
Definitions
Executive (EXC) CHAPTER 18, ARTICLE 17-B
* § 369-h. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Certified service-disabled veteran-owned business enterprise"
shall mean a business enterprise, including a sole proprietorship,
partnership, limited liability company or corporation that is:

(a) at least fifty-one percent owned by one or more service-disabled
veterans;

(b) an enterprise in which such service-disabled veteran ownership is
real, substantial, and continuing;

(c) an enterprise in which such service-disabled veteran ownership has
and exercises the authority to control independently the day-to-day
business decisions of the enterprise;

(d) an enterprise authorized to do business in this state and is
independently-owned and operated;

(e) an enterprise that is a small business which has a significant
business presence in the state, 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; and

(f) certified by the office of general services.

2. "Commissioner" shall mean the commissioner of the office of general
services.

3. "Director" shall mean the director of the division of
service-disabled veterans' business development.

4. "Division" shall mean the division of service-disabled veterans'
business development in the office of general services.

5. "Service-disabled veteran" shall mean (a) in the case of the United
States army, navy, air force, marines, coast guard, army national guard
or air national guard and/or reserves thereof, a veteran who received a
compensation rating of ten percent or greater from the United States
department of veterans affairs or from the United States department of
defense because of a service-connected disability incurred in the line
of duty, and (b) in the case of the New York guard or the New York naval
militia and/or reserves thereof, a veteran who certifies, pursuant to
the rules and regulations promulgated by the director, to having
incurred an injury equivalent to a compensation rating of ten percent or
greater from the United States department of veterans affairs or from
the United States department of defense because of a service-connected
disability incurred in the line of duty.

6. "State agency" shall mean: (a)(i) any state department; or (ii) any
division, board, commission or bureau of any state department; or (iii)
the state university of New York and the city university of New York,
including all their constituent units except community colleges and the
independent institutions operating statutory or contract colleges on
behalf of the state; or (iv) a board, a majority of whose members are
appointed by the governor or who serve by virtue of being state officers
or employees as defined in subparagraph (i), (ii) or (iii) of paragraph
(i) of subdivision one of section seventy-three of the public officers
law.

(b) a "state authority," as defined in subdivision one of section two
of the public authorities law, and the following:

Albany County Airport Authority;

Albany Port District Commission;

Alfred, Almond, Hornellsville Sewer Authority;

Battery Park City Authority;

Cayuga County Water and Sewer Authority;

(Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
Corporation;

Industrial Exhibit Authority;

Livingston County Water and Sewer Authority;

Long Island Power Authority;

Long Island Rail Road;

Long Island Market Authority;

Manhattan and Bronx Surface Transit Operating Authority;

Metro-North Commuter Railroad;

Metropolitan Suburban Bus Authority;

Metropolitan Transportation Authority;

Natural Heritage Trust;

New York City Transit Authority;

New York Convention Center Operating Corporation;

New York State Bridge Authority;

New York State Olympic Regional Development Authority;

New York State Thruway Authority;

Niagara Falls Public Water Authority;

Niagara Falls Water Board;

Port of Oswego Authority;

Power Authority of the State of New York;

Roosevelt Island Operating Corporation;

Schenectady Metroplex Development Authority;

State Insurance Fund;

Staten Island Rapid Transit Operating Authority;

State University Construction Fund;

Syracuse Regional Airport Authority;

Triborough Bridge and Tunnel Authority;

Upper Mohawk valley regional water board;

Upper Mohawk valley regional water finance authority;

Upper Mohawk valley memorial auditorium authority;

Urban Development Corporation and its subsidiary corporations.

(c) the following only to the extent of state contracts entered into
for its own account or for the benefit of a state agency as defined in
paragraph (a) or (b) of this subdivision:

Dormitory Authority of the State of New York;

Facilities Development Corporation;

New York State Energy Research and Development Authority;

New York State Science and Technology Foundation.

(d) "state contract" shall mean: (i) a written agreement or purchase
order instrument, providing for a total expenditure in excess of
twenty-five thousand dollars, whereby a contracting agency is committed
to expend or does expend funds in return for labor, services including
but not limited to legal, financial and other professional services,
supplies, equipment, materials or any combination of the foregoing, to
be performed for, or rendered or furnished to the contracting agency;
(ii) a written agreement in excess of one hundred thousand dollars
whereby a contracting agency is committed to expend or does expend funds
for the acquisition, construction, demolition, replacement, major repair
or renovation of real property and improvements thereon; and (iii) a
written agreement in excess of one hundred thousand dollars whereby the
owner of a state assisted housing project is committed to expend or does
expend funds for the acquisition, construction, demolition, replacement,
major repair or renovation of real property and improvements thereon for
such project.

7. "Veteran" shall mean a person who served in the United States army,
navy, air force, marines, coast guard, and/or reserves thereof, and/or
in the army national guard, air national guard, New York guard and/or
the New York naval militia, and who (i) has received an honorable or
general discharge from such service, or (ii) has a qualifying condition,
as defined in section three hundred fifty of this chapter, and has
received a discharge other than bad conduct or dishonorable from such
service, or (iii) is a discharged LGBT veteran, as defined in section
three hundred fifty of this chapter, and has received a discharge other
than bad conduct or dishonorable from such service.

* NB Repealed March 31, 2024