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

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:

     1    Section  1.  Subdivision  20  of  section 310 of the executive law, as
     2  amended by chapter 44 of the  laws  of  2024,  is  amended  to  read  as
     3  follows:
     4    20.  "Small  business" as used in this section, unless otherwise indi-
     5  cated, shall mean a business which has a significant  business  presence
     6  in  the  state, is independently owned and operated, not dominant in its
     7  field and employs, based on its industry, a certain number of persons as
     8  determined by the director, but not  to  exceed  three  hundred,  except
     9  during  a  declared  state  disaster  emergency  as  defined pursuant to
    10  section twenty-eight of  this  chapter,  not  to  exceed  three  hundred
    11  employees  who  work  thirty  or  more hours per week over the period of
    12  fifty-two weeks for a total of one thousand  five  hundred  sixty  hours
    13  worked,  taking  into  consideration  factors which include, but are not
    14  limited to, federal small business administration standards pursuant  to
    15  13  CFR  part  121  and  any  amendments thereto. PROVIDED HOWEVER, WHEN
    16  DETERMINING THE ELIGIBILITY OF  AN  EMPLOYMENT  AGENCY,  AS  DEFINED  IN
    17  SECTION  ONE HUNDRED SEVENTY-ONE OF THE GENERAL BUSINESS LAW, AS A SMALL
    18  BUSINESS PURSUANT TO THIS SUBDIVISION THERE SHALL BE NO  RESTRICTION  ON
    19  THE  NUMBER OF EMPLOYEES OF SUCH EMPLOYMENT AGENCY. AN EMPLOYMENT AGENCY
    20  SHALL BE CONSIDERED A SMALL BUSINESS IF  THE  ANNUAL  RECEIPTS  OF  SUCH
    21  EMPLOYMENT  AGENCY  CALCULATED  PURSUANT  TO  THE  PROVISIONS  OF 13 CFR
    22  121.104 AND  ANY  AMENDMENTS  THERETO,  ARE  LESS  THAN  THIRTY  MILLION
    23  DOLLARS.  The  director may issue regulations on the construction of the
    24  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

     1  may break from employment for up to thirteen weeks without the fifty-two
     2  week lookback period resetting.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law, provided, however, that the amendments to subdivision
     5  20 of section 310 of the executive law made by section one of  this  act
     6  shall  not  affect  the repeal of such section and shall be deemed to be
     7  repealed  therewith.  Effective  immediately,  the  addition,  amendment
     8  and/or repeal of any rule or regulation necessary for the implementation
     9  of  this  act  on  its  effective  date  are  authorized  to be made and
    10  completed on or before such effective date.