S 6374: Increases the number of persons from three hundred to five hundred to be considered a small business for the purposes of MWBE.

  
  STATE OF NEW YORK ________________________________________________________________________ 6374 2025-2026 Regular Sessions  IN SENATE 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: 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] five hundred, 9 except during a declared state disaster emergency as defined pursuant to 10 section twenty-eight of this chapter, not to exceed [three] five 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. The director may issue regu- 16 lations on the construction of the terms in this definition. For 17 purposes of this subdivision, an employee may break from employment for 18 up to thirteen weeks without the fifty-two week lookback period reset- 19 ting. 20 § 2. This act shall take effect immediately; provided however, the 21 amendments to article 15-A of the executive law made by section one of 22 this act shall not affect the repeal of such article and shall be deemed 23 repealed therewith. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06220-02-5