NY State Senate Bill 2023-S3253

Senate Bill S3253

2023-2024 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to procurement and contracts
Jun 10, 2023	committed to rules
May 24, 2023	advanced to third reading
May 23, 2023	2nd report cal.
May 22, 2023	1st report cal.1197
Jan 30, 2023	referred to procurement and contracts

Votes

- May 22, 2023 - Procurement And Contracts Committee Vote
  S3253
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: May 22, 2023
      
      aye (5)
      
      Cooney
      
      Gonzalez
      
      Rolison
      
      Stavisky
      
      Webb
      
      nay (1)
      
      Sanders Jr.
      
      aye wr (1)
      
      Martins

2023-S3253 (ACTIVE) - Details

See Assembly Version of this Bill:: A862
Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §310, Exec L
Versions Introduced in 2021-2022 Legislative Session:: A8615

2023-S3253 (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.

2023-S3253 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3253

SPONSOR: MANNION
 
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, staffing 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:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
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.

2023-S3253 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3253
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- 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
 added by chapter 175 of the laws of 2010, 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, 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 ELIGI-
 BILITY OF AN EMPLOYMENT AGENCY, AS DEFINED IN SECTION ONE HUNDRED SEVEN-
 TY-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.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00337-01-3

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