NY Exec L § 369-H (2021)
2021 New York Laws EXC - Executive Article 17-B - Participation by Service-Disabled Veterans With Respect to State Contracts 369-H - Definitions.

* §  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