2023 New York Laws › VET - Veterans' Services Law › Article 3 - Participation by Service-Disabled Veterans With Respect to State Contracts › 40 - Definitions.

§  40. 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) a veteran as  defined  in
section  one  of  this chapter and 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) a veteran as defined in section one of
this chapter, or (b) a member of the New York guard who  was  discharged
under  other  than  dishonorable  conditions,  or  (c)  has a qualifying
condition, as defined in section one of this chapter, and has received a

discharge other than bad conduct or dishonorable from such  service,  or
(d)  is  a  discharged  LGBT  veteran, as defined in section one of this
chapter, and  has  received  a  discharge  other  than  bad  conduct  or
dishonorable from such service.