Allows for the division of small-business to advise on matters affecting micro-enterprises consisting of fewer than five employees; establishes the main street center grant program to create main street centers in each of the counties in New York state, with the exception of the five boroughs of New York city; and requires the secretary of state to receive all rule-making documents in electronic format and to create an online publication of the state register.
Ayes (12): Stachowski, Hassell-Thompson, Parker, Stewart-Cousins, Aubertine, Espada, Foley, Alesi, Fuschillo, Robach, Griffo, Volker
BILL NUMBER: S1609A
TITLE OF BILL : An act to amend the economic development law, the New York state urban development corporation act, the executive law and the state administrative procedure act, in relation to assisting small businesses in this state
PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to assist small businesses in this state.
SUMMARY OF SPECIFIC PROVISIONS : Section one provides for consideration for micro-enterprise within the Division for Small Business within the Department of Economic Development.
Section two establishes the Math Street Center Grant Program.
Section three provides for online publication of the state register.
Section four provides a copy of the any rule making information to be sent to respective minority leader of the New York State Legislature.
JUSTIFICATION : The New York State economy depends in large part on the health of the State's small businesses. Nearly 98 percent of all businesses in New York are small businesses, and nearly 52 percent of working New Yorkers are employed by small businesses. Starting a new business is also an extremely risky proposition. Given that so much of our future prosperity is dependent upon new small businesses, it is important that as many of these new enterprises succeed as is possible.
This bill would also amend the Economic Development Law to assist micro-enterprises consisting of fewer than five employees by initiating and encouraging small business education programs and informing eligible businesses on ways to compete for contracts. The bill also introduces a new program to revitalize downtown business districts known as the Main Street Center Grants Program. This state wide program will allow grants to be used far facade renovation and interior rehabilitation in addition to developing guidelines to assist localities in ensuring that the facade renovations are done in a manner that respects the architecture of the building and helps to enhance the historic integrity of the main street district.
In addition, the bill would also direct the state to more fully utilize the internet to make sure that regulatory and rule making decisions are widely available to all, and especially to those businesses that will be most affected by these decisions.
Finally, the bill amends the State Administrate Procedure Act to provide that a copy of the rule making information to be made available to the minority leader of the Senate and the minority leader of the Assembly.
PRIOR LEGISLATIVE HISTORY : 2009: A.2260 Passed Assembly 2008: A.8947A Passed Assembly 2007: A.8947A Passed Assembly
FISCAL IMPLICATIONS : Undetermined.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1609--A 2009-2010 Regular Sessions IN SENATE February 3, 2009 ___________Introduced by Sens. VALESKY, AUBERTINE, HASSELL-THOMPSON, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business -- recommitted to the Committee on Commerce, Economic Development and Small Business in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the economic development law, the New York state urban development corporation act, the executive law and the state adminis- trative procedure act, in relation to assisting small businesses in this state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 7, 8, 9 and 10 of section 134 of the economic development law, subdivision 7 as added by chapter 547 of the laws of 1976, subdivision 8 as amended by chapter 361 of the laws of 2009, subdivision 9 as amended by chapter 490 of the laws of 1993 and subdivi- sion 10 as added by chapter 543 of the laws of 2002, are amended to read as follows: 7. review pending legislation affecting small-businesses and report its findings to the commissioner;
[and]8. initiate and encourage small-business education programs in general and to coordinate with the functions of the office of general services an information and outreach program directed toward informing small-bu- sinesses in the state of procedures necessary for competing for state purchases and to coordinate with the functions of every state agency, department or authority described in section one hundred thirty-nine-g of the state finance law, pursuant to subdivision (b) of section one hundred thirty-nine-g of the state finance law, an information and outreach program directed toward informing small-businesses in the state of procedures necessary for competing for state contracts, includingEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05044-03-0 S. 1609--A 2
without limitation educating small contractors about surety bonding requirements on state contracts, and identifying resources available to such contractors in obtaining their first bond and in increasing their bonding capacity, including but not limited to the federal small busi- ness administration bond guarantee program
[.]; 9. ADVISE AND MAKE RECOMMENDATIONS TO THE COMMISSIONER ON MATTERS AFFECTING MICRO-ENTERPRISES CONSISTING OF FEWER THAN FIVE EMPLOYEES; 10. the commissioner and the commissioners of agriculture and markets and the office of general services shall initiate and encourage small- business education programs and coordinate with the functions of the office of general services, pursuant to subdivision (b) of THE FORMER section one hundred sixty-one-b of the state finance law, an information and outreach program directed toward informing eligible businesses in the state of procedures necessary for competing for purchases of food products pursuant to THE FORMER section one hundred seventy-four-a of the state finance law and subdivision eight-a of section one hundred three of the general municipal law, and to coordinate with the functions of every state agency or department described in subdivision (b) of section one hundred thirty-nine-g of the state finance law, an informa- tion and outreach program directed toward informing eligible businesses in the state of procedures necessary for competing for contracts for the purchase of food products pursuant to THE FORMER section one hundred seventy-four-a of the state finance law and subdivision eight-a of section one hundred three of the general municipal law [.]; AND [10.]11. conduct a survey of all business incubators in the state and assess the need for additional incubator facilities to nurture the growth and development of small businesses. S 2. Section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act is amended by adding a new section 16-t to read as follows: S 16-T. MAIN STREET CENTER GRANT PROGRAM. 1. THE CORPORATION SHALL ADMINISTER A STATEWIDE PROGRAM TO CREATE MAIN STREET CENTERS IN EACH OF THE COUNTIES IN NEW YORK STATE, WITH THE EXCEPTION OF THE FIVE BOROUGHS OF NEW YORK CITY. 2. EACH COUNTY MAIN STREET CENTER SHALL BE ELIGIBLE TO RECEIVE A MATCHING GRANT OF UP TO ONE HUNDRED THOUSAND DOLLARS TOWARD THE CREATION OF THE COUNTY CENTER IF THE COUNTY DESIGNATES THE EQUIVALENT OF A FULL- TIME EMPLOYEE TO THE MAIN STREET DEVELOPMENT EFFORT. THE GRANTS MAY BE USED FOR FACADE RENOVATION AND INTERIOR REHABILITATION. 3. EACH CENTER SHALL HOUSE COMPREHENSIVE LIBRARY OF MAIN STREET PUBLI- CATIONS AVAILABLE TO BE LOANED. 4. EACH CENTER SHALL DEVELOP A CENTRAL DATABASE OF ALL STATE AND FEDERAL GRANT RESOURCES. THE CORPORATION SHALL ASSIST LOCALITIES IN IDENTIFYING POTENTIAL SOURCES OF FUNDING AND PROVIDE TECHNICAL ASSIST- ANCE REGARDING GRANT PROCUREMENT. 5. EACH CENTER SHALL DEVELOP GUIDELINES TO ASSIST LOCALITIES IN ENSUR- ING THAT FACADE RENOVATIONS ARE DONE IN A MANNER THAT RESPECTS THE ARCHITECTURE OF THE BUILDING TO BE RENOVATED AND HELPS TO ENHANCE THE HISTORIC INTEGRITY OF THE MAIN STREET DISTRICT. S 3. The executive law is amended by adding two new sections 102-a and 149-a to read as follows: S 102-A. RULE-MAKING DOCUMENTS SUBMITTED TO THE SECRETARY OF STATE. 1. ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, ALL RULE-MAKING DOCU- MENTS SHALL BE SUBMITTED TO THE SECRETARY OF STATE IN ELECTRONIC FORMAT. THE SECRETARY OF STATE SHALL MAKE SUCH DOCUMENTS AVAILABLE WITHOUT CHARGE TO THE PUBLIC ELECTRONICALLY, AND SHALL DISSEMINATE SUCH DOCU-S. 1609--A 3
MENTS WITHOUT CHARGE TO INTERESTED PARTIES BY VARIOUS MEANS, INCLUDING AT A MINIMUM THROUGH ONE OR MORE ELECTRONIC MAILING LISTS, RSS FEEDS, AND ANY OTHER TECHNOLOGIES DETERMINED BY THE SECRETARY TO BE EFFECTIVE IN PROVIDING TIMELY AND EFFECTIVE ACCESS TO RULE-MAKING INFORMATION. AT LEAST ONE SUCH MEANS SHALL UTILIZE A RULES TRACKER PROGRAM OR SIMILAR PROGRAM THAT ENABLES A USER TO CUSTOMIZE THE RULE-MAKING INFORMATION THAT WILL BE PROVIDED. 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "RSS" OR RICH SITE SUMMARY SHALL MEAN A FORMAT FOR DELIVERING REGULARLY CHANGING WEB CONTENT. S 149-A. ONLINE PUBLICATION OF STATE REGISTER. 1. THE SECRETARY OF STATE SHALL PUBLISH AN ELECTRONIC VERSION OF THE STATE REGISTER ON ITS WEBSITE AND SHALL MAKE IT AVAILABLE WITHOUT CHARGE ONLINE. 2. THE INTERNET HOME PAGE OF EVERY STATE AGENCY THAT ADOPTS RULES AND REGULATIONS OR PUBLISHES NOTICES IN THE STATE REGISTER SHALL MAINTAIN A LINK TO THE ELECTRONIC VERSION OF THE STATE REGISTER. S 4. Paragraph (a) of subdivision 6-a of section 202 of the state administrative procedure act, as amended by chapter 171 of the laws of 1994, is amended to read as follows: (a) An agency shall transmit a copy of any rule making notice prepared pursuant to this article to the governor, the temporary president of the senate, the speaker of the assembly, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, the administrative regulations review commission and the office of regulatory and management assistance at the time such notice is submitted to the secretary of state for publication in the state register. Such transmittal shall include the complete rule text, regulatory impact statement, regulatory flexibility analysis, rural area flexibility analysis, or revisions thereof, and any other information submitted to the secretary of state pursuant to this article. S 5. This act shall take effect immediately.