Establishes the small business crime prevention services to provide small businesses with information on strategies, best practices and programs offering training and assistance in prevention of crimes in and around the premises of small businesses or otherwise affecting small businesses, including but not limited to: assault, arson and other violent felony offenses; robbery, burglary, theft, identity theft counterfeiting, check and credit card fraud and other fraud; and vandalism, graffiti and other property damage; further provides that information on eligibility and applications for financial assistance be made available to small businesses; authorizes the New York state urban development corporation to provide loans, loan guarantees, interest subsidies and grants to small businesses, municipalities, not-for-profit corporations or other organizations for the purpose of preventing crimes against small businesses or on the premises or in the vicinity of small businesses; makes related provisions.

---

S979A-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Mar 18, 2011: PRINT NUMBER 979A
• Mar 18, 2011: AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Jan 5, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S979A-2011 Memo

BILL NUMBER:S979A

TITLE OF BILL:
An act
to amend the economic development law, the New York state
urban development corporation act and the executive law, in
relation to small business crime prevention services

PURPOSE OR GENERAL IDEA OF BILL:
This bill would improve New York's business climate by providing for a
program of small business crime prevention services and assistance.

SUMMARY OF SPECIFIC PROVISIONS:
Bill � 1 adds a new � 139 to the Economic Development Law establishing
a small business crime prevention services program within the
Division for Small Business. The small business crime prevention
services program, directly and in conjunction with other state,
Federal and local agencies, shall provide small businesses with
access to the following services:

* information on strategies, best practices and programs offering
training and assistance in prevention of crimes in and around the
premises of small businesses or otherwise affecting small businesses,
including but not limited to: assault, arson and other violent felony
offenses; robbery, burglary, theft, identity theft, counterfeiting,
check and credit card fraud, and other fraud; and vandalism,
graffiti and other property damage;

* information on eligibility and applications for financial assistance
for small business crime prevention services provided by the Urban
Development Corporation (see bill �2 below);

* information on eligibility and applications for other programs of
financial assistance for small business crime prevention offered by
state or Federal agencies or local governments;

* information on protecting the assets of small businesses from crime,
including risk reduction strategies and insurance availability; and

* information on responses to crime, including reporting of crimes,
submitting insurance claims and crime victim assistance programs.

The small business crime prevention services program would also
identify issues relating to crime affecting small businesses and
assist the Division in making recommendations for legislative,
regulatory and programmatic actions to address such issues.

Bill �2 adds a new paragraph (1) to subdivision 1 Unconsolidated Laws
�6266-m to add a new program under the Empire State Economic
Development Fund (administered by the Urban Development Corporation).
The small business crime prevention assistance program would provide
loans, loan guarantees, interest subsidies and grants to small
businesses, municipalities, not-for-profit corporations or other
organizations for the purpose of preventing crimes against small
businesses or on the premises or in the vicinity of small businesses.
Eligible activities would include such items as initiating or


maintaining business watch programs, installation of lighting,
security equipment and other physical improvements to prevent or
deter criminal activities, and the development and dissemination of
information to owners, operators and employees of small businesses on
effective crime prevention strategies. preference in awarding
assistance is given to projects that benefit distressed areas or
other areas with a demonstrated need based on crime statistics,
provide a local or private-sector match, or demonstrate a likelihood
of positive impact on crime prevention.

Bill �3 amends Executive Law �837 to direct the Division of Criminal
Justice Services to provide advice and assistance in the development
of these programs.

SUMMARY OF AMENDMENTS:
Based on discussions in the Assembly Small business Committee, the
program of advising and assisting small businesses will explicitly
address problems of financial frauds against small businesses,
including "identify theft, counterfeiting, check and credit card
fraud and other fraud."

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would establish new measures to assist in small business
crime prevention.

JUSTIFICATION:
It is often said that "an ounce of prevention is worth a pound of
cure" - and that is clearly the case when dealing with criminal
behavior. The costs of crime are substantial, and are not only paid
by the victims.
Crimes against small businesses in New York's communities deprive the
State of millions of dollars in sales and income tax revenues, and
can cause small businesses to shut down, leading to a spiral of
neighborhood decay.

Unlike larger businesses, small businesses often lack the resources to
organize and implement an effective crime prevention strategy on
their own. There are effective measures, including Business Watch and
Fleet Watch programs (usually run jointly by Chambers of Commerce and
police agencies), lighting and other security enhancements, and
training programs that can be effective in reducing crime in New
York's main streets and other small commercial areas. However, often
such initiatives require effective promotion and, in some cases, seed
money. This bill, which is modeled in part on successful similar
programs in Australia, would provide the organizational and financial
resources needed to deliver cost-effective crime prevention programs
to New York's small businesses, to the benefit of the wider community.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.5041/A.350 (Latimer) - Reported and Committed to Finance
2007-08: A.11843 - Referred to Small Business

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Any additional resources needed for the Division for Small Business
are expected to be offset by the economic benefits of crime
prevention, including the prevention of direct economic losses to the
State through lower sales tax and income tax collections and the


higher costs criminal activities create for law enforcement and
courts. The funding of small business crime prevention assistance
would be through the Empire State economic development fund (EDF), a
multipurpose fund providing grants, loans and other aid to meet
various communities' needs. The funding level provided for EDF
purposes varies from year to year and is determined as part of the
budget process. Local governments would stand to benefit directly, as
recipients of small business crime prevention assistance, as well as
through the increased tax revenues resulting from more effective
crime prevention.

EFFECTIVE DATE:
First day of April after having become a law, with provisions.

S979A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   979--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sens.  HASSELL-THOMPSON,  DIAZ, HUNTLEY, KRUGER, PARKER,
    SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
    committed to the Committee on Commerce, Economic Development and Small
    Business  --  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  and  the  executive law, in relation to
    small business crime prevention services

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  The  economic  development law is amended by adding a new
  section 139 to read as follows:

    S 139. SMALL BUSINESS CRIME PREVENTION SERVICES PROGRAM. 1.  THERE  IS
  HEREBY ESTABLISHED WITHIN THE DIVISION A SMALL BUSINESS CRIME PREVENTION
  SERVICES PROGRAM.
    2.  THE SMALL BUSINESS CRIME PREVENTION SERVICES PROGRAM, DIRECTLY AND
  IN CONJUNCTION WITH OTHER DIVISIONS OF THE  DEPARTMENT  AND  WITH  OTHER
  AGENCIES  OF  THE  STATE,  FEDERAL  AGENCIES OR LOCAL GOVERNMENTS, SHALL
  PROVIDE SMALL BUSINESSES WITH ACCESS TO THE FOLLOWING SERVICES:

    (A) INFORMATION ON STRATEGIES, BEST PRACTICES  AND  PROGRAMS  OFFERING
  TRAINING  AND ASSISTANCE IN PREVENTION OF CRIMES IN AND AROUND THE PREM-
  ISES OF  SMALL  BUSINESSES  OR  OTHERWISE  AFFECTING  SMALL  BUSINESSES,
  INCLUDING  BUT  NOT LIMITED TO:  ASSAULT, ARSON AND OTHER VIOLENT FELONY
  OFFENSES; ROBBERY,  BURGLARY,  THEFT,  IDENTITY  THEFT,  COUNTERFEITING,
  CHECK AND CREDIT CARD FRAUD AND OTHER FRAUD; AND VANDALISM, GRAFFITI AND
  OTHER PROPERTY DAMAGE;
    (B)  INFORMATION ON ELIGIBILITY AND APPLICATIONS FOR FINANCIAL ASSIST-
  ANCE FOR SMALL BUSINESS CRIME PREVENTION SERVICES UNDER PARAGRAPH (L) OF
  SUBDIVISION ONE OF SECTION SIXTEEN-M  OF  SECTION  ONE  OF  CHAPTER  ONE
  HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED SIXTY-EIGHT;
    (C)  INFORMATION ON ELIGIBILITY AND APPLICATIONS FOR OTHER PROGRAMS OF
  FINANCIAL ASSISTANCE FOR SMALL BUSINESS CRIME PREVENTION THAT  MAY  FROM

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00295-03-1

 S. 979--A                           2

  TIME  TO  TIME BE AVAILABLE FROM THE DEPARTMENT OR OTHER AGENCIES OF THE
  STATE, FEDERAL AGENCIES OR LOCAL GOVERNMENTS;
    (D)  INFORMATION  ON  PROTECTING  THE  ASSETS OF SMALL BUSINESSES FROM
  CRIME, INCLUDING RISK REDUCTION STRATEGIES AND  INSURANCE  AVAILABILITY;
  AND
    (E)  INFORMATION ON RESPONSES TO CRIME, INCLUDING REPORTING OF CRIMES,
  SUBMITTING INSURANCE CLAIMS AND CRIME VICTIM ASSISTANCE PROGRAMS.
    3. THE SMALL BUSINESS CRIME PREVENTION SERVICES  PROGRAM  SHALL,  WITH
  THE  ASSISTANCE OF THE SMALL BUSINESS ADVISORY BOARD AND OTHER APPROPRI-
  ATE STATE AGENCIES, IDENTIFY ISSUES RELATING TO  CRIME  AFFECTING  SMALL
  BUSINESSES  AND  ASSIST  THE  ADVISORY  BOARD AND THE DIVISION IN MAKING
  RECOMMENDATIONS FOR LEGISLATIVE, REGULATORY AND PROGRAMMATIC ACTIONS  TO
  ADDRESS SUCH ISSUES.
    S  2.  Paragraph  (k) of subdivision 1 of section 16-m of section 1 of
  chapter 174 of the laws of 1968, constituting the New York  state  urban
  development corporation act, as added by section 4 of part FF of chapter
  59  of  the laws of 2006, is amended and a new paragraph (l) is added to
  read as follows:

    (k) Assistance for regional  partnership  proposals,  as  provided  in
  subdivision 12 of section 3154 of the public authorities law[.]; AND
    (L)  LOANS,  LOAN  GUARANTEES,  INTEREST SUBSIDIES AND GRANTS TO SMALL
  BUSINESSES, MUNICIPALITIES, NOT-FOR-PROFIT CORPORATIONS OR OTHER  ORGAN-
  IZATIONS  FOR  THE PURPOSE OF PREVENTING CRIMES AGAINST SMALL BUSINESSES
  OR ON THE PREMISES OR IN THE VICINITY  OF  SMALL  BUSINESSES,  INCLUDING
  SUCH  ACTIVITIES  AS  INITIATING OR MAINTAINING BUSINESS WATCH PROGRAMS,
  INSTALLATION OF LIGHTING, SECURITY EQUIPMENT AND OTHER PHYSICAL IMPROVE-
  MENTS TO PREVENT OR DETER CRIMINAL ACTIVITIES, AND THE  DEVELOPMENT  AND
  DISSEMINATION OF INFORMATION TO OWNERS, OPERATORS AND EMPLOYEES OF SMALL
  BUSINESSES  ON  EFFECTIVE  CRIME  PREVENTION  STRATEGIES.  PREFERENCE IN
  AWARDING ASSISTANCE  PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE  GIVEN  TO
  PROJECTS THAT WILL BENEFIT DISTRESSED AREAS OR OTHER AREAS WITH A DEMON-
  STRATED NEED BASED ON CRIME STATISTICS, PROJECTS THAT PROVIDE A LOCAL OR
  PRIVATE-SECTOR  MATCH,  AND  PROJECTS  THAT  DEMONSTRATE A LIKELIHOOD OF
  POSITIVE IMPACT ON CRIME PREVENTION. THE DIVISION  OF  CRIMINAL  JUSTICE
  SERVICES  SHALL  PROVIDE ASSISTANCE IN THE DEVELOPMENT OF THE PROGRAM OF
  SMALL BUSINESS CRIME PREVENTION ASSISTANCE.
    S 3. Section 837 of the executive law  is  amended  by  adding  a  new
  subdivision 19 to read as follows:

    19.  PROVIDE  ADVICE AND ASSISTANCE TO THE DIVISION FOR SMALL BUSINESS
  IN DEVELOPING AND OPERATING A PROGRAM OF SMALL BUSINESS CRIME PREVENTION
  SERVICES PURSUANT TO SECTION ONE HUNDRED  THIRTY-NINE  OF  THE  ECONOMIC
  DEVELOPMENT LAW, AND PROVIDE ADVICE AND ASSISTANCE TO THE URBAN DEVELOP-
  MENT  CORPORATION  IN  THE  DEVELOPMENT OF THE PROGRAM OF SMALL BUSINESS
  CRIME PREVENTION ASSISTANCE PURSUANT TO PARAGRAPH (L) OF SUBDIVISION ONE
  OF SECTION SIXTEEN-M OF SECTION ONE OF CHAPTER ONE HUNDRED  SEVENTY-FOUR
  OF THE LAWS OF NINETEEN HUNDRED SIXTY-EIGHT.
    S  4. This act shall take effect on the first of April next succeeding
  the date on which it shall have become a law;  provided,  however,  that
  the  department of economic development, the New York state urban devel-
  opment corporation and the division of criminal justice  services  shall
  be immediately authorized to take any and all actions necessary to fully
  implement  the provisions of this act on such date; and further provided
  that the amendments to section 16-m of the urban development corporation
  act made by section two of this act shall not affect the  expiration  of
  such section and shall be deemed to expire therewith.