Bill Text: NY A02353 | 2013-2014 | General Assembly | Amended


Bill Title: Allows for the division for 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.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-05-06 - print number 2353b [A02353 Detail]

Download: New_York-2013-A02353-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2353--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2013
                                      ___________
       Introduced  by  M.  of  A.  SCARBOROUGH,  LUPARDO, COLTON, COOK, WEPRIN,
         ROBINSON -- Multi-Sponsored by -- M. of A. SWEENEY --  read  once  and
         referred  to  the  Committee  on  Small Business -- recommitted to the
         Committee on Small Business in accordance with Assembly Rule 3, sec. 2
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and  recommitted  to said committee -- recommitted to the Committee on
         Small Business in accordance with Assembly Rule 3, sec. 2 --  reported
         and  referred  to  the  Committee  on  Ways  and  Means  --  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:
    1    Section 1. Subdivisions 7, 8, 9, 10, 11 and 12 of section 134  of  the
    2  economic  development  law, subdivision 7 as added by chapter 547 of the
    3  laws of 1976, subdivision 8 as amended and subdivision 11  as  added  by
    4  chapter 361 of the laws of 2009, subdivision 9 as amended by chapter 490
    5  of  the laws of 1993, subdivision 10 as added by chapter 543 of the laws
    6  of 2002 and subdivision 12 as amended by chapter 16 of the laws of 2014,
    7  are amended to read as follows:
    8    7. review pending legislation affecting  small-businesses  and  report
    9  its findings to the commissioner; [and]
   10    8. initiate and encourage small-business education programs in general
   11  and  to  coordinate with the functions of the office of general services
   12  an information and outreach program directed toward informing  small-bu-
   13  sinesses  in  the  state of procedures necessary for competing for state
   14  purchases and to coordinate with the functions of  every  state  agency,
   15  department  or  authority described in section one hundred thirty-nine-g
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02680-03-4
       A. 2353--B                          2
    1  of the state finance law, pursuant to subdivision  (b)  of  section  one
    2  hundred  thirty-nine-g  of  the  state  finance  law, an information and
    3  outreach program directed toward informing small-businesses in the state
    4  of  procedures  necessary  for  competing for state contracts, including
    5  without limitation educating  small  contractors  about  surety  bonding
    6  requirements  on state contracts, and identifying resources available to
    7  such contractors in obtaining their first bond and in  increasing  their
    8  bonding  capacity,  including but not limited to the federal small busi-
    9  ness administration bond guarantee program[.];
   10    9. ADVISE AND MAKE RECOMMENDATIONS  TO  THE  COMMISSIONER  ON  MATTERS
   11  AFFECTING MICRO-ENTERPRISES CONSISTING OF FEWER THAN FIVE EMPLOYEES;
   12    10.  the commissioner and the commissioners of agriculture and markets
   13  and the office of general services shall initiate and  encourage  small-
   14  business  education  programs  and  coordinate with the functions of the
   15  office of general services, pursuant to subdivision (b)  of  THE  FORMER
   16  section one hundred sixty-one-b of the state finance law, an information
   17  and  outreach  program  directed toward informing eligible businesses in
   18  the state of procedures necessary for competing for  purchases  of  food
   19  products  pursuant  to  THE FORMER section one hundred seventy-four-a of
   20  the state finance law and subdivision eight-a  of  section  one  hundred
   21  three of the general municipal law, and to coordinate with the functions
   22  of  every  state  agency  or  department described in subdivision (b) of
   23  section one hundred thirty-nine-g of the state finance law, an  informa-
   24  tion  and outreach program directed toward informing eligible businesses
   25  in the state of procedures necessary for competing for contracts for the
   26  purchase of food products pursuant to THE  FORMER  section  one  hundred
   27  seventy-four-a  of  the  state  finance  law  and subdivision eight-a of
   28  section one hundred three of the general municipal law[.];
   29    [10.] 11. conduct a survey of all business incubators in the state and
   30  assess the need for  additional  incubator  facilities  to  nurture  the
   31  growth and development of small businesses[.];
   32    [11.]  12.  provide  assistance  to  small  business in the state, and
   33  facilitate access to programs serving small  business,  to  ensure  that
   34  such  businesses  benefit, as needed, from technical, managerial, finan-
   35  cial, and general business assistance; training; marketing; organization
   36  and personnel skill development; project management assistance; technol-
   37  ogy assistance; bond and insurance education assistance; and other busi-
   38  ness development assistance. In addition,  either  independently  or  in
   39  conjunction with other state agencies:
   40    (a)  develop  a  clearinghouse of information on programs and services
   41  provided by entities that may assist such businesses; and
   42    (b) seek to maximize utilization  by  small  businesses  of  available
   43  federal  resources  including  but not limited to federal grants, loans,
   44  loan guarantees, surety bonding guarantees,  technical  assistance,  and
   45  programs  and  services of the federal small business administration[.];
   46  AND
   47    [12.] 13. compile an annual report on the state of  small  businesses,
   48  particularly  those  with  twenty-five  employees or less which shall be
   49  known as  micro-businesses  under  this  subdivision.  The  commissioner
   50  shall, on or before June first, two thousand fourteen and annually ther-
   51  eafter,  submit  to  the governor, the temporary president of the senate
   52  and the speaker of the assembly a report that shall include, but not  be
   53  limited to, the following information for each calendar year:
   54    (a)  the  growth  and economic trends of small businesses which may be
   55  categorized by various small business sizes and/or sectors;
       A. 2353--B                          3
    1    (b) an analysis of relevant and available employment, statistical  and
    2  economic  data of the various small business sectors throughout New York
    3  state, which may be categorized by various small business sizes;
    4    (c) suggestions to improve the efficiency of existing loan programs;
    5    (d) suggestions to improve small business growth;
    6    (e) statistical and economic analysis of the state of small businesses
    7  by various small business sizes and/or sectors; and
    8    (f)  identification  and  review  of  the local and state regulations,
    9  fines and penalties particular to small businesses which may be categor-
   10  ized by various small business sizes and/or sectors.
   11    The division shall collaborate with other state and local agencies  to
   12  develop  the  annual  report. The office shall maintain and publish such
   13  information on the small business directory webpage  in  a  manner  that
   14  allows  individuals  to  search  the  report  by  name, date, or type of
   15  statistics. The format of  the  annual  report  shall  be  developed  in
   16  consultation  with  various small business owners to ensure the informa-
   17  tion collected, analyzed, and published for the purposes of this  subdi-
   18  vision is representative of all small businesses in the state.
   19    S 2. Section 1 of chapter 174 of the laws of 1968 constituting the New
   20  York  state urban development corporation act is amended by adding a new
   21  section 16-x to read as follows:
   22    S 16-X. MAIN STREET CENTER GRANT PROGRAM.  1.  THE  CORPORATION  SHALL
   23  ADMINISTER  A STATEWIDE PROGRAM TO CREATE MAIN STREET CENTERS IN EACH OF
   24  THE COUNTIES IN NEW YORK STATE, WITH THE EXCEPTION OF THE FIVE  BOROUGHS
   25  OF NEW YORK CITY.
   26    2.  EACH  COUNTY  MAIN  STREET  CENTER  SHALL BE ELIGIBLE TO RECEIVE A
   27  MATCHING GRANT OF UP TO ONE HUNDRED THOUSAND DOLLARS TOWARD THE CREATION
   28  OF THE COUNTY CENTER IF THE COUNTY DESIGNATES THE EQUIVALENT OF A  FULL-
   29  TIME  EMPLOYEE  TO THE MAIN STREET DEVELOPMENT EFFORT. THE GRANTS MAY BE
   30  USED FOR FACADE RENOVATION AND INTERIOR REHABILITATION.
   31    3. EACH CENTER SHALL HOUSE A  COMPREHENSIVE  LIBRARY  OF  MAIN  STREET
   32  PUBLICATIONS AVAILABLE TO BE LOANED.
   33    4.  EACH  CENTER  SHALL  DEVELOP  A  CENTRAL DATABASE OF ALL STATE AND
   34  FEDERAL GRANT RESOURCES. THE  CORPORATION  SHALL  ASSIST  LOCALITIES  IN
   35  IDENTIFYING  POTENTIAL  SOURCES OF FUNDING AND PROVIDE TECHNICAL ASSIST-
   36  ANCE REGARDING GRANT PROCUREMENT.
   37    5. EACH CENTER SHALL DEVELOP GUIDELINES TO ASSIST LOCALITIES IN ENSUR-
   38  ING THAT FACADE RENOVATIONS ARE DONE  IN  A  MANNER  THAT  RESPECTS  THE
   39  ARCHITECTURE  OF  THE  BUILDING TO BE RENOVATED AND HELPS TO ENHANCE THE
   40  HISTORIC INTEGRITY OF THE MAIN STREET DISTRICT.
   41    S 3. The executive law is amended by adding two new sections 102-a and
   42  149-a to read as follows:
   43    S 102-A. RULE-MAKING DOCUMENTS SUBMITTED TO THE SECRETARY OF STATE. 1.
   44  ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, ALL  RULE-MAKING  DOCU-
   45  MENTS SHALL BE SUBMITTED TO THE SECRETARY OF STATE IN ELECTRONIC FORMAT.
   46  THE  SECRETARY  OF  STATE  SHALL  MAKE  SUCH DOCUMENTS AVAILABLE WITHOUT
   47  CHARGE TO THE PUBLIC ELECTRONICALLY, AND SHALL  DISSEMINATE  SUCH  DOCU-
   48  MENTS  WITHOUT  CHARGE TO INTERESTED PARTIES BY VARIOUS MEANS, INCLUDING
   49  AT A MINIMUM THROUGH ONE OR MORE ELECTRONIC MAILING  LISTS,  RSS  FEEDS,
   50  AND  ANY  OTHER TECHNOLOGIES DETERMINED BY THE SECRETARY TO BE EFFECTIVE
   51  IN PROVIDING TIMELY AND EFFECTIVE ACCESS TO RULE-MAKING INFORMATION.  AT
   52  LEAST  ONE  SUCH  MEANS SHALL UTILIZE A RULES TRACKER PROGRAM OR SIMILAR
   53  PROGRAM THAT ENABLES A USER TO  CUSTOMIZE  THE  RULE-MAKING  INFORMATION
   54  THAT WILL BE PROVIDED.
       A. 2353--B                          4
    1    2.  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "RSS" OR "RICH SITE
    2  SUMMARY" SHALL MEAN A  FORMAT  FOR  DELIVERING  REGULARLY  CHANGING  WEB
    3  CONTENT.
    4    S  149-A.  ONLINE  PUBLICATION  OF STATE REGISTER. 1. THE SECRETARY OF
    5  STATE SHALL PUBLISH AN ELECTRONIC VERSION OF THE STATE REGISTER  ON  ITS
    6  WEBSITE AND SHALL MAKE IT AVAILABLE WITHOUT CHARGE ONLINE.
    7    2.  THE INTERNET HOME PAGE OF EVERY STATE AGENCY THAT ADOPTS RULES AND
    8  REGULATIONS OR PUBLISHES NOTICES IN THE STATE REGISTER SHALL MAINTAIN  A
    9  LINK TO THE ELECTRONIC VERSION OF THE STATE REGISTER.
   10    S  4.  Paragraph  (a)  of  subdivision 6-a of section 202 of the state
   11  administrative procedure act, as amended by chapter 171 of the  laws  of
   12  1994, is amended to read as follows:
   13    (a) An agency shall transmit a copy of any rule making notice prepared
   14  pursuant to this article to the governor, the temporary president of the
   15  senate,  the speaker of the assembly, THE MINORITY LEADER OF THE SENATE,
   16  THE MINORITY LEADER OF  THE  ASSEMBLY,  the  administrative  regulations
   17  review commission and the office of regulatory and management assistance
   18  at  the  time  such  notice  is  submitted to the secretary of state for
   19  publication in the state register. Such transmittal  shall  include  the
   20  complete  rule text, regulatory impact statement, regulatory flexibility
   21  analysis, rural area flexibility analysis, or revisions thereof, and any
   22  other information submitted to the secretary of state pursuant  to  this
   23  article.
   24    S 5. This act shall take effect immediately.
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