senate Bill S5277

Provides that self employment activities, for the purposes of unemployment, shall include training and counseling on establishing a business

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jun / 2013
    • 1ST REPORT CAL.983
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Summary

Provides that self employment activities, for the purposes of unemployment, shall include training and counseling on establishing a business; directs development centers and entrepreneurship support centers to track the outcomes in establishing business for program participants; directs the department of economic development to conduct a regional analysis of the effectiveness of self-employment sponsored businesses and business activity; extends from December 7, 2015 to December 7, 2017, the expiration of the self-employment assistance program.

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Bill Details

See Assembly Version of this Bill:
A8128
Versions:
S5277
Legislative Cycle:
2013-2014
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Economic Development Law
Laws Affected:
Amd §213, Ec Dev L; amd §591-a, Lab L; amd §10, Chap 413 of 2003

Sponsor Memo

BILL NUMBER:S5277

TITLE OF BILL: An act to amend the economic development law, in
relation to requiring development centers and entrepreneurship support
centers to track the success of program participants; to amend the
labor law, in relation to self employment activities for the purposes
of unemployment claims; and to amend chapter 413 of the laws of 2003,
amending the labor law relating to the self-employment assistance
program and other matters, in relation to extending the expiration of
the provisions thereof

PURPOSE:

The purpose of this bill is to expand upon the scope of
self-employment assistance activities that can be conducted by the
Department of Labor in its management of the Self-employment
Assistance Program. This program is designed to allow recipients of
unemployment insurance to continue to receive unemployment benefits
when they participate in the Self-employment Assistance Program. The
goal of this program is to assist those who are currently unemployed
to become self-employed by establish their own business.

SUMMARY OF PROVISIONS:

Section 1: Amends Economic Development Law section 213 (1) to require
that each job development center and entrepreneurship support center,
when annually reporting on its activities to the Department of
Economic Development, must include information on the outcomes for
program participants and track such outcomes on a statistical basis
for a period of up to five years to ascertain, track and document the
success rate for such participants. In addition, the Department of
Economic Development shall, for entrepreneurship support centers,
conduct a regional analysis of the effectiveness of SEAP sponsored
businesses including any regional disparities in the participation
rates of such centers and the need for mechanisms to alleviate such
disparities.

Section 2: Amends Economic Development Law section 213 (2) to include
within this section of law a regional analysis of the effectiveness of
self-employment assistance programs as provided for in Labor Law
section 591-a, including regional disparities in the participation
rates for such centers.

Section 3: Amends Labor Law section 591-a (2)(c)(iii) to expand the
scope of self-employment activities that can be conducted by the
Department of Labor in its operation of the self-employment Assistance
Program (SEAP). Such activities can include class room training up to
40 hours and 20 hours of one-on-one counseling for each participant,
instruction on start-up business financial management, capital
acquisition and the development of business plans to establish a
successful business, provide participants information on the existence
of local professional organizations and chambers of commerce to help
develop a support network for such participants, and offer follow-up
advice and counseling to help ensure the success of such business
venture.

EXISTING LAW:


This bill expands upon the SEAP program so as to increase its
effectiveness, and extends the sunset date of this law until 2017.

JUSTIFICATION:

This bill is needed to expand upon the services that can be provided
by the SEAP program to assist those who are receiving unemployment
benefits and transition such persons to new profitable self-employment
opportunities. It is important for those unemployed persons with young
families and working -single women and mothers, to be able to expand
upon the kinds of business opportunities that such persons can pursue
and to help them build a new career or business that help to
successfully support such individuals or households. Such SEAP
programs would be encouraged to provide more instruction on start-up
business financial management, capital acquisition and the development
of practical business plans to establish a successful business.
Further, this bill attempts to establish support networks for such new
businesses by connecting them to local professional associations and
chambers of commerce and by providing follow-up advice and counseling
to ensure the success of such business venture. Further, it helps to
encourage cooperation between the Departments of Labor and Economic
Development that jointly approve and conduct SEAP activities to
further their departmental missions.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of January next succeeding the date on which it shall have
become a law.

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

                                  5277

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by  Sens. VALESKY, CARLUCCI, KLEIN, SAVINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Commerce, Economic Development and Small Business

AN  ACT  to amend the economic development law, in relation to requiring
  development centers and entrepreneurship support centers to track  the
  success  of  program participants; to amend the labor law, in relation
  to self employment activities for the purposes of unemployment claims;
  and to amend chapter 413 of the laws of 2003, amending the  labor  law
  relating  to the self-employment assistance program and other matters,
  in relation to extending the expiration of the provisions thereof

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

  Section  1.  Subdivision  1 of section 213 of the economic development
law, as added by chapter 839 of the laws of 1987, is amended to read  as
follows:
  1.  monitor the performance of each development center and each entre-
preneurship support center and require periodic and annual reports  from
each development center and each entrepreneurship support center at such
time  and  in  such a manner as prescribed by the commissioner, PROVIDED
THAT SUCH PERIODIC AND  ANNUAL  REPORTS  SHALL  PROVIDE  INFORMATION  ON
OUTCOMES,  WHETHER SUCCESSFUL OR NOT, FOR ALL INDIVIDUAL PROGRAM PARTIC-
IPANTS OF  EACH DEVELOPMENT CENTER OR ENTREPRENEURSHIP  SUPPORT  CENTER,
AND  TRACK  SUCH  OUTCOMES  ON A STATISTICAL BASIS FOR A PERIOD OF UP TO
FIVE YEARS SO AS TO HELP ASCERTAIN, TRACK AND DOCUMENT THE SUCCESS  RATE
FOR SUCH PARTICIPANTS;
  S  2.  Paragraph  (b)  of subdivision 2 of section 213 of the economic
development law, as amended by chapter 227  of  the  laws  of  1993,  is
amended to read as follows:
  (b)  in  the  case  of entrepreneurship support centers, the extent to
which the program serves minorities, women, individuals with a disabili-
ty and dislocated workers; the extent to which the  program  is  coordi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10805-04-3

S. 5277                             2

nated  with  other  assistance  programs targeted to small and new busi-
nesses; the ability of the program to leverage other sources of  funding
and  support;  the  success of the training programs in aiding entrepre-
neurs  to  start up new businesses, including the number of new business
start-ups resulting from the program, and the  quality  of  supplemental
technical  assistance  offered  to graduates of the training programs; A
REGIONAL ANALYSIS OF THE EFFECTIVENESS OF A  SELF-EMPLOYMENT  ASSISTANCE
PROGRAM,  AS  ESTABLISHED  IN  SECTION  FIVE HUNDRED NINETY-ONE-A OF THE
LABOR LAW, SPONSORED BUSINESSES AND  BUSINESS  ACTIVITY,  INCLUDING  ANY
REGIONAL  DISPARITIES  IN  THE  PARTICIPATION  RATES OF SUCH CENTERS AND
CONDUCTED AT SUCH CENTERS AND THE NEED FOR MECHANISMS TO ALLEVIATE  SUCH
DISPARITIES; such report shall recommend changes and improvements in the
program;
  S  3.  Subparagraph (iii) of paragraph (c) of subdivision 2 of section
591-a of the labor law, as amended by section 1 of part Z of chapter  57
of the laws of 2013, is amended to read as follows:
  (iii)  are  participating  in  self-employment  assistance  activities
approved by the department and by the department of economic development
which include but need not be limited to entrepreneurial training, busi-
ness counseling, and technical assistance, including  financing  assist-
ance  for qualified individuals as appropriate, offered by entrepreneur-
ship support centers established pursuant to section two hundred  twelve
of  the  economic  development  law,  state university of New York small
business development centers, programs offered by community-based organ-
izations, local development  corporations,  and  boards  of  cooperative
educational  services  (BOCES)  as  established  pursuant to section one
thousand nine hundred fifty of the education law; and, unless  otherwise
required by federal law or regulation, no individual shall be prohibited
from or disqualified from eligibility for the program if prior to apply-
ing  for  the program, an individual has printed business cards or has a
website that is designed but not active, and neither are being  used  to
solicit  or  conduct business. SELF-EMPLOYMENT ASSISTANCE ACTIVITIES MAY
INCLUDE CLASSROOM TRAINING FOR UP TO FORTY HOURS  AND  ONE-ON-ONE  COUN-
SELING  FOR  UP  TO  TWENTY  HOURS  FOR EACH PARTICIPANT, INSTRUCTION ON
START-UP BUSINESS FINANCIAL  MANAGEMENT,  CAPITAL  ACQUISITION  AND  THE
DEVELOPMENT  OF  BUSINESS  PLANS TO ESTABLISH A SUCCESSFUL BUSINESS, THE
PROVISION OF INFORMATION ON THE EXISTENCE OF LOCAL  PROFESSIONAL  ORGAN-
IZATIONS  OR  CHAMBERS  OF  COMMERCE  THAT CAN HELP TO PROVIDE A SUPPORT
NETWORK FOR THE SUCCESSFUL ESTABLISHMENT AND OPERATION OF A NEWLY FORMED
BUSINESS, AND OFFER THE PROVISION OF FOLLOW-UP ADVICE AND COUNSELING  TO
PARTICIPANTS TO HELP ENSURE THE SUCCESS OF SUCH BUSINESS VENTURE;
  S 4. Section 10 of chapter 413 of the laws of 2003, amending the labor
law  relating  to  the  self-employment  assistance  program  and  other
matters, as amended by section 2 of part Z of chapter 57 of the laws  of
2013, is amended to read as follows:
  S 10.  This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2015] 2017
when  upon  such  date  the  provisions of such sections shall be deemed
repealed.
  S 5. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law; provided, however that
the  amendments  to section 591-a of the labor law made by section three
of this act shall not affect the repeal of such  section  and  shall  be
deemed repealed therewith.

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