S T A T E   O F   N E W   Y O R K
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                                  1590

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT to amend the economic development law, in relation to membership
  of the small-business advisory board and the minority and  women-owned
  business  advisory  board;  and to amend the economic development law,
  the executive law, and the state  finance  law,  in  relation  to  the
  powers  and duties of the division for small-business and the division
  of minority and women's business development

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

  Section  1.  Subdivision  1 of section 120 of the economic development
law, as added by chapter 55 of the laws of 1992, is amended to  read  as
follows:
  1.  There  is  hereby  created in the division of minority and women's
business development a  minority  and  women-owned  business  enterprise
advisory  board.  The  board shall consist of [ten] TWELVE members to be
appointed by the governor. The governor shall  designate  a  chairperson
from the members of the advisory board, to serve as such at the pleasure
of  the  governor.  In  appointing the members of the advisory board the
governor shall ensure that six of the members are  individuals  who  are
currently  involved  in  the ownership and/or operation of a minority or
women-owned business enterprise or  who  have  extensive  experience  in
minority and women-owned business enterprise ownership and/or operation,
AND  THAT AT LEAST TWO OF THE MEMBERS ARE INDIVIDUALS REPRESENTING BANK-
ING, COMMUNITY DEVELOPMENT FINANCIAL, INSURANCE OR SURETY BONDING INSTI-
TUTIONS.
  S 2. Subdivision 1 of section 133 of the economic development law,  as
amended  by  chapter  457  of  the  laws  of 1981, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04471-01-9

              

S. 1590                             2

  1. There is hereby created in the division for small business a  small
business  advisory board. The board shall consist of [fifteen] SEVENTEEN
members to be appointed by the governor, with the advice and consent  of
the  senate. The governor shall designate a chairman from the members of
the advisory board, to serve as such at the pleasure of the governor. In
appointing  the  members of the advisory board the governor shall ensure
that at least nine of the members  are  individuals  who  are  currently
involved  in  the  ownership and/or operation of a small business or who
have extensive experience in small business ownership and/or  operation,
AND  THAT AT LEAST TWO OF THE MEMBERS ARE INDIVIDUALS REPRESENTING BANK-
ING, COMMUNITY DEVELOPMENT FINANCIAL, INSURANCE OR SURETY BONDING INSTI-
TUTIONS.
  S 3. Subdivision 8 of section 134 of the economic development law,  as
amended  by  chapter  840  of  the  laws  of 1980, is amended to read as
follows:
  8. initiate and encourage small-business education programs in general
and to coordinate with the functions of the office of general services[,
pursuant to subdivision (b) of section one hundred  sixty-one-b  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  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-busi-
nesses in the state of procedures  necessary  for  competing  for  state
contracts,  INCLUDING  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 BUSINESS ADMINISTRATION BOND GUARANTEE PROGRAM.
  S  4. Section 134 of the economic development law is amended by adding
a new subdivision 11 to read as follows:
  11. PROVIDE ASSISTANCE TO SMALL BUSINESS IN THE STATE, AND  FACILITATE
ACCESS  TO  PROGRAMS  SERVING  SMALL BUSINESS, TO ENSURE THAT SUCH BUSI-
NESSES BENEFIT, AS NEEDED, FROM TECHNICAL,  MANAGERIAL,  FINANCIAL,  AND
GENERAL  BUSINESS  ASSISTANCE;  TRAINING;  MARKETING;  ORGANIZATION  AND
PERSONNEL SKILL DEVELOPMENT; PROJECT MANAGEMENT  ASSISTANCE;  TECHNOLOGY
ASSISTANCE;  BOND AND INSURANCE EDUCATION ASSISTANCE; AND OTHER BUSINESS
DEVELOPMENT ASSISTANCE. IN ADDITION, EITHER INDEPENDENTLY OR IN CONJUNC-
TION WITH OTHER STATE AGENCIES:
  (A) DEVELOP A CLEARINGHOUSE OF INFORMATION ON  PROGRAMS  AND  SERVICES
PROVIDED BY ENTITIES THAT MAY ASSIST SUCH BUSINESSES; AND
  (B)  SEEK  TO  MAXIMIZE  UTILIZATION  BY SMALL BUSINESSES OF AVAILABLE
FEDERAL RESOURCES INCLUDING BUT NOT LIMITED TO  FEDERAL  GRANTS,  LOANS,
LOAN  GUARANTEES,  SURETY  BONDING GUARANTEES, TECHNICAL ASSISTANCE, AND
PROGRAMS AND SERVICES OF THE FEDERAL SMALL BUSINESS ADMINISTRATION.
  S 5. Subdivision 4 of section 311 of the executive law,  as  added  by
chapter 261 of the laws of 1988, is amended to read as follows:
  4.  The  director  may provide assistance to, AND FACILITATE ACCESS TO
PROGRAMS SERVING certified businesses as well as  applicants  to  ensure
that  such businesses benefit, as needed, from technical, managerial and
financial [assistance and  other  business  development  programs],  AND
GENERAL  BUSINESS  ASSISTANCE;  TRAINING;  MARKETING;  ORGANIZATION  AND
PERSONNEL SKILL DEVELOPMENT; PROJECT MANAGEMENT  ASSISTANCE;  TECHNOLOGY
ASSISTANCE;  BOND AND INSURANCE EDUCATION ASSISTANCE; AND OTHER BUSINESS

S. 1590                             3

DEVELOPMENT ASSISTANCE. In addition, the director may, either  independ-
ently or in conjunction with other state agencies:
  (a)  develop  a  clearinghouse of information on programs and services
provided by entities that may assist such businesses; [and]
  (b) review bonding and paperwork requirements imposed  by  contracting
agencies that may unnecessarily impede the ability of such businesses to
compete[.]; AND
  (C)  SEEK TO MAXIMIZE UTILIZATION BY MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES OF AVAILABLE FEDERAL RESOURCES INCLUDING BUT NOT LIMITED  TO
FEDERAL GRANTS, LOANS, LOAN GUARANTEES, SURETY BONDING GUARANTEES, TECH-
NICAL  ASSISTANCE,  AND PROGRAMS AND SERVICES OF THE FEDERAL SMALL BUSI-
NESS ADMINISTRATION.
  S 6. Subparagraph (v) of paragraph b of subdivision 3 of  section  163
of the state finance law, as added by chapter 95 of the laws of 2000, is
amended to read as follows:
  (v)  With the assistance of the department of economic development and
other state agencies, provide a training program once per year, in  each
economic  development  region,  as  established in article eleven of the
economic development law, beginning January first, two thousand one, for
those businesses certified pursuant to article fifteen-A of  the  execu-
tive  law  and  those  interested  in  becoming certified. Such training
program shall provide assistance with  respect  to  participation  as  a
vendor  in  the procurement process, as established in this article, AND
INCLUDING WITHOUT LIMITATION EDUCATING MINORITY  AND  WOMEN  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 BUSINESS ADMINISTRATION BOND GUARANTEE PROGRAM.
  S 7. This act shall take effect immediately; provided,  however,  that
the amendments to subdivision 4 of section 311 of the executive law made
by  section  five  of  this  act shall not affect the expiration of such
section and shall be deemed to expire therewith; provided  further  that
the  amendment  to  section 163 of the state finance law made by section
six of this act shall not affect the repeal of such section and shall be
deemed to be repealed therewith; and provided  further  that  the  addi-
tional  appointments required by subdivision 1 of section 120 and subdi-
vision 1 of section 133 of the economic development law, as  amended  by
sections  one  and two, respectively, of this act shall be made no later
than April 1, 2010.