senate Bill S4410

2011-2012 Legislative Session

Requires state economic development agencies to provide preferences to small businesses and entrepreneurs in the programs that they administer

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Apr 19, 2012 advanced to third reading
Apr 18, 2012 2nd report cal.
Apr 17, 2012 1st report cal.490
Jan 04, 2012 referred to corporations, authorities and commissions
returned to senate
died in assembly
Jun 20, 2011 referred to small business
delivered to assembly
passed senate
May 24, 2011 advanced to third reading
May 23, 2011 2nd report cal.
May 18, 2011 1st report cal.768
Apr 04, 2011 referred to corporations, authorities and commissions

Votes

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Apr 17, 2012 - Corporations, Authorities and Commissions committee Vote

S4410
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Apr 17, 2012

aye wr (1)

May 18, 2011 - Corporations, Authorities and Commissions committee Vote

S4410
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: May 18, 2011

aye wr (2)

Co-Sponsors

S4410 - Bill Details

See Assembly Version of this Bill:
A8671
Current Committee:
Law Section:
Economic Development Law
Laws Affected:
Add §101-a, Ec Dev L; amd §1823, Pub Auth L; add §4-a, UDC Act
Versions Introduced in 2009-2010 Legislative Session:
S3802

S4410 - Bill Texts

view summary

Requires the department of economic development, job development authority, and urban development corporation to provide preferences to small businesses and entrepreneurs in the administration of their economic development assistance programs; requires annual reports thereon.

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BILL NUMBER:S4410

TITLE OF BILL:

An act
to amend the economic development law, the public
authorities law and the
New York state urban development corporation act, in relation to
providing a preference to small businesses and entrepreneurs in the
award of state economic development assistance

PURPOSE OR GENERAL IDEA OF BILL:

To require that State economic development agencies give preference to
the small businesses and entrepreneurs in the award of State economic
development assistance.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would direct the Department of Economic Development, the Job
Development Authority, the New York State Office of Science,
Technology and Academic Research and the Urban Development
Corporation to give preference to small businesses and entrepreneurs
seeking State economic development funds.

This bill would require that within each statutory economic
development program, the State agency or authority actively market
the program to small businesses and entrepreneurs, assist small
businesses and entrepreneurs in accessing the program, and in the
review of applications for program funds, give priority to those
applications from small businesses and entrepreneurs.
The bill would also require each State economic development agency to
report annually on activities undertaken to provide small businesses
and entrepreneurs with a preference in the award of funds, and to
list those businesses and entrepreneurs.

This bill would amend the economic development law, the public
authorities law with respect to the Job Development Authority and the
New York State Office of Science, Technology and Academic Research
and the Urban Development Corporation Act.

JUSTIFICATION:

Small businesses and entrepreneurs create eight out of every ten new
jobs in New York State.
Although many State economic development programs have been created
specifically to assist small businesses and entrepreneurs in creating
or retaining jobs, in reality larger businesses often have a
competitive advantage in accessing State assistance, with greater
levels of resources and in-house expertise. Often times state
economic development agencies also display a clear preference for
larger, higher-profile capital projects at the expense of small
business
formation and growth.


This bill would vest each State economic development agency and each
State economic development program with the mission of ensuring that
small businesses and entrepreneurs are provided with the information
and assistance they require accessing every state economic
development program. The bill would also direct each state economic
development agency to evaluate applications for financial assistance
with the goal of ensuring that small businesses and entrepreneurs
receive priority consideration in the award of limited state funds.

By establishing a clear preference in the award of State economic
development funds to small businesses and entrepreneurs, the state
may more effectively target its limited economic development
resources to those businesses in greatest need of assistance and with
greatest job creation potential.

PRIOR LEGISLATIVE HISTORY:

2004: Senate Commerce Cmte./Passed Assembly
2005-06: Senate Commerce Cmte./Passed Assembly
2007-08: Passed Senate/Passed Assembly
2009-10: S.3802 Commerce, Economic Development & Small Business Cmte.

FISCAL IMPLICATIONS:

No fiscal implications have been identified.

EFFECTIVE DATE:

Immediately.

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

                                  4410

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the economic development law, the public authorities law
  and  the New York state urban development corporation act, in relation
  to providing a preference to small businesses and entrepreneurs in the
  award of state economic development assistance

  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 101-a to read as follows:
  S 101-A. PREFERENCES TO SMALL BUSINESSES AND  ENTREPRENEURS.  IN  EACH
PROGRAM  ADMINISTERED  BY  OR ON BEHALF OF THE DEPARTMENT PURSUANT TO AN
APPROPRIATION OF FUNDS, AND CONSISTENT WITH ANY STATUTE  GOVERNING  SUCH
PROGRAM,  PREFERENCE  SHALL BE GIVEN TO THE AWARD OF SUCH FUNDS TO SMALL
BUSINESSES AND ENTREPRENEURS. SUCH PREFERENCE SHALL INCLUDE, BUT NOT  BE
LIMITED  TO, ACTIVE MARKETING OF THE PROGRAM SPECIFICALLY TO SMALL BUSI-
NESSES AND ENTREPRENEURS, PROVIDING ASSISTANCE TO INDIVIDUAL SMALL BUSI-
NESSES AND ENTREPRENEURS IN ACCESSING AVAILABLE FUNDS UNDER THE PROGRAM,
AND ESTABLISHING AND WORKING TO MEET THE GOAL OF AWARDING TWENTY PERCENT
OF AVAILABLE FUNDS UNDER THE PROGRAM TO SMALL BUSINESSES  AND  ENTREPRE-
NEURS.  FOR PURPOSES OF THIS SECTION, THE TERM "ENTREPRENEUR" SHALL MEAN
A PERSON WHO ORGANIZES, OPERATES, AND ASSUMES THE  RISK  OF  A  START-UP
BUSINESS  VENTURE.  THE  DEPARTMENT  SHALL  INCLUDE IN THE ANNUAL REPORT
REQUIRED PURSUANT TO SUBDIVISION THIRTY-SEVEN-A OF SECTION  ONE  HUNDRED
OF  THIS  ARTICLE  A  DESCRIPTION  OF ACTIVITIES, A LISTING OF PROPOSALS
RECEIVING FINANCIAL ASSISTANCE PURSUANT TO  THIS  SECTION  AND  IDENTIFY
WHETHER THE TWENTY PERCENT GOAL WAS MET FOR EACH PROGRAM.
  S 2. Section 1823 of the public authorities law is amended by adding a
new subdivision 8 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10603-01-1

S. 4410                             2

  8.  IN EACH PROGRAM ADMINISTERED BY OR ON BEHALF OF THE AUTHORITY, AND
CONSISTENT WITH ANY STATUTE GOVERNING SUCH PROGRAM, PREFERENCE SHALL  BE
GIVEN  TO THE AWARD OF SUCH FUNDS TO SMALL BUSINESSES AND ENTREPRENEURS.
SUCH PREFERENCE SHALL INCLUDE, BUT NOT BE LIMITED TO,  ACTIVE  MARKETING
OF  THE  PROGRAM  SPECIFICALLY  TO  SMALL  BUSINESSES AND ENTREPRENEURS,
PROVIDING ASSISTANCE TO INDIVIDUAL SMALL BUSINESSES AND ENTREPRENEURS IN
ACCESSING AVAILABLE FUNDS UNDER THE PROGRAM, AND ESTABLISHING AND  WORK-
ING TO MEET THE GOAL OF AWARDING TWENTY PERCENT OF AVAILABLE FUNDS UNDER
THE PROGRAM TO SMALL BUSINESSES AND ENTREPRENEURS.  FOR PURPOSES OF THIS
SUBDIVISION,  THE  TERM  "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS
PROVIDED IN SECTION ONE HUNDRED THIRTY-ONE OF THE  ECONOMIC  DEVELOPMENT
LAW  AND  THE  TERM  "ENTREPRENEUR"  SHALL  MEAN A PERSON OR PERSONS WHO
ORGANIZES, OPERATES,  AND  ASSUMES  THE  RISK  OF  A  START-UP  BUSINESS
VENTURE.  THE  AUTHORITY  SHALL  INCLUDE  IN  THE  ANNUAL PROGRAM REPORT
REQUIRED PURSUANT TO SECTION  EIGHTEEN  HUNDRED  TWENTY-NINE-A  OF  THIS
TITLE  A DESCRIPTION OF ACTIVITIES, A LISTING OF PROPOSALS PROVIDED WITH
FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION AND IDENTIFY  WHETHER  THE
TWENTY PERCENT GOAL WAS MET FOR EACH PROGRAM.
  S 3. 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 4-a to read as follows:
  S 4-A. IN EACH PROGRAM ADMINISTERED BY OR ON BEHALF OF THE CORPORATION
PURSUANT TO AN APPROPRIATION OF FUNDS, AND CONSISTENT WITH  ANY  STATUTE
GOVERNING  SUCH  PROGRAM, PREFERENCE SHALL BE GIVEN TO THE AWARD OF SUCH
FUNDS TO SMALL BUSINESSES AND  ENTREPRENEURS.    SUCH  PREFERENCE  SHALL
INCLUDE,  BUT NOT BE LIMITED TO, ACTIVE MARKETING OF THE PROGRAM SPECIF-
ICALLY TO SMALL BUSINESSES AND ENTREPRENEURS,  PROVIDING  ASSISTANCE  TO
INDIVIDUAL  SMALL  BUSINESSES  AND  ENTREPRENEURS IN ACCESSING AVAILABLE
FUNDS UNDER THE PROGRAM, AND ESTABLISHING AND WORKING TO MEET  THE  GOAL
OF AWARDING TWENTY PERCENT OF AVAILABLE FUNDS UNDER THE PROGRAM TO SMALL
BUSINESSES  AND  ENTREPRENEURS.   FOR PURPOSES OF THIS SECTION, THE TERM
"SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION  131
OF THE ECONOMIC DEVELOPMENT LAW AND THE TERM "ENTREPRENEUR" SHALL MEAN A
PERSON  OR  PERSONS  WHO  ORGANIZES, OPERATES, AND ASSUMES THE RISK OF A
START-UP BUSINESS VENTURE. THE CORPORATION SHALL INCLUDE IN  THE  ANNUAL
PROGRAM  REPORT  REQUIRED  PURSUANT  TO  SECTION  THIRTY  OF  THIS ACT A
DESCRIPTION OF ACTIVITIES, A LISTING OF PROPOSALS PROVIDED  WITH  FINAN-
CIAL ASSISTANCE PURSUANT TO THIS SECTION AND IDENTIFY WHETHER THE TWENTY
PERCENT GOAL WAS MET FOR EACH PROGRAM.
  S 4. This act shall take effect immediately.

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