S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5470
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
   Committee on Small Business
 
 AN ACT to amend the economic development law, in  relation  to  creating
   the federal contract workers assistance program
 
   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
 article 23 to read as follows:
                                ARTICLE 23
                         FEDERAL CONTRACT WORKERS
                            ASSISTANCE PROGRAM
 SECTION 450. ELIGIBILITY CRITERIA.
         451. APPLICATION AND APPROVAL PROCESS.
         452. FEDERAL CONTRACT WORKER ASSISTANCE PROGRAM.
   § 450. ELIGIBILITY CRITERIA. 1. IN ORDER TO PARTICIPATE IN THE FEDERAL
 CONTRACT  WORKERS ASSISTANCE PROGRAM, A BUSINESS ENTITY MUST SATISFY THE
 FOLLOWING CRITERIA:
   (A) THE BUSINESS ENTITY MUST BE A SMALL BUSINESS;
   (B) THE BUSINESS ENTITY MUST  DEMONSTRATE  THAT  IT  CURRENTLY  HAS  A
 CONTRACT WITH THE FEDERAL GOVERNMENT; AND
   (C)  THE BUSINESS ENTITY MUST DEMONSTRATE THAT THEIR BUSINESS HAS BEEN
 NEGATIVELY AFFECTED FINANCIALLY DUE TO A FEDERAL GOVERNMENT SHUTDOWN.
   2. FOR PURPOSES OF THIS ARTICLE THE TERM "SMALL BUSINESS"  SHALL  HAVE
 THE SAME MEANING AS SECTION ONE HUNDRED THIRTY-ONE OF THIS CHAPTER.
   §  451.  APPLICATION  AND  APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
 SUBMIT A COMPLETED APPLICATION IN SUCH FORM AND WITH SUCH INFORMATION AS
 PRESCRIBED BY THE COMMISSIONER.
   2. AS PART OF SUCH APPLICATION, EACH BUSINESS ENTITY MUST:
   (A) PROVIDE SUCH DOCUMENTATION AS  THE  COMMISSIONER  MAY  REQUIRE  IN
 ORDER  FOR  THE  COMMISSIONER  TO  DETERMINE THAT THE BUSINESS ENTITY IS
 ELIGIBLE FOR THE PROGRAM;

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

                                                            LBD08951-02-9

 A. 5470                             2
 
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE ITS
 TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED  AS
 A  RESULT  OF  THIS  AGREEMENT  SHALL NOT BE AVAILABLE FOR DISCLOSURE OR
 INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED  AS A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE FOR DISCLO-
 SURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY  AND  ALL  BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; AND
   (E)  CERTIFY,  UNDER  PENALTY  OF  PERJURY,  THAT IT IS IN SUBSTANTIAL
 COMPLIANCE WITH ALL ENVIRONMENTAL, WORKER PROTECTION, AND LOCAL,  STATE,
 AND FEDERAL TAX LAWS.
   §  452.  FEDERAL  CONTRACT WORKER ASSISTANCE PROGRAM. 1. THE STATE MAY
 PROVIDE LOANS TO BE ADMINISTERED BY THE DEPARTMENT  TO  ASSIST  BUSINESS
 ENTITIES  WHICH  MEET  THE CRITERIA OF SECTION FOUR HUNDRED FIFTY-ONE OF
 THIS ARTICLE AND WHOSE  APPLICATIONS  HAVE  BEEN  APPROVED  PURSUANT  TO
 SECTION FOUR HUNDRED FIFTY-ONE OF THIS ARTICLE.
   2.  ALL  LOANS  SHALL  BE  REPAID BY THE BUSINESS ENTITY WITHIN TWELVE
 CALENDAR MONTHS FROM WHEN SUCH FUNDS ARE DISBURSED TO THE BUSINESS ENTI-
 TY.
   3. SUCH LOANS SHALL ONLY BE USED BY THE BUSINESS  ENTITY  FOR  PAYROLL
 PURPOSES.
   4.  THE  AMOUNT  OF SUCH LOANS SHALL BE DETERMINED BY THE COMMISSIONER
 BUT SHALL NOT EXCEED THE AMOUNT MADE  AVAILABLE  THEREFOR  BY  APPROPRI-
 ATION.
   5.  THE  COMMISSIONER  SHALL  PROMULGATE  RULES  AND  REGULATIONS  FOR
 PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS ARTICLE.
   § 2. This act shall take effect immediately.