S T A T E O F N E W Y O R K
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5349
2021-2022 Regular Sessions
I N A S S E M B L Y
February 12, 2021
___________
Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
tee on Small Business
AN ACT to amend the economic development law, in relation to directing
the department of economic development to study the attrition of small
retail businesses from the state and create a pilot program to help
maintain the existence of small businesses within the state and to
train and counsel small business owners and potential small business
owners; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the number
of small businesses located within the boundaries of the state is
decreasing at a rapid pace. In today's market place, the small business
owner struggles to compete with the large corporate chain stores. The
legislature further finds that the existence of these small businesses
within the state is crucial toward the strengthening of the state's
economy. Therefore, it is imperative that steps be taken to help ensure
the future existence and stability of these small businesses.
§ 2. The department of economic development is hereby directed to
conduct a comprehensive study relating to the ability to retain small
retail businesses within the state and is further directed to make
recommendations in accordance with its findings. Such study shall
include, but not be limited to:
1. The economic feasibility to grant money to communities to establish
small retail business retention and development plans.
2. The possibility of subsidizing, either in whole or in part, retail
entrepreneur education programs for small business owners throughout the
state.
3. The use of tax credits, both income and property, for small retail
business owners to lessen their financial burden and to help them
compete with the highly funded corporation.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09139-01-1
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4. The possibility of implementing legislation guaranteeing loans to
small retail business owners at a low, fixed interest rate.
5. The economic feasibility to grant money to small retail business
owners for the upgrade of certain equipment.
6. The ability to create a small business incentive program. Such
program would:
a. require small retail business owners participating in the program
to commit to a five year program consisting of entrepreneur education
classes, management training, and consultations with financial advisors.
b. be devised so as to create incentives for banking institutions to
participate in the growth and production of new and existing small
retail businesses.
§ 3. A report of the findings of such study, recommendations, and any
proposed legislation necessary to implement such recommendations shall
be filed with the governor, the temporary president of the senate, and
the speaker of the assembly within one year after the effective date of
this act.
§ 4. The economic development law is amended by adding a new section
139-a to read as follows:
§ 139-A. SMALL BUSINESS OWNER AND POTENTIAL SMALL BUSINESS OWNER
TRAINING PILOT PROGRAM. 1. THE COMMISSIONER IS HEREBY AUTHORIZED AND
DIRECTED TO ESTABLISH A SMALL BUSINESS OWNER AND POTENTIAL SMALL BUSI-
NESS OWNER TRAINING PROGRAM WITHIN NEW YORK STATE. THE PURPOSE OF THE
PILOT PROGRAM IS TO PREVENT THE DEMISE OF SMALL RETAIL BUSINESSES WITHIN
THE STATE. THIS PILOT PROGRAM SEEKS TO PROMOTE THE GROWTH OF SMALL
RETAIL BUSINESSES BY ENCOURAGING STATE AND LOCAL CHAMBERS OF COMMERCE
AND OTHER LOCAL BUSINESS PROMOTING ENTITIES TO CREATE SMALL RETAIL BUSI-
NESS TRAINING AND COUNSEL TO PROSPECTIVE BUSINESS OWNERS.
THE COMMISSIONER SHALL PROMULGATE REGULATIONS AND REQUIREMENTS FOR THE
ESTABLISHMENT OF A SMALL BUSINESS OWNER AND POTENTIAL SMALL BUSINESS
OWNER TRAINING PROGRAM. A CHAMBER OF COMMERCE OR ANY OTHER LOCAL BUSI-
NESS PROMOTING ENTITY INTERESTED IN PARTICIPATING IN THIS PILOT PROGRAM
SHALL SUBMIT A PROPOSAL FOR APPROVAL BY THE COMMISSIONER WHICH
DESCRIBES:
A. THE SPECIFIC SMALL BUSINESS POPULATION TO BE SERVED;
B. THE MANNER IN WHICH SUCH SMALL BUSINESSES WILL BE IDENTIFIED;
C. THE SPECIFIC SMALL RETAIL BUSINESS TRAINING AND COUNSEL TO BUSINESS
OWNERS AND PROSPECTIVE BUSINESS OWNERS TO BE PROVIDED;
D. THE MANNER IN WHICH SUCH SMALL RETAIL BUSINESS TRAINING AND COUNSEL
TO BUSINESS OWNERS AND PROSPECTIVE BUSINESS OWNERS SHALL BE PROVIDED;
E. ALL ASSOCIATED COSTS;
F. THE EXPECTED BENEFITS OF THE TRAINING PROGRAM;
G. THE METHOD TO BE UTILIZED TO MEASURE THE EFFECTIVENESS OF THE
TRAINING PROGRAM; AND
H. SUCH OTHER INFORMATION AS THE COMMISSIONER MAY DEEM NECESSARY TO
ASSURE THE SUCCESS OF THE SMALL BUSINESS OWNER AND POTENTIAL SMALL BUSI-
NESS OWNER TRAINING PILOT PROGRAM.
2. APPROVAL AND TERMS OF SPONSORS AND SMALL BUSINESS OWNER AND POTEN-
TIAL SMALL BUSINESS OWNER PROGRAMS. THE WRITTEN APPROVAL OF A SPONSOR'S
APPLICATION BY THE COMMISSIONER SHALL CONSTITUTE AUTHORIZATION TO A
SPONSOR TO COMMENCE A SMALL BUSINESS OWNER AND POTENTIAL SMALL BUSINESS
OWNER PROGRAM.
SUCH AUTHORIZATION SHALL BE IN EFFECT FOR THREE YEARS, ABSENT REVOCA-
TION OR EXTENSION BY THE COMMISSIONER.
3. REPORTING AND EVALUATION OF THE PROGRAM. ON OR BEFORE EACH ONE YEAR
ANNIVERSARY OF THE PILOT PROGRAM'S INCEPTION, THE COMMISSIONER SHALL
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SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE CONCERNING THE
PROGRAMS ESTABLISHED IN THIS SECTION AND SHALL PROVIDE AN EVALUATION AS
TO THE EFFECTIVENESS OF THE PILOT PROGRAM IN MEETING THE PURPOSES FOR
WHICH IT WAS ESTABLISHED. SUCH REPORT SHALL ALSO RECOMMEND WHETHER THE
PILOT PROGRAM SHOULD BE EXPANDED TO ADDITIONAL LOCATIONS IN THE STATE
AND SHALL ESTIMATE THE FINANCIAL COST OF ANY SUCH EXPANSION.
§ 5. The sum of two hundred ten thousand dollars ($210,000), or so
much thereof as may be necessary, is hereby appropriated to the depart-
ment of economic development from any moneys in the state treasury in
the general fund not otherwise appropriated for services and expenses;
including the expenses of the department of economic development, for
the purposes of carrying out the provisions of this act. Such sum shall
be payable on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of economic development, or
his duly designated representative in the manner provided by law. Not
more than fifteen percent of the monies hereby appropriated may be
expended for the costs of the department of economic development.
§ 6. This act shall take effect immediately.