S T A T E O F N E W Y O R K
________________________________________________________________________
1704
2023-2024 Regular Sessions
I N S E N A T E
January 13, 2023
___________
Introduced by Sen. COMRIE -- 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 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03568-01-3
S. 1704 2
(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;
(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.