Assembly Bill A9594

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9594
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Small Business
 
 AN ACT to amend the economic development law, in relation to  establish-
   ing  a  small  business  content  creator  matching pilot program; and
   providing for the repeal of such provisions upon the expiration there-
   of

   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 139-a to read as follows:
   § 139-A. SMALL BUSINESS CONTENT CREATOR MATCHING PILOT  PROGRAM.    1.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "CONTENT CREATOR" MEANS A PERSON WHO CREATES MATERIAL TO BE SHARED
 PUBLICLY ON A SOCIAL MEDIA PLATFORM; AND
   (B) "SMALL BUSINESS" MEANS A  RETAIL  ESTABLISHMENT  THAT  HAS  ANNUAL
 GROSS REVENUES OF LESS THAN FIVE MILLION DOLLARS AND EMPLOYS TWENTY-FIVE
 OR FEWER EMPLOYEES. FOR PURPOSES OF DETERMINING WHETHER AN ENTITY QUALI-
 FIES AS A SMALL BUSINESS, THE REVENUES OF ANY PARENT ENTITY, ANY SUBSID-
 IARY  ENTITIES,  AND ANY ENTITIES OWNED OR CONTROLLED BY A COMMON PARENT
 ENTITY SHALL BE AGGREGATED.
   2. (A) THE DIVISION SHALL ESTABLISH A PILOT  PROGRAM  TO  MATCH  SMALL
 BUSINESSES THAT ARE LOOKING FOR SUPPORT WITH MARKETING AND ADVERTISEMENT
 WITH  CONTENT CREATORS WHO CAN USE THEIR SOCIAL MEDIA PLATFORMS TO BRING
 ATTENTION TO THE SMALL BUSINESSES THEY ARE MATCHED WITH.
   (B) THE DIVISION SHALL ENGAGE IN PUBLIC OUTREACH TO ASSESS THE  AMOUNT
 OF  INTEREST CONTENT CREATORS AND SMALL BUSINESSES HAVE IN PARTICIPATING
 IN THE PROGRAM AND SHALL POST EXPLANATORY INFORMATION ABOUT THE  PROGRAM
 ON THE DIVISION'S WEBSITE.
   3.  (A)  THE  DIVISION SHALL DEVELOP AN APPLICATION FOR SMALL BUSINESS
 ENROLLMENT IN THE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION  TWO
 OF THIS SECTION. SUCH APPLICATION SHALL REQUIRE SMALL BUSINESSES WISHING
 TO  ENROLL  IN  SUCH  PROGRAM TO SUBMIT THE FOLLOWING INFORMATION TO THE
 DIVISION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14036-01-5
 A. 9594                             2
 
   (I) THE NAME OF THE SMALL BUSINESS;
   (II) THE ADDRESS OF THE SMALL BUSINESS;
   (III)  THE NAME, TELEPHONE NUMBER, AND E-MAIL ADDRESS OF AN INDIVIDUAL
 ASSOCIATED WITH THE SMALL BUSINESS WHO WILL SERVE AS A POINT OF  CONTACT
 FOR PURPOSES OF SUCH PROGRAM;
   (IV) THE PREFERRED METHOD OF COMMUNICATION;
   (V) THE HOURS OF OPERATION OF THE SMALL BUSINESS;
   (VI)  A  GENERAL  DESCRIPTION OF THE SMALL BUSINESS, INCLUDING TYPE OF
 GOODS AND PRODUCTS SOLD OR SERVICES PROVIDED;
   (VII) CONSENT TO SHARE RELEVANT BUSINESS REVENUE AND OTHER INFORMATION
 TO ASSIST THE DIVISION IN DETERMINING PROGRAM ELIGIBILITY AND  ASSESSING
 THE IMPACT OF THE PROGRAM; AND
   (VIII) ANY OTHER INFORMATION DEEMED RELEVANT BY THE DIVISION.
   (B)  THE  DIVISION  SHALL  DEVELOP  AN APPLICATION FOR CONTENT CREATOR
 ENROLLMENT IN THE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION  TWO
 OF THIS SECTION. SUCH APPLICATION SHALL REQUIRE CONTENT CREATORS WISHING
 TO  ENROLL  IN  SUCH  PROGRAM TO SUBMIT THE FOLLOWING INFORMATION TO THE
 DIVISION:
   (I) NAME;
   (II) ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS;
   (III) SOCIAL MEDIA PLATFORMS THAT THE CONTENT CREATOR  POSTS  PUBLICLY
 ON;
   (IV)  LINKS TO SOCIAL MEDIA PLATFORMS THAT THE CONTENT CREATOR INTENDS
 TO USE AS PART OF THE PROGRAM AND THE CONTENT CREATOR'S HANDLE OR  USER-
 NAME ON EACH SUCH PLATFORM; AND
   (V) ANY OTHER INFORMATION DEEMED RELEVANT BY THE DIVISION.
   4.  THE DIVISION SHALL DETERMINE THE DURATION OF THE ENROLLMENT PERIOD
 FOR SUCH PROGRAM.
   5. THE DIVISION SHALL MATCH CONTENT  CREATORS  WITH  SMALL  BUSINESSES
 FROM  THE APPLICANT POOL BASED ON THE DIVISION'S DETERMINATION THAT SUCH
 CONTENT CREATOR MIGHT BE ABLE TO PROVIDE THE MARKETING SUPPORT THE SMALL
 BUSINESS IS SEEKING.
   6. WITHIN THIRTY DAYS AFTER THE END OF  SUCH  ENROLLMENT  PERIOD,  THE
 DIVISION  SHALL NOTIFY EACH SMALL BUSINESS AND EACH CONTENT CREATOR THAT
 SUBMITTED AN APPLICATION PURSUANT TO THIS SUBDIVISION WHETHER THEY  HAVE
 BEEN SELECTED FOR PARTICIPATION IN THE PROGRAM. THE DIVISION SHALL NOTI-
 FY  EACH  PARTICIPANT OF THEIR MATCH AND SHALL FACILITATE THE CONNECTION
 BETWEEN MATCHED CONTENT CREATORS AND SMALL BUSINESSES. IF  THE  DIVISION
 HAS  REJECTED  ANY  APPLICANTS, THE DIVISION SHALL NOTIFY SUCH APPLICANT
 AND PROVIDE AN EXPLANATION FOR THE REJECTION.
   7. THE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO  OF  THIS
 SECTION  SHALL  COMMENCE NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
 EFFECTIVE DATE OF THIS SECTION. THE DURATION OF SUCH  PROGRAM  SHALL  BE
 ONE YEAR.
   8.  NO  LATER  THAN ONE YEAR AFTER THE END OF THE PILOT PROGRAM ESTAB-
 LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE  DIVISION  SHALL
 SUBMIT  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY A REPORT ON  SUCH  PROGRAM.  SUCH  REPORT  SHALL
 INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
   (A) THE COST OF SUCH PROGRAM;
   (B) THE NUMBER OF SMALL BUSINESSES THAT PARTICIPATED IN SUCH PROGRAM;
   (C) THE NUMBER OF CONTENT CREATORS WHO PARTICIPATED IN SUCH PROGRAM;
   (D)  AN  ANALYSIS  OF  THE  EFFECT THE PROGRAM HAD ON REVENUE OF SMALL
 BUSINESS PARTICIPANTS;
   (E) AN ANALYSIS  OF  THE  TRAITS  OF  CONTENT  CREATORS  THAT  LED  TO
 INCREASED REVENUE FOR SMALL BUSINESS PARTICIPANTS; AND
 A. 9594                             3
 
   (F)  ANY  CHALLENGES  EXPERIENCED  BY THE DIVISION AND ANY KNOWN CHAL-
 LENGES EXPERIENCED  BY  THE  PARTICIPANTS  DURING  THE  COURSE  OF  SUCH
 PROGRAM.
   9.  THE DIVISION MAY PROMULGATE RULES NECESSARY FOR THE IMPLEMENTATION
 OF THIS SECTION.
   10. THIS SECTION SHALL NOT BE CONSTRUED AS A WARRANTY OF THE COMPLETE-
 NESS, ACCURACY, CONTENT, OR FITNESS FOR ANY PARTICULAR  PURPOSE  OF  ANY
 INFORMATION GENERATED BY A CONTENT CREATOR FOR A SMALL BUSINESS, NOR ARE
 ANY  SUCH  WARRANTIES  TO  BE  IMPLIED  OR INFERRED WITH RESPECT TO SUCH
 INFORMATION. THE STATE SHALL NOT BE HELD LIABLE FOR ANY DEFICIENCIES  IN
 THE  COMPLETENESS,  ACCURACY,  CONTENT,  OR  FITNESS  FOR ANY PARTICULAR
 PURPOSE OR USE OF INFORMATION PROVIDED BY ANY THIRD  PARTY  THROUGH  THE
 PILOT  PROGRAM  ESTABLISHED PURSUANT TO THIS SECTION. THE STATE DOES NOT
 GUARANTEE ANY PARTICULAR RESULT TO PARTICIPANTS IN SUCH PROGRAM.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and  be  deemed  repealed  3
 years after such effective date.