Bill Text: NY A04225 | 2009-2010 | General Assembly | Introduced


Bill Title: 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

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2010-05-11 - held for consideration in small business [A04225 Detail]

Download: New_York-2009-A04225-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4225
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2009
                                      ___________
       Introduced by M. of A. CROUCH, KOLB, BURLING -- Multi-Sponsored by -- M.
         of  A.  BACALLES,  FINCH -- read once and referred to the Committee 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:
    1    Section 1. Legislative findings. The legislature finds that the number
    2  of  small  businesses  located  within  the  boundaries  of the state is
    3  decreasing at a rapid pace. In today's market place, the small  business
    4  owner  struggles  to compete with the large corporate chain stores.  The
    5  legislature further finds that the existence of these  small  businesses
    6  within  the  state  is  crucial  toward the strengthening of the state's
    7  economy. Therefore, it is imperative that steps be taken to help  ensure
    8  the future existence and stability of these small businesses.
    9    S  2.  The  department  of  economic development is hereby directed to
   10  conduct a comprehensive study relating to the ability  to  retain  small
   11  retail  businesses  within  the  state  and  is further directed to make
   12  recommendations in  accordance  with  its  findings.  Such  study  shall
   13  include, but not be limited to:
   14    1. The economic feasibility to grant money to communities to establish
   15  small retail business retention and development plans.
   16    2.  The possibility of subsidizing, either in whole or in part, retail
   17  entrepreneur education programs for small business owners throughout the
   18  state.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06912-01-9
       A. 4225                             2
    1    3. The use of tax credits, both income and property, for small  retail
    2  business  owners  to  lessen  their  financial  burden  and to help them
    3  compete with the highly funded corporation.
    4    4.  The  possibility of implementing legislation guaranteeing loans to
    5  small retail business owners at a low, fixed interest rate.
    6    5. The economic feasibility to grant money to  small  retail  business
    7  owners for the upgrade of certain equipment.
    8    6.  The  ability  to  create  a small business incentive program. Such
    9  program would:
   10    a. require small retail business owners participating in  the  program
   11  to  commit  to  a five year program consisting of entrepreneur education
   12  classes, management training, and consultations with financial advisors.
   13    b. be devised so as to create incentives for banking  institutions  to
   14  participate  in  the  growth  and  production  of new and existing small
   15  retail businesses.
   16    S 3. A report of the findings of such study, recommendations, and  any
   17  proposed  legislation  necessary to implement such recommendations shall
   18  be filed with the governor, the temporary president of the  senate,  and
   19  the  speaker of the assembly within one year after the effective date of
   20  this act.
   21    S 4. The economic development law is amended by adding a  new  section
   22  139 to read as follows:
   23    S  139. SMALL BUSINESS OWNER AND POTENTIAL SMALL BUSINESS OWNER TRAIN-
   24  ING PILOT PROGRAM. 1. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED
   25  TO ESTABLISH A SMALL BUSINESS OWNER AND POTENTIAL SMALL  BUSINESS  OWNER
   26  TRAINING PROGRAM WITHIN NEW YORK STATE. THE PURPOSE OF THE PILOT PROGRAM
   27  IS  TO  PREVENT  THE DEMISE OF SMALL RETAIL BUSINESSES WITHIN THE STATE.
   28  THIS PILOT PROGRAM SEEKS TO PROMOTE THE GROWTH  OF  SMALL  RETAIL  BUSI-
   29  NESSES  BY  ENCOURAGING  STATE  AND LOCAL CHAMBERS OF COMMERCE AND OTHER
   30  LOCAL BUSINESS PROMOTING ENTITIES TO CREATE SMALL RETAIL BUSINESS TRAIN-
   31  ING AND COUNSEL TO PROSPECTIVE BUSINESS OWNERS.
   32    THE COMMISSIONER SHALL PROMULGATE REGULATIONS AND REQUIREMENTS FOR THE
   33  ESTABLISHMENT OF A SMALL BUSINESS OWNER  AND  POTENTIAL  SMALL  BUSINESS
   34  OWNER  TRAINING  PROGRAM. A CHAMBER OF COMMERCE OR ANY OTHER LOCAL BUSI-
   35  NESS PROMOTING ENTITY INTERESTED IN PARTICIPATING IN THIS PILOT  PROGRAM
   36  SHALL   SUBMIT  A  PROPOSAL  FOR  APPROVAL  BY  THE  COMMISSIONER  WHICH
   37  DESCRIBES:
   38    A. THE SPECIFIC SMALL BUSINESS POPULATION TO BE SERVED;
   39    B. THE MANNER IN WHICH SUCH SMALL BUSINESSES WILL BE IDENTIFIED;
   40    C. THE SPECIFIC SMALL RETAIL BUSINESS TRAINING AND COUNSEL TO BUSINESS
   41  OWNERS AND PROSPECTIVE BUSINESS OWNERS TO BE PROVIDED;
   42    D. THE MANNER IN WHICH SUCH SMALL RETAIL BUSINESS TRAINING AND COUNSEL
   43  TO BUSINESS OWNERS AND PROSPECTIVE BUSINESS OWNERS SHALL BE PROVIDED;
   44    E. ALL ASSOCIATED COSTS;
   45    F. THE EXPECTED BENEFITS OF THE TRAINING PROGRAM;
   46    G. THE METHOD TO BE UTILIZED  TO  MEASURE  THE  EFFECTIVENESS  OF  THE
   47  TRAINING PROGRAM; AND
   48    H.  SUCH  OTHER  INFORMATION AS THE COMMISSIONER MAY DEEM NECESSARY TO
   49  ASSURE THE SUCCESS OF THE SMALL BUSINESS OWNER AND POTENTIAL SMALL BUSI-
   50  NESS OWNER TRAINING PILOT PROGRAM.
   51    2. APPROVAL AND TERMS OF SPONSORS AND SMALL BUSINESS OWNER AND  POTEN-
   52  TIAL  SMALL BUSINESS OWNER PROGRAMS. THE WRITTEN APPROVAL OF A SPONSOR'S
   53  APPLICATION BY THE COMMISSIONER  SHALL  CONSTITUTE  AUTHORIZATION  TO  A
   54  SPONSOR  TO COMMENCE A SMALL BUSINESS OWNER AND POTENTIAL SMALL BUSINESS
   55  OWNER PROGRAM.
       A. 4225                             3
    1    SUCH AUTHORIZATION SHALL BE IN EFFECT FOR THREE YEARS, ABSENT  REVOCA-
    2  TION OR EXTENSION BY THE COMMISSIONER.
    3    3. REPORTING AND EVALUATION OF THE PROGRAM. ON OR BEFORE EACH ONE YEAR
    4  ANNIVERSARY  OF  THE  PILOT  PROGRAM'S INCEPTION, THE COMMISSIONER SHALL
    5  SUBMIT A REPORT TO THE  GOVERNOR  AND  THE  LEGISLATURE  CONCERNING  THE
    6  PROGRAMS  ESTABLISHED IN THIS SECTION AND SHALL PROVIDE AN EVALUATION AS
    7  TO THE EFFECTIVENESS OF THE PILOT PROGRAM IN MEETING  THE  PURPOSES  FOR
    8  WHICH  IT  WAS ESTABLISHED. SUCH REPORT SHALL ALSO RECOMMEND WHETHER THE
    9  PILOT PROGRAM SHOULD BE EXPANDED TO ADDITIONAL LOCATIONS  IN  THE  STATE
   10  AND SHALL ESTIMATE THE FINANCIAL COST OF ANY SUCH EXPANSION.
   11    S  5.  The  sum  of two hundred ten thousand dollars ($210,000), or so
   12  much thereof as may be necessary, is hereby appropriated to the  depart-
   13  ment  of  economic  development from any moneys in the state treasury in
   14  the general fund not otherwise appropriated for services  and  expenses;
   15  including  the  expenses  of the department of economic development, for
   16  the purposes of carrying out the provisions of this act. Such sum  shall
   17  be payable on the audit and warrant of the state comptroller on vouchers
   18  certified  or  approved  by the commissioner of economic development, or
   19  his duly designated representative in the manner provided  by  law.  Not
   20  more  than  fifteen  percent  of  the  monies hereby appropriated may be
   21  expended for the costs of the department of economic development.
   22    S 6. This act shall take effect immediately.
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