NY State Senate Bill 2009-S3802

Senate Bill S3802

2009-2010 Legislative Session

Requires state economic development agencies to provide preferences to small businesses and entrepreneurs in the programs that they administer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to commerce, economic development and small business
Apr 01, 2009	referred to commerce, economic development and small business

co-Sponsors

2009-S3802 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Economic Development Law
Laws Affected:: Add §101-a, Ec Dev L; amd §1823, Pub Auth L; add §4-a, UDC Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4410
2013-2014: S1530
2015-2016: S2089, S6588
2017-2018: S2138
2019-2020: S1238
2021-2022: S3038
2023-2024: S5407

2009-S3802 (ACTIVE) - Summary

Requires the department of economic development, job development authority, office of science, technology, and academic research, and urban development corporation to provide preferences to small businesses and entrepreneurs in the administration of their economic development assistance programs; requires annual reports thereon.

2009-S3802 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3802

 TITLE OF BILL :

An act to amend the economic development law, the public authorities
law and the New York state urban development corporation act, in
relation to providing a preference to small businesses and
entrepreneurs in the award of state economic development assistance


 PURPOSE OR GENERAL IDEA OF BILL :

To require that State economic development agencies give preference to
the small businesses and entrepreneurs in the award of State economic
development assistance.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would direct the Department of Economic Development, the Job
Development Authority, the New York State Office of Science,
Technology and Academic Research and the Urban Development Corporation
to give preference to small businesses and entrepreneurs seeking State
economic development funds.

This bill would require that within each statutory economic
development program, the State agency or authority actively market the

program to small businesses and entrepreneurs, assist small businesses
and entrepreneurs in accessing the program, and in the review of
applications for program funds, give priority to those applications
from small businesses and entrepreneurs.  The bill would also require
each State economic development agency to report annually on
activities undertaken to provide small businesses and entrepreneurs
with a preference in the award of funds, and to list those businesses
and entrepreneurs.

This bill would amend the economic development law, the public
authorities law with respect to the Job Development Authority and the
New York State Office of Science, Technology and Academic Research and
the Urban Development Corporation Act.

 JUSTIFICATION :

Small businesses and entrepreneurs create eight out of every ten new
jobs in New York State.  Although many State economic development
programs have been created specifically to assist small businesses and
entrepreneurs in creating or retaining jobs, in reality larger
businesses often have a competitive advantage in accessing State
assistance, with greater levels of resources and in-house expertise.
Often times state economic development agencies also display a clear
preference for larger, higher-profile capital projects at the expense
of small business formation and growth.

This bill would vest each State economic development agency and each
State economic development program with the mission of ensuring that
small businesses and entrepreneurs are provided with the information
and assistance they require accessing every state economic development
program. The bill would also direct each state economic development
agency to evaluate applications for financial assistance with the goal
of ensuring that small businesses and entrepreneurs receive priority
consideration in the award of limited state funds.

By establishing a clear preference in the award of State economic
development funds to small businesses and entrepreneurs, the state may
more effectively target its limited economic development resources to
those businesses in greatest need of assistance and with greatest job
creation potential.
 PRIOR LEGISLATIVE HISTORY :

2004: Senate Commerce Cmte./Passed Assembly
2005-06: Senate Commerce Cmte./Passed Assembly
2007-08: Passed Senate/Passed Assembly

 FISCAL IMPLICATIONS :

No fiscal implications have been identified.

 EFFECTIVE DATE :
Immediately.

2009-S3802 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3802

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sens. FLANAGAN, HANNON, LARKIN, WINNER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Commerce, Economic Development and Small Business

AN ACT to amend the economic development law, the public authorities law
  and  the New York state urban development corporation act, in relation
  to providing a preference to small businesses and entrepreneurs in the
  award of state economic development assistance

  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 101-a to read as follows:
  S 101-A. PREFERENCES TO SMALL BUSINESSES AND  ENTREPRENEURS.  IN  EACH
PROGRAM  ADMINISTERED  BY  OR ON BEHALF OF THE DEPARTMENT PURSUANT TO AN
APPROPRIATION OF FUNDS, AND CONSISTENT WITH ANY STATUTE  GOVERNING  SUCH
PROGRAM,  PREFERENCE  SHALL BE GIVEN TO THE AWARD OF SUCH FUNDS TO SMALL
BUSINESSES AND ENTREPRENEURS. SUCH PREFERENCE SHALL INCLUDE, BUT NOT  BE
LIMITED  TO, ACTIVE MARKETING OF THE PROGRAM SPECIFICALLY TO SMALL BUSI-
NESSES AND ENTREPRENEURS, PROVIDING ASSISTANCE TO INDIVIDUAL SMALL BUSI-
NESSES AND ENTREPRENEURS IN ACCESSING AVAILABLE FUNDS UNDER THE PROGRAM,
AND ESTABLISHING AND WORKING TO MEET THE GOAL OF AWARDING TWENTY PERCENT
OF AVAILABLE FUNDS UNDER THE PROGRAM TO SMALL BUSINESSES  AND  ENTREPRE-
NEURS.  FOR PURPOSES OF THIS SECTION, THE TERM "ENTREPRENEUR" SHALL MEAN
A PERSON WHO ORGANIZES, OPERATES, AND ASSUMES THE  RISK  OF  A  START-UP
BUSINESS  VENTURE.  THE  DEPARTMENT  SHALL  INCLUDE IN THE ANNUAL REPORT
REQUIRED PURSUANT TO SUBDIVISION THIRTY-SEVEN-A OF SECTION  ONE  HUNDRED
OF  THIS  ARTICLE  A  DESCRIPTION  OF ACTIVITIES, A LISTING OF PROPOSALS
RECEIVING FINANCIAL ASSISTANCE PURSUANT TO  THIS  SECTION  AND  IDENTIFY
WHETHER THE TWENTY PERCENT GOAL WAS MET FOR EACH PROGRAM.
  S 2. Section 1823 of the public authorities law is amended by adding a
new subdivision 8 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02413-01-9

S. 3802                             2

  8.  IN EACH PROGRAM ADMINISTERED BY OR ON BEHALF OF THE AUTHORITY, AND
CONSISTENT WITH ANY STATUTE GOVERNING SUCH PROGRAM, PREFERENCE SHALL  BE
GIVEN  TO THE AWARD OF SUCH FUNDS TO SMALL BUSINESSES AND ENTREPRENEURS.
SUCH PREFERENCE SHALL INCLUDE, BUT NOT BE LIMITED TO,  ACTIVE  MARKETING
OF  THE  PROGRAM  SPECIFICALLY  TO  SMALL  BUSINESSES AND ENTREPRENEURS,
PROVIDING ASSISTANCE TO INDIVIDUAL SMALL BUSINESSES AND ENTREPRENEURS IN
ACCESSING AVAILABLE FUNDS UNDER THE PROGRAM, AND ESTABLISHING AND  WORK-
ING TO MEET THE GOAL OF AWARDING TWENTY PERCENT OF AVAILABLE FUNDS UNDER
THE PROGRAM TO SMALL BUSINESSES AND ENTREPRENEURS.  FOR PURPOSES OF THIS
SUBDIVISION,  THE  TERM  "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS
PROVIDED IN SECTION ONE HUNDRED THIRTY-ONE OF THE  ECONOMIC  DEVELOPMENT
LAW  AND  THE  TERM  "ENTREPRENEUR"  SHALL  MEAN A PERSON OR PERSONS WHO
ORGANIZES, OPERATES,  AND  ASSUMES  THE  RISK  OF  A  START-UP  BUSINESS
VENTURE.  THE  AUTHORITY  SHALL  INCLUDE  IN  THE  ANNUAL PROGRAM REPORT
REQUIRED PURSUANT TO SECTION  EIGHTEEN  HUNDRED  TWENTY-NINE-A  OF  THIS
TITLE  A DESCRIPTION OF ACTIVITIES, A LISTING OF PROPOSALS PROVIDED WITH
FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION AND IDENTIFY  WHETHER  THE
TWENTY PERCENT GOAL WAS MET FOR EACH PROGRAM.
  S 3. Section 1 of chapter 174 of the laws of 1968 constituting the New
York  state urban development corporation act is amended by adding a new
section 4-a to read as follows:
  S 4-A. IN EACH PROGRAM ADMINISTERED BY OR ON BEHALF OF THE CORPORATION
PURSUANT TO AN APPROPRIATION OF FUNDS, AND CONSISTENT WITH  ANY  STATUTE
GOVERNING  SUCH  PROGRAM, PREFERENCE SHALL BE GIVEN TO THE AWARD OF SUCH
FUNDS TO SMALL BUSINESSES AND  ENTREPRENEURS.    SUCH  PREFERENCE  SHALL
INCLUDE,  BUT NOT BE LIMITED TO, ACTIVE MARKETING OF THE PROGRAM SPECIF-
ICALLY TO SMALL BUSINESSES AND ENTREPRENEURS,  PROVIDING  ASSISTANCE  TO
INDIVIDUAL  SMALL  BUSINESSES  AND  ENTREPRENEURS IN ACCESSING AVAILABLE
FUNDS UNDER THE PROGRAM, AND ESTABLISHING AND WORKING TO MEET  THE  GOAL
OF AWARDING TWENTY PERCENT OF AVAILABLE FUNDS UNDER THE PROGRAM TO SMALL
BUSINESSES  AND  ENTREPRENEURS.   FOR PURPOSES OF THIS SECTION, THE TERM
"SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION  131
OF THE ECONOMIC DEVELOPMENT LAW AND THE TERM "ENTREPRENEUR" SHALL MEAN A
PERSON  OR  PERSONS  WHO  ORGANIZES, OPERATES, AND ASSUMES THE RISK OF A
START-UP BUSINESS VENTURE. THE CORPORATION SHALL INCLUDE IN  THE  ANNUAL
PROGRAM  REPORT  REQUIRED  PURSUANT  TO  SECTION  THIRTY  OF  THIS ACT A
DESCRIPTION OF ACTIVITIES, A LISTING OF PROPOSALS PROVIDED  WITH  FINAN-
CIAL ASSISTANCE PURSUANT TO THIS SECTION AND IDENTIFY WHETHER THE TWENTY
PERCENT GOAL WAS MET FOR EACH PROGRAM.
  S 4. This act shall take effect immediately.

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Senate Bill S3802

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

co-Sponsors

John A. DeFrancisco

Kemp Hannon

William Larkin

George Winner

2009-S3802 (ACTIVE) - Details

2009-S3802 (ACTIVE) - Summary

2009-S3802 (ACTIVE) - Sponsor Memo

2009-S3802 (ACTIVE) - Bill Text download pdf

Comments