S T A T E O F N E W Y O R K
________________________________________________________________________
4097
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. MILLMAN, PEOPLES, WEPRIN -- Multi-Sponsored by --
M. of A. ALFANO, BENJAMIN, BRODSKY, CLARK, COOK, DESTITO, ESPAILLAT,
FIELDS, GREENE, JACOBS, PERRY, P. RIVERA, SCHROEDER, WEINSTEIN -- read
once and referred to the Committee on Small Business
AN ACT to amend the economic development law, in relation to membership
of the small-business advisory board and the minority and women-owned
business advisory board; and to amend the economic development law,
the executive law, and the state finance law, in relation to the
powers and duties of the division for small-business and the division
of minority and women's business development
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 120 of the economic development
law, as added by chapter 55 of the laws of 1992, is amended to read as
follows:
1. There is hereby created in the division of minority and women's
business development a minority and women-owned business enterprise
advisory board. The board shall consist of [ten] TWELVE members to be
appointed by the governor. The governor shall designate a chairperson
from the members of the advisory board, to serve as such at the pleasure
of the governor. In appointing the members of the advisory board the
governor shall ensure that six of the members are individuals who are
currently involved in the ownership and/or operation of a minority or
women-owned business enterprise or who have extensive experience in
minority and women-owned business enterprise ownership and/or operation,
AND THAT AT LEAST TWO OF THE MEMBERS ARE INDIVIDUALS REPRESENTING BANK-
ING, COMMUNITY DEVELOPMENT FINANCIAL, INSURANCE OR SURETY BONDING INSTI-
TUTIONS.
S 2. Subdivision 1 of section 133 of the economic development law, as
amended by chapter 457 of the laws of 1981, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04471-01-9
A. 4097 2
1. There is hereby created in the division for small business a small
business advisory board. The board shall consist of [fifteen] SEVENTEEN
members to be appointed by the governor, with the advice and consent of
the senate. The governor shall designate a chairman from the members of
the advisory board, to serve as such at the pleasure of the governor. In
appointing the members of the advisory board the governor shall ensure
that at least nine of the members are individuals who are currently
involved in the ownership and/or operation of a small business or who
have extensive experience in small business ownership and/or operation,
AND THAT AT LEAST TWO OF THE MEMBERS ARE INDIVIDUALS REPRESENTING BANK-
ING, COMMUNITY DEVELOPMENT FINANCIAL, INSURANCE OR SURETY BONDING INSTI-
TUTIONS.
S 3. Subdivision 8 of section 134 of the economic development law, as
amended by chapter 840 of the laws of 1980, is amended to read as
follows:
8. initiate and encourage small-business education programs in general
and to coordinate with the functions of the office of general services[,
pursuant to subdivision (b) of section one hundred sixty-one-b of the
state finance law,] an information and outreach program directed toward
informing small-businesses in the state of procedures necessary for
competing for state purchases and to coordinate with the functions of
every state agency, department or authority described in section one
hundred thirty-nine-g of the state finance law, pursuant to subdivision
(b) of section one hundred thirty-nine-g of the state finance law, an
information and outreach program directed toward informing small-busi-
nesses in the state of procedures necessary for competing for state
contracts, INCLUDING WITHOUT LIMITATION EDUCATING SMALL CONTRACTORS
ABOUT SURETY BONDING REQUIREMENTS ON STATE CONTRACTS, AND IDENTIFYING
RESOURCES AVAILABLE TO SUCH CONTRACTORS IN OBTAINING THEIR FIRST BOND
AND IN INCREASING THEIR BONDING CAPACITY, INCLUDING BUT NOT LIMITED TO
THE FEDERAL SMALL BUSINESS ADMINISTRATION BOND GUARANTEE PROGRAM.
S 4. Section 134 of the economic development law is amended by adding
a new subdivision 11 to read as follows:
11. PROVIDE ASSISTANCE TO SMALL BUSINESS IN THE STATE, AND FACILITATE
ACCESS TO PROGRAMS SERVING SMALL BUSINESS, TO ENSURE THAT SUCH BUSI-
NESSES BENEFIT, AS NEEDED, FROM TECHNICAL, MANAGERIAL, FINANCIAL, AND
GENERAL BUSINESS ASSISTANCE; TRAINING; MARKETING; ORGANIZATION AND
PERSONNEL SKILL DEVELOPMENT; PROJECT MANAGEMENT ASSISTANCE; TECHNOLOGY
ASSISTANCE; BOND AND INSURANCE EDUCATION ASSISTANCE; AND OTHER BUSINESS
DEVELOPMENT ASSISTANCE. IN ADDITION, EITHER INDEPENDENTLY OR IN CONJUNC-
TION WITH OTHER STATE AGENCIES:
(A) DEVELOP A CLEARINGHOUSE OF INFORMATION ON PROGRAMS AND SERVICES
PROVIDED BY ENTITIES THAT MAY ASSIST SUCH BUSINESSES; AND
(B) SEEK TO MAXIMIZE UTILIZATION BY SMALL BUSINESSES OF AVAILABLE
FEDERAL RESOURCES INCLUDING BUT NOT LIMITED TO FEDERAL GRANTS, LOANS,
LOAN GUARANTEES, SURETY BONDING GUARANTEES, TECHNICAL ASSISTANCE, AND
PROGRAMS AND SERVICES OF THE FEDERAL SMALL BUSINESS ADMINISTRATION.
S 5. Subdivision 4 of section 311 of the executive law, as added by
chapter 261 of the laws of 1988, is amended to read as follows:
4. The director may provide assistance to, AND FACILITATE ACCESS TO
PROGRAMS SERVING certified businesses as well as applicants to ensure
that such businesses benefit, as needed, from technical, managerial and
financial [assistance and other business development programs], AND
GENERAL BUSINESS ASSISTANCE; TRAINING; MARKETING; ORGANIZATION AND
PERSONNEL SKILL DEVELOPMENT; PROJECT MANAGEMENT ASSISTANCE; TECHNOLOGY
ASSISTANCE; BOND AND INSURANCE EDUCATION ASSISTANCE; AND OTHER BUSINESS
A. 4097 3
DEVELOPMENT ASSISTANCE. In addition, the director may, either independ-
ently or in conjunction with other state agencies:
(a) develop a clearinghouse of information on programs and services
provided by entities that may assist such businesses; [and]
(b) review bonding and paperwork requirements imposed by contracting
agencies that may unnecessarily impede the ability of such businesses to
compete[.]; AND
(C) SEEK TO MAXIMIZE UTILIZATION BY MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES OF AVAILABLE FEDERAL RESOURCES INCLUDING BUT NOT LIMITED TO
FEDERAL GRANTS, LOANS, LOAN GUARANTEES, SURETY BONDING GUARANTEES, TECH-
NICAL ASSISTANCE, AND PROGRAMS AND SERVICES OF THE FEDERAL SMALL BUSI-
NESS ADMINISTRATION.
S 6. Subparagraph (v) of paragraph b of subdivision 3 of section 163
of the state finance law, as added by chapter 95 of the laws of 2000, is
amended to read as follows:
(v) With the assistance of the department of economic development and
other state agencies, provide a training program once per year, in each
economic development region, as established in article eleven of the
economic development law, beginning January first, two thousand one, for
those businesses certified pursuant to article fifteen-A of the execu-
tive law and those interested in becoming certified. Such training
program shall provide assistance with respect to participation as a
vendor in the procurement process, as established in this article, AND
INCLUDING WITHOUT LIMITATION EDUCATING MINORITY AND WOMEN CONTRACTORS
ABOUT SURETY BONDING REQUIREMENTS ON STATE CONTRACTS, AND IDENTIFYING
RESOURCES AVAILABLE TO SUCH CONTRACTORS IN OBTAINING THEIR FIRST BOND
AND IN INCREASING THEIR BONDING CAPACITY, INCLUDING BUT NOT LIMITED TO
THE FEDERAL SMALL BUSINESS ADMINISTRATION BOND GUARANTEE PROGRAM.
S 7. This act shall take effect immediately; provided, however, that
the amendments to subdivision 4 of section 311 of the executive law made
by section five of this act shall not affect the expiration of such
section and shall be deemed to expire therewith; provided further that
the amendment to section 163 of the state finance law made by section
six of this act shall not affect the repeal of such section and shall be
deemed to be repealed therewith; and provided further that the addi-
tional appointments required by subdivision 1 of section 120 and subdi-
vision 1 of section 133 of the economic development law, as amended by
sections one and two, respectively, of this act shall be made no later
than April 1, 2010.