NY State Senate Bill 2019-S7939

Senate Bill S7939

2019-2020 Legislative Session

Directs the office for the aging and the department of economic development to expand encore entrepreneurship in the state, to empower individuals fifty years of age or older to establish small businesses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Aging 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
Mar 04, 2020	referred to aging

2019-S7939 (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Elder Law
Laws Affected:: Amd §202, El L; amd §134, Ec Dev L

2019-S7939 (ACTIVE) - Summary

2019-S7939 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7939

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the elder law and the economic development law, in
relation to encore entrepreneurship

 
PURPOSE:

This bill directs the Office for the Aging and the Department of Econom-
ic Development to expand encore entrepreneurship in the state, to
empower individuals fifty years of age or older to establish first time
small businesses.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 17 to section 202 of the elder law to
ask the Office for the Aging, in coordination with the Department of
Economic Development, to establish a task force to make recommendations
to the governor and the legislature to empower individuals fifty years

of age and older in establishing small businesses. Establishes a defi-
nition of encore entrepreneur as a person fifty years of age or older
who is starting a small business for the first time.

Section 2 adds a new subdivision 13 to section 134 of the economic
development law to require that the Division of Small Business establish
a program to provide education and training specific to the unique needs
of encore entrepreneurs as defined in section 1 and that addresses their
unique issues. Establishes a definition of encore entrepreneur as a
person fifty years of age or older who is starting a small business for
the first time.

Section 3 establishes the effective date.

 
JUSTIFICATION:

While entrepreneurship commonly is viewed as young people's pursuit,
survey data in recent years shows a growing trend among those aged 50
and older of starting their own business or entrepreneurial venture.  In
fact, the Ewing Marion Kauffman Foundation in 2014 found the same
percentage of new businesses were started by older entrepreneurs-those
age 60 and up-as by those between 18 and 29. The Kauffman Foundation
also reports that over the last two decades, the share of new entrepre-
neurs between 55 and 64 nationwide increased more than for any other age
range; this share of new entrepreneurs in this age group grew from less
than 15 percent in 1996 to more than 25 percent in 2016. In New York
City alone, chambers of commerce and other groups that work with aspir-
ing business owners report that city residents over age 50 have grown
from a very small slice of their clientele to one-quarter or more.

Seniors who start their own businesses often have several advantages
over their younger counterparts, including significant years of work
experience and deep networks. Their start-ups create new jobs, open up
previously held jobs to younger applicants, boost the economy and gener-
ate new tax revenue. Studies show "encore entrepreneurship" also can
promote good health and delay the need for seniors to tap into tax-fund-
ed social support systems. As our population statewide continues to age,
the trend toward encore entrepreneurship will likely become even more
pronounced. Yet no formal programs or services are in place to support
aspiring senior entrepreneurs' unique needs, which can range from the
most basic "how-tos" to expanded technology skill sets.

This bill will make New York a leader in supporting encore entrepre-
neurs. It would bring together the NYS Office for the Aging and Empire
State Development to implement innovative programming and information to
support this growing population of small business owners. First, it asks
SOFA and ESD to create a task force made up of economic development
professionals, small business support specialists, senior citizens
organizations, and successful entrepreneurs to develop recommendations
for the governor and legislature. Second, it requires ESD's Division of
Small Business to initiate and implement a program to provide education
and training specific to the unique needs of encore entrepreneurs to
help their successful transition into their new enterprise.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
90 days after becoming law.

2019-S7939 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7939
 
                             I N  S E N A T E
 
                               March 4, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the elder law  and  the  economic  development  law,  in
   relation to encore entrepreneurship
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 15 and 16 of section 202  of  the  elder  law,
 subdivision  15  as  amended by section 31-b of part AA of chapter 56 of
 the laws of 2019 and subdivision 16 as added by chapter 455 of the  laws
 of  2016,  are  amended  and  a  new  subdivision 17 is added to read as
 follows:
   15. to periodically, in consultation with the state director of veter-
 ans' services, review the programs operated by the office to ensure that
 the needs of the state's aging veteran population are being met  and  to
 develop improvements to programs to meet such needs; [and]
   16.  to  the  extent appropriations are available, and in consultation
 with the office of children and family services, conduct a public educa-
 tion campaign that  emphasizes  zero-tolerance  for  elder  abuse.  Such
 campaign shall include information about the signs and symptoms of elder
 abuse,  identification  of  potential  causes  of elder abuse, resources
 available to assist in the prevention of elder  abuse,  where  suspected
 elder  abuse  can be reported, contact information for programs offering
 services to victims of elder abuse such as  counseling,  and  assistance
 with arranging personal care and shelter. Such campaign may include, but
 not  be  limited  to:  printed  educational and informational materials;
 audio, video, electronic, other media; and public service  announcements
 or advertisements[.]; AND
   17.  TO,  IN  COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
 MAKE RECOMMENDATIONS TO THE GOVERNOR AND LEGISLATURE ON EXPANDING ENCORE
 ENTREPRENEURSHIP IN THE STATE, TO EMPOWER INDIVIDUALS FIFTY YEARS OF AGE
 OR OLDER TO ESTABLISH SMALL BUSINESSES. THE DIRECTOR AND  THE  PRESIDENT
 OF  EMPIRE  STATE  DEVELOPMENT  SHALL ESTABLISH AN ADVISORY COMMITTEE TO
 CARRY OUT THE PROVISIONS  OF  THIS  SUBDIVISION.  SUCH  COMMITTEE  SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED  TO, ECONOMIC DEVELOPMENT PROFESSIONALS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10777-02-0

 S. 7939                             2
 
 SMALL BUSINESS SUPPORT SPECIALISTS, SENIOR CITIZENS  ORGANIZATIONS,  AND
 SUCCESSFUL  ENCORE  ENTREPRENEURS.  FOR PURPOSES OF THIS SUBDIVISION THE
 TERM "ENCORE ENTREPRENEUR" SHALL MEAN A PERSON FIFTY  YEARS  OF  AGE  OR
 OLDER  WHO IS STARTING A SMALL BUSINESS FOR THE FIRST TIME, AND THE TERM
 "SMALL BUSINESS" SHALL MEAN A BUSINESS THAT IS LOCATED WITHIN THE STATE,
 INDEPENDENTLY OWNED  AND  OPERATED  AND  EMPLOYS  NOT  MORE  THAN  FIFTY
 PERSONS.
   §  2. Section 134 of the economic development law is amended by adding
 a new subdivision 13 to read as follows:
   13. INITIATE AND IMPLEMENT A PROGRAM TO PROVIDE EDUCATION AND TRAINING
 SPECIFIC TO THE NEEDS OF INDIVIDUALS FIFTY YEARS OF AGE OR OLDER REGARD-
 ING THE TRANSITION FROM A CURRENT JOB, RETIREMENT OR OTHER  LIFE  STATUS
 TO  AN  ENCORE  ENTREPRENEUR  AND SMALL BUSINESS DEVELOPER. SUCH PROGRAM
 SHALL ADDRESS THE UNIQUE ISSUES FACED BY SUCH ENTREPRENEURS AND IDENTIFY
 AND DISSEMINATE HELPFUL AND RELEVANT INFORMATION AND RESOURCES TO ASSIST
 SUCH INDIVIDUALS WITH SUCH TRANSITION. FOR PURPOSES OF THIS  SUBDIVISION
 THE TERM "ENCORE ENTREPRENEUR" SHALL MEAN A PERSON FIFTY YEARS OF AGE OR
 OLDER  WHO IS STARTING A SMALL BUSINESS FOR THE FIRST TIME, AND THE TERM
 "SMALL BUSINESS" SHALL MEAN A BUSINESS THAT IS LOCATED WITHIN THE STATE,
 INDEPENDENTLY OWNED  AND  OPERATED  AND  EMPLOYS  NOT  MORE  THAN  FIFTY
 PERSONS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

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