§ 134. Powers and duties of the division for small-business. The
division shall have the power and duty to:

1. coordinate the activities of all state agencies performing
functions affecting the operation of small-businesses in the state;

2. receive complaints of operators of small-businesses and refer them
to the appropriate federal, state or local agency authorized by law for
appropriate action on such complaints;

3. advise and make recommendations to the commissioner on matters
affecting the small-businesses of the state and promote and encourage
the protection of the legitimate interests of small-businesses within
the state;

4. conduct investigations, research, studies and analyses of matters
affecting the interests of small-businesses;

5. represent the interests of small-businesses in the state before
federal, state and local administrative and regulatory agencies;

6. study the operation of the laws affecting small-businesses and
recommend to the commissioner new laws and amendments of laws for the
benefit of small-businesses;

7. review pending legislation affecting small-businesses and report
its findings to the commissioner; and

8. initiate and encourage small-business education programs in general
and to coordinate with the functions of the office of general services
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-businesses 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.

9. the commissioner and the commissioners of agriculture and markets
and the office of general services shall initiate and encourage
small-business education programs and 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 eligible businesses in the
state of procedures necessary for competing for purchases of food
products pursuant to section one hundred seventy-four-a of the state
finance law and subdivision eight-a of section one hundred three of the
general municipal law, and to coordinate with the functions of every
state agency or department described in subdivision (b) of section one
hundred thirty-nine-g of the state finance law, an information and
outreach program directed toward informing eligible businesses in the
state of procedures necessary for competing for contracts for the
purchase of food products pursuant to section one hundred seventy-four-a
of the state finance law and subdivision eight-a of section one hundred
three of the general municipal law.

10. conduct a survey of all business incubators in the state and
assess the need for additional incubator facilities to nurture the
growth and development of small businesses.

11. provide assistance to small business in the state, and facilitate
access to programs serving small business, to ensure that such
businesses 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; online marketplace
lending awareness and assistance; and other business development
assistance. In addition, either independently 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;

(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; and

(c) develop and implement, in conjunction with the department of
financial services, a small business online marketplace lending
education and outreach campaign to educate businesses in plain-language
as to the true costs associated with obtaining loans from online
marketplace lenders including true and up-front transparent pricing and
terms, the disclosure of annualized percentage rates, interest rates,
fees and charges; disclosure of terms for repayment, early repayment,
and refinancing of a loan and any penalties that may be applied; and any
other information that is deemed necessary by the department of economic
development. The department of economic development shall develop and
implement a plan to distribute such information to small business
owners, including but not limited to, printed material, publication on
the internet and through coordination with other state entities that
routinely interact with small businesses in this state. The department
of economic development shall make translations of all educational
materials available in languages other than English, including the six
most common non-English languages spoken by individuals in this state.

12. compile an annual report on the state of small businesses,
particularly those with twenty-five employees or less which shall be
known as micro-businesses under this subdivision. The commissioner
shall, on or before June first, two thousand fourteen and annually
thereafter, submit to the governor, the temporary president of the
senate and the speaker of the assembly a report that shall include, but
not be limited to, the following information for each calendar year:

(a) the growth and economic trends of small businesses which may be
categorized by various small business sizes and/or sectors;

(b) an analysis of relevant and available employment, statistical and
economic data of the various small business sectors throughout New York
state, which may be categorized by various small business sizes;

(c) suggestions to improve the efficiency of existing loan programs;

(d) suggestions to improve small business growth;

(e) statistical and economic analysis of the state of small businesses
by various small business sizes and/or sectors; and

(f) identification and review of the local and state regulations,
fines and penalties particular to small businesses which may be
categorized by various small business sizes and/or sectors.

The division shall collaborate with other state and local agencies to
develop the annual report. The office shall maintain and publish such
information on the small business directory webpage in a manner that
allows individuals to search the report by name, date, or type of
statistics. The format of the annual report shall be developed in
consultation with various small business owners to ensure the
information collected, analyzed, and published for the purposes of this
subdivision is representative of all small businesses in the state.