2021 New York Laws
COM - Economic Development Law
Article 4-B - Division for Small-Business
134 - Powers and Duties of the Division for Small-Business.
§ 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.
