N.Y. Economic Development Law § 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.