Committee on Small Business
Mark Weprin - Chairman |
Honorable Sheldon Silver, Speaker Dear Speaker Silver: It is my pleasure to present to you the Annual Report for the Assembly Standing Committee on Small Business. Throughout the 2005 legislative session, the Committee remained dedicated to the creation of new small business enterprises, as well as the sustainability of small businesses. This desire to assist entrepreneurs led to the Committee’s support of several new initiatives. One new program which was signed into law creates the "Come Home to New York Program," which encourages the return of native New Yorkers to the State by establishing a local network of outlets designed to assist natives in returning, relocating or starting a small business. Another measure sought to create a micro business outreach center assistance program which would connect small businesses to needed information, capital and technical assistance. Additionally, the committee helped to secure $50,000 for the establishment of the Queens Women’s Business Outreach Center. The Committee also contributed to the recodification of the Empire Zone statute. The new statute created twelve new zones, requires zones to be contiguous and strengthens the accountability and reporting requirements. The Small Business Committee introduced legislation aimed at helping small businesses to comply with environmental laws and regulations. The Committee also introduced bills to enhance regulatory reform, increase capital formation and development to small businesses and small business energy assistance. As well as participating in numerous hearings and roundtables on topics such as the effectiveness and reauthorization of Article 15-A of the Executive Law, access to surety bonding on state contracts for small, minority and women-owned businesses and the examination of the Procurement Stewardship Act and procurement issues. The Committee will continue to examine the full range of issues affecting the small business workplace and its capitalization needs. We look forward to playing an active and productive role in these areas in 2006. I join with my colleagues on the Small Business Committee in commending you for your commitment and support of small business development. The Committee eagerly anticipates another session under your leadership pursuing efforts to create a healthy environment for small businesses to prosper in New York State.
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2005
NEW YORK STATE ASEMBLY
Mark S. Weprin Committee Members |
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Majority Joan K. Christensen David Koon Joan L. Millman Carl E. Heastie Jose Rivera Adam Clayton Powell IV Michele R. Titus Annette Robinson Jimmy K. Meng Mark J. Schroeder |
Minority Bill Reilich Jack Quinn Michael J. Fitzpatrick |
Staff Ernest Amabile, Legislative Coordinator Yolanda J. Bostic, Legislative Analyst Teri Kleinmann, Associate Counsel Darlene Mullally, Legislative Director/Committee Clerk Benita Leigh-Lewis, Committee Assistant |
TABLE OF CONTENTS |
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I. INTRODUCTION |
The New York small business sector continues to prove itself the driving force in the State’s economy. Small businesses are defined in State law as those employing one hundred or fewer people. This includes over one million businesses in New York State comprising 99% of the State’s businesses and employing over 55% of the State’s workforce. These companies often need help in advancing to a level of profitability where they can move forward and create jobs. Small businesses that fail to grow often are unable to gain access to needed capital and other means of assistance. The Small Business Committee believes that the State must focus more attention on the sector of the business community that creates nearly eight out of every ten jobs. Minority and women-owned businesses has become the fastest growing segment among entrepreneurs, and those populations are well represented in New York. In addition, a surprising number of home-based businesses have also appeared in recent years, causing some economists to conclude that very small businesses (those comprising of ten or fewer employees) are increasingly becoming major players in the State’s economy. It is estimated that four out of every five small businesses (81%) in New York have fewer than ten employees, and nearly two-thirds (65%) have fewer than five employees, which now is called a micro-enterprise. The importance of these small ventures cannot be overstated: by testing new ideas, products, and processes, they are re-inventing New York State’s future in the global marketplace. |
II. COMMITTEE JURISDICTION AND ACTIVITY |
New York State statutes affected by legislation before the Small Business Committee include the Banking Law, Economic Development Law, State Finance Law, Public Authorities Law, Labor Law, and the Civil Practice Law & Rules. Although the Committee’s areas of concern are wide-ranging, many bills that affect small business are integrally related to the jurisdictions of other Assembly committees. As a result, many small business issues, such as changes in taxation, economic development programs, insurance, State agencies regulatory practices, and employee benefit programs, are not directly within the jurisdiction of the Small Business Committee. These and many other issues of importance to small businesses are referred to other Assembly committees which have direct jurisdiction over such subjects. They include the Committees on Economic Development, Job Creation, Commerce & Industry; Banks; Labor; Insurance; Governmental Operations; and Ways and Means. The Small Business Committee remains involved by working closely with these committees. The Committee also works closely with a number of Sate agencies and public authorities to ensure that they are serving the needs of the small business community, including the Department of Economic Development (DED), the New York Office of Science, Technology and Academic Research (NYSTAR) (formerly known as the Science and Technology Foundation), the Job Development Authority (JDA), the Empire State Development Corporation (ESDC), and the Urban Development Corporation (UDC--a public authority of ESDC), which are the State’s chief economic development entities. The committee also oversees the work of the State University of New York in administering the Small Business Development Centers (SBDC) Program. During the 2005 Legislation Session, the Standing Committee on Small Business reported 16 bills favorably. A total of 13 passed the Assembly that originated in the Small Business Committee and 3 were signed into law by the Governor. In addition, a number of bills that were of importance to small firms but were referred to other committees became law with the assistance and input of the Small Business Committee. The Committee will continue to be active in Assembly and State efforts to advance the needs of small businesses, while also advocating reforms to improve New York State’s business climate. |
III. 2005-2006 SMALL BUSINESS BUDGET OUTCOME |
The Assembly fought for key initiatives to boost New York’s economy and create jobs and opportunities for small businesses and entrepreneurs. The following are budget highlights that impact small businesses in New York State. PROGRAMMATIC ISSUES
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IV. MAJOR ISSUES OF 2005 |
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V. OUTLOOK FOR 2006 |
The Small Business Committee is determined to address the future needs of small businesses, making New York a supportive environment for their growth. Issues of capital access, health insurance, small business taxation, export assistance, minority and women-owned business expansion and skilled workforce expansion, energy assistance, veteran's business assistance, regulatory reform and immigrant business assistance are priorities of the Committee. By understanding the needs of small businesses and how their interaction with State government may assist small business growth, we will be better able to make New York a place where small businesses will prosper. Small businesses account for over 99% of businesses in New York State and employ 55% of the State’s workforce. While small businesses are the backbone of the State's economy, the current administration allocates only 14% of its entire economic development budget to helping small businesses. Due to the impact on the workforce of New York, it is extremely important that small businesses and government work together to ensure that New York has a highly trained workforce. The Small Business Committee will continue to investigate ways to train skilled workers. Finding new ways to provide money for small business expansion and providing access to capital for new business start-ups will again be a priority for the Committee. Providing small businesses with relief from unnecessary or burdensome regulations and fees will be addressed by the Committee in the upcoming Legislative Session. The Committee will also work to strengthen the ability of local communities to attract and increase small businesses, particularly in older downtown areas, business districts, minority and immigrant communities. In addition, the Committee is determined to connect New York’s academic environment with the small business community. By providing ways for small businesses to increase their research and development capabilities, New York’s economy will become one of the world's finest and most productive economies. The Small Business Committee is eagerly awaiting the upcoming year with new ideas and new ambition. We are well on our way to ensuring prosperity for New York’s small business sector. |
APPENDIX A
Summary of Action on All Bills SMALL BUSINESS |
Final Action |
Assembly Bills |
Senate Bills |
Total |
Bills Reported With or Without Amendment | |||
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15 | 0 | 15 |
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1 | 0 | 1 |
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16 | 0 | 16 |
Bills Defeated in Committee | |||
Bills Never Reported, Held in Committee | 7 | 0 | 7 |
Bills Never Reported, Died in Committee | |||
Bills Having Enacting Clauses Stricken | |||
Motions to Discharge Lost | |||
Total Bills in Committee | 23 | 23 | |
Total number of committee meetings held | 6 |
APPENDIX B
FINAL ACTION ON BILLS REFERRED TO THE SMALL BUSINESS COMMITTEE |
Assembly Bill # | Senate Bill # | Final Action | Description |
A.262 Destito |
Passed Assembly |
Directs DED to assist small businesses through the Industrial Effectiveness Program in obtaining technical as well as financial assistance for pollution prevention and environmental compliance for any State or Federal environmental law, rule or regulation. | |
A.2657 Destito |
Passed Assembly |
Relates to financial assistance to small businesses for the purpose of environmental compliance and pollution prevention. | |
A.2806 Destito |
Referred to Small Business Committee | Establishes the Small Business Environmental Compliance Fund for the purpose of assisting small businesses in complying with the Federal Clean Air Act, the State Clean Air Compliance Act of 1993, the Federal Clean Water Ace & the State’s Industrial Hazardous Waste Management statute. | |
A.3136 Crouch |
Referred to Small Business Committee | Directs DED to study methods for keeping small retail businesses within the state and creates a pilot program to train and counsel small business owners and potential small business owners. | |
A.3209 Schimminger |
S.445 Larkin |
Ordered to 3rd reading on calendar | Includes eligible businesses in certain areas designated under the Community Renewal Tax Relief Act of 2000 in the Excelsior Linked Deposit Program. |
A.3443 Schimminger |
Passed Assembly |
Recodifies the Small Business Innovation Research (SBIR) program within the New York State Office of Science, Technology and Academic Research (NYSTAR). | |
A.3717 Cook |
Passed Assembly |
Establishes a kitchen incubator/shared-use kitchen facility program within the Urban Development Corporation. | |
A.4169 Towns |
Referred to Small Business Committee | Establishes the Office for Small Business under the Executive Law. | |
A.4970 Sweeney |
S.2849 Marchi |
Passed Assembly |
Authorizes credit unions to participate in the Excelsior Linked Deposit Program and raises the limit on the amount permitted to be on deposit at any given time. |
A.6279 Towns |
Ordered 3rd reading on calendar | Creates the niche market assistance project for small businesses to identify and develop niche markets for their products in competitive environments. | |
A.6332 Christensen |
Passed Assembly |
Provides for regional offices to offer information and assistance to small businesses in environmental compliance and pollution prevention. | |
A.6431 Magnarelli |
Passed Assembly |
Provides grants to small businesses and research institutions to translate discoveries and inventions into commercially viable products in New York State. | |
A.6704 Weprin |
S.4063 Padavan |
Passed Assembly |
Creates the Micro Business Outreach Center Assistance Program and Micro Business Outreach Center. |
A.6758-A Cohen, A. |
Passed Assembly |
Provides small businesses with grants to commercialize energy and environmental technology innovations in-state. | |
A.6923 Rivera |
Referred to Small Business Committee. | Authorizes excelsior linked deposits and loans to be made to a series of eligible businesses. | |
A.7840 Lafayette |
Referred to Small Business Committee | Would create a system of individual accounts with the Linked Deposit Program. | |
A.8352 Weprin |
Passed Assembly |
Provides zero and low interest loans or loan interest rate reduction for energy improvement projects to stimulate the growth and development of small businesses and jobs. | |
A.8429 Klein |
S.3334 Spano |
Passed Assembly |
Requires deferred installment payment plan be offered to small businesses for telephone service installation, initiation and nonrecurring maintenance charges. |
A.8506 Weprin |
S.2829 Flanagan |
Chapter 756 | Relates to creating the "Come Home to New York" program to encourage the return of native New Yorkers to the state through a local assistance network. |
A.8633 Weprin |
S.5633 Alesi |
Chapter 283 | This law relates to the duties of the Small Business Advisory Board; requires such board to report to the commission, the governor and the Legislature recommending cost-effective ways to simplify access to State Government for Small Business. |
A.8634 Weprin |
S.5632 Alesi |
Chapter 637 | This law requires the Governor’s Office of Regulatory Reform to examine the impact of proposed regulations on small businesses. |
A.9036 Weprin (Rules) |
Referred to Small Business Committee | Relates to establishing the small business insurance pool to provide state-negotiated health insurance to qualified small businesses. | |
A.9070 Millman (Rules) |
Referred to Small Business Committee | Expands the membership of small-business and minority and women-owned business advisory boards. |
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