Add §139-a, Ec Dev L; amd §16-m, UDC Act; amd §837, Exec L
Establishes the small business crime prevention services program to provide small businesses with information on strategies, best practices and programs offering training and assistance in prevention of crimes in and around the premises of small businesses or otherwise affecting small businesses, including but not limited to: assault, arson and other violent felony offenses; robbery, burglary, theft, identity theft counterfeiting, check and credit card fraud and other fraud; and vandalism, graffiti and other property damage; provides that information on eligibility and applications for financial assistance be made available to small businesses; authorizes the New York state urban development corporation to provide loans, loan guarantees, interest subsidies and grants to small businesses, municipalities, not-for-profit corporations or other organizations for the purpose of preventing crimes against small businesses or on the premises or in the vicinity of small businesses; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8116
SPONSOR: Solages TITLE OF BILL:
An act to amend the economic development law, the New York state urban
development corporation act and the executive law, in relation to small
business crime prevention services
PURPOSE:
This bill will improve New York's business climate by creating a program
of small business crime prevention services and assistance.
SUMMARY:
Section 1. Amends the economic development law by adding a new section
139-a.
Section 2. Amends paragraph (n) of subdivision 1 of section 16-m of
section 1 of chapter 174 of the laws of 1968, constituting the New York
state urban development corporation act, as added by chapter 298 of the
laws of 2012, and a new paragraph (o) is added.
Section 3. Amends section 837 of the executive law by adding subdivision
23. Section 4. Sets the effective date.
JUSTIFICATION:
It is often said that "an ounce of prevention is worth a pound of cure"
and that is clearly the case when dealing with crime. The costs of crime
are substantial, and are not only paid by the victims. Crimes against
small businesses in New York's communities deprive the State of millions
of dollars in sales and income tax revenue, and can cause small busi-
nesses to shut down, leading to a spiral of neighborhood decay.
Unlike larger businesses, small businesses often lack the resources to
organize and implement an effective crime prevention strategy on their
own. There are effective measures, including Business Watch and Fleet
Watch programs (usually run jointly by Chambers of Commerce and police
agencies), lighting and other security enhancements, and training
programs that can be effective in reducing crime in New York's main
streets and other small commercial areas. However, often such initi-
atives require effective promotion and, in some cases, seed money. This
bill, which is modeled in part on successful similar programs in Austra-
lia, would provide the organizational and financial resources needed to
deliver cost-effective crime prevention programs to. New York's small
businesses, to the benefit of the wider community.
RACIAL JUSTICE IMPACT:
TBD.
GENDER JUSTICE IMPACT:
TBD.
LEGISLATIVE HISTORY:
2021-22: A10295; referred to small business.
2019-20: A2946; vetoed.
2017-18: A6651A; referred to small business.
2015-16: A2302; passed Assembly.
2013-14: A6931; passed Assembly.
FISCAL IMPLICATIONS:
Any additional resources needed for the Division for Small Business are
expected to be offset by the economic benefits of crime prevention,
including the prevention of direct economic losses to the State through
lower sales tax and income tax collections and the higher costs criminal
activities create for law enforcement and courts. The funding of small
business crime prevention assistance would be through the Empire State
economic development fund (EDF), a multipurpose fund providing grants,
loans and other aid to meet various communities' needs. The funding
level provided for EDF purposes varies from year to year and is deter-
mined as part of the budget process. Local governments would stand to
benefit directly, as recipients of small business crime prevention
assistance, as well as through the increased tax revenues resulting from
more effective crime prevention.
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law; provided, however, that the
department of economic development, the New York state urban development
corporation and the division of criminal justice services shall be imme-
diately authorized to take any and all actions necessary to fully imple-
ment the provisions of this act on such date; and further provided that
the amendments to section 16-m of the urban development corporation act
made by section two of this act shall not affect the expiration of such
section and shall be deemed to expire therewith.
STATE OF NEW YORK
________________________________________________________________________
8116
2023-2024 Regular Sessions
IN ASSEMBLY
October 13, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Small Business
AN ACT to amend the economic development law, the New York state urban
development corporation act and the executive law, in relation to
small business crime prevention services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The economic development law is amended by adding a new
2 section 139-a to read as follows:
3 § 139-a. Small business crime prevention services program. 1. There
4 is hereby established within the division a small business crime
5 prevention services program.
6 2. The small business crime prevention services program, directly and
7 in conjunction with other divisions of the department and with other
8 agencies of the state, federal agencies or local governments, shall
9 provide small businesses with access to the following services:
10 (a) information on strategies, best practices and programs offering
11 training and assistance in prevention of crimes in and around the prem-
12 ises of small businesses or otherwise affecting small businesses,
13 including but not limited to: assault, arson and other violent felony
14 offenses; robbery, burglary, theft, identity theft, counterfeiting,
15 check and credit card fraud and other fraud; and vandalism, graffiti and
16 other property damage;
17 (b) information on eligibility and applications for financial assist-
18 ance for small business crime prevention services under paragraph (o) of
19 subdivision one of section sixteen-m of section one of chapter one
20 hundred seventy-four of the laws of nineteen hundred sixty-eight;
21 (c) information on eligibility and applications for other programs of
22 financial assistance for small business crime prevention that may from
23 time to time be available from the department or other agencies of the
24 state, federal agencies or local governments;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01755-01-3
A. 8116 2
1 (d) information on protecting the assets of small businesses from
2 crime, including risk reduction strategies and insurance availability;
3 and
4 (e) information on responses to crime, including reporting of crimes,
5 submitting insurance claims and crime victim assistance programs.
6 3. The small business crime prevention services program shall, with
7 the assistance of the small business advisory board and other appropri-
8 ate state agencies, identify issues relating to crime affecting small
9 businesses and assist the advisory board and the division in making
10 recommendations for legislative, regulatory and programmatic actions to
11 address such issues.
12 § 2. Paragraph (n) of subdivision 1 of section 16-m of section 1 of
13 chapter 174 of the laws of 1968, constituting the New York state urban
14 development corporation act, as added by chapter 298 of the laws of
15 2012, is amended and a new paragraph (o) is added to read as follows:
16 (n) Loans, loan guarantees, interest subsidies and grants to busi-
17 nesses, municipalities, industrial development agencies and local and
18 regional economic development corporations, not-for-profit corporations,
19 business improvement districts, regional marketing authorities and agri-
20 cultural cooperatives organized pursuant to the cooperative corporations
21 law, and other entities for the construction, reconstruction, improve-
22 ment, expansion or rehabilitation of wholesale regional farmers' markets
23 or food hubs that facilitate the sale and promotion of farm products
24 grown or produced in New York state.
25 For the purposes of this paragraph a wholesale regional farmers'
26 market or food hub is a market, business or organization that actively
27 manages the aggregation, distribution and marketing of source-identified
28 food products primarily from local or regional producers to satisfy
29 wholesale, retail and institutional demand for such products[.]; and
30 (o) Loans, loan guarantees, interest subsidies and grants to small
31 businesses, municipalities, not-for-profit corporations or other organ-
32 izations for the purpose of preventing crimes against small businesses
33 or on the premises or in the vicinity of small businesses, including
34 such activities as initiating or maintaining business watch programs,
35 installation of lighting, security equipment and other physical improve-
36 ments to prevent or deter criminal activities, and the development and
37 dissemination of information to owners, operators and employees of small
38 businesses on effective crime prevention strategies. Preference in
39 awarding assistance pursuant to this paragraph shall be given to
40 projects that will benefit distressed areas or other areas with a demon-
41 strated need based on crime statistics, projects that provide a local or
42 private-sector match, and projects that demonstrate a likelihood of
43 positive impact on crime prevention. The division of criminal justice
44 services shall provide assistance in the development of the program of
45 small business crime prevention assistance.
46 § 3. Section 837 of the executive law is amended by adding a new
47 subdivision 24 to read as follows:
48 24. Provide advice and assistance to the division for small business
49 in developing and operating a program of small business crime prevention
50 services pursuant to section one hundred thirty-nine-a of the economic
51 development law, and provide advice and assistance to the urban develop-
52 ment corporation in the development of the program of small business
53 crime prevention assistance pursuant to paragraph (o) of subdivision one
54 of section sixteen-m of section one of chapter one hundred seventy-four
55 of the laws of nineteen hundred sixty-eight.
A. 8116 3
1 § 4. This act shall take effect on the first of April next succeeding
2 the date on which it shall have become a law; provided, however, that
3 the department of economic development, the New York state urban devel-
4 opment corporation and the division of criminal justice services shall
5 be immediately authorized to take any and all actions necessary to fully
6 implement the provisions of this act on such date; and further provided
7 that the amendments to section 16-m of the urban development corporation
8 act made by section two of this act shall not affect the expiration of
9 such section and shall be deemed to expire therewith.
