BILL NO A08513
SAME AS SAME AS S05997-A
SPONSOR Scarborough
COSPNSR Clark, Cook, Perry, Robinson
MLTSPNSR Crespo, Markey, Rivera
Add S16-w, UDC Act
Enacts the HIRE NY act to provide zero interest loans through the urban
development corporation for hiring by micro-businesses; appropriates
$20,000,000 therefor.
BILL NUMBER:A8513
TITLE OF BILL: An act to amend the New York state urban development
corporation act, in relation to enacting the HIRE NY act; and making
an appropriation therefor
PURPOSE:;
To provide zero interest loans to businesses with less than 5
employees to hire New York residents. To grow small businesses and get
New Yorkers hired.
SUMMARY OF PROVISIONS:
Economy New York Act." Or the "HIRE NY Act'
Section 2 of this bill amends section 1 of chapter 174 of the laws of
1968, constituting the New York State urban development corporation
act by adding a new section 16-w. Subpart I sets out the legislative
intent. Subpart 2 set out definitions. Subpart 3 establishes the hire
New York fund and outlines its purposes. Subpart 4 sets for the loan
application process. Subpart 5 establishes an application fee. Subpart
sets forth the loan terms. Subpart 9 sets forth that a micro-business
may utilize funds only for salary of micro-business aualifying new
hire. Subpart 10 gives the corporation authorization to establish an
advisory committee. Subpart 11 outlines the corporation's reporting
requirements. Subpart 12 authorizes the corporation to promulgate
rules and regulations required to fulfill the purposes of this act.
Section 3 appropriates twenty million dollars ($20,000.000) to the
urban development corporation out of the monies in the general fund
for the hire New York fund.
Section 4 sets out that it shall take effect immediately.
JUSTIFICATION:
There are far too many unemployed New Yorkers and as a result New
York's economy is suffering. Getting unemployed.New Yorkers back to
work is the key to New York's future economic development. At the same
time, start-ups and businesses with less than 5 employees lack the
access to capital required to hire new employees. Unfortunately, New
York's current economic incentives fail to target these businesses
because most of them lack taxable income to take advantage of the
available tax credits, which make up a substantial portion of the
state's economic development incentives.
So while micro-businesses are the backbones of our communities and the
engines of tomorrow's economy we are failing to provide them with the
appropriate support so that they can spur significant job creation
across the state. To get people back to work, we need to offer
economic incentives that provide capital to micro-businesses for their
use in hiring new employees, instead of relying almost entirely on tax
credits that amount to feel good measures and cannot actually be used
by the businesses we are intending to help.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
This bill would transfer twenty million dollars ($20,000,000.00) from
the general fund to the urban development corporation to establish the
hire New York fund. Loan funds that create jobs would result in
increased state revenues from income taxes. In addition, revenue
growth experienced by participating businesses would translate into
increased state revenue.
EFFECTIVE DATE:
This act shall take effect immediately
S T A T E O F N E W Y O R K
________________________________________________________________________
8513
I N A S S E M B L Y
January 21, 2014
___________
Introduced by M. of A. SCARBOROUGH -- read once and referred to the
Committee on Small Business
AN ACT to amend the New York state urban development corporation act, in
relation to enacting the HIRE NY act; and making an appropriation
therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "hire indi-
2 viduals in the real economy New York (HIRE NY) act".
3 S 2. Section 1 of chapter 174 of the laws of 1968, constituting the
4 New York state urban development corporation act, is amended by adding a
5 new section 16-w to read as follows:
6 S 16-W. THE HIRE NEW YORK PROGRAM. 1. LEGISLATIVE INTENT. THE LEGISLA-
7 TURE HEREBY FINDS THAT MICRO-BUSINESSES ARE THE ENGINES OF OUR ECONOMY
8 AND ARE VITAL TO THE REVITALIZATION OF COMMUNITIES AND NEIGHBORHOODS
9 THROUGHOUT THE STATE. THE LEGISLATURE FURTHER FINDS THAT CURRENT LAW
10 FAILS TO MOTIVATE PEOPLE TO START OR EXPAND BUSINESSES. THE LEGISLATURE
11 FINDS THAT IT IS IMPORTANT TO SPUR START-UP MICRO-BUSINESSES THAT HAVE
12 THE POTENTIAL TO BECOME THE JOB ENGINES FOR TOMORROW'S ECONOMY. THE
13 LEGISLATURE FURTHER FINDS INVESTMENTS IN ECONOMIC DEVELOPMENT FAIL TO
14 PROVIDE ANY FUNDING TO MICRO-BUSINESSES. THE LEGISLATURE FURTHER FINDS
15 THAT SMALL MICRO-BUSINESSES WITH THE PROPER INCENTIVES ARE POISED TO
16 PROVIDE SIGNIFICANT LOCAL JOB CREATION ACROSS THE STATE. THE LEGISLATURE
17 FURTHER FINDS THAT TAX CREDITS ARE NOT AN EFFECTIVE JOB CREATION INCEN-
18 TIVE FOR MICRO-BUSINESSES BECAUSE MANY OF THESE BUSINESSES LACK THE
19 INCOME THAT MAKES A TAX CREDIT MEANINGFUL. THE LEGISLATURE FURTHER FINDS
20 THAT CREATION OF A STATEWIDE HIRE NEW YORK FUND WILL PROVIDE THE NEEDED
21 CAPITAL FOR THE BUSINESSES OF TOMORROW TO GROW AND EMPLOY MORE NEW YORK-
22 ERS.
23 2. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
24 HAVE THE MEANINGS INDICATED:
25 (A) "FUND" MEANS THE HIRE NEW YORK FUND AS ESTABLISHED BY SUBDIVISION
26 THREE OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13164-03-4
A. 8513 2
1 (B) "LOCAL JOB" MEANS A JOB FILLED BY AN EMPLOYEE THAT RESIDES WITHIN
2 THE SAME OR AN ADJACENT COUNTY AS THE APPLICANT'S PLACE OF BUSINESS.
3 FOR THE PURPOSES OF THIS PARAGRAPH, FOR THE CITY OF NEW YORK, THE ADJA-
4 CENT COUNTIES SHALL BE DEEMED TO BE NASSAU, SUFFOLK, ROCKLAND AND WEST-
5 CHESTER.
6 (C) "MICRO-BUSINESS" MEANS A BUSINESS WITH FEWER THAN FIVE EMPLOYEES.
7 A BUSINESS THAT IS OWNED IN ANY PORTION BY ANOTHER BUSINESS ENTITY SHALL
8 NOT QUALIFY AS A "MICRO-BUSINESS."
9 (D) "MICRO-BUSINESS QUALIFYING NEW HIRE" MEANS EITHER A NEW FULL-TIME
10 WAGE-PAYING JOB OR THE EQUIVALENT OF A FULL-TIME WAGE-PAYING JOB REQUIR-
11 ING AT LEAST THIRTY-FIVE HOURS PER WEEK AND IS FILLED FOR ONE YEAR. A
12 MICRO-BUSINESS QUALIFYING NEW HIRE SHALL NOT BE:
13 (I) AN EMPLOYEE WHO HAS BEEN TRANSFERRED FROM EMPLOYMENT WITH ANOTHER
14 BUSINESS LOCATED IN THIS STATE, THROUGH AN ACQUISITION, MERGER, CONSOL-
15 IDATION OR OTHER REORGANIZATION OF BUSINESSES OR THE ACQUISITION OF
16 ASSETS OF ANOTHER BUSINESS, OR
17 (II) AN EMPLOYEE WHO HAS BEEN TRANSFERRED FROM EMPLOYMENT WITH A
18 RELATED PERSON OR BUSINESS ENTITY, OR
19 (III) AN EMPLOYEE WHO IS HIRED TO FILL A CURRENTLY EXISTING POSITION
20 THAT RESULTS FROM A TERMINATION OR DEPARTURE OF A PREVIOUS EMPLOYEE, OR
21 (IV) A TEMPORARY OR PART-TIME EMPLOYEE.
22 3. ESTABLISHMENT AND PURPOSES. THE CORPORATION SHALL ESTABLISH A FUND
23 TO BE KNOWN AS THE "HIRE NEW YORK FUND" AND SHALL PAY INTO SUCH FUND ANY
24 MONIES MADE AVAILABLE TO THE CORPORATION FOR SUCH FUND FROM ANY SOURCE.
25 THE FUND SHALL CONSIST OF SUCH AMOUNTS AS MAY BE APPROPRIATED, ANY
26 REPAYMENT OF THE PRINCIPAL AMOUNT OF ANY LOAN MADE FROM THE FUND, AND
27 ANY INTEREST EARNED BY THE CORPORATION FROM THE INVESTMENT OF MONEYS OF
28 THE FUND. THE CORPORATION IS AUTHORIZED TO ACCEPT, AS AGENT OF THE
29 STATE, ANY GIFT, GRANT, DEVISE OR BEQUEST, WHETHER CONDITIONAL OR UNCON-
30 DITIONAL, INCLUDING BUT NOT LIMITED TO FEDERAL GRANTS, AND TO USE MONIES
31 MADE AVAILABLE FOR THE PROGRAM FROM ANY PUBLIC OR PRIVATE SOURCE, FOR
32 THE PURPOSE OF IMPLEMENTING THE PROGRAM. THE CORPORATION SHALL BE ENTI-
33 TLED TO RECOVER FROM THE MONIES MADE AVAILABLE FOR THE PROGRAM ITS OWN
34 NECESSARY AND DOCUMENTED COSTS INCURRED IN ADMINISTERING THE PROGRAM AND
35 EVALUATING THE EFFECTIVENESS OF THE PROGRAM; PROVIDED, HOWEVER, THE SUM
36 THAT MAY BE RECOVERED FOR THE CORPORATION'S ADMINISTRATIVE COSTS SHALL
37 NOT EXCEED FIVE PERCENT OF THE MONIES MADE AVAILABLE FOR THE PROGRAM,
38 AND THE SUM THAT MAY BE RECOVERED FOR THE CORPORATION'S EVALUATION COSTS
39 SHALL NOT EXCEED THREE PERCENT OF THE MONIES MADE AVAILABLE FOR THE
40 PROGRAM. THE MONIES HELD IN OR CREDITED TO THE FUND SHALL BE EXPENDED
41 SOLELY FOR THE PURPOSES SET FORTH IN THIS SECTION. THE CORPORATION SHALL
42 NOT COMMINGLE THE MONIES OF SUCH FUND WITH ANY OTHER MONIES OF THE
43 CORPORATION OR ANY MONIES HELD IN TRUST BY THE CORPORATION. THE CORPO-
44 RATION IS AUTHORIZED, WITHIN AVAILABLE APPROPRIATIONS AND LOAN REPAY-
45 MENTS TO PROVIDE ZERO INTEREST LOANS TO MICRO-BUSINESSES TO HIRE NEW
46 EMPLOYEES.
47 4. APPLICATIONS FOR LOAN. AN APPLICATION FOR A LOAN SHALL BE SUBMITTED
48 IN SUCH FORM AND IN ACCORDANCE WITH SUCH PROCEDURES AS THE CORPORATION
49 SHALL ESTABLISH. APPLICATIONS SUBMITTED TO THE FUND MAY INCLUDE BUT
50 SHALL NOT BE LIMITED TO:
51 (A) A BUSINESS PLAN;
52 (B) A JOB DESCRIPTION AND REQUIRED EMPLOYEE QUALIFICATIONS;
53 (C) A GUARANTOR;
54 (D) THE GUARANTOR'S NAME AND ADDRESS, AUDITED FINANCIAL STATEMENTS OR
55 TAX RECORDS FOR THE PREVIOUS THREE YEARS, AND OTHER FINANCIAL DOCUMENTA-
56 TION THE CORPORATION SHALL DEEM APPROPRIATE;
A. 8513 3
1 (E) A DESCRIPTION OF HOW THE APPLICANT ANTICIPATES THE BUSINESS WILL
2 GROW AS A RESULT OF THE ADDITIONAL WORKFORCE;
3 (F) A LIST OF CURRENT EMPLOYEES AND JOB DESCRIPTION FOR EACH EMPLOYEE;
4 AND
5 (G) ANY ADDITIONAL INFORMATION THAT THE CORPORATION SHALL REQUIRE.
6 ALL INFORMATION COLLECTED BY THE CORPORATION SHALL BE CONFIDENTIAL AND
7 SHALL BE USED EXCLUSIVELY FOR PURPOSES OF THIS SECTION.
8 5. APPLICATION FEE. EACH APPLICATION MUST BE ACCOMPANIED BY A MINIMUM
9 ONE HUNDRED-DOLLAR APPLICATION FEE. THIS APPLICATION FEE IS TO BE
10 APPLIED TO THE CORPORATION'S ADMINISTRATIVE EXPENSES. APPLICATION FEES
11 ARE TO BE REFUNDED TO ALL SUCCESSFUL APPLICANTS WITHIN THIRTY DAYS OF
12 RECEIPT OF THE FINAL PAYMENT OF PRINCIPAL. THE PURPOSE OF THIS APPLICA-
13 TION FEE IS TO ENSURE THAT APPLICATIONS ARE MADE IN GOOD FAITH AND TO
14 AVOID WASTED ADMINISTRATIVE FEES THAT OCCUR FROM BAD FAITH APPLICATIONS.
15 THE CORPORATION MAY REFUND ALL APPLICATION FEES, EVEN IF APPLICATION IS
16 DENIED WHEN IT BELIEVED THAT THE APPLICANT IN GOOD FAITH BELIEVED IT WAS
17 ENTITLED TO RECEIVE A LOAN UNDER THIS SECTION.
18 6. LOAN TERMS. (A) THE CORPORATION SHALL PROVIDE FUNDS FOR EACH OF THE
19 FIRST THREE YEARS OF THE MICRO-BUSINESS QUALIFYING NEW HIRE'S EMPLOY-
20 MENT.
21 (B) IN EACH OF THOSE YEARS THE CORPORATION WILL PROVIDE NO MORE THAN
22 TWENTY PERCENT OF THE MICRO-BUSINESS QUALIFYING NEW HIRE'S ANNUAL SALA-
23 RY.
24 (C) IN EACH YEAR THE CORPORATION WILL PROVIDE NO MORE THAN TWENTY
25 THOUSAND DOLLARS PER MICRO-BUSINESS QUALIFYING NEW HIRE.
26 (D) LOAN PAYMENTS TO THE CORPORATION FROM THE BUSINESS ARE DEFERRED
27 UNTIL THREE YEARS FROM MICRO-BUSINESS QUALIFYING NEW HIRE'S START DATE.
28 (E) PRINCIPAL IS TO BE PAID TO THE CORPORATION IN MONTHLY INSTALL-
29 MENTS.
30 (F) NO INTEREST SHALL BE CHARGED ON ANY LOAN PROVIDED PURSUANT TO THIS
31 SECTION.
32 (G) THE LOAN WILL BE PAID BY THE CORPORATION IN THREE INSTALLMENTS AS
33 FOLLOWS:
34 (I) THE FIRST INSTALLMENT WILL BE PROVIDED BY THE CORPORATION NO LATER
35 THAN TEN DAYS AFTER RECEIPT OF THE MICRO-BUSINESS QUALIFYING NEW HIRE'S
36 W-2 AND PROOF OF RESIDENCE; AND
37 (II) THE PAYMENTS FOR EACH ADDITIONAL INSTALLMENT SHALL BE MADE WITHIN
38 TEN DAYS OF THE DATE OF THE MICRO-BUSINESS QUALIFYING NEW HIRE'S ANNI-
39 VERSARY OF EMPLOYMENT.
40 (H) NO FEES OR PENALTIES SHALL BE CHARGED OR COLLECTED FOR PREPAYMENT
41 OF ANY SUCH LOAN.
42 7. LOAN APPROVAL. IN AWARDING THE LOAN, THE CORPORATION SHALL SELECT
43 FROM ELIGIBLE BUSINESS APPLICANTS BASED ON THE FOLLOWING CRITERIA:
44 (A) THE LIKELIHOOD OF SUCCESS OF THE APPLICANT IN MEETING THE GOALS OF
45 ITS STRATEGIC PLAN;
46 (B) THE EXTENT OF NEED FOR LOANS AND DEVELOPMENT SERVICES WITHIN THE
47 INVESTMENT AREAS OR TARGETED POPULATIONS;
48 (C) THE CREDIT SCORE OF THE APPLICANT;
49 (D) THE CREDIT SCORE OF THE GUARANTOR;
50 (E) GOOD STANDING ON OTHER LOAN OBLIGATIONS; AND
51 (F) OTHER FACTORS DEEMED TO BE APPROPRIATE BY THE CORPORATION.
52 8. APPLICATION CRITERIA. THE CORPORATION SHALL DEVELOP AND USE A STAN-
53 DARD APPLICATION FORM. IN ADDITION TO SUCH OTHER CRITERIA AS THE CORPO-
54 RATION MAY ADOPT IN RULES AND REGULATIONS FOR THE CONSIDERATION OF
55 APPLICATIONS FOR LOANS OR LOAN GUARANTEES PURSUANT TO THIS SECTION, THE
56 CORPORATION SHALL:
A. 8513 4
1 (A) DETERMINE THAT THE COMPANY IS UNABLE TO OBTAIN SUFFICIENT FUNDING
2 ON REASONABLE TERMS FROM OTHER PUBLIC OR PRIVATE SOURCES TO PERMIT THE
3 COMPANY'S PLANNED HIRING;
4 (B) CONSIDER WHETHER THE LOAN OR LOAN GUARANTEE WILL RESULT IN A
5 REASONABLE LIKELIHOOD OF SUCCESS IN MEETING THE PURPOSES FOR WHICH IT
6 WAS SOUGHT BY THE APPLICANT COMPANY; AND
7 (C) ASSESS THE DEMONSTRATED NEED FOR SUCH ASSISTANCE, ESTABLISHED BY A
8 SHOWING OF A SHORT-TERM LACK OF LIQUIDITY OF AN EXISTING SOLVENT BUSI-
9 NESS.
10 9. USE OF LOAN. A MICRO-BUSINESS MAY UTILIZE FUNDS ONLY FOR SALARY OF
11 A MICRO-BUSINESS QUALIFYING NEW HIRE.
12 10. ADVISORY COMMITTEE. THE CORPORATION MAY CREATE AN ADVISORY COMMIT-
13 TEE, CONSISTING OF AT LEAST FIVE MEMBERS, TO ADVISE THE CORPORATION IN
14 THE PROMOTION, IMPLEMENTATION AND ADMINISTRATION OF THE HIRE NEW YORK
15 PROGRAM.
16 11. REPORTING REQUIREMENTS. THE CORPORATION SHALL SUBMIT A REPORT TO
17 THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
18 THE SENATE ON OR BEFORE THE FIRST OF OCTOBER, AND ANNUALLY THEREAFTER,
19 DESCRIBING THE FINANCIAL AND TECHNICAL ASSISTANCE PROVIDED PURSUANT TO
20 THIS SECTION, INCLUDING: THE NUMBER OF LOAN APPLICATIONS FILED AND
21 ACCEPTED; THE AMOUNT AND TYPE OF ASSISTANCE PROVIDED; A DESCRIPTION OF
22 BUSINESSES ASSISTED BY FUND MONIES; THE NUMBER OF JOBS CREATED THROUGH
23 THE LOANS OF FUND MONIES; AND SUCH OTHER INFORMATION AS THE CORPORATION
24 MAY DEEM APPROPRIATE.
25 12. RULES AND REGULATIONS. THE CORPORATION IS HEREBY AUTHORIZED TO
26 PROMULGATE RULES AND REGULATIONS IN ACCORDANCE WITH THE STATE ADMINIS-
27 TRATIVE PROCEDURE ACT THAT ARE NECESSARY TO FULFILL THE PURPOSES OF THIS
28 SECTION. SUCH RULES AND REGULATIONS MUST BE COMPLETED WITHIN ONE HUNDRED
29 EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
30 S 3. The sum of twenty million dollars ($20,000,000), is hereby appro-
31 priated to the urban development corporation out of the moneys in the
32 state treasury in the general fund to the credit of hire New York fund
33 established pursuant to section 16-w of the New York state urban devel-
34 opment corporation act.
35 S 4. This act shall take effect immediately.
