Bill Text: NY A02248 | 2013-2014 | General Assembly | Introduced


Bill Title: Establishes the microenterprise development act to assist very small businesses and low-income business people; appropriate funds therefor.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A02248 Detail]

Download: New_York-2013-A02248-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2248
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  QUART, ROSENTHAL, GIBSON, GUNTHER, BRINDISI,
         BOYLAND, CASTRO, LAVINE, JAFFEE, TITUS,  LUPARDO,  WEPRIN,  HOOPER  --
         Multi-Sponsored  by  --  M. of A.  BRENNAN, SIMANOWITZ, TITONE -- read
         once and referred to the Committee on Economic Development
       AN ACT to amend the economic development law, in relation to microenter-
         prise development; 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.  Short  title. This act shall be known and may be cited as
    2  the "microenterprise development act".
    3    S 2. Legislative findings and purpose. (a) The  legislature  finds  as
    4  follows:
    5    1.  Development and expansion of businesses in economically distressed
    6  communities in both rural and urban areas can assist residents  who  are
    7  unemployed, underemployed or in low-income jobs.
    8    2.  Microenterprises  provide a means for unemployed, underemployed or
    9  low-income individuals to find and sustain  productive  work,  and  they
   10  provide opportunities for economically distressed communities to thrive.
   11    3.  Low-income microentrepreneurs lack access to capital, training and
   12  technical assistance. Many low-income  microentrepreneurs  need  lending
   13  services  and  technical  assistance  to  start, operate or expand their
   14  businesses.
   15    4. Local microenterprise support organizations have demonstrated cost-
   16  effective delivery methods for providing lending services and  technical
   17  assistance.
   18    5.  Charitable foundation support, federal program funding and private
   19  sector support can be leveraged by a statewide program  for  development
   20  of microenterprises.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04143-01-3
       A. 2248                             2
    1    (b)  The  purpose  of  this act is to strengthen the state economy and
    2  enable low-income residents to  become  self-sufficient  by  encouraging
    3  microenterprise development.
    4    S  3.  The economic development law is amended by adding a new article
    5  9-B to read as follows:
    6                                 ARTICLE 9-B
    7                         MICROENTERPRISE DEVELOPMENT
    8  SECTION 217. MICROENTERPRISE DEVELOPMENT.
    9    S 217. MICROENTERPRISE DEVELOPMENT. (A) AS USED IN THIS  SECTION,  THE
   10  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   11    1. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC
   12  DEVELOPMENT.
   13    2.  "MICROENTERPRISE"  MEANS  A  SOLE  PROPRIETORSHIP, PARTNERSHIP, OR
   14  CORPORATION THAT HAS FEWER  THAN  FOUR  EMPLOYEES  AND  GENERALLY  LACKS
   15  ACCESS TO CONVENTIONAL LOANS, EQUITY, OR OTHER BANKING SERVICES.
   16    3.  "MICROENTERPRISE  DEVELOPMENT  ORGANIZATION"  OR  "MICROENTERPRISE
   17  DEVELOPMENT PROGRAM" MEANS A NONPROFIT ENTITY OR A PROGRAM  ADMINISTERED
   18  BY SUCH AN ENTITY, INCLUDING COMMUNITY DEVELOPMENT CORPORATIONS OR OTHER
   19  NONPROFIT  DEVELOPMENT  ORGANIZATIONS  AND SOCIAL SERVICE ORGANIZATIONS,
   20  THAT PROVIDES SERVICES TO LOW-INCOME MICROENTERPRISES.
   21    4. "TRAINING AND TECHNICAL  ASSISTANCE"  MEANS  SERVICES  AND  SUPPORT
   22  PROVIDED TO LOW-INCOME OWNERS AND OPERATORS OF MICROENTERPRISES, SUCH AS
   23  ASSISTANCE  FOR  THE  PURPOSE  OF ENHANCING BUSINESS PLANNING, MARKETING
   24  MANAGEMENT, FINANCIAL MANAGEMENT SKILLS, AND ASSISTANCE FOR THE  PURPOSE
   25  OF ACCESSING FINANCIAL SERVICES.
   26    5.  "LOW-INCOME PERSON" MEANS A PERSON WITH INCOME ADJUSTED FOR FAMILY
   27  SIZE THAT DOES NOT EXCEED:
   28    A. FOR METROPOLITAN AREAS, EIGHTY PERCENT OF MEDIAN INCOME; OR
   29    B. FOR NONMETROPOLITAN AREAS, THE GREATER OF  EIGHTY  PERCENT  OF  THE
   30  AREA  MEDIAN  INCOME  OR EIGHTY PERCENT OF THE STATEWIDE NONMETROPOLITAN
   31  AREA MEDIAN INCOME.
   32    (B) 1. THE COMMISSIONER SHALL ESTABLISH  A  MICROENTERPRISE  TECHNICAL
   33  ASSISTANCE  AND  CAPACITY BUILDING GRANT PROGRAM, WHICH SHALL RECEIVE AN
   34  ANNUAL APPROPRIATION FROM THE LEGISLATURE OF NO LESS  THAN  ONE  MILLION
   35  DOLLARS,  TO PROVIDE ASSISTANCE IN THE FORM OF GRANTS TO MICROENTERPRISE
   36  DEVELOPMENT ORGANIZATIONS.
   37    2. A MICROENTERPRISE DEVELOPMENT ORGANIZATION SHALL  USE  GRANTS  MADE
   38  UNDER  THIS PROGRAM TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO LOW-
   39  INCOME ENTREPRENEURS OPERATING MICROENTERPRISES.
   40    3. THE COMMISSIONER SHALL ENSURE THAT NOT LESS THAN FIFTY  PERCENT  OF
   41  THE  FUNDS  MADE  AVAILABLE  ARE  USED  TO BENEFIT PERSONS WHOSE INCOME,
   42  ADJUSTED FOR FAMILY SIZE, IS NOT MORE THAN ONE HUNDRED FIFTY PERCENT  OF
   43  THE POVERTY LINE AS DEFINED IN 42 U.S.C. 9902(2).
   44    4.  A  MICROENTERPRISE  DEVELOPMENT ORGANIZATION MUST PROVIDE AT LEAST
   45  ONE DOLLAR IN MATCHING FUNDS FOR EVERY DOLLAR OF STATE FINANCIAL ASSIST-
   46  ANCE. FEES, GRANTS, AND GIFTS FROM PUBLIC OR PRIVATE SOURCES MAY BE USED
   47  TO COMPLY WITH THE MATCHING FUNDS REQUIREMENT.
   48    5. THE COMMISSIONER SHALL ESTABLISH BY REGULATION SUCH REQUIREMENTS AS
   49  MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   50    S  4.  The  sum  of  one  million  five   hundred   thousand   dollars
   51  ($1,500,000),  or  so much thereof as may be necessary, is hereby appro-
   52  priated to the department of economic development out of any  moneys  in
   53  the  state  treasury  in  the  general  fund  to the credit of the state
   54  purposes account,  not  otherwise  appropriated,  and  made  immediately
   55  available,  for  the purpose of carrying out the provisions of this act.
   56  Such moneys shall be payable on the audit and warrant of the comptroller
       A. 2248                             3
    1  on vouchers certified or approved by the commissioner of economic devel-
    2  opment, or his or her designee, in the manner prescribed by law.
    3    S  5.  This act shall take effect on the first of July next succeeding
    4  the date on which it shall have become a law.
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