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.