Bill Text: NY S01224 | 2013-2014 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S01224 Detail]

Download: New_York-2013-S01224-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1224
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       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.
   21    (b)  The  purpose  of  this act is to strengthen the state economy and
   22  enable low-income residents to  become  self-sufficient  by  encouraging
   23  microenterprise development.
   24    S  3.  The economic development law is amended by adding a new article
   25  9-B to read as follows:
   26                                 ARTICLE 9-B
   27                         MICROENTERPRISE DEVELOPMENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04143-01-3
       S. 1224                             2
    1  SECTION 217. MICROENTERPRISE DEVELOPMENT.
    2    S  217.  MICROENTERPRISE DEVELOPMENT. (A) AS USED IN THIS SECTION, THE
    3  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    4    1. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC
    5  DEVELOPMENT.
    6    2. "MICROENTERPRISE" MEANS  A  SOLE  PROPRIETORSHIP,  PARTNERSHIP,  OR
    7  CORPORATION  THAT  HAS  FEWER  THAN  FOUR  EMPLOYEES AND GENERALLY LACKS
    8  ACCESS TO CONVENTIONAL LOANS, EQUITY, OR OTHER BANKING SERVICES.
    9    3.  "MICROENTERPRISE  DEVELOPMENT  ORGANIZATION"  OR  "MICROENTERPRISE
   10  DEVELOPMENT  PROGRAM" MEANS A NONPROFIT ENTITY OR A PROGRAM ADMINISTERED
   11  BY SUCH AN ENTITY, INCLUDING COMMUNITY DEVELOPMENT CORPORATIONS OR OTHER
   12  NONPROFIT DEVELOPMENT ORGANIZATIONS AND  SOCIAL  SERVICE  ORGANIZATIONS,
   13  THAT PROVIDES SERVICES TO LOW-INCOME MICROENTERPRISES.
   14    4.  "TRAINING  AND  TECHNICAL  ASSISTANCE"  MEANS SERVICES AND SUPPORT
   15  PROVIDED TO LOW-INCOME OWNERS AND OPERATORS OF MICROENTERPRISES, SUCH AS
   16  ASSISTANCE FOR THE PURPOSE OF  ENHANCING  BUSINESS  PLANNING,  MARKETING
   17  MANAGEMENT,  FINANCIAL MANAGEMENT SKILLS, AND ASSISTANCE FOR THE PURPOSE
   18  OF ACCESSING FINANCIAL SERVICES.
   19    5. "LOW-INCOME PERSON" MEANS A PERSON WITH INCOME ADJUSTED FOR  FAMILY
   20  SIZE THAT DOES NOT EXCEED:
   21    A. FOR METROPOLITAN AREAS, EIGHTY PERCENT OF MEDIAN INCOME; OR
   22    B.  FOR  NONMETROPOLITAN  AREAS,  THE GREATER OF EIGHTY PERCENT OF THE
   23  AREA MEDIAN INCOME OR EIGHTY PERCENT OF  THE  STATEWIDE  NONMETROPOLITAN
   24  AREA MEDIAN INCOME.
   25    (B)  1.  THE  COMMISSIONER SHALL ESTABLISH A MICROENTERPRISE TECHNICAL
   26  ASSISTANCE AND CAPACITY BUILDING GRANT PROGRAM, WHICH SHALL  RECEIVE  AN
   27  ANNUAL  APPROPRIATION  FROM  THE LEGISLATURE OF NO LESS THAN ONE MILLION
   28  DOLLARS, TO PROVIDE ASSISTANCE IN THE FORM OF GRANTS TO  MICROENTERPRISE
   29  DEVELOPMENT ORGANIZATIONS.
   30    2.  A  MICROENTERPRISE  DEVELOPMENT ORGANIZATION SHALL USE GRANTS MADE
   31  UNDER THIS PROGRAM TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO  LOW-
   32  INCOME ENTREPRENEURS OPERATING MICROENTERPRISES.
   33    3.  THE  COMMISSIONER SHALL ENSURE THAT NOT LESS THAN FIFTY PERCENT OF
   34  THE FUNDS MADE AVAILABLE ARE  USED  TO  BENEFIT  PERSONS  WHOSE  INCOME,
   35  ADJUSTED  FOR FAMILY SIZE, IS NOT MORE THAN ONE HUNDRED FIFTY PERCENT OF
   36  THE POVERTY LINE AS DEFINED IN 42 U.S.C. 9902(2).
   37    4. A MICROENTERPRISE DEVELOPMENT ORGANIZATION MUST  PROVIDE  AT  LEAST
   38  ONE DOLLAR IN MATCHING FUNDS FOR EVERY DOLLAR OF STATE FINANCIAL ASSIST-
   39  ANCE. FEES, GRANTS, AND GIFTS FROM PUBLIC OR PRIVATE SOURCES MAY BE USED
   40  TO COMPLY WITH THE MATCHING FUNDS REQUIREMENT.
   41    5. THE COMMISSIONER SHALL ESTABLISH BY REGULATION SUCH REQUIREMENTS AS
   42  MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   43    S   4.   The   sum  of  one  million  five  hundred  thousand  dollars
   44  ($1,500,000), or so much thereof as may be necessary, is  hereby  appro-
   45  priated  to  the department of economic development out of any moneys in
   46  the state treasury in the general  fund  to  the  credit  of  the  state
   47  purposes  account,  not  otherwise  appropriated,  and  made immediately
   48  available, for the purpose of carrying out the provisions of  this  act.
   49  Such moneys shall be payable on the audit and warrant of the comptroller
   50  on vouchers certified or approved by the commissioner of economic devel-
   51  opment, or his or her designee, in the manner prescribed by law.
   52    S  5.  This act shall take effect on the first of July next succeeding
   53  the date on which it shall have become a law.
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