S T A T E   O F   N E W   Y O R K
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                                  8295

                            I N  S E N A T E

                              June 21, 2010
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the economic development law, in relation to  establish-
  ing  entrepreneurship assistance centers; to amend the economic devel-
  opment law  and  the  labor  law,  in  relation  to  making  technical
  corrections  relating thereto; and to repeal article 9 of the economic
  development law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 9 of the economic development law is REPEALED and a
new article 9 is added to read as follows:
                                ARTICLE 9
                   ENTREPRENEURSHIP ASSISTANCE CENTERS
SECTION 210. DEFINITIONS.
        211. ENTREPRENEURSHIP ASSISTANCE CENTERS.
        212. REPORTING.
  S  210.  DEFINITIONS.  AS  USED  IN  THIS ARTICLE THE FOLLOWING TERMS,
UNLESS THE CONTEXT INDICATES OTHERWISE, SHALL HAVE THE  FOLLOWING  MEAN-
INGS:
  1.  "ENTREPRENEURSHIP  ASSISTANCE  CENTERS"  SHALL  MEAN  THE BUSINESS
DEVELOPMENT CENTERS WHICH PROVIDE ASSISTANCE TO PRIMARILY MINORITY GROUP
MEMBERS, WOMEN, INDIVIDUALS WITH A DISABILITY AND DISLOCATED WORKERS  AS
ESTABLISHED  BY THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED ELEVEN OF
THIS ARTICLE.
  2. "DISABILITY" SHALL MEAN, WITH RESPECT TO AN INDIVIDUAL:
  (A) A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS  ONE  OR
MORE OF THE MAJOR LIFE ACTIVITIES OF SUCH INDIVIDUAL;
  (B) A RECORD OF SUCH AN IMPAIRMENT; OR
  (C) BEING REGARDED AS HAVING AN IMPAIRMENT.
  3.  "MINORITY  BUSINESS ENTERPRISE" SHALL MEAN ANY BUSINESS ENTERPRISE
WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN  THE  CASE  OF  A
PUBLICLY  OWNED  BUSINESS  AT LEAST FIFTY-ONE PER CENTUM OF THE STOCK OF
WHICH IS OWNED BY, CITIZENS OR PERMANENT RESIDENT ALIENS WHO ARE  BLACK,
HISPANIC,  ASIAN  OR AMERICAN INDIAN, PACIFIC ISLANDER OR ALASKAN NATIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD08074-02-0

S. 8295                             2

WHERE SUCH OWNERSHIP INTEREST IS REAL, SUBSTANTIAL  AND  CONTINUING  AND
WHERE  SUCH PERSONS HAVE THE AUTHORITY TO INDEPENDENTLY CONTROL THE DAY-
TO-DAY BUSINESS DECISIONS OF THE ENTITY.
  4.  "MINORITY  GROUP  MEMBER"  SHALL  MEAN  A UNITED STATES CITIZEN OR
PERMANENT RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN ONE OF
THE FOLLOWING GROUPS:
  (A) BLACK PERSONS HAVING ORIGINS IN ANY OF THE  BLACK  AFRICAN  RACIAL
GROUPS NOT OF HISPANIC ORIGIN;
  (B)  HISPANIC  PERSONS  OF  MEXICAN,  PUERTO  RICAN, DOMINICAN, CUBAN,
CENTRAL OR SOUTH AMERICAN DESCENT OF EITHER INDIAN OR  HISPANIC  ORIGIN,
REGARDLESS OF RACE;
  (C) ASIAN AND PACIFIC ISLANDER PERSONS HAVING ORIGINS IN THE FAR EAST,
SOUTHEAST ASIA, THE INDIAN SUB-CONTINENT OR THE PACIFIC ISLANDS; OR
  (D) AMERICAN INDIAN OR ALASKAN NATIVE PERSONS HAVING ORIGINS IN ANY OF
THE ORIGINAL PEOPLES OF NORTH AMERICA.
  5.  "WOMEN-OWNED  BUSINESS  ENTERPRISE" SHALL MEAN ANY BUSINESS ENTER-
PRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE CASE OF
A PUBLICLY OWNED BUSINESS AT LEAST FIFTY-ONE PER CENTUM OF THE STOCK  OF
WHICH  IS  OWNED BY, CITIZENS OR PERMANENT RESIDENT ALIENS WHO ARE WOMEN
WHERE SUCH OWNERSHIP INTEREST IS REAL, SUBSTANTIAL  AND  CONTINUING  AND
WHERE  SUCH PERSONS HAVE THE AUTHORITY TO INDEPENDENTLY CONTROL THE DAY-
TO-DAY BUSINESS DECISIONS OF THE ENTITY.
  S 211. ENTREPRENEURSHIP ASSISTANCE CENTERS. 1.  THE  DEPARTMENT  SHALL
ESTABLISH AND SUPPORT, WITHIN AVAILABLE APPROPRIATIONS, ENTREPRENEURSHIP
ASSISTANCE  CENTERS  AT  CAREER  EDUCATION  AGENCIES  AND NOT-FOR-PROFIT
CORPORATIONS INCLUDING, BUT  NOT LIMITED TO,  LOCAL  DEVELOPMENT  CORPO-
RATIONS, CHAMBERS OF COMMERCE, COMMUNITY-BASED BUSINESS OUTREACH CENTERS
AND  OTHER  COMMUNITY-BASED ORGANIZATIONS.   THE PURPOSE OF SUCH CENTERS
SHALL BE TO TRAIN MINORITY GROUP  MEMBERS,  WOMEN,  INDIVIDUALS  WITH  A
DISABILITY  AND  DISLOCATED  WORKERS  IN  THE PRINCIPLES AND PRACTICE OF
ENTREPRENEURSHIP IN ORDER TO PREPARE SUCH PERSONS TO PURSUE SELF-EMPLOY-
MENT OPPORTUNITIES AND TO PURSUE A MINORITY  BUSINESS  ENTERPRISE  OR  A
WOMEN-OWNED BUSINESS ENTERPRISE. SUCH CENTERS SHALL PROVIDE FOR TRAINING
IN  ALL ASPECTS OF BUSINESS DEVELOPMENT AND SMALL BUSINESS MANAGEMENT AS
DEFINED BY THE COMMISSIONER.  FOR  PURPOSES  OF  THIS  SECTION,  "CAREER
EDUCATION AGENCY" SHALL MEAN A COMMUNITY COLLEGE OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES OPERATING WITHIN THE STATE.
  2.  THE  DEPARTMENT  SHALL ESTABLISH CRITERIA FOR SELECTION AND DESIG-
NATION OF SUCH CENTERS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) THE LEVEL OF SUPPORT FOR  THE  CENTER  FROM  LOCAL  POST-SECONDARY
EDUCATION INSTITUTIONS, BUSINESSES, AND GOVERNMENT;
  (B) THE LEVEL OF FINANCIAL ASSISTANCE PROVIDED AT THE LOCAL AND FEDER-
AL LEVEL TO SUPPORT THE OPERATIONS OF THE CENTER;
  (C)  THE  APPLICANT'S  UNDERSTANDING  OF  PROGRAM GOALS AND OBJECTIVES
ARTICULATED BY THE DEPARTMENT;
  (D) THE PLANS OF THE CENTER TO  SUPPLEMENT  STATE  AND  LOCAL  FUNDING
THROUGH FEES FOR SERVICES WHICH MAY BE BASED ON A SLIDING SCALE BASED ON
ABILITY TO PAY;
  (E) THE NEED FOR AND ANTICIPATED IMPACT OF THE CENTER ON THE COMMUNITY
IN WHICH IT WILL FUNCTION;
  (F) THE QUALITY OF THE PROPOSED WORK PLAN AND STAFF OF THE CENTER; AND
  (G) THE EXTENT OF ECONOMIC DISTRESS IN THE AREA TO BE SERVED.
  3.  APPLICATION FOR GRANTS MADE PURSUANT TO THIS SECTION SHALL BE MADE
IN THE MANNER AND ON FORMS PRESCRIBED BY THE DEPARTMENT.  SUCH  APPLICA-
TION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:

S. 8295                             3

  (A)  A  DESCRIPTION  OF  THE  TRAINING  PROGRAMS  AVAILABLE WITHIN THE
GEOGRAPHIC AREA TO BE SERVED BY THE CENTER TO WHICH ELIGIBLE CLIENTS MAY
BE REFERRED;
  (B) DESIGNATION OF A PROGRAM DIRECTOR;
  (C) PLANS FOR PROVIDING ONGOING TECHNICAL ASSISTANCE TO PROGRAM GRADU-
ATES, INCLUDING LINKAGES WITH PROVIDERS OF OTHER ENTREPRENEURIAL ASSIST-
ANCE  PROGRAMS AND WITH PROVIDERS OF SMALL BUSINESS TECHNICAL ASSISTANCE
AND SERVICES;
  (D) A PROGRAM BUDGET, INCLUDING MATCHING FUNDS, IN-KIND AND OTHERWISE,
TO BE PROVIDED BY THE APPLICANT; AND
  (E) SUCH OTHER REQUIREMENTS AS DEEMED NECESSARY BY THE DEPARTMENT.
  4. EACH CENTER SHALL:
  (A) BE OPERATED BY A BOARD OF DIRECTORS REPRESENTING COMMUNITY LEADERS
IN BUSINESS, EDUCATION, FINANCE AND GOVERNMENT;
  (B) BE INCORPORATED AS A NOT-FOR-PROFIT CORPORATION;
  (C) BE LOCATED IN AN AREA ACCESSIBLE TO ELIGIBLE CLIENTS;
  (D) ESTABLISH AN ADVISORY GROUP  OF  COMMUNITY  BUSINESS  EXPERTS,  AT
LEAST  ONE-HALF  OF  WHOM SHALL BE REPRESENTATIVE OF THE CLIENTELE TO BE
SERVED BY THE CENTER,  WHICH  SHALL  CONSTITUTE  A  SUPPORT  NETWORK  TO
PROVIDE  COUNSELING  AND  MENTORING  SERVICES TO MINORITY GROUP MEMBERS,
WOMEN, INDIVIDUALS WITH A DISABILITY AND  DISLOCATED  WORKERS  FROM  THE
CONCEPT  STAGE  OF  DEVELOPMENT  THROUGH  THE  FIRST ONE TO TWO YEARS OF
EXISTENCE ON A REGULAR BASIS AND AS NEEDED THEREAFTER; AND
  (E) ESTABLISH A REFERRAL SYSTEM AND LINKAGES TO  EXISTING  AREA  SMALL
BUSINESS ASSISTANCE PROGRAMS AND FINANCING SOURCES.
  5.  EACH  ENTREPRENEURSHIP  ASSISTANCE  CENTER  SHALL  PROVIDE  NEEDED
SERVICES TO ELIGIBLE CLIENTS, INCLUDING, BUT NOT LIMITED TO:
  (A) ORIENTATION AND SCREENING OF PROSPECTIVE ENTREPRENEURS;
  (B) ANALYSIS OF BUSINESS CONCEPTS AND TECHNICAL FEASIBILITY;
  (C) MARKET ANALYSIS;
  (D) MANAGEMENT ANALYSIS AND COUNSELING;
  (E) BUSINESS PLANNING AND FINANCIAL PLANNING ASSISTANCE;
  (F) REFERRALS TO FINANCIAL RESOURCES;
  (G) REFERRAL TO EXISTING EDUCATIONAL PROGRAMS  FOR  TRAINING  IN  SUCH
AREAS  AS  MARKETING, ACCOUNTING AND OTHER SUCH TRAINING PROGRAMS AS MAY
BE NECESSARY AND AVAILABLE; AND
  (H) REFERRAL TO BUSINESS INCUBATOR FACILITIES, WHERE APPROPRIATE,  FOR
THE  PURPOSE  OF  ENTERING  INTO  AGREEMENTS  TO  ACCESS  SHARED SUPPORT
SERVICES.
  6. GRANTS MADE PURSUANT TO  THIS  SECTION  SHALL  BE  SUBJECT  TO  THE
FOLLOWING LIMITATIONS:
  (A)  NO  GRANT  SHALL  BE  MADE TO ANY ONE OR ANY CONSORTIUM OF CAREER
EDUCATION AGENCIES AND NOT-FOR-PROFIT CORPORATIONS IN EXCESS  OF  SEVEN-
TY-FIVE THOUSAND DOLLARS; AND
  (B)  EACH GRANT SHALL BE DISBURSED FOR PAYMENT OF THE COST OF SERVICES
AND EXPENSES OF THE PROGRAM DIRECTOR, THE INSTRUCTORS OF THE PARTICIPAT-
ING CAREER EDUCATION AGENCY OR NOT-FOR-PROFIT CORPORATION,  THE  FACULTY
AND  SUPPORT  PERSONNEL  THEREOF  AND ANY OTHER PERSON IN THE SERVICE OF
PROVIDING INSTRUCTION AND COUNSELING IN FURTHERANCE OF THE PROGRAM.
  S 212. REPORTING. THE DEPARTMENT SHALL:
  1. MONITOR THE PERFORMANCE OF EACH ENTREPRENEURIAL  ASSISTANCE  CENTER
AND  REQUIRE  PERIODIC  AND  ANNUAL  REPORTS  FROM  EACH ENTREPRENEURIAL
ASSISTANCE CENTER AT SUCH TIME AND IN SUCH A MANNER AS PRESCRIBED BY THE
COMMISSIONER.
  2. EVALUATE THE ENTREPRENEURIAL ASSISTANCE CENTERS  ESTABLISHED  UNDER
THIS  ARTICLE AND REPORT, ON OR BEFORE OCTOBER FIRST, TWO THOUSAND ELEV-

S. 8295                             4

EN, AND ON OR BEFORE EACH  OCTOBER  FIRST  THEREAFTER,  AND  SUBMIT  THE
RESULTS  OF  SUCH  EVALUATION  TO THE GOVERNOR AND THE LEGISLATURE. SUCH
REPORT SHALL DISCUSS THE EXTENT TO  WHICH  THE  CENTERS  SERVE  MINORITY
GROUP MEMBERS, WOMEN, INDIVIDUALS WITH A DISABILITY AND DISLOCATED WORK-
ERS;  THE EXTENT TO WHICH THE TRAINING PROGRAM IS COORDINATED WITH OTHER
ASSISTANCE PROGRAMS TARGETED TO SMALL AND NEW BUSINESSES; THE ABILITY OF
SUCH PROGRAM TO LEVERAGE OTHER SOURCES OF FUNDING AND SUPPORT;  AND  THE
SUCCESS  OF  THE  PROGRAM  IN AIDING ENTREPRENEURS TO START UP NEW BUSI-
NESSES, INCLUDING THE NUMBER OF NEW BUSINESS  START-UPS  RESULTING  FROM
THE PROGRAM. SUCH REPORT SHALL RECOMMEND CHANGES AND IMPROVEMENTS IN THE
TRAINING PROGRAM AND IN THE QUALITY OF SUPPLEMENTAL TECHNICAL ASSISTANCE
OFFERED TO GRADUATES OF THE TRAINING PROGRAMS.
  3.  SUBMIT  TO  THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE CHAIR-
PERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEM-
BLY WAYS AND MEANS COMMITTEE AN EVALUATION OF THE EFFECTIVENESS  OF  THE
PROGRAMS  ESTABLISHED UNDER THIS ARTICLE PREPARED BY AN ENTITY INDEPEND-
ENT OF THE DEPARTMENT. SUCH EVALUATION SHALL BE SUBMITTED  BY  SEPTEMBER
FIRST,  TWO  THOUSAND  THIRTEEN  AND BY SEPTEMBER FIRST EVERY FOUR YEARS
THEREAFTER.
  4. BETWEEN EVALUATION DUE DATES, MAINTAIN THE  NECESSARY  RECORDS  AND
DATA  REQUIRED  TO  SATISFY  SUCH EVALUATION REQUIREMENTS AND TO SATISFY
INFORMATION REQUESTS RECEIVED FROM  THE  DIRECTOR  OF  THE  BUDGET,  THE
CHAIRPERSON  OF  THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE BETWEEN SUCH EVALUATION DUE DATES.
  S 2. Paragraph (c) of subdivision 37-b of section 100 of the  economic
development law, as added by chapter 524 of the laws of 2005, is amended
to read as follows:
  (c)  Subdivision  two of section two hundred [thirteen] TWELVE OF THIS
CHAPTER, submitting the results of the annual evaluation of  the  entre-
preneurial  assistance  programs  established under article nine OF THIS
CHAPTER.
  S 3. Subparagraph (iii) of paragraph (c) of subdivision 2  of  section
591-a  of the labor law, as added by chapter 413 of the laws of 2003, is
amended to read as follows:
  (iii)  are  participating  in  self-employment  assistance  activities
approved by the department and by the department of economic development
which include but need not be limited to entrepreneurial training, busi-
ness  counseling,  and technical assistance, including financing assist-
ance for qualified individuals as appropriate, offered by  entrepreneur-
ship  [support]  ASSISTANCE  centers established pursuant to section two
hundred [twelve] ELEVEN of the economic development law, state universi-
ty of New York small business development centers, programs  offered  by
community-based   organizations,  local  development  corporations,  and
boards of cooperative educational services (BOCES) as established pursu-
ant to section one thousand nine hundred fifty of the education law;
  S 4. This act shall take effect immediately; provided that the  amend-
ments to subparagraph (iii) of paragraph (c) of subdivision 2 of section
591-a  of  the  labor  law  made  by section three of this act shall not
affect the repeal of such section and shall be deemed to  repeal  there-
with.