S T A T E O F N E W Y O R K
________________________________________________________________________
6892
2017-2018 Regular Sessions
I N S E N A T E
September 29, 2017
___________
Introduced by Sen. KENNEDY -- 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 microenter-
prise development
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "microenterprise development act".
§ 2. Legislative findings and purpose. (a) The legislature finds as
follows:
1. Development and expansion of businesses in economically distressed
communities in both rural and urban areas can assist residents who are
unemployed, underemployed or in low-income jobs.
2. Microenterprises are important elements of New York's economy and
play an essential role in job creation, entrepreneurial skill develop-
ment, and enhancing the ability of low-income households to become self-
sufficient. Microenterprises provide a means for unemployed, underem-
ployed or low-income individuals to find and sustain productive work,
and they provide opportunities for economically distressed communities
to thrive.
3. Microentrepreneurs, especially those with low incomes, often do not
have access to commercial credit because of lack of business experience
or training, collateral to secure business loans, or lack of history of
business records to demonstrate their loan repayment potential.
4. Local community-based microenterprise support organizations have
demonstrated cost-effective delivery methods for providing financial,
business, and technical assistance, including microloans, mentoring,
physical space and other essential services to microenterprises.
5. Charitable foundation support, federal program funding and private
sector support can be leveraged by a statewide program for development
of microenterprises.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08900-01-7
S. 6892 2
(b) The purpose of this act is to strengthen the state economy and
enable low-income residents to become self-sufficient by encouraging
microenterprise development.
§ 3. The economic development law is amended by adding a new article
9-B to read as follows:
ARTICLE 9-B
MICROENTERPRISE DEVELOPMENT
SECTION 217. MICROENTERPRISE DEVELOPMENT.
§ 217. MICROENTERPRISE DEVELOPMENT. (A) THERE IS HEREBY ESTABLISHED A
MICROENTERPRISE DEVELOPMENT PROGRAM UNDER THE PURVIEW OF THE DEPARTMENT.
SUCH PROGRAM SHALL PROVIDE MICROENTERPRISES WITH FINANCIAL, BUSINESS, OR
TECHNICAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO, ACCESS TO FINANC-
ING, MENTORING, TRAINING OR ACQUIRING PHYSICAL SPACE.
(B) AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MICROENTERPRISE" MEANS ANY BUSINESS, WHETHER NEW OR EXISTING,
THAT IS A SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION WHICH HAS
FIVE OR LESS EMPLOYEES.
2. "MICROENTERPRISE DEVELOPMENT ORGANIZATION" MEANS A COMMUNITY-BASED
ORGANIZATION, OR SOCIAL SERVICE ORGANIZATION, OR OTHER NONPROFIT ENTITY
THAT HAS DEVELOPED A PROGRAM TO PROVIDE MICROENTERPRISES WITH FINANCIAL,
BUSINESS, OR TECHNICAL ASSISTANCE, INCLUDING, BUT NOT LIMITED TO, ACCESS
TO FINANCING, MENTORING, TRAINING, OR ACQUIRING PHYSICAL SPACE.
3. "TRAINING AND TECHNICAL ASSISTANCE" MEANS SERVICES AND SUPPORT
PROVIDED TO MICROENTERPRISES, ESPECIALLY THOSE THAT ARE LOW-INCOME
OWNERS, FOR ENHANCING BUSINESS PLANNING, MARKETING MANAGEMENT, AND
IMPROVING FINANCIAL MANAGEMENT SKILLS, FOR THE PURPOSE OF ACCESSING
FINANCIAL SERVICES, SUCH AS LOANS, MICROLOANS AND GRANTS.
4. "LOW-INCOME PERSON" MEANS A PERSON WITH INCOME ADJUSTED FOR FAMILY
SIZE THAT DOES NOT EXCEED:
A. FOR METROPOLITAN AREAS, EIGHTY PERCENT OF MEDIAN INCOME OF THE
METROPOLITAN AREA; OR
B. FOR NONMETROPOLITAN AREAS, THE GREATER OF EIGHTY PERCENT OF THE
AREA MEDIAN INCOME OR EIGHTY PERCENT OF THE STATEWIDE NONMETROPOLITAN
AREA MEDIAN INCOME.
(C) 1. THE COMMISSIONER IS AUTHORIZED TO ESTABLISH A MICROENTERPRISE
TECHNICAL ASSISTANCE AND CAPACITY BUILDING GRANT PROGRAM TO PROVIDE
ASSISTANCE IN THE FORM OF GRANTS OF UP TO FIVE THOUSAND DOLLARS TO
MICROENTERPRISE DEVELOPMENT ORGANIZATIONS TO USE AS PROVIDED IN THIS
SUBDIVISION FROM AVAILABLE APPROPRIATIONS.
2. A MICROENTERPRISE DEVELOPMENT ORGANIZATION SHALL USE GRANTS MADE
UNDER THIS PROGRAM TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO LOW-
INCOME ENTREPRENEURS OPERATING MICROENTERPRISES.
3. THE COMMISSIONER SHALL ENSURE THAT NOT LESS THAN FIFTY PERCENT OF
THE FUNDS MADE AVAILABLE ARE USED TO BENEFIT PERSONS WHOSE INCOME,
ADJUSTED FOR FAMILY SIZE, IS NOT MORE THAN ONE HUNDRED FIFTY PERCENT OF
THE POVERTY LINE AS DEFINED IN 42 U.S.C. 9902(2).
4. A MICROENTERPRISE DEVELOPMENT ORGANIZATION MUST PROVIDE AT LEAST
ONE DOLLAR IN MATCHING FUNDS FOR EVERY DOLLAR OF STATE FINANCIAL ASSIST-
ANCE. FEES, GRANTS, AND GIFTS FROM PUBLIC OR PRIVATE SOURCES MAY BE USED
TO COMPLY WITH THE MATCHING FUNDS REQUIREMENT.
5. THE COMMISSIONER SHALL ASSIST MICROENTERPRISES TO ACCESS EXISTING
GRANTS, LOANS, AND OTHER PROGRAMS AND SERVICES CURRENTLY AVAILABLE FROM
ANY STATE ENTITY. FURTHER, THE COMMISSIONER SHALL ACTIVELY SEEK TO
ENCOURAGE PRIVATE FINANCIAL INSTITUTIONS TO MAKE LOANS TO MICROENTER-
PRISES.
S. 6892 3
§ 4. Rules and regulations. The commissioner of economic development
is authorized to promulgate rules and regulations in accordance with the
state administrative procedure act that are necessary to fulfill the
purposes of this act. Such rules and regulations shall be completed
within one hundred eighty days after the effective date of this act.
§ 5. This act shall take effect July 1, 2018.
