9 | 17 | | |
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10 | 18 | | |
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11 | 19 | | |
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12 | 20 | | AN ACT CONCERNING A DISABLED VETERANS REVOLVING LOAN |
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13 | 21 | | FUND. |
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14 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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15 | 23 | | Assembly convened: |
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16 | 24 | | |
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17 | 25 | | Section 1. Section 32-7g of the general statutes is repealed and the 1 |
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18 | 26 | | following is substituted in lieu thereof (Effective July 1, 2025): 2 |
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19 | 27 | | (a) There is established within the Department of Economic and 3 |
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20 | 28 | | Community Development the Small Business Express program. Said 4 |
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21 | 29 | | program shall provide small businesses with various forms of financial 5 |
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22 | 30 | | assistance. A small business eligible for assistance through said program 6 |
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23 | 31 | | shall (1) employ not more than one hundred employees, (2) have 7 |
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24 | 32 | | operations in Connecticut, and (3) be in good standing with the payment 8 |
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25 | 33 | | of all state and local taxes and with all state agencies. It shall be the goal 9 |
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26 | 34 | | of the Department of Economic and Community Development that, on 10 |
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27 | 35 | | or before July 1, 2026, the Small Business Express program be self-11 |
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28 | 36 | | funded and that the default rate of small businesses that receive 12 |
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29 | 37 | | assistance under said program be not more than twenty per cent. 13 |
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30 | 38 | | (b) The Small Business Express program shall consist of various 14 |
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31 | 39 | | components, including (1) a revolving loan fund, as described in 15 |
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42 | 51 | | consultation with representatives from Connecticut-based banks and a 22 |
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43 | 52 | | banking industry association, as described in subsection [(e)] (f) of this 23 |
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44 | 53 | | section, and [(4)] (5) a component established in consultation with 24 |
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45 | 54 | | Connecticut Innovations, Incorporated, as described in subsection [(f)] 25 |
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46 | 55 | | (g) of this section. Notwithstanding the provisions of section 32-5a 26 |
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47 | 56 | | regarding relocation limits, the department may require, as a condition 27 |
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48 | 57 | | of receiving financial assistance pursuant to this section, that a small 28 |
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49 | 58 | | business receiving such assistance shall not relocate, as defined in 29 |
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50 | 59 | | section 32-5a, for five years after receiving such assistance or during the 30 |
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51 | 60 | | term of the loan, whichever is longer. All other conditions and penalties 31 |
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52 | 61 | | imposed pursuant to section 32-5a shall continue to apply to such small 32 |
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53 | 62 | | business. 33 |
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54 | 63 | | (c) There is established as part of the Small Business Express program 34 |
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55 | 64 | | a revolving loan fund to provide loans, loan guarantees, loan portfolio 35 |
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56 | 65 | | guarantees, portfolio insurance and grants. 36 |
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57 | 66 | | (d) (1) There is established as part of the Small Business Express 37 |
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58 | 67 | | program at least one revolving loan fund to provide loans to eligible 38 |
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59 | 68 | | small businesses that are owned by one or more members of a minority. 39 |
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60 | 69 | | As used in this subsection, (A) "minority business development entity" 40 |
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61 | 70 | | means a nonprofit organization (i) having a lending portfolio on or 41 |
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62 | 71 | | before June 9, 2016, from which at least seventy-five per cent of lending 42 |
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63 | 72 | | is provided to minority-owned businesses state-wide; and (ii) that 43 |
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64 | 73 | | provided technical assistance on or before June 9, 2016, provided at least 44 |
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65 | 74 | | seventy-five per cent of such assistance was provided to minority-45 |
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66 | 75 | | owned businesses state-wide; and (B) "minority" means (i) Black 46 |
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67 | 76 | | Americans, including all persons having origins in any of the Black 47 |
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68 | 77 | | African racial groups not of Hispanic origin; (ii) Hispanic Americans, 48 |
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77 | 87 | | islanders; or (vi) American Indians and persons having origins in any of 53 |
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78 | 88 | | the original peoples of North America and maintaining identifiable 54 |
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79 | 89 | | tribal affiliations through membership and participation or community 55 |
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80 | 90 | | identification. 56 |
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81 | 91 | | (2) Notwithstanding the provisions of section 32-7h, as amended by 57 |
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82 | 92 | | this act, the commissioner shall allocate from the available funding 58 |
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83 | 93 | | under the Small Business Express program a total of five million dollars 59 |
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84 | 94 | | for grants-in-aid to not more than two minority business development 60 |
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85 | 95 | | entities in each of the fiscal years ending June 30, 2016, to June 30, 2020, 61 |
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86 | 96 | | inclusive, for the purpose of establishing and administering minority 62 |
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87 | 97 | | business revolving loan funds. Moneys from such funds shall be used 63 |
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88 | 98 | | to (A) provide loans to eligible small businesses, and (B) fund the 64 |
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89 | 99 | | administrative costs associated with the provision of such loans by a 65 |
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90 | 100 | | minority business development entity, provided a minority business 66 |
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91 | 101 | | development entity may not use more than ten per cent of the amount 67 |
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92 | 102 | | received as a grant under this section to fund such costs. Such loans shall 68 |
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93 | 103 | | be used for acquisition or purchase of machinery and equipment, 69 |
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94 | 104 | | construction or leasehold improvements, relocation expenses, working 70 |
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95 | 105 | | capital, which may be used for payment of rent, or other business-71 |
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96 | 106 | | related expenses, as authorized by the minority business development 72 |
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97 | 107 | | entity. 73 |
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98 | 108 | | (3) Loans from a minority business revolving loan fund may be in 74 |
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99 | 109 | | amounts from ten thousand dollars to a maximum of five hundred 75 |
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100 | 110 | | thousand dollars, shall carry a maximum repayment rate of four per 76 |
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101 | 111 | | cent and shall be for a term of not more than ten years. The minority 77 |
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102 | 112 | | business development entity shall review and approve loan terms, 78 |
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103 | 113 | | conditions and collateral requirements in a manner that prioritizes job 79 |
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104 | 114 | | growth and retention. 80 |
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131 | | - | program a revolving loan fund to provide loans to eligible disabled 103 |
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132 | | - | veteran-owned businesses. As used in this subsection, (A) "disabled 104 |
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133 | | - | veteran" means a veteran, as defined in section 27-103, who has a 105 |
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134 | | - | disability rating of at least thirty per cent, as determined by the United 106 |
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135 | | - | States Department of Veterans Affairs; and (B) "disabled veteran-owned 107 |
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136 | | - | business" means a small business of which greater than fifty per cent is 108 |
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137 | | - | owned by one or more disabled veterans. 109 |
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138 | | - | (2) Notwithstanding the provisions of section 32-7h, as amended by 110 |
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139 | | - | this act, the commissioner shall utilize, of the available funding under 111 |
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140 | | - | the Small Business Express program, a total of two million dollars in 112 |
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141 | | - | each of the fiscal years ending June 30, 2026, to June 30, 2030, inclusive, 113 |
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142 | | - | for the purpose of establishing and administering a disabled veteran 114 |
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143 | | - | business revolving loan fund. Moneys from such fund shall be used to 115 |
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144 | | - | (A) provide loans to eligible disabled veteran-owned businesses that 116 |
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145 | | - | have been formed for at least three years, as reflected in the records of 117 Substitute Bill No. 6767 |
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| 142 | + | program at least one revolving loan fund to provide loans to eligible 103 |
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| 143 | + | disabled veteran-owned businesses. As used in this subsection, (A) 104 |
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| 144 | + | "disabled veteran business development entity" means a nonprofit 105 |
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| 145 | + | organization (i) having a lending portfolio on or before July 1, 2025, from 106 |
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| 146 | + | which at least seventy-five per cent of lending is provided to disabled 107 |
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| 147 | + | veteran-owned businesses state-wide; and (ii) that provided technical 108 |
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| 148 | + | assistance on or before July 1, 2025, provided at least seventy-five per 109 |
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| 149 | + | cent of such assistance was provided to disabled veteran-owned 110 |
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| 150 | + | businesses state-wide; (B) "disabled veteran" means a veteran, as 111 |
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| 151 | + | defined in section 27-103, who has a disability rating of at least thirty 112 |
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| 152 | + | Committee Bill No. 6767 |
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150 | | - | the Commercial Recording Division of the office of the Secretary of the 118 |
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151 | | - | State, prior to the provision of any such loan, and (B) fund the 119 |
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152 | | - | administrative costs associated with the provision of such loans by the 120 |
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153 | | - | Department of Economic and Community Development, provided the 121 |
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154 | | - | department may not use more than ten per cent of such moneys to fund 122 |
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155 | | - | such costs. Such loans shall be used for acquisition or purchase of 123 |
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156 | | - | machinery and equipment, construction or leasehold improvements, 124 |
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157 | | - | relocation expenses, working capital, which may be used for payment 125 |
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158 | | - | of rent, or other business-related expenses, as prescribed by the 126 |
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159 | | - | commissioner. 127 |
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160 | | - | (3) Loans from a disabled veteran business revolving loan fund may 128 |
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161 | | - | be in amounts from ten thousand dollars to a maximum of five hundred 129 |
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162 | | - | thousand dollars, shall carry a maximum repayment rate of four per 130 |
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163 | | - | cent and shall be for a term of not more than ten years. The 131 |
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164 | | - | commissioner shall review and approve loan terms, conditions and 132 |
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165 | | - | collateral requirements in a manner that prioritizes job growth and 133 |
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166 | | - | retention. 134 |
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167 | | - | (4) Any eligible disabled veteran-owned business may apply for 135 |
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168 | | - | assistance from a disabled veteran business revolving loan fund, 136 |
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169 | | - | provided the commissioner shall give priority to applicants that, as part 137 |
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170 | | - | of their business plan, are creating new jobs that will be maintained for 138 |
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171 | | - | not less than twelve consecutive months. 139 |
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172 | | - | (5) Loans from a disabled veteran business revolving loan fund shall 140 |
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173 | | - | be provided in such a manner that, on or before five years after the date 141 |
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174 | | - | such loan fund is established, the annual funds or revenues derived 142 |
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175 | | - | from investment income, loan repayments or any other sources received 143 |
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176 | | - | by the Department of Economic and Community Development in 144 |
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177 | | - | connection with such loan fund is sufficient to fund the administrative 145 |
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178 | | - | costs associated with such loan fund. 146 |
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179 | | - | [(e)] (f) The commissioner, in consultation with representatives from 147 |
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180 | | - | Connecticut-based banks and a banking industry association, may 148 |
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181 | | - | establish as part of the Small Business Express program a component 149 Substitute Bill No. 6767 |
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| 157 | + | per cent, as determined by the United States Department of Veterans 113 |
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| 158 | + | Affairs; and (C) "disabled veteran-owned business" means a small 114 |
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| 159 | + | business of which greater than fifty per cent is owned by one or more 115 |
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| 160 | + | disabled veterans. 116 |
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| 161 | + | (2) Notwithstanding the provisions of section 32-7h, as amended by 117 |
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| 162 | + | this act, the commissioner shall allocate from the available funding 118 |
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| 163 | + | under the Small Business Express program a total of two million dollars 119 |
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| 164 | + | for grants-in-aid to not more than two disabled veteran business 120 |
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| 165 | + | development entities in each of the fiscal years ending June 30, 2026, to 121 |
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| 166 | + | June 30, 2030, inclusive, for the purpose of establishing and 122 |
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| 167 | + | administering disabled veteran business revolving loan funds. Moneys 123 |
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| 168 | + | from such funds shall be used to (A) provide loans to eligible disabled 124 |
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| 169 | + | veteran-owned businesses that have been formed for at least three years, 125 |
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| 170 | + | as reflected in the records of the Commercial Recording Division of the 126 |
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| 171 | + | office of the Secretary of the State, prior to the provision of any such 127 |
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| 172 | + | loan, and (B) fund the administrative costs associated with the provision 128 |
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| 173 | + | of such loans by a disabled veteran business development entity, 129 |
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| 174 | + | provided a disabled veteran business development entity may not use 130 |
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| 175 | + | more than ten per cent of the amount received as a grant under this 131 |
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| 176 | + | section to fund such costs. Such loans shall be used for acquisition or 132 |
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| 177 | + | purchase of machinery and equipment, construction or leasehold 133 |
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| 178 | + | improvements, relocation expenses, working capital, which may be 134 |
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| 179 | + | used for payment of rent, or other business-related expenses, as 135 |
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| 180 | + | authorized by the disabled veteran business development entity. 136 |
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| 181 | + | (3) Loans from a disabled veteran business revolving loan fund may 137 |
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| 182 | + | be in amounts from ten thousand dollars to a maximum of five hundred 138 |
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| 183 | + | thousand dollars, shall carry a maximum repayment rate of four per 139 |
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| 184 | + | cent and shall be for a term of not more than ten years. The disabled 140 |
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| 185 | + | veteran business development entity shall review and approve loan 141 |
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| 186 | + | terms, conditions and collateral requirements in a manner that 142 |
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| 187 | + | prioritizes job growth and retention. 143 |
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| 188 | + | (4) Any eligible disabled veteran-owned business may apply for 144 |
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| 189 | + | Committee Bill No. 6767 |
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186 | | - | operated in collaboration with Connecticut-based banks, which may 150 |
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187 | | - | include, but need not be limited to, loan guarantees, short-term loans 151 |
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188 | | - | used as a bridge to private sector financing and the transfer of loans 152 |
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189 | | - | issued under subsection (c) of this section. Any loans issued under such 153 |
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190 | | - | component shall be used for acquisition or purchase of machinery and 154 |
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191 | | - | equipment, construction or leasehold improvements, relocation 155 |
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192 | | - | expenses, working capital, which may be used for payment of rent, or 156 |
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193 | | - | other business-related expenses, as authorized by the commissioner. 157 |
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194 | | - | The provisions of subsections (c), [and] (d) and (e) of this section shall 158 |
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195 | | - | not be construed to apply to such component. Such component shall be 159 |
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196 | | - | administered by Connecticut Innovations, Incorporated, in 160 |
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197 | | - | collaboration with the Department of Economic and Community 161 |
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198 | | - | Development. For purposes of this section, "Connecticut-based banks" 162 |
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199 | | - | means banks and out-of-state banks, each as defined in section 36a-2, 163 |
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200 | | - | having deposit-taking branches in the state. 164 |
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201 | | - | [(f)] (g) The commissioner, in consultation with Connecticut 165 |
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202 | | - | Innovations, Incorporated, may establish as part of the Small Business 166 |
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203 | | - | Express program a component operated in collaboration with 167 |
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204 | | - | Connecticut Innovations, Incorporated, which may include, but need 168 |
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205 | | - | not be limited to, financial assistance consistent with the provisions and 169 |
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206 | | - | purposes of sections 32-23e, 32-23ii and 32-265. Such component may be 170 |
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207 | | - | administered by Connecticut Innovations, Incorporated, in 171 |
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208 | | - | collaboration with the Department of Economic and Community 172 |
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209 | | - | Development. 173 |
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210 | | - | [(g)] (h) Not later than February 1, 2022, and annually thereafter, the 174 |
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211 | | - | commissioner shall provide a report, in accordance with the provisions 175 |
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212 | | - | of section 11-4a, to the joint standing committees of the General 176 |
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213 | | - | Assembly having cognizance of matters relating to finance, revenue and 177 |
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214 | | - | bonding, appropriations, commerce and labor. Such report shall include 178 |
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215 | | - | available data on (1) the number of small businesses that received 179 |
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216 | | - | assistance under the Small Business Express program and the general 180 |
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217 | | - | categories of such businesses, (2) the amounts and types of assistance 181 |
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218 | | - | provided, (3) the total number of jobs on the date of application and the 182 |
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219 | | - | number proposed to be created or retained, (4) the most recent 183 Substitute Bill No. 6767 |
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| 194 | + | assistance from a disabled veteran business revolving loan fund, 145 |
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| 195 | + | provided the disabled veteran business development entity shall give 146 |
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| 196 | + | priority to applicants that, as part of their business plan, are creating 147 |
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| 197 | + | new jobs that will be maintained for not less than twelve consecutive 148 |
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| 198 | + | months. 149 |
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| 199 | + | (5) Loans from a disabled veteran business revolving loan fund shall 150 |
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| 200 | + | be provided in such a manner that, on or before five years after the date 151 |
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| 201 | + | such loan fund is established, the annual funds or revenues derived 152 |
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| 202 | + | from investment income, loan repayments or any other sources received 153 |
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| 203 | + | by the disabled veteran business development entity in connection with 154 |
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| 204 | + | such loan fund is sufficient to fund the administrative costs associated 155 |
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| 205 | + | with such loan fund. 156 |
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| 206 | + | (6) A disabled veteran business development entity receiving a grant 157 |
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| 207 | + | pursuant to this subsection shall annually submit to the commissioner a 158 |
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| 208 | + | financial audit of grant expenditures until all grant moneys have been 159 |
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| 209 | + | expended by such entity. Any such audit shall be prepared by an 160 |
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| 210 | + | independent auditor and if the commissioner finds that any such grant 161 |
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| 211 | + | is used for purposes that are not in conformity with uses set forth in 162 |
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| 212 | + | subdivisions (2) and (3) of this subsection, the commissioner may 163 |
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| 213 | + | require repayment of such grant. 164 |
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| 214 | + | [(e)] (f) The commissioner, in consultation with representatives from 165 |
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| 215 | + | Connecticut-based banks and a banking industry association, may 166 |
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| 216 | + | establish as part of the Small Business Express program a component 167 |
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| 217 | + | operated in collaboration with Connecticut-based banks, which may 168 |
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| 218 | + | include, but need not be limited to, loan guarantees, short-term loans 169 |
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| 219 | + | used as a bridge to private sector financing and the transfer of loans 170 |
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| 220 | + | issued under subsection (c) of this section. Any loans issued under such 171 |
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| 221 | + | component shall be used for acquisition or purchase of machinery and 172 |
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| 222 | + | equipment, construction or leasehold improvements, relocation 173 |
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| 223 | + | expenses, working capital, which may be used for payment of rent, or 174 |
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| 224 | + | other business-related expenses, as authorized by the commissioner. 175 |
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| 225 | + | The provisions of subsections (c), [and] (d) and (e) of this section shall 176 |
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| 226 | + | Committee Bill No. 6767 |
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224 | | - | employment figures of the small businesses receiving assistance, (5) the 184 |
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225 | | - | default rate of small businesses that received assistance under said 185 |
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226 | | - | program, and (6) the progress of the lenders participating in said 186 |
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227 | | - | program in becoming self-sustainable. The contents of such report shall 187 |
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228 | | - | also be included in the department's annual report. 188 |
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229 | | - | [(h)] (i) The commissioner may contract with nongovernmental 189 |
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230 | | - | entities, including, but not limited to, nonprofit organizations, economic 190 |
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231 | | - | and community development organizations, lending institutions, and 191 |
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232 | | - | technical assistance providers to carry out the provisions of this section. 192 |
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233 | | - | Sec. 2. Section 32-7h of the general statutes is repealed and the 193 |
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234 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 194 |
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235 | | - | (a) There is established an account to be known as the "small business 195 |
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236 | | - | express assistance account" which will be a separate, nonlapsing 196 |
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237 | | - | account within the General Fund. The account shall contain any moneys 197 |
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238 | | - | required by law to be deposited in the account. Repayment of principal 198 |
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239 | | - | and interest on loans shall be credited to such fund and shall become 199 |
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240 | | - | part of the assets of the fund. Moneys in the account shall be expended 200 |
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241 | | - | by the Department of Economic and Community Development for the 201 |
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242 | | - | purposes of the Small Business Express program established pursuant 202 |
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243 | | - | to section 32-7g, as amended by this act. Except as provided in 203 |
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244 | | - | [subsection (d)] subsections (d) and (e) of section 32-7g, as amended by 204 |
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245 | | - | this act, all moneys received for the purposes of the Small Business 205 |
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246 | | - | Express program and payments of principal and interest on any loans 206 |
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247 | | - | given under said program shall be credited to the account. 207 |
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248 | | - | (b) Except as provided in [subsection (d)] subsections (d) and (e) of 208 |
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249 | | - | section 32-7g, as amended by this act, the Commissioner of Economic 209 |
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250 | | - | and Community Development may provide for the payment of any 210 |
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251 | | - | administrative expenses or other costs incurred by the department or its 211 |
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252 | | - | lender partners in carrying out the purposes of the Small Business 212 |
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253 | | - | Express program not to exceed five per cent of funding from this 213 |
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254 | | - | program from the account established pursuant to subsection (a) of this 214 |
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255 | | - | section, provided one per cent shall be dedicated to develop capacity for 215 Substitute Bill No. 6767 |
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| 231 | + | not be construed to apply to such component. Such component shall be 177 |
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| 232 | + | administered by Connecticut Innovations, Incorporated, in 178 |
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| 233 | + | collaboration with the Department of Economic and Community 179 |
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| 234 | + | Development. For purposes of this section, "Connecticut-based banks" 180 |
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| 235 | + | means banks and out-of-state banks, each as defined in section 36a-2, 181 |
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| 236 | + | having deposit-taking branches in the state. 182 |
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| 237 | + | [(f)] (g) The commissioner, in consultation with Connecticut 183 |
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| 238 | + | Innovations, Incorporated, may establish as part of the Small Business 184 |
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| 239 | + | Express program a component operated in collaboration with 185 |
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| 240 | + | Connecticut Innovations, Incorporated, which may include, but need 186 |
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| 241 | + | not be limited to, financial assistance consistent with the provisions and 187 |
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| 242 | + | purposes of sections 32-23e, 32-23ii and 32-265. Such component may be 188 |
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| 243 | + | administered by Connecticut Innovations, Incorporated, in 189 |
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| 244 | + | collaboration with the Department of Economic and Community 190 |
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| 245 | + | Development. 191 |
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| 246 | + | [(g)] (h) Not later than February 1, 2022, and annually thereafter, the 192 |
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| 247 | + | commissioner shall provide a report, in accordance with the provisions 193 |
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| 248 | + | of section 11-4a, to the joint standing committees of the General 194 |
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| 249 | + | Assembly having cognizance of matters relating to finance, revenue and 195 |
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| 250 | + | bonding, appropriations, commerce and labor. Such report shall include 196 |
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| 251 | + | available data on (1) the number of small businesses that received 197 |
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| 252 | + | assistance under the Small Business Express program and the general 198 |
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| 253 | + | categories of such businesses, (2) the amounts and types of assistance 199 |
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| 254 | + | provided, (3) the total number of jobs on the date of application and the 200 |
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| 255 | + | number proposed to be created or retained, (4) the most recent 201 |
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| 256 | + | employment figures of the small businesses receiving assistance, (5) the 202 |
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| 257 | + | default rate of small businesses that received assistance under said 203 |
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| 258 | + | program, and (6) the progress of the lenders participating in said 204 |
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| 259 | + | program in becoming self-sustainable. The contents of such report shall 205 |
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| 260 | + | also be included in the department's annual report. 206 |
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| 261 | + | [(h)] (i) The commissioner may contract with nongovernmental 207 |
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| 262 | + | entities, including, but not limited to, nonprofit organizations, economic 208 |
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| 263 | + | Committee Bill No. 6767 |
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260 | | - | capital construction projects for minority business enterprises. 216 |
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| 268 | + | and community development organizations, lending institutions, and 209 |
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| 269 | + | technical assistance providers to carry out the provisions of this section. 210 |
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| 270 | + | Sec. 2. Section 32-7h of the general statutes is repealed and the 211 |
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| 271 | + | following is substituted in lieu thereof (Effective July 1, 2025): 212 |
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| 272 | + | (a) There is established an account to be known as the "small business 213 |
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| 273 | + | express assistance account" which will be a separate, nonlapsing 214 |
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| 274 | + | account within the General Fund. The account shall contain any moneys 215 |
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| 275 | + | required by law to be deposited in the account. Repayment of principal 216 |
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| 276 | + | and interest on loans shall be credited to such fund and shall become 217 |
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| 277 | + | part of the assets of the fund. Moneys in the account shall be expended 218 |
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| 278 | + | by the Department of Economic and Community Development for the 219 |
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| 279 | + | purposes of the Small Business Express program established pursuant 220 |
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| 280 | + | to section 32-7g, as amended by this act. Except as provided in 221 |
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| 281 | + | [subsection (d)] subsections (d) and (e) of section 32-7g, as amended by 222 |
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| 282 | + | this act, all moneys received for the purposes of the Small Business 223 |
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| 283 | + | Express program and payments of principal and interest on any loans 224 |
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| 284 | + | given under said program shall be credited to the account. 225 |
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| 285 | + | (b) Except as provided in [subsection (d)] subsections (d) and (e) of 226 |
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| 286 | + | section 32-7g, as amended by this act, the Commissioner of Economic 227 |
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| 287 | + | and Community Development may provide for the payment of any 228 |
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| 288 | + | administrative expenses or other costs incurred by the department or its 229 |
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| 289 | + | lender partners in carrying out the purposes of the Small Business 230 |
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| 290 | + | Express program not to exceed five per cent of funding from this 231 |
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| 291 | + | program from the account established pursuant to subsection (a) of this 232 |
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| 292 | + | section, provided one per cent shall be dedicated to develop capacity for 233 |
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| 293 | + | capital construction projects for minority business enterprises. 234 |
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