Georgia 2025-2026 Regular Session

Georgia House Bill HB286 Compare Versions

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11 25 LC 50 1031
22 House Bill 286
33 By: Representatives Neal of the 79
44 th
55 , Powell of the 33
66 rd
77 , Carpenter of the 4
88 th
99 , Stephens of the
1010 164
1111 th
1212 , Gambill of the 15
1313 th
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the
1818 1
1919 Seed-Capital Fund, so as to create a subfund to provide startup capital to certain small2
2020 businesses that are majority owned by students or graduates of a small business program of3
2121 study of TCSG; to provide for terms and conditions; to provide for conforming changes; to4
2222 provide for definitions; to provide for related matters; to repeal conflicting laws; and for5
2323 other purposes.6
2424 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
2525 SECTION 1.8
2626 Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the9
2727 Seed-Capital Fund, is amended by revising subsection (a) of Code Section 10-10-3, relating10
2828 to administration of fund, equity contributions, and disbursements, as follows:11
2929 "(a) The fund is created as a separate fund maintained by the board or a body designated12
3030 by the board and shall be expended only as provided in this article. Pending their use as
3131 13
3232 equity contributions or as loans pursuant to this chapter, the moneys in the fund may be14
3333 invested and reinvested in accordance with the investment policies authorized by the board15
3434 or its designee. The entire cost of administration of the fund, including expenses of the16
3535 H. B. 286
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3737 center incurred in connection with the creation, operation, management, liquidation, and
3838 17
3939 investment of fund moneys in enterprises, directly or through investment entities, may be18
4040 paid from the assets of the fund. All moneys appropriated to or otherwise paid into the19
4141 fund shall be presumptively concluded to have been committed to the purpose for which20
4242 they have been appropriated or paid and shall not lapse."21
4343 SECTION 2.22
4444 Said chapter is further amended by adding a new Code section to read as follows:23
4545 "10-10-8.
4646 24
4747 (a) As used in this Code section, the term:25
4848 (1) 'Program entrepreneur' means any student currently enrolled in or any graduate of a26
4949 small business program.27
5050 (2) 'Small business' means any corporation, partnership, sole proprietorship, or other28
5151 business entity which is organized under the laws of this state and which:29
5252 (A) Is owned 51 percent or more by one or more program entrepreneurs;30
5353 (B) Is not dominant in its field;31
5454 (C) Has been in operation for less than ten total years; and32
5555 (D) Is engaged in innovative work in the area of technology, manufacturing, or33
5656 agriculture.34
5757 (3) 'Small business program' means any program of study established by TSCG or a unit35
5858 of TCSG to provide education, training, and technical assistance to program36
5959 entrepreneurs.37
6060 (4) 'Startup capital' means money provided to a small business pursuant to this Code38
6161 section to be used exclusively for costs directly incurred in the normal course of starting39
6262 and operating a business.40
6363 (5) 'Subfund' means the small business innovation startup capital subfund created in41
6464 subsection (b) of this Code section.42
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6767 (6) 'TCSG' means the Technical College System of Georgia.43
6868 (b) There is created within the fund the small business innovation startup capital subfund.44
6969 The subfund shall consist of all moneys authorized by law for deposit in the fund,45
7070 including, but not limited to, gifts, grants, private donations, and funds from government46
7171 entities. Moneys in the subfund shall be invested in the same manner as moneys in the47
7272 fund, and any interest earned on the investment of moneys in the subfund shall be credited48
7373 to the subfund. Moneys appropriated to or otherwise deposited into the subfund shall be49
7474 used exclusively for the purposes of administering the subfund and providing startup50
7575 capital to small businesses.51
7676 (c) The center may, in cooperation with TCSG, disburse money from the subfund to52
7777 provide startup capital to small businesses, provided that:53
7878 (1) The small business meets the conditions of this Code section and any requirements54
7979 established by the center and TCSG pursuant to this Code section;55
8080 (2) The center and TCSG approve a completed application submitted by the small56
8181 business that contains:57
8282 (A) A detailed business plan, including detailed descriptions of the business, its58
8383 products and services, and its management and operation; market analysis; and59
8484 financial projections;60
8585 (B) A statement of the amount, timing, and projected use of the startup capital;61
8686 (C) A statement demonstrating the potential economic and public impact of the small62
8787 business;63
8888 (D) A statement demonstrating how the small business is engaged in innovative work64
8989 in the area of technology, manufacturing, or agriculture; and65
9090 (E) Such other information as the center or TCSG shall require; and66
9191 (3) The center and TCSG find, based upon the application submitted by the small67
9292 business and such additional investigation as the center and TCSG shall make and68
9393 incorporate in its records, that:69
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9696 (A) The startup capital will be used only for costs directly incurred in the normal70
9797 course of starting and operating a small business;71
9898 (B) The small business has a reasonable chance of success;72
9999 (C) The startup capital will be instrumental to the success of the small business and its73
100100 retention within this state;74
101101 (D) The program entrepreneur and other founders of the small business have already75
102102 made or are contractually committed to make a substantial financial or time76
103103 commitment to the small business; and77
104104 (E) The state will secure a return on the investment of the startup capital in the form78
105105 of establishment and growth of an innovative business in this state that will create new,79
106106 value added products, processes, or services, and encouragement of further growth and80
107107 diversification of and investment in the economy of this state.81
108108 (d) The center, in cooperation with TCSG, shall establish guidelines and procedures to82
109109 administer the provisions of this Code section."83
110110 SECTION 3.84
111111 All laws and parts of laws in conflict with this Act are repealed.85
112112 H. B. 286
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