1 | 1 | | 25 LC 50 1031 |
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2 | 2 | | House Bill 286 |
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3 | 3 | | By: Representatives Neal of the 79 |
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4 | 4 | | th |
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5 | 5 | | , Powell of the 33 |
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6 | 6 | | rd |
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7 | 7 | | , Carpenter of the 4 |
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8 | 8 | | th |
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9 | 9 | | , Stephens of the |
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10 | 10 | | 164 |
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11 | 11 | | th |
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12 | 12 | | , Gambill of the 15 |
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13 | 13 | | th |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the |
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18 | 18 | | 1 |
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19 | 19 | | Seed-Capital Fund, so as to create a subfund to provide startup capital to certain small2 |
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20 | 20 | | businesses that are majority owned by students or graduates of a small business program of3 |
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21 | 21 | | study of TCSG; to provide for terms and conditions; to provide for conforming changes; to4 |
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22 | 22 | | provide for definitions; to provide for related matters; to repeal conflicting laws; and for5 |
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23 | 23 | | other purposes.6 |
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24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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25 | 25 | | SECTION 1.8 |
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26 | 26 | | Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the9 |
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27 | 27 | | Seed-Capital Fund, is amended by revising subsection (a) of Code Section 10-10-3, relating10 |
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28 | 28 | | to administration of fund, equity contributions, and disbursements, as follows:11 |
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29 | 29 | | "(a) The fund is created as a separate fund maintained by the board or a body designated12 |
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30 | 30 | | by the board and shall be expended only as provided in this article. Pending their use as |
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31 | 31 | | 13 |
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32 | 32 | | equity contributions or as loans pursuant to this chapter, the moneys in the fund may be14 |
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33 | 33 | | invested and reinvested in accordance with the investment policies authorized by the board15 |
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34 | 34 | | or its designee. The entire cost of administration of the fund, including expenses of the16 |
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35 | 35 | | H. B. 286 |
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36 | 36 | | - 1 - 25 LC 50 1031 |
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37 | 37 | | center incurred in connection with the creation, operation, management, liquidation, and |
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38 | 38 | | 17 |
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39 | 39 | | investment of fund moneys in enterprises, directly or through investment entities, may be18 |
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40 | 40 | | paid from the assets of the fund. All moneys appropriated to or otherwise paid into the19 |
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41 | 41 | | fund shall be presumptively concluded to have been committed to the purpose for which20 |
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42 | 42 | | they have been appropriated or paid and shall not lapse."21 |
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43 | 43 | | SECTION 2.22 |
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44 | 44 | | Said chapter is further amended by adding a new Code section to read as follows:23 |
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45 | 45 | | "10-10-8. |
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46 | 46 | | 24 |
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47 | 47 | | (a) As used in this Code section, the term:25 |
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48 | 48 | | (1) 'Program entrepreneur' means any student currently enrolled in or any graduate of a26 |
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49 | 49 | | small business program.27 |
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50 | 50 | | (2) 'Small business' means any corporation, partnership, sole proprietorship, or other28 |
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51 | 51 | | business entity which is organized under the laws of this state and which:29 |
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52 | 52 | | (A) Is owned 51 percent or more by one or more program entrepreneurs;30 |
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53 | 53 | | (B) Is not dominant in its field;31 |
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54 | 54 | | (C) Has been in operation for less than ten total years; and32 |
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55 | 55 | | (D) Is engaged in innovative work in the area of technology, manufacturing, or33 |
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56 | 56 | | agriculture.34 |
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57 | 57 | | (3) 'Small business program' means any program of study established by TSCG or a unit35 |
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58 | 58 | | of TCSG to provide education, training, and technical assistance to program36 |
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59 | 59 | | entrepreneurs.37 |
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60 | 60 | | (4) 'Startup capital' means money provided to a small business pursuant to this Code38 |
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61 | 61 | | section to be used exclusively for costs directly incurred in the normal course of starting39 |
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62 | 62 | | and operating a business.40 |
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63 | 63 | | (5) 'Subfund' means the small business innovation startup capital subfund created in41 |
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64 | 64 | | subsection (b) of this Code section.42 |
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65 | 65 | | H. B. 286 |
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66 | 66 | | - 2 - 25 LC 50 1031 |
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67 | 67 | | (6) 'TCSG' means the Technical College System of Georgia.43 |
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68 | 68 | | (b) There is created within the fund the small business innovation startup capital subfund.44 |
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69 | 69 | | The subfund shall consist of all moneys authorized by law for deposit in the fund,45 |
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70 | 70 | | including, but not limited to, gifts, grants, private donations, and funds from government46 |
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71 | 71 | | entities. Moneys in the subfund shall be invested in the same manner as moneys in the47 |
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72 | 72 | | fund, and any interest earned on the investment of moneys in the subfund shall be credited48 |
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73 | 73 | | to the subfund. Moneys appropriated to or otherwise deposited into the subfund shall be49 |
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74 | 74 | | used exclusively for the purposes of administering the subfund and providing startup50 |
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75 | 75 | | capital to small businesses.51 |
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76 | 76 | | (c) The center may, in cooperation with TCSG, disburse money from the subfund to52 |
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77 | 77 | | provide startup capital to small businesses, provided that:53 |
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78 | 78 | | (1) The small business meets the conditions of this Code section and any requirements54 |
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79 | 79 | | established by the center and TCSG pursuant to this Code section;55 |
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80 | 80 | | (2) The center and TCSG approve a completed application submitted by the small56 |
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81 | 81 | | business that contains:57 |
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82 | 82 | | (A) A detailed business plan, including detailed descriptions of the business, its58 |
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83 | 83 | | products and services, and its management and operation; market analysis; and59 |
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84 | 84 | | financial projections;60 |
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85 | 85 | | (B) A statement of the amount, timing, and projected use of the startup capital;61 |
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86 | 86 | | (C) A statement demonstrating the potential economic and public impact of the small62 |
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87 | 87 | | business;63 |
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88 | 88 | | (D) A statement demonstrating how the small business is engaged in innovative work64 |
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89 | 89 | | in the area of technology, manufacturing, or agriculture; and65 |
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90 | 90 | | (E) Such other information as the center or TCSG shall require; and66 |
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91 | 91 | | (3) The center and TCSG find, based upon the application submitted by the small67 |
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92 | 92 | | business and such additional investigation as the center and TCSG shall make and68 |
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93 | 93 | | incorporate in its records, that:69 |
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94 | 94 | | H. B. 286 |
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95 | 95 | | - 3 - 25 LC 50 1031 |
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96 | 96 | | (A) The startup capital will be used only for costs directly incurred in the normal70 |
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97 | 97 | | course of starting and operating a small business;71 |
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98 | 98 | | (B) The small business has a reasonable chance of success;72 |
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99 | 99 | | (C) The startup capital will be instrumental to the success of the small business and its73 |
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100 | 100 | | retention within this state;74 |
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101 | 101 | | (D) The program entrepreneur and other founders of the small business have already75 |
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102 | 102 | | made or are contractually committed to make a substantial financial or time76 |
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103 | 103 | | commitment to the small business; and77 |
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104 | 104 | | (E) The state will secure a return on the investment of the startup capital in the form78 |
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105 | 105 | | of establishment and growth of an innovative business in this state that will create new,79 |
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106 | 106 | | value added products, processes, or services, and encouragement of further growth and80 |
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107 | 107 | | diversification of and investment in the economy of this state.81 |
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108 | 108 | | (d) The center, in cooperation with TCSG, shall establish guidelines and procedures to82 |
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109 | 109 | | administer the provisions of this Code section."83 |
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110 | 110 | | SECTION 3.84 |
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111 | 111 | | All laws and parts of laws in conflict with this Act are repealed.85 |
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112 | 112 | | H. B. 286 |
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113 | 113 | | - 4 - |
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