HLS 22RS-1041 REENGROSSED
2022 Regular Session
HOUSE BILL NO. 786
BY REPRESENTATIVES WILLARD, ADAMS, BACALA, CARRIER, DAVIS,
DUBUISSON, DUPLESSIS, FREEMAN, HILFERTY, ILLG, JORDAN, KERNER,
LYONS, MARCELLE, NELSON, NEWELL, PRESSLY, THOMAS, AND
THOMPSON
FUNDS/FUNDING: Establishes the Small Business Innovation Retention Fund
1 AN ACT
2To amend and reenact R.S. 51:2312(A)(1) and to enact R.S. 51:2401, relative to certain
3 small business grants; to provide for the authority of the Department of Economic
4 Development; to create the Small Business Innovation Retention Fund; to provide
5 for uses of monies in the fund; to provide for eligibility of applicants; and to provide
6 for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 51:2312(A)(1) is hereby amended and reenacted and R.S. 51:2401
9is hereby enacted to read as follows:
10 §2312. Powers and authority; duties
11 A. The corporation shall serve as the single review board for all financial
12 assistance, loans, incentives or inducements, customized workforce training,
13 investment programs, and any related appropriations, grants, or joint ventures
14 administered by the Department of Economic Development, excluding those
15 financial incentive programs administered by the State Board of Commerce and
16 Industry. The corporation shall formulate and implement the policies for the
17 delivery of services to obtain the following effects:
18 (1) The support of innovative private sector research and development
19 activities by Louisiana businesses intended to generate commercial products,
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1041 REENGROSSED
HB NO. 786
1 processes, or services by providing matching funds to those Louisiana small
2 businesses that will apply for or have received federal Small Business Innovative
3 Innovation Research (SBIR) Phase I or Small Business Technology Transfer (STTR)
4 grant funds, for such federal applications submitted or received after January 1,
5 2023.
6 * * *
7 §2401. Small Business Innovation Retention Fund; purpose; program administration
8 A. There is hereby created in the state treasury, as a special fund, the "Small
9 Business Innovation Retention Fund", hereinafter referred to as the "fund".
10 B. The monies in the fund shall be used to provide financial assistance to
11 certain Louisiana businesses that have received certain Small Business Innovation
12 Research, hereinafter referred to as "SBIR", or Small Business Technology Transfer,
13 hereinafter referred to as "STTR", federal grants.
14 C. After compliance with the requirements of Article VII, Section 9(B) of
15 the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
16 all monies received for the purpose of the fund shall be deposited into the fund.
17 D. Monies in the fund shall be invested in the same manner as monies in the
18 general fund. Interest earned on investment of monies in the fund shall be credited
19 to the fund. Unexpended and unencumbered monies in the fund at the end of the
20 fiscal year shall remain in the fund.
21 E. Subject to appropriation and the provisions of this Section, monies in the
22 fund shall be used by the Department of Economic Development, hereinafter referred
23 to in this Section as the "department", for awarding grants to selected applicants. The
24 department shall establish criteria for grant eligibility, provide for an application
25 process, and select eligible Louisiana business applicants to receive monies from the
26 fund.
27 F. Up to one million one hundred five thousand dollars shall be annually
28 disbursed from the fund as follows:
29 (1) Up to five hundred thousand dollars shall be allocated for Phase I SBIR
30 or STTR federal grant recipients. Each selected applicant shall receive an amount
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1041 REENGROSSED
HB NO. 786
1 equal to twenty-five percent of the Phase I SBIR or STTR federal grant the applicant
2 has received, not to exceed fifty thousand dollars per applicant.
3 (2) Up to five hundred thousand dollars shall be allocated for Phase II SBIR
4 or STTR federal recipients. Each selected applicant shall receive an amount equal
5 to twenty percent of the Phase II SBIR or STTR federal grant the applicant has
6 received, not to exceed one hundred thousand dollars per applicant.
7 (3) Up to one hundred five thousand dollars per year shall be allocated for
8 the department for as long as the department administers grants from the fund.
9 (4) Each grant awarded pursuant to this Section shall be divided into two
10 equal amounts and shall be disbursed to the selected applicant over a period of two
11 consecutive years.
12 Section 2. The provisions of Section 1 of this Act shall become effective when an
13Act of the Louisiana Legislature containing a specific appropriation of monies for the
14implementation of the provisions of this Act becomes effective.
15 Section 3. The provisions of Sections 2 and 3 of this Act shall become effective
16upon signature by the governor or, if not signed by the governor, upon expiration of the time
17for bills to become law without signature by the governor, as provided by Article III, Section
1818 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved
19by the legislature, the provisions of Sections 2 and 3 of this Act shall become effective on
20the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 786 Reengrossed 2022 Regular Session Willard
Abstract: Creates the Small Business Innovation Retention Fund for the purpose of
providing funds to certain La. business that have received certain federal grants.
Present law provides for the La. Economic Development Corporation (corporation) within
the Dept. of Economic Development (department) and provides for the powers and authority
of the corporation.
Present law provides that the corporation shall serve as the review board for certain financial
assistance programs for La. small businesses. Further provides that the corporation shall
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1041 REENGROSSED
HB NO. 786
provide support for certain activities by La. businesses to generate commercial products or
services by providing matching funds to businesses that received federal Small Business
Innovative Research Phase I grant funds.
Proposed law changes present law and provides that the corporation shall provide support
for activities by La. businesses to generate commercial products or services by providing
funds to businesses that applied for or received federal Small Business Innovation Research
(SBIR) or Small Business Technology Transfer Funds (STTR) grant funds for applications
submitted or received after Jan. 1, 2023.
Proposed law creates the "Small Business Innovation Retention Fund" (fund), as a special
fund in the state treasury. Further provides that monies in the fund shall be used to provide
financial assistance to certain La. businesses that have received SBIR or STTR federal
grants.
Proposed law requires all monies within the fund to comply with Article VII, Section 9(B)
of the Constitution of La. relative to the Bond Security and Redemption Fund.
Proposed law requires monies in the fund to be invested in the same manner as monies in
the general fund. Further provides interest earned on investment of monies be credited to
the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year
shall remain in the fund.
Proposed law provides that the department shall administer the fund and provide for the
disbursement of monies in the fund to eligible applicants in the form of grants. Further
provides the department shall establish criteria for grant eligibility, provide for an
application process, and select eligible applicants to receive the grants.
Proposed law provides up to $1,105,000 million shall be annually disbursed from the fund
as follows:
(1)Up to $500,000 per year shall be allocated for Phase I SBIR or STTR recipients.
Each selected applicant shall receive an amount equal to 25% of the applicant's
Phase I SBIR or STTR grant. These grants shall not exceed $50,000, per applicant.
(2)Up to $500,000 per year shall be allocated for Phase II SBIR or STTR recipients.
Each selected applicant shall receive an amount equal to 20% of the applicant's
Phase II SBIR or STTR grant. These grants shall not exceed $100,000 per applicant.
(3)Up to $105,000 per year for administrative expenses.
Proposed law provides that each grant shall be disbursed in equal amounts to the selected
applicants over a period of two consecutive years.
Effective upon appropriation of funds by the legislature.
(Amends R.S. 51:2312(A)(1); Adds R.S. 51:2401)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Change certain references from the La. Economic Development Corporation to
the Department of Economic Development.
2. Add an eligibility requirement that the federal application provided for in present
law is to be submitted or received prior to Jan. 1, 2023.
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1041 REENGROSSED
HB NO. 786
3. Move the duty of administering the fund from the La. Economic Development
Corporation and the La. Technology Transfer Office to the Department of
Economic Development.
4. Modify the disbursement amounts to allow for a lesser grant than the previously
mandated disbursement amounts.
5. Provide that the disbursement of funds is to occur annually.
6. Change the disbursement period from three years to two years.
7. Make technical changes.
The Committee Amendments Proposed by House Committee on Appropriations to the
engrossed bill:
1. Make technical changes.
2. Add provision requiring the Dept. of Economic Development to use monies in
the fund for awarding grants pursuant to proposed law.
3. Lower administrative cost allowed to be paid from the fund from $115,000 per
year to $105,000 per year.
4. Make effectiveness of proposed law subject to appropriation.
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.