4 | 3 | | |
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5 | 4 | | HOUSE BILL 952 |
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6 | 5 | | By Brooks |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0952 |
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10 | 9 | | 001149 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 4, |
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14 | 13 | | Chapter 3, Part 7 and Title 67, Chapter 4, relative |
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15 | 14 | | to the "Small Business Growth and Empowerment |
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16 | 15 | | Act." |
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17 | 16 | | |
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18 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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19 | 18 | | SECTION 1. This act is known and may be cited as the "Small Business Growth and |
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20 | 19 | | Empowerment Act." |
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21 | 20 | | SECTION 2. Tennessee Code Annotated, Title 4, Chapter 3, Part 7, is amended by |
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22 | 21 | | adding the following as a new section: |
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23 | 22 | | 4-3-722. Small business growth and empowerment fund – grants. |
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24 | 23 | | (a) The small business growth and empowerment fund is established as a |
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25 | 24 | | separate account in the general fund. |
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26 | 25 | | (b) The small business growth and empowerment fund is to be composed of: |
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27 | 26 | | (1) Funds appropriated by the general assembly for the fund; and |
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28 | 27 | | (2) Gifts, grants, and other donations received by the department of |
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29 | 28 | | economic and community development for the fund. |
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30 | 29 | | (c) Moneys in the small business growth and empowerment fund may be used |
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31 | 30 | | by the department of economic and community development for program administration, |
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32 | 31 | | marketing expenses, and program evaluation; provided, however, such expenses must |
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33 | 32 | | not exceed five percent (5%) of the total amount appropriated for the program in any |
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34 | 33 | | fiscal year. |
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42 | 41 | | (e) Moneys in the small business growth and empowerment fund must be |
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43 | 42 | | invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of |
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44 | 43 | | the fund, and interest accruing on investments and deposits of the fund must be returned |
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45 | 44 | | to and remain part of the fund. |
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46 | 45 | | (f) To the extent practicable, moneys from the small business growth and |
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47 | 46 | | empowerment fund must be spent in all three (3) grand divisions of the state. |
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48 | 47 | | (g) New commitments made by the commissioner of economic and community |
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49 | 48 | | development for grants from the small business growth and empowerment fund must not |
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50 | 49 | | exceed the appropriations made for the purposes of the program. In each fiscal year, |
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51 | 50 | | the fund must be managed so that actual expenditures and obligations to be recognized |
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52 | 51 | | at the end of the fiscal year do not exceed any available reserves and appropriations of |
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53 | 52 | | the programs. |
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54 | 53 | | (h) |
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55 | 54 | | (1) At least quarterly, the commissioner of economic and community |
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56 | 55 | | development shall report to the commissioner of finance and administration the |
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57 | 56 | | status of the commitments from the small business growth and empowerment |
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58 | 57 | | fund. The report must include at least the following information: |
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59 | 58 | | (A) The amount of each commitment accepted since the previous |
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60 | 59 | | report; |
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61 | 60 | | (B) The applicant receiving the benefit of each commitment; |
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62 | 61 | | (C) The total outstanding commitments; and |
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63 | 62 | | (D) The total unobligated balance. |
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71 | 70 | | (i) Grants from the small business growth and empowerment fund may be made |
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72 | 71 | | in all counties where the commissioner of economic and community development |
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73 | 72 | | determines that the grants will have a direct impact on employment and investment |
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74 | 73 | | opportunities for minority-owned and women-owned businesses in underserved areas. |
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75 | 74 | | (j) Grants from the small business growth and empowerment fund may be made |
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76 | 75 | | only to local governments or their economic development organizations, other political |
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77 | 76 | | subdivisions of the state, any subdivision of state government, or to not-for-profit |
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78 | 77 | | organizations. |
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79 | 78 | | (k) Grants from the small business growth and empowerment fund must be used |
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80 | 79 | | to facilitate economic development activities for minority-owned and women-owned |
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81 | 80 | | businesses in underserved areas or in a manner that directly impacts minority-owned |
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82 | 81 | | and women-owned businesses in underserved areas. These activities include: |
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83 | 82 | | (1) Site development activities; |
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84 | 83 | | (2) Infrastructure activities; |
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85 | 84 | | (3) Tourism-related activities; |
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86 | 85 | | (4) Planning activities; |
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87 | 86 | | (5) Training and mentoring activities; |
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88 | 87 | | (6) Entrepreneurship activities; |
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89 | 88 | | (7) Significant technological improvements; or |
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90 | 89 | | (8) Other economic development activities determined by the |
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91 | 90 | | commissioner of economic and community development to have a beneficial |
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92 | 91 | | impact on the economy of this state. |
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99 | 98 | | (1) The name of each small business growth and empowerment fund |
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100 | 99 | | grant recipient; |
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101 | 100 | | (2) The amount of each fund grant; and |
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102 | 101 | | (3) A description of the project to be funded by each fund grant. |
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103 | 102 | | (m) For purposes of this section: |
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104 | 103 | | (1) "Minority-owned business" means a business that is a continuing, |
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105 | 104 | | independent, for-profit business that performs a commercially useful function, |
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106 | 105 | | and is at least fifty-one percent (51%) owned and controlled by one (1) or more |
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107 | 106 | | minority individuals who are impeded from normal entry into the economic |
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108 | 107 | | mainstream because of past practices of discrimination based on race or ethnic |
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109 | 108 | | background; |
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110 | 109 | | (2) "Underserved area" includes communities that have difficulty |
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111 | 110 | | accessing resources to start and grow businesses, including inner-city areas, |
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112 | 111 | | rural areas, and communities with historically high barriers to capital and credit; |
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113 | 112 | | and |
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114 | 113 | | (3) "Woman-owned business" means a business that is a continuing, |
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115 | 114 | | independent, for-profit business that performs a commercially useful function, |
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116 | 115 | | and is at least fifty-one percent (51%) owned and controlled by one (1) or more |
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117 | 116 | | women; or, in the case of any publicly owned business, at least fifty-one percent |
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118 | 117 | | (51%) of the stock of which is owned and controlled by one (1) or more women |
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119 | 118 | | and whose management and daily business operations are under the control of |
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120 | 119 | | one (1) or more women. |
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127 | 126 | | (1) A qualifying small business that files and pays the tax imposed by this part |
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128 | 127 | | may take a credit equal to fifty percent (50%) of the taxpayer's liability as calculated in § |
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129 | 128 | | 67-4-709. |
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130 | 129 | | (2) A small business qualifies for the credit described in subdivision (c)(1) if: |
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131 | 130 | | (A) The business: |
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132 | 131 | | (i) Complies with a local and targeted hiring policy that the |
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133 | 132 | | business develops and implements in which at least fifty percent (50%) of |
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134 | 133 | | the persons employed reside in the community, municipality, or county in |
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135 | 134 | | which the business operates; or |
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136 | 135 | | (ii) Provides workforce training approved by the department of |
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137 | 136 | | economic and community development to its employees; |
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138 | 137 | | (B) The business applies for and receives certification from the |
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139 | 138 | | department of economic and community development that the business meets |
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140 | 139 | | the qualifications under this subdivision (c)(2) for each year in which the credit is |
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141 | 140 | | sought. The department shall review applications submitted by small businesses |
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142 | 141 | | and issue certifications as appropriate; and |
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143 | 142 | | (C) The business submits proof of its certification from the department of |
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144 | 143 | | economic and community development to the department of revenue when it files |
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145 | 144 | | and pays the tax imposed by this part. |
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146 | 145 | | (3) For purposes of this subsection (c), "small business" means a business that |
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147 | 146 | | is a continuing, independent, for-profit business that performs a commercially useful |
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148 | 147 | | function with residence in this state and has total gross receipts of not more than one |
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155 | 154 | | SECTION 4. The heading in this act is for reference purposes only and does not |
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156 | 155 | | constitute a part of the law enacted by this act. However, the Tennessee Code Commission is |
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157 | 156 | | requested to include the heading in any compilation or publication containing this act. |
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158 | 157 | | SECTION 5. For purposes of promulgating forms or rules, this act takes effect upon |
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159 | 158 | | becoming a law, the public welfare requiring it. For all other purposes, Sections 2 and 4 of this |
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160 | 159 | | act take effect July 1, 2025, the public welfare requiring it. For all other purposes, Section 3 of |
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161 | 160 | | this act takes effect January 1, 2026, the public welfare requiring it, and applies to tax years |
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162 | 161 | | beginning on or after that date. |
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