Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0952 Compare Versions

OldNewDifferences
11
2-SENATE BILL 1185
3- By Akbari
2+<BillNo> <Sponsor>
43
54 HOUSE BILL 952
65 By Brooks
76
87
98 HB0952
109 001149
1110 - 1 -
1211
1312 AN ACT to amend Tennessee Code Annotated, Title 4,
1413 Chapter 3, Part 7 and Title 67, Chapter 4, relative
1514 to the "Small Business Growth and Empowerment
1615 Act."
1716
1817 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1918 SECTION 1. This act is known and may be cited as the "Small Business Growth and
2019 Empowerment Act."
2120 SECTION 2. Tennessee Code Annotated, Title 4, Chapter 3, Part 7, is amended by
2221 adding the following as a new section:
2322 4-3-722. Small business growth and empowerment fund – grants.
2423 (a) The small business growth and empowerment fund is established as a
2524 separate account in the general fund.
2625 (b) The small business growth and empowerment fund is to be composed of:
2726 (1) Funds appropriated by the general assembly for the fund; and
2827 (2) Gifts, grants, and other donations received by the department of
2928 economic and community development for the fund.
3029 (c) Moneys in the small business growth and empowerment fund may be used
3130 by the department of economic and community development for program administration,
3231 marketing expenses, and program evaluation; provided, however, such expenses must
3332 not exceed five percent (5%) of the total amount appropriated for the program in any
3433 fiscal year.
34+ (d) Subject to the availability of revenue at the end of each fiscal year, the
35+commissioner of finance and administration is authorized to carry forward any amounts
36+remaining in the small business growth and empowerment fund.
3537
3638
3739 - 2 - 001149
3840
39- (d) Subject to the availability of revenue at the end of each fiscal year, the
40-commissioner of finance and administration is authorized to carry forward any amounts
41-remaining in the small business growth and empowerment fund.
4241 (e) Moneys in the small business growth and empowerment fund must be
4342 invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of
4443 the fund, and interest accruing on investments and deposits of the fund must be returned
4544 to and remain part of the fund.
4645 (f) To the extent practicable, moneys from the small business growth and
4746 empowerment fund must be spent in all three (3) grand divisions of the state.
4847 (g) New commitments made by the commissioner of economic and community
4948 development for grants from the small business growth and empowerment fund must not
5049 exceed the appropriations made for the purposes of the program. In each fiscal year,
5150 the fund must be managed so that actual expenditures and obligations to be recognized
5251 at the end of the fiscal year do not exceed any available reserves and appropriations of
5352 the programs.
5453 (h)
5554 (1) At least quarterly, the commissioner of economic and community
5655 development shall report to the commissioner of finance and administration the
5756 status of the commitments from the small business growth and empowerment
5857 fund. The report must include at least the following information:
5958 (A) The amount of each commitment accepted since the previous
6059 report;
6160 (B) The applicant receiving the benefit of each commitment;
6261 (C) The total outstanding commitments; and
6362 (D) The total unobligated balance.
63+ (2) A copy of the report must be transmitted to the chief clerks of the
64+senate and the house of representatives, the state treasurer, the state
65+comptroller, the office of legislative budget analysis, and the secretary of state.
6466
6567
6668 - 3 - 001149
6769
68- (2) A copy of the report must be transmitted to the chief clerks of the
69-senate and the house of representatives, the state treasurer, the state
70-comptroller, the office of legislative budget analysis, and the secretary of state.
7170 (i) Grants from the small business growth and empowerment fund may be made
7271 in all counties where the commissioner of economic and community development
7372 determines that the grants will have a direct impact on employment and investment
7473 opportunities for minority-owned and women-owned businesses in underserved areas.
7574 (j) Grants from the small business growth and empowerment fund may be made
7675 only to local governments or their economic development organizations, other political
7776 subdivisions of the state, any subdivision of state government, or to not-for-profit
7877 organizations.
7978 (k) Grants from the small business growth and empowerment fund must be used
8079 to facilitate economic development activities for minority-owned and women-owned
8180 businesses in underserved areas or in a manner that directly impacts minority-owned
8281 and women-owned businesses in underserved areas. These activities include:
8382 (1) Site development activities;
8483 (2) Infrastructure activities;
8584 (3) Tourism-related activities;
8685 (4) Planning activities;
8786 (5) Training and mentoring activities;
8887 (6) Entrepreneurship activities;
8988 (7) Significant technological improvements; or
9089 (8) Other economic development activities determined by the
9190 commissioner of economic and community development to have a beneficial
9291 impact on the economy of this state.
92+ (l) Notwithstanding another law to the contrary, the department shall post the
93+following information on its website at least quarterly:
9394
9495
9596 - 4 - 001149
9697
97- (l) Notwithstanding another law to the contrary, the department shall post the
98-following information on its website at least quarterly:
9998 (1) The name of each small business growth and empowerment fund
10099 grant recipient;
101100 (2) The amount of each fund grant; and
102101 (3) A description of the project to be funded by each fund grant.
103102 (m) For purposes of this section:
104103 (1) "Minority-owned business" means a business that is a continuing,
105104 independent, for-profit business that performs a commercially useful function,
106105 and is at least fifty-one percent (51%) owned and controlled by one (1) or more
107106 minority individuals who are impeded from normal entry into the economic
108107 mainstream because of past practices of discrimination based on race or ethnic
109108 background;
110109 (2) "Underserved area" includes communities that have difficulty
111110 accessing resources to start and grow businesses, including inner-city areas,
112111 rural areas, and communities with historically high barriers to capital and credit;
113112 and
114113 (3) "Woman-owned business" means a business that is a continuing,
115114 independent, for-profit business that performs a commercially useful function,
116115 and is at least fifty-one percent (51%) owned and controlled by one (1) or more
117116 women; or, in the case of any publicly owned business, at least fifty-one percent
118117 (51%) of the stock of which is owned and controlled by one (1) or more women
119118 and whose management and daily business operations are under the control of
120119 one (1) or more women.
120+ SECTION 3. Tennessee Code Annotated, Section 67-4-713, is amended by adding the
121+following as a new subsection (c):
121122
122123
123124 - 5 - 001149
124125
125- SECTION 3. Tennessee Code Annotated, Section 67-4-713, is amended by adding the
126-following as a new subsection (c):
127126 (1) A qualifying small business that files and pays the tax imposed by this part
128127 may take a credit equal to fifty percent (50%) of the taxpayer's liability as calculated in §
129128 67-4-709.
130129 (2) A small business qualifies for the credit described in subdivision (c)(1) if:
131130 (A) The business:
132131 (i) Complies with a local and targeted hiring policy that the
133132 business develops and implements in which at least fifty percent (50%) of
134133 the persons employed reside in the community, municipality, or county in
135134 which the business operates; or
136135 (ii) Provides workforce training approved by the department of
137136 economic and community development to its employees;
138137 (B) The business applies for and receives certification from the
139138 department of economic and community development that the business meets
140139 the qualifications under this subdivision (c)(2) for each year in which the credit is
141140 sought. The department shall review applications submitted by small businesses
142141 and issue certifications as appropriate; and
143142 (C) The business submits proof of its certification from the department of
144143 economic and community development to the department of revenue when it files
145144 and pays the tax imposed by this part.
146145 (3) For purposes of this subsection (c), "small business" means a business that
147146 is a continuing, independent, for-profit business that performs a commercially useful
148147 function with residence in this state and has total gross receipts of not more than one
148+million five hundred thousand dollars ($1,500,000) averaged over a three-year period or
149+employs no more than fifteen (15) persons on a full-time basis.
149150
150151
151152 - 6 - 001149
152153
153-million five hundred thousand dollars ($1,500,000) averaged over a three-year period or
154-employs no more than fifteen (15) persons on a full-time basis.
155154 SECTION 4. The heading in this act is for reference purposes only and does not
156155 constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
157156 requested to include the heading in any compilation or publication containing this act.
158157 SECTION 5. For purposes of promulgating forms or rules, this act takes effect upon
159158 becoming a law, the public welfare requiring it. For all other purposes, Sections 2 and 4 of this
160159 act take effect July 1, 2025, the public welfare requiring it. For all other purposes, Section 3 of
161160 this act takes effect January 1, 2026, the public welfare requiring it, and applies to tax years
162161 beginning on or after that date.