Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1009 Compare Versions

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2-HOUSE BILL 1364
3- By Chism
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54 SENATE BILL 1009
65 By Oliver
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98 SB1009
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1312 AN ACT to amend Tennessee Code Annotated, Title 4;
1413 Title 9; Title 50 and Title 67, relative to relief for
1514 small businesses.
1615
1716 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1817 SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 7, is amended by
1918 adding the following as a new section:
2019 4-3-722.
2120 (a) There is created a fund within the state treasury to be known as the small
2221 business recovery grant fund, to be administered by the department of economic and
2322 community development.
2423 (b) The fund consists of:
2524 (1) Funds appropriated by the general assembly; and
2625 (2) Gifts, grants, and other donations received by the department for the
2726 fund.
2827 (c) Moneys deposited in the fund must be invested for the benefit of the fund
2928 pursuant to ยง 9-4-603.
3029 (d) Moneys in the fund must not revert to the general fund but must remain
3130 available to be used by the department exclusively for the purposes specified in
3231 subsection (f).
3332 (e) The commissioner of economic and community development may
3433 promulgate rules in accordance with the Uniform Administrative Procedures Act,
3534 compiled in chapter 5 of this title, to implement this section.
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4039 (f) Moneys in the fund must be used to assist eligible small businesses with
4140 eligible costs incurred in responding to, or recovering from, extenuating circumstances.
4241 Grants made from the fund must cover eligible costs incurred during any one (1) period
4342 of three (3) consecutive months, but no more than six (6) consecutive months.
4443 (g) Grants to assist eligible businesses must be made only to nonprofit
4544 organizations, local governments or to their economic development organizations, or
4645 other political subdivisions of the state. Grants from the fund may be made in all
4746 counties where the commissioner of economic and community development determines
4847 that the grants will have a direct impact on assisting eligible small businesses that
4948 operate as independent arts or cultural organizations or in the hospitality industry.
5049 (h) An eligible small business shall submit a complete application in a form and
5150 manner prescribed by the department. The department shall establish the procedures
5251 and time period for eligible small businesses to submit applications to the program.
5352 (i) Beginning January 1, 2026, and on or before January 1 of each year, the
5453 department shall submit to the chair of the finance, ways and means committee of the
5554 senate and the chair of the committee in the house of representatives having jurisdiction
5655 over matters related to public funds a report stating the amount expended from the fund
5756 in the past year, the purposes for which the money was expended, and the amount
5857 remaining in the fund.
5958 (j) As used in this section:
6059 (1) "Eligible costs" means costs incurred by an eligible small business
6160 that are attributable to extenuating circumstances, including payroll costs, costs
6261 of commercial rent or mortgage, insurance costs, utility costs, and costs to repair
6362 or replace landscaping, parking spaces, or other real property or improvements
6463 to real property owned by the eligible small business;
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6968 (2) "Eligible small business" means an independent, for-profit entity that:
7069 (A) Engages in business with the public;
7170 (B) Is primarily owned and operated by two (2) or more natural
7271 persons;
7372 (C) Maintains a single physical business location in this state;
7473 (D) Is not owned as a corporation or sole proprietorship or by an
7574 independent contractor;
7675 (E) Demonstrates, as determined by the department, that it has
7776 sustained a substantial decline in gross revenue, substantial business
7877 modifications, or a substantial disruption to its operations due to
7978 extenuating circumstances;
8079 (F) Has total gross receipts of not more than one million dollars
8180 ($1,000,000) averaged over a three-year period; and
8281 (G) Employs no more than fifteen (15) persons on a full-time
8382 basis; and
8483 (3) "Extenuating circumstance":
8584 (A) Means an unforeseeable event that is outside the control of
8685 the eligible small business;
8786 (B) Includes:
8887 (i) An unforeseeable violent act by a third party or patron,
8988 such as a shooting occurring at the business; and
9089 (ii) Construction activities at or near an adjacent or
9190 adjoining property that disrupts or causes a decline in foot traffic to
9291 the business, including blocked roads, parking lots, and other
9392 encroachments attributable to such construction activities; and
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9897 (C) Does not include an event for which the president or the
9998 governor declares a state of emergency or disaster declaration pursuant
10099 to federal or state law, or the COVID-19 pandemic.
101100 SECTION 2. For purposes of promulgating forms or rules, this act takes effect upon
102101 becoming a law, the public welfare requiring it. For all other purposes, this act takes effect July
103102 1, 2025, the public welfare requiring it.