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5 | 4 | | SENATE BILL 1009 |
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6 | 5 | | By Oliver |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | SB1009 |
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10 | 9 | | 002831 |
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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 | | Title 9; Title 50 and Title 67, relative to relief for |
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15 | 14 | | small businesses. |
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16 | 15 | | |
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17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 7, is amended by |
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19 | 18 | | adding the following as a new section: |
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20 | 19 | | 4-3-722. |
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21 | 20 | | (a) There is created a fund within the state treasury to be known as the small |
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22 | 21 | | business recovery grant fund, to be administered by the department of economic and |
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23 | 22 | | community development. |
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24 | 23 | | (b) The fund consists of: |
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25 | 24 | | (1) Funds appropriated by the general assembly; and |
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26 | 25 | | (2) Gifts, grants, and other donations received by the department for the |
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27 | 26 | | fund. |
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28 | 27 | | (c) Moneys deposited in the fund must be invested for the benefit of the fund |
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29 | 28 | | pursuant to ยง 9-4-603. |
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30 | 29 | | (d) Moneys in the fund must not revert to the general fund but must remain |
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31 | 30 | | available to be used by the department exclusively for the purposes specified in |
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32 | 31 | | subsection (f). |
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33 | 32 | | (e) The commissioner of economic and community development may |
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34 | 33 | | promulgate rules in accordance with the Uniform Administrative Procedures Act, |
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35 | 34 | | compiled in chapter 5 of this title, to implement this section. |
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36 | 35 | | |
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37 | 36 | | |
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38 | 37 | | - 2 - 002831 |
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39 | 38 | | |
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40 | 39 | | (f) Moneys in the fund must be used to assist eligible small businesses with |
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41 | 40 | | eligible costs incurred in responding to, or recovering from, extenuating circumstances. |
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42 | 41 | | Grants made from the fund must cover eligible costs incurred during any one (1) period |
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43 | 42 | | of three (3) consecutive months, but no more than six (6) consecutive months. |
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44 | 43 | | (g) Grants to assist eligible businesses must be made only to nonprofit |
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45 | 44 | | organizations, local governments or to their economic development organizations, or |
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46 | 45 | | other political subdivisions of the state. Grants from the fund may be made in all |
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47 | 46 | | counties where the commissioner of economic and community development determines |
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48 | 47 | | that the grants will have a direct impact on assisting eligible small businesses that |
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49 | 48 | | operate as independent arts or cultural organizations or in the hospitality industry. |
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50 | 49 | | (h) An eligible small business shall submit a complete application in a form and |
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51 | 50 | | manner prescribed by the department. The department shall establish the procedures |
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52 | 51 | | and time period for eligible small businesses to submit applications to the program. |
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53 | 52 | | (i) Beginning January 1, 2026, and on or before January 1 of each year, the |
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54 | 53 | | department shall submit to the chair of the finance, ways and means committee of the |
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55 | 54 | | senate and the chair of the committee in the house of representatives having jurisdiction |
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56 | 55 | | over matters related to public funds a report stating the amount expended from the fund |
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57 | 56 | | in the past year, the purposes for which the money was expended, and the amount |
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58 | 57 | | remaining in the fund. |
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59 | 58 | | (j) As used in this section: |
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60 | 59 | | (1) "Eligible costs" means costs incurred by an eligible small business |
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61 | 60 | | that are attributable to extenuating circumstances, including payroll costs, costs |
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62 | 61 | | of commercial rent or mortgage, insurance costs, utility costs, and costs to repair |
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63 | 62 | | or replace landscaping, parking spaces, or other real property or improvements |
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64 | 63 | | to real property owned by the eligible small business; |
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65 | 64 | | |
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66 | 65 | | |
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67 | 66 | | - 3 - 002831 |
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68 | 67 | | |
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69 | 68 | | (2) "Eligible small business" means an independent, for-profit entity that: |
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70 | 69 | | (A) Engages in business with the public; |
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71 | 70 | | (B) Is primarily owned and operated by two (2) or more natural |
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72 | 71 | | persons; |
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73 | 72 | | (C) Maintains a single physical business location in this state; |
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74 | 73 | | (D) Is not owned as a corporation or sole proprietorship or by an |
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75 | 74 | | independent contractor; |
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76 | 75 | | (E) Demonstrates, as determined by the department, that it has |
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77 | 76 | | sustained a substantial decline in gross revenue, substantial business |
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78 | 77 | | modifications, or a substantial disruption to its operations due to |
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79 | 78 | | extenuating circumstances; |
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80 | 79 | | (F) Has total gross receipts of not more than one million dollars |
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81 | 80 | | ($1,000,000) averaged over a three-year period; and |
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82 | 81 | | (G) Employs no more than fifteen (15) persons on a full-time |
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83 | 82 | | basis; and |
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84 | 83 | | (3) "Extenuating circumstance": |
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85 | 84 | | (A) Means an unforeseeable event that is outside the control of |
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86 | 85 | | the eligible small business; |
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87 | 86 | | (B) Includes: |
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88 | 87 | | (i) An unforeseeable violent act by a third party or patron, |
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89 | 88 | | such as a shooting occurring at the business; and |
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90 | 89 | | (ii) Construction activities at or near an adjacent or |
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91 | 90 | | adjoining property that disrupts or causes a decline in foot traffic to |
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92 | 91 | | the business, including blocked roads, parking lots, and other |
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93 | 92 | | encroachments attributable to such construction activities; and |
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94 | 93 | | |
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95 | 94 | | |
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96 | 95 | | - 4 - 002831 |
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97 | 96 | | |
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98 | 97 | | (C) Does not include an event for which the president or the |
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99 | 98 | | governor declares a state of emergency or disaster declaration pursuant |
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100 | 99 | | to federal or state law, or the COVID-19 pandemic. |
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101 | 100 | | SECTION 2. For purposes of promulgating forms or rules, this act takes effect upon |
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102 | 101 | | becoming a law, the public welfare requiring it. For all other purposes, this act takes effect July |
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103 | 102 | | 1, 2025, the public welfare requiring it. |
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