§ 32-7g — Small Business Express program.

Connecticut § 32-7g

• Jurisdiction: Connecticut
• Title 32: Commerce and Economic and Community Development
• Ch. 578: Department of Economic and Community Development

Text

(a) There is established within the Department of Economic and Community Development the Small Business Express program. Said program shall provide small businesses with various forms of financial assistance. A small business eligible for assistance through said program shall (1) employ not more than one hundred employees, (2) have operations in Connecticut, and (3) be in good standing with the payment of all state and local taxes and with all state agencies. It shall be the goal of the Department of Economic and Community Development that, on or before July 1, 2026, the Small Business Express program be self-funded and that the default rate of small businesses that receive assistance under said program be not more than twenty per cent. (b) The Small Business Express program shall consist of various components, including (1) a revolving loan fund, as described in subsection (c) of this section, to support small business growth, (2) at least one minority business revolving loan fund, as described in subsection (d) of this section, to support the growth of minority-owned businesses, (3) a component established in consultation with representatives from Connecticut-based banks and a banking industry association, as described in subsection (e) of this section, and (4) a component established in consultation with Connecticut Innovations, Incorporated, as described in subsection (f) of this section. Notwithstanding the provisions of section 32-5a regarding relocation limits, the department may require, as a condition of receiving financial assistance pursuant to this section, that a small business receiving such assistance shall not relocate, as defined in section 32-5a , for five years after receiving such assistance or during the term of the loan, whichever is longer. All other conditions and penalties imposed pursuant to section 32-5a shall continue to apply to such small business. (c) There is established as part of the Small Business Express program a revolving loan fund to provide loans, loan guarantees, loan portfolio guarantees, portfolio insurance and grants. (d) (1) There is established as part of the Small Business Express program at least one revolving loan fund to provide loans to eligible small businesses that are owned by one or more members of a minority. As used in this subsection, (A) “minority business development entity” means a nonprofit organization (i) having a lending portfolio on or before June 9, 2016, from which at least seventy-five per cent of lending is provided to minority-owned businesses state-wide; and (ii) that provided technical assistance on or before June 9, 2016, provided at least seventy-five per cent of such assistance was provided to minority-owned businesses state-wide; and (B) “minority” means (i) Black Americans, including all persons having origins in any of the Black African racial groups not of Hispanic origin; (ii) Hispanic Americans, including all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race; (iii) all persons having origins in the Iberian Peninsula, including Portugal, regardless of race; (iv) women; (v) Asian Pacific Americans and Pacific islanders; or (vi) American Indians and persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification. (2) Notwithstanding the provisions of section 32-7h , the commissioner shall allocate from the available funding under the Small Business Express program a total of five million dollars for grants-in-aid to not more than two minority business development entities in each of the fiscal years ending June 30, 2016, to June 30, 2020, inclusive, for the purpose of establishing and administering minority business revolving loan funds. Moneys from such funds shall be used to (A) provide loans to eligible small businesses, and (B) fund the administrative costs associated with the provision of such loans by a minority business development entity, provided a minority business development entity may not use more than ten per cent of the amount received as a grant under this section to fund such costs. Such loans shall be used for acquisition or purchase of machinery and equipment, construction or leasehold improvements, relocation expenses, working capital, which may be used for payment of rent, or other business-related expenses, as authorized by the minority business development entity. (3) Loans from a minority business revolving loan fund may be in amounts from ten thousand dollars to a maximum of five hundred thousand dollars, shall carry a maximum repayment rate of four per cent and shall be for a term of not more than ten years. The minority business development entity shall review and approve loan terms, conditions and collateral requirements in a manner that prioritizes job growth and retention. (4) Any eligible small business owned by one or more members of a minority may apply for assistance from a minority business revolving loan fund, provided the minority business development entity shall give priority to applicants that, as part of their business plan, are creating new jobs that will be maintained for not less than twelve consecutive months. (5) Loans from a minority business revolving fund shall be provided in such a manner that, on or before five years after the date such loan fund is established, the annual funds or revenues derived from investment income, loan repayments or any other sources received by the minority business development entity in connection with such loan fund is sufficient to fund the administrative costs associated with such loan fund. (6) A minority business development entity receiving a grant pursuant to this subsection shall annually submit to the commissioner a financial audit of grant expenditures until all grant moneys have been expended by such entity. Any such audit shall be prepared by an independent auditor and if the commissioner finds that any such grant is used for purposes that are not in conformity with uses set forth in subdivisions (2) and (3) of this subsection, the commissioner may require repayment of such grant. (e) The commissioner, in consultation with representatives from Connecticut-based banks and a banking industry association, may establish as part of the Small Business Express program a component operated in collaboration with Connecticut-based banks, which may include, but need not be limited to, loan guarantees, short-term loans used as a bridge to private sector financing and the transfer of loans issued under subsection (c) of this section. Any loans issued under such component shall be used for acquisition or purchase of machinery and equipment, construction or leasehold improvements, relocation expenses, working capital, which may be used for payment of rent, or other business-related expenses, as authorized by the commissioner. The provisions of subsections (c) and (d) of this section shall not be construed to apply to such component. Such component shall be administered by Connecticut Innovations, Incorporated, in collaboration with the Department of Economic and Community Development. For purposes of this section, “Connecticut-based banks” means banks and out-of-state banks, each as defined in section 36a-2 , having deposit-taking branches in the state. (f) The commissioner, in consultation with Connecticut Innovations, Incorporated, may establish as part of the Small Business Express program a component operated in collaboration with Connecticut Innovations, Incorporated, which may include, but need not be limited to, financial assistance consistent with the provisions and purposes of sections 32-23e , 32-23ii and 32-265 . Such component may be administered by Connecticut Innovations, Incorporated, in collaboration with the Department of Economic and Community Development. (g) Not later than February 1, 2022, and annually thereafter, the commissioner shall provide a report, in accordance with the provisions of section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, appropriations, commerce and labor. Such report shall include available data on (1) the number of small businesses that received assistance under the Small Business Express program and the general categories of such businesses, (2) the amounts and types of assistance provided, (3) the total number of jobs on the date of application and the number proposed to be created or retained, (4) the most recent employment figures of the small businesses receiving assistance, (5) the default rate of small businesses that received assistance under said program, and (6) the progress of the lenders participating in said program in becoming self-sustainable. The contents of such report shall also be included in the department's annual report. (h) The commissioner may contract with nongovernmental entities, including, but not limited to, nonprofit organizations, economic and community development organizations, lending institutions, and technical assistance providers to carry out the provisions of this section.

Legislative History

(Oct. Sp. Sess. P.A. 11-1, S. 1; June 12 Sp. Sess. P.A. 12-1, S. 199; P.A. 13-56, S. 1; P.A. 14-98, S. 43; P.A. 16-128, S. 1; May Sp. Sess. P.A. 16-3, S. 17; P.A. 17-219, S. 2; P.A. 18-122, S. 3; June Sp. Sess. P.A. 21-2, S. 283; P.A. 22-50, S. 1; 22-118, S. 154.) History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by adding provision authorizing commissioner to partner with Connecticut Credit Consortium lenders, replacing October 27, 2011, with June 15, 2012, re date as of which small business must meet criteria to be eligible for assistance, replacing “fifty” with “one hundred” re required number of employees and deleting provisions re small business to be a Connecticut-based business and registered in this state, amended Subsec. (b) by replacing provision re use of Subsidized Training and Employment program with provision re referral of small business applicants to said program and adding “or during the term of the loan, whichever is longer” re relocation prohibition, amended Subsec. (d) by adding “or purchase” re use of loans in Subdiv. (1) and replacing “five years” with “ten years” re term of loan in Subdiv. (2), amended Subsec. (e)(2) by changing maximum loan amount from $250,000 to $300,000 and adding provision re maximum repayment rate and term, and amended Subsec. (f) by adding “or purchase” re use of grant funds, effective June 15, 2012; P.A. 13-56 amended Subsec. (c) by changing mandatory priority for funding of economic base industries to permissive priority, adding provision re permissive priority for funding to exporters and making conforming changes; P.A. 14-98 amended Subsec. (f) by adding Subdiv. (3) re waiver of matching requirement, effective July 1, 2014; P.A. 16-128 amended Subsec. (a) by deleting reference to June 15, 2012, amended Subsec. (b) by adding Subdiv. (4) re not more than 2 minority business revolving loan funds and making technical changes, added new Subsec. (g) re revolving loan funds for minority-owned small businesses and redesignated existing Subsec. (g) re report as Subsec. (h), effective June 9, 2016; May Sp. Sess. P.A. 16-3 amended Subsec. (c) to add Subdiv. (3) re businesses located in designated innovation places; P.A. 17-219 amended Subsec. (b) by adding Subdiv. (5) re component established in consultation with representatives with Connecticut-based banks and a banking industry association and making technical changes, amended Subsecs. (d)(1), (e)(1), (f)(1) and (g)(2) by adding “, which may be used for payment of rent,”, added new Subsec. (h) re component operated in collaboration with Connecticut-based banks and redesignated existing Subsec. (h) re report as Subsec. (i); P.A. 18-122 made a technical change in Subsec. (b)(5), effective June 7, 2018; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by deleting provision re streamlined application process and partnership with Connecticut Credit Consortium, deleting “, on at least fifty per cent of its working days during the preceding twelve months,” in Subdiv. (1), deleting former Subdiv. (3) re registration for not less than 12 months, redesignating existing Subdiv. (4) as Subdiv. (3) and adding provision re goal for program, amended Subsec. (b) by deleting former Subdivs. (2) and (3) re job creation incentive component and matching grant component, redesignating existing Subdiv. (4) as Subdiv. (2) and amending same by replacing “not more than two” with “at least one”, redesignating existing Subdiv. (5) as Subdiv. (3), adding new Subdiv. (4) re component established in consultation with Connecticut Innovations, Incorporated, and deleting provision re commissioner to provide package of assistance and referral, deleted former Subsec. (c) re streamlined application process, redesignated existing Subsec. (d) as Subsec. (c) and amended same by deleting Subdiv. (1) designator, replacing provisions re use of loans with provisions re use of revolving loan fund and deleting Subdivs. (2) and (3) re loan amounts and assistance from revolving loan fund, deleted Subsecs. (e) and (f) re job creation incentive component and matching grant component, redesignated existing Subsec. (g) as Subsec. (d) and amended same by replacing “not more than two” with “at least one” in Subdiv. (1) and changing maximum loan amount from $100,000 to $500,000 in Subdiv. (3), redesignated existing Subsec. (h) as Subsec. (e) and amended same by adding reference to Connecticut Innovations, Incorporated, and deleting provision re allocation of funding under Small Business Express program, added new Subsec. (f) re component operated in collaboration with Connecticut Innovations, Incorporated, redesignated existing Subsec. (i) as Subsec. (g) and amended same to replace “June 30, 2012” with “February 1, 2022” and “every six months” with “annually” re report, delete former Subdiv. (1) re number of applications, redesignate existing Subdivs. (2) to (5) as Subdivs. (1) to (4), adding new Subdivs. (5) and (6) re default rate and progress in becoming self-sustainable and made conforming and technical changes, effective July 1, 2021; P.A. 22-50 added Subsec. (h) re commissioner's authority to contract with nongovernmental entities, effective May 23, 2022; P.A. 22-118 made identical changes as P.A. 22-50, effective May 7, 2022.