WEST virginia legislature

2018 regular session

Introduced

House Bill 4544

By Delegate Capito

[Introduced February 13, 2018; Referred
to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, and §5B-8-5, all relating to creating a matching program for the small business innovation and research program and the small business technology transfer program; defining terms; defining eligibility; providing terms of the grant; and defining the application process. 

Be it enacted by the Legislature of West Virginia:

ARTICLE 5B. Small Business Innovation and Research and Small Business Transfer Technology Matching Funds Program.

§5B-8-1. Definitions.

When used in this article:

“Department” means the West Virginia Department of Commerce.

“Secretary” means the Secretary of the West Virginia Department of Commerce.

“SBIR” means the Small Business Innovation and Research Program enacted under the Small Business Innovation Development Act of 1982, Pub. L. 97-219, 15 U.S.C. §638.

“STTR” means the Small Business Technology Transfer Program enacted under the Small Business Technology Transfer Act of 1992, Pub. L. 102-564, 15 U.S.C §638.

“Small business” means a corporation, partnership, limited liability company, statutory or common law business trust, sole proprietorship, or individual, operating a business for profit, which qualifies as a small business and otherwise meets the requirements of the SBIR or STTR programs.

“West Virginia-based business” means a business that has its principal place of business in this state.

§5B-8-2. Creating a matching program.

The West Virginia Small Business Innovation and Research and Small Business Technology Transfer Matching Funds Program is hereby established. It shall be administered by the department. In order to foster job creation and economic development in the state, the department may provide grants to eligible businesses to match funds received by a business as a Small Business Innovation and Research or Small Business Technology Transfer Phase I award and to encourage businesses to apply for Phase II awards.

§5B-8-3. Eligibility.

In order to be eligible for a grant under this article, a business must satisfy all of the following conditions:

(1) The business must be a for-profit, West Virginia-based business;

(2) The business must have received a SBIR/STTR Phase I award from a participating federal agency in response to a specific federal solicitation. To receive the full match, the business must also have submitted a final Phase I report, demonstrated that the sponsoring agency has interest in the Phase II proposal, and submitted a Phase II proposal to the agency;

(3) The business must satisfy all federal SBIR/STTR requirements;

(4) The business shall not receive concurrent funding support from other sources that duplicates the purpose of this article;

(5) The business must certify that at least 51 percent of the research described in the federal SBIR/STTR Phase II proposal will be conducted in this state and that the business will remain a West Virginia-based business for the duration of the SBIR/STTR Phase II project; and

(6) The business must demonstrate its ability to conduct research in its SBIR/STTR Phase II proposal.

§5B-8-4. Application process.

(a) A business shall apply, under oath, to the department on a form prescribed by the department that includes at least all of the following:

(1) The name of the business, the form of business organization under which it is operated, and the names and addresses of the principals or management of the business;

(2) An acknowledgement of receipt of the Phase I report and Phase II proposal by the relevant federal agency; and

(3) Any other information necessary for the department to evaluate the application.

(b) The secretary shall review the application and determine the following:

(1) Whether the applicant satisfies the eligibility and other requirements; and

(2) Whether to recommend that the department award matching grants.

§5B-8-5. Grant terms.

Upon recommendation by the secretary, the department may award grants to match the funds received by a business through a SBIR/STTR Phase I proposal up to a maximum of $100,000. Seventy-five percent of the total grant shall be remitted to the business upon receipt of the SBIR/STTR Phase I award and application for funds under this article. Twenty-five percent of the total grant shall be remitted to the business upon submission by the business of the Phase II application to the funding agency and acceptance of the Phase I report by the funding agency. A business may receive only one grant under this article per year. A business may receive only one grant under this article with respect to each federal proposal submission. Over its lifetime, a business may receive a maximum of five awards under this article. A grant recipient may assign the agreement only upon the prior written consent of the secretary.

NOTE: The purpose of this bill is to create a matching program for the Small Business Innovation and Research (SBIR) program and the Small Business Technology Transfer (STTR) program.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.