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Regular Session, 2010
HOUSE BILL NO. 1078
BY REPRESENTATIVE FOIL
ECONOMIC DEVELOP/DEPT: Provides for changes to reporting requirements of the
Department of Economic Development and the Economic Development Corporation
AN ACT1
To amend and reenact R.S. 36:104(A)(7) and (14) and R.S. 51:935, 2341(D)(2), and 24612
and to repeal R.S. 25:318(E), R.S. 33:130.753(C) and 4708(C)(5), R.S.3
36:104(A)(8), R.S. 39:1953(B)(8), 2006(E), and 2176(E), R.S. 47:6020.4, 6027(F),4
and 6036(D)(5) and R.S. 51:1786(4), 1927.2, 2312(F), and 2319, relative to reporting5
requirements of the Louisiana Department of Economic Development and the6
Louisiana Economic Development Corporation; to provide for changes to reporting7
requirements of the Louisiana Department of Economic Development to various8
state agencies; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 36:104(A)(7) and (14) are hereby amended and reenacted to read as11
follows: 12
§104. Powers and duties of the secretary of economic development13
A. In addition to the functions, powers, and duties otherwise vested in the14
secretary by law, he shall:15
* * *16
(7) Make, and publish, and submit electronically an annual report to the17
governor, and the legislature every member of the legislature, and the Senate18
Committee on Commerce, Consumer Protection, and International Affairs, and the19 HLS 10RS-1157 REENGROSSED
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House Committee on Commerce concerning the operations of the department,1
including an overview of each business incentive and assistance program2
administered by the department, and submit with each report such recommendations3
as he deems necessary for the more effective internal structure and administration4
of the department, and make other reports and recommendations on his own5
initiative or upon request of the governor, the legislature, or any committee or6
member thereof. The overview of each business incentive and assistance program7
administered by the department shall include a brief description of each program's8
objective and annual activity and performance information including, as applicable,9
number of applications received, number of new projects, amount of associated10
certified spending in the state, number of new permanent jobs, number of11
construction jobs, number of retained permanent jobs, amount of associated capital12
investment, and amount of incentive awarded.13
* * *14
(14) Notwithstanding other provisions in this Subsection, the secretary of the15
Department of Economic Development may provide targeted economic development16
efforts in priority economic development zones. Such targeted programs shall be in17
addition to programs already in existence or any programs that may have been18
implemented in these areas by the department under normal circumstances. "Priority19
economic development zone" means any parish listed as one of the ten parishes with20
the highest unemployment rates in Louisiana and any municipality listed as one of21
the twenty-five municipalities with the highest unemployment rates in Louisiana as22
of July first of any given year and according to statistics compiled by the Louisiana23
Workforce Commission. The secretary shall submit annually to the House24
Commerce Committee and the Senate Commerce, Consumer Protection, and25
International Affairs Committee a report detailing actions taken by the department26
in compliance with this Paragraph.27
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Section 2. R.S. 51:935, 2341(D)(2), and 2461 are hereby amended and reenacted to1
read as follows: 2
§935. Information clearinghouse3
A. The department shall serve as the information clearinghouse in Louisiana4
for all data related to economic development, economic modeling, and strategic5
economic development planning.6
B. The department shall develop a master plan for inventorying, identifying,7
organizing, consolidating, and centralizing access to all appropriate economic8
development information developed in the public and private sectors in Louisiana.9
The plan shall include strategies for on-line access to data bases in the department10
and other departments of government, to applicable university data bases, and to11
private sector data bases where feasible. All information applicable to economic12
development modeling, economic development, strategic economic development13
planning, business trends, employment, construction, infrastructure, technology,14
university assets, real estate, industrial and office property, business incentives, and15
tax data should be organized by the clearinghouse for research, modeling, planning,16
and recruitment purposes.17
C. All departments, agencies, boards, and commissions of state government18
shall cooperate with the clearinghouse in the development of the plan.19
D. Such plan shall be submitted to the Senate Committee on Commerce,20
Consumer Protection, and International Affairs and the House Committee on21
Commerce no later than March 1, 1996, with recommendations for implementation22
and annually thereafter with recommendations for improvement.23
* * *24
§2341. Economic Development Award Program25
* * *26
D.27
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(2) All approved applications shall be presented to the Joint Legislative1
Committee on the Budget, the House Committee on Commerce, and the Senate2
Committee on Commerce, Consumer Protection, and International Affairs in the3
corporation's quarterly report in accordance with the provisions of R.S. 51:2319. The4
secretary shall report to the Joint Legislative Committee on the Budget, Senate5
Committee on Commerce, Consumer Protection, and International Affairs, and the6
House Committee on Commerce, on the first day of October and the first day of7
April, with respect to all approved applications.8
* * *9
§2461. Report of effect of Louisiana Quality Jobs Program Act; application10
Application deadline11
A. The Department of Economic Development shall prepare a report which12
shall include but not be limited to documentation of new direct jobs created under13
this Chapter and a fiscal analysis of the costs and benefits of the program to the state.14
In conducting such cost/benefit analysis, the department shall consider quantitative15
factors, such as the anticipated level of new tax revenues to the state along with the16
added cost to the state of providing services, and such other criteria as deemed17
appropriate by the department. The requirements of this report shall be satisfied if18
the department submits a biennial report that contains the information listed in this19
Section. The report shall be submitted to the president of the Senate, the speaker of20
the House of Representatives, the governor of this state, and the David R. Poynter21
Legislative Research Library as provided in R.S. 24:772 no later than March first of22
each year.23
B. On and after January 1, 2012, no new applications to receive incentive tax24
credits or rebates under this Chapter shall be approved by the Department of25
Economic Development. However, an employer which, prior to January 1, 2012, has26
been approved by the department to receive incentive tax credits or rebates under the27
program shall continue to receive tax credits or rebates pursuant to the terms of its28
agreement with the state of Louisiana as long as the employer retains its eligibility.29 HLS 10RS-1157 REENGROSSED
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C. The Department of Economic Development shall annually report the1
number of jobs created pursuant to this Chapter in each parish.2
Section 3. R.S. 25:318(E), R.S. 33:130.753(C) and 4708(C)(5), R.S. 36:104(A)(8),3
R.S. 39:1953(B)(8), 2006(E), and 2176(E), R.S. 47:6020.4, 6027(F), and 6036(D)(5) and4
R.S. 51:1786(4), 1927.2, 2312(F), and 2319 are hereby repealed in their entirety.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HB No. 1078
Abstract: Provides for changes to reporting requirements of the La. Department of
Economic Development and the La. Economic Development Corporation to various
state agencies.
Present law (R.S. 36:104(A)(7)) requires the secretary to make and publish an annual report
to the governor and the legislature concerning the operations of the department and submit
with each report such recommendations as he deems necessary for the more effective
internal structure and administration of the department, and make other reports and
recommendations on his own initiative or upon request of the governor, the legislature, or
any committee or member thereof.
Proposed law retains present law but also requires the secretary to electronically submit its
annual report to every member of the legislature and the Senate and House Commerce
Committees. Also includes an overview of each business incentive and assistance program
administered by the department.
Proposed law provides that the overview of each business incentive and assistance program
administered by the department shall include a brief description of each program's objective
and recent annual activity and performance information such as number of applications
received, number of new projects, amount of associated certified spending in the state,
number of new permanent jobs, number of construction jobs, number of retained permanent
jobs, amount of associated capital investment, and amount of incentive awarded.
Present law (R.S. 36:104(A)(14)) allows the secretary to provide targeted economic
development efforts in priority economic development zones and shall submit annually to
the House and Senate commerce committees a report detailing actions taken by the
department regarding priority economic development zones.
Proposed law repeals the reporting requirement of present law.
Present law (R.S. 51:935) creates an information clearinghouse in La. for all data relating
to economic development, economic modeling, and strategic economic development
planning which provides for a plan where the department submits an annual report to the
House and Senate commerce committees with recommendations for improvements.
Proposed law repeals the plan and annual recommendations for improvements.
Present law (R.S. 51:2341(D)(2)) requires the department to present all approved
applications under the Economic Development Award Program to the Joint Legislative HLS 10RS-1157 REENGROSSED
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Committee on the Budget and House and Senate Commerce Committees in the corporation's
quarterly report.
Proposed law changes present law to require that the department report to the Joint
Legislative Committee on the Budget and the House and Senate Commerce Committees
biannually regarding the approved applications.
Present law (R.S. 51:2461) requires the department to prepare a report regarding the La.
Quality Jobs Program Act including but not be limited to documentation of new direct jobs
and a fiscal analysis of the costs and benefits of the program to the state. The report shall
be submitted biennially to the president of the Senate, the speaker of the House of
Representatives, the governor of this state, and the David R. Poynter Legislative Research
Library no later than March 1
st
of each year.
Proposed law repeals present law.
Present law (R.S. 51:2461) requires the department to annually report the number of jobs
created by the La. Quality Jobs Program in each parish.
Proposed law repeals present law.
Present law (R.S. 25:318(E)) provides the corporation to file a report with the department,
Joint Legislative Committee on the Budget, and the House and Senate committees on
commerce regarding the La. Arts and Entertainment Industry Development Fund.
Proposed law repeals present law.
Present law (R.S. 33:130.753(C)) requires the department to make an annual report to the
legislature no less than 30 calendar days prior to each regular legislative session regarding
the grants and loans administered and tax credits given pursuant to the La. Community
Economic Development Act.
Proposed law repeals present law.
Present law (R.S. 33:4708(C)(5)) requires the department to submit an annual written report
to the governing authority and the commissioners as to all activities regarding the New
Orleans Regional Business Park.
Proposed law repeals present law.
Present law (R.S. 36:104(A)(8)) requires the secretary to submit a report to the governor and
the legislature regarding the ongoing merger and consolidation of the agencies and functions
transferred to his department.
Proposed law repeals present law.
Present law (R.S. 39:1953(B)(8)) requires the division of minority and women's business
enterprise within the department to submit an annual report to the governor and the
legislature outlining the progress and economic impact on the public and private sector.
Proposed law repeals present law.
Present law (R.S. 39:2006(E)) requires the department to report annually to the
commissioner of administration with respect to the graduation rates for businesses which
grew to exceed the eligibility requirements for certification in the most recently concluded
fiscal year regarding small entrepreneurships.
Proposed law repeals present law. HLS 10RS-1157 REENGROSSED
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Present law (R.S. 39:2176(E)) requires the department to report annually to the
commissioner of administration with respect to the graduation rates for businesses which
grew to exceed the eligibility requirements for certification in the most recently concluded
fiscal year regarding certification of veteran and service-connected disabled veteran-owned
small entrepreneurships.
Proposed law repeals present law.
Present law (R.S. 47:6020.4) requires the secretary to report to the House committees on
commerce and ways and means and the Senate committees on commerce and revenue and
fiscal affairs two months prior to each regular session of the legislature on the activities
resulting from the Angel Investor Tax Credit Program with information provided to the
secretary annually by the La. Entrepreneurial Business.
Proposed law repeals present law.
Present law (R.S. 47:6027(F)) requires the secretary to report to the House committees on
commerce and ways and means and the Senate committees on commerce, consumer
protection, and international affairs and revenue and fiscal affairs two months prior to each
regular session of the legislature on the activities resulting from the Mentor-Protégé Tax
Credit Program with information provided to the secretary annually by the mentors and
protégé.
Proposed law repeals present law.
Present law (R.S. 47:6036(D)(5)) requires the department to prepare a written report to be
submitted to the House Committee on Ways and Means and the Senate Committee on
Revenue and Fiscal Affairs no less than sixty days prior to the start of the regular session of
the legislature in 2010, and every second year thereafter regarding Ports of La. tax credits.
Proposed law repeals present law.
Present law (R.S. 51:1786(4)) requires the department to submit an annual master report of
the activities of all tax abatement programs pertaining to the enterprise zone program and
the economic development zone program to the governor and the legislature submitted no
later than March 1st of each year and shall be embodied in and administered by the
department, which shall be submitted.
Proposed law repeals present law.
Present law (R.S. 51:1927.2) requires the secretary to report to the House committees on
commerce and ways and means and the Senate committees on commerce and revenue and
fiscal affairs on the activities of all certified capital company groups. The cost of
preparation of such report by the secretary shall be paid by the certified La. capital
companies and/or certified La. capital company groups, and such report shall include but not
be limited to the following:
(1)The total amount of certified capital raised.
(2)The total amount of certified capital raised by each certified La. capital company
and/or certified La. capital company group.
(3)The total amount of certified capital invested in qualified investments.
(4)The total amount of certified capital that each certified La. capital company or
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(5)The total amount of certified capital invested in qualified La. businesses by each
certified La. capital company or certified La. capital company group.
(6)Certain information about each qualified La. business that received an investment
of certified capital by a certified La. capital company and/or certified La. capital
company group out of investment pools certified after July 1, 2002.
(7)The amount of management fees taken by each certified La. capital company or
certified La. capital company group.
Proposed law repeals present law.
Present law (R.S. 51:2312(F)) requires the corporation to notify, by copy of summary sheet,
each member of the House and Senate commerce committees and the state representative
and state senator in whose legislative district a project is located that such project is to be
presented to the board at a meeting at the same time as board members are notified. The
corporation shall also notify all such committee members and such state representative and
state senator of any action taken by the board on such project within 10 days of the meeting
at which such action was taken.
Proposed law repeals present law.
Present law (R.S. 51:2319) requires the corporation to transmit to the governor and chairmen
of the House and Senate commerce committees and the Joint Legislative Committee on the
Budget a quarterly status report of its activities.
Proposed law repeals present law.
(Amends R.S. 36:104(A)(7) and (14) and R.S. 51:935, 2341(D)(2), and 2461; Repeals R.S.
25:318(E), R.S. 33:130.753(C) and 4708(C)(5), R.S. 36:104(A)(8), R.S. 39:1953(B)(8),
2006(E), and 2176(E), R.S. 47:6020.4, 6027(F), and 6036(D)(5) and R.S. 51:1786(4),
1927.2, 2312(F), and 2319)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Restored present law regarding the reporting requirement of the office of
entertainment industry development within the Dept. of Economic Development.
House Floor Amendments to the engrossed bill.
1. Requires the Dept. of Economic Development to electronically submit its annual
report to every member of the legislature and the Senate and House Commerce
Committees.
2. Requires the Dept. of Economic Development to submit reports regarding the
Economic Development Award Program to the Senate and House Commerce
Committees.