HLS 13RS-828 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 422 BY REPRESENTATIVE TALBOT Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ECONOMIC DEVELOP/DEPT: Makes changes to the unified economic development budget report and requires report to be annual AN ACT1 To amend and reenact R.S. 51:935.1(A), (B)(1), (4)(introductory paragraph), (b), and (e),2 and (5), (D), and (E)(1)(a) and (3) and to repeal R.S. 51:935.1(C), relative to the3 unified economic development budget report; to require an annual report; to delete4 need for independent economist contract and consultation requirements; to require5 report submission to all members of the legislature; to simplify report contents by6 repealing some required contents; and to provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 51:935.1(A), (B)(1), (4)(introductory paragraph), (b), and (e), and9 (5), (D), and (E)(1)(a) and (3) are hereby amended and reenacted to read as follows: 10 ยง935.1. Unified economic development budget report11 A.(1)(a) The Department of Economic Development shall issue a biennial an12 annual unified economic development budget report which shall be prepared by an13 independent economist selected by and under contract with the division of14 administration, who shall approve the methodologies and assumptions used in15 preparation of the report, and if appropriate, after consultation with the Economic16 Estimating Conference, the Revenue Estimating Conference, the legislative auditor,17 the legislative fiscal office, the Department of Economic Development, the18 Department of Revenue, and the Louisiana Workforce Commission.19 HLS 13RS-828 ORIGINAL HB NO. 422 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) The report shall be certified by the Economic Estimating Conference, the1 Revenue Estimating Conference, and the legislative fiscal office, as to both the2 sufficiency of the data, information, and reports upon which the report is based and3 the material correctness of the report, or a written summary shall be provided to the4 division of the reasons why the conference or office cannot certify or can only5 partially certify the report.6 (c) No employer, whether participating in economic development programs7 or otherwise, shall be required to supply any additional report, information, or data8 in connection with or related to any provision of this Section.9 (2) The report shall be submitted to the governor, the president of the Senate,10 the speaker of the House of Representatives, the chair of the Senate Commerce,11 Consumer Protection, and International Affairs Committee, the chair of the House12 Commerce Committee, every member of the legislature, and the David R. Poynter13 Legislative Research Library.14 (3) The Department of Economic Development and the division of15 administration shall provide the following by November 15, 2003 to the individuals16 and library specified in Paragraph (A)(2):17 (a) A list of all the state economic development programs which shall be18 included in the report, as recommended by the Louisiana Economic Development19 Council and the division, and submitted only after it has been subjected to pubic20 comment at a public meeting held before November 1, 2003.21 (b) A written assessment of their ability to access, collect, and analyze the22 information necessary to create the report provided for in this Section.23 B. The report shall include:24 (1) A complete listing of each state economic development program which25 the division of administration has agreed should be included in the report and the26 agency or corporation which administers them, if any.27 * * *28 (4) The following performance data, including both direct and indirect29 impact, for each economic development program for the two-fiscal year period being30 HLS 13RS-828 ORIGINAL HB NO. 422 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. reported, and, beginning with the report issued on November 15, 2007, a comparison1 to the two fiscal years fiscal year previously reported and the average of all prior2 fiscal years previously reported, or the reasons why such data is not available:3 * * *4 (b) The actual number and gross payroll of new permanent full and part-time5 jobs created during the two-year fiscal year period and the number and payroll of6 jobs created in previously reported periods.7 * * *8 (e) Tax revenues generated by employers participating in the programs, as9 determined by the division of administration based upon tax data and information for10 all employers participating in such programs which shall be supplied to the division11 by the Department of Revenue, and certified by the Revenue Estimating Conference.12 (5) An estimate of the total direct and indirect economic impact for each13 economic development program on in Louisiana based upon the performance data14 provided for in Paragraphs (B)(3) and (4).15 * * *16 D. The independent economist who prepares the biennial annual unified17 economic development budget report shall prepare contain an incentives18 competitiveness analysis section which shall be included as a part of the report. This19 competitiveness analysis shall compare the benefits offered in economic20 development programs in Louisiana with those offered in the regional states with21 which the state competes for economic development. The independent economist22 shall include in this analysis The analysis shall include an assessment of the total23 relative tax burden of businesses in Louisiana compared to those regional states.24 E.(1)(a) Beginning in 2004, the The legislative auditor shall conduct an25 annual performance audit designed to evaluate the management controls, accuracy,26 and reliability of the reported information on at least three economic development27 programs as defined in this Section. The economic development programs that are28 to be audited shall be selected by the legislative auditor.29 * * *30 HLS 13RS-828 ORIGINAL HB NO. 422 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) In addition to the Legislative Audit Advisory Committee, the1 performance audit shall be submitted to the Economic Estimating Conference, every2 member of the legislature, and the legislative fiscal office.3 * * *4 Section 2. R. S. 51:935.1(C) is hereby repealed in its 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)] Talbot HB No. 422 Abstract: Requires the unified economic development budget report to be annual instead of biennial, requires that all members of the legislature receive the report and makes other changes to simplify the process for reporting. Present law requires the Dept. of Economic Development (DED) to issue a unified economic development budget report every two years. Requires the report to be prepared by an independent economist under contract with the division of administration. Requires the methodologies and assumptions of the report to be developed in consultation with the Economic Estimating Conference, the Revenue Estimating Conference, the legislative auditor, the legislative fiscal office, DED, the Dept. of Revenue and the La. Workforce Commission. Requires the report to be certified by the Economic Estimating Conference, the Revenue Estimating Conference, and the legislative fiscal office. Proposed law requires the report to be issued annually, instead of biennially and deletes all other present law requirements. Present law requires the report to be submitted to the governor, the president of the Senate, the speaker of the House, the chairs of the House and Senate commerce committees, and the legislative research library. Proposed law changes present law submission requirement to include every member of the legislature and not just the chairs of the House and Senate commerce committees. Present law requires the report to include various pieces of information, including a complete listing of each state economic development program and the tax revenues generated by employers participating in the programs that the division of administration agrees should be included in the report. Proposed law retains present law except removes need for the list or information to be agreed upon by the division of administration. Proposed law repeals present law requirement that the report classify the performance data according to three digit North American Industrial Classification System Codes and categorize by DED Vision 2020 clusters. (Amends R.S. 51:935.1(A), (B)(1), (4)(intro. para.), (b), and (e), and (5), (D), and (E)(1)(a) and (3); Repeals R.S. 51:935.1(C))