ENROLLED ACT No. 308 2018 Regular Session HOUSE BILL NO. 305 BY REPRESENTATIVES JEFFERSON AND COUSSAN 1 AN ACT 2 To amend and reenact R.S. 51:2311(A) and 2320.1, relative to the Louisiana Economic 3 Development Corporation; to amend relative to board membership; to provide with 4 respect to ethical considerations; to provide an exception; and to provide for related 5 matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R. S. 51:2311(A) and 2320.1 are hereby amended and reenacted to read 8 as follows: 9 §2311. Louisiana Economic Development Corporation; creation; domicile; board 10 of directors; terms; agency 11 A.(1) There is hereby created a body politic and corporate to be known as 12 the Louisiana Economic Development Corporation, hereinafter referred to as the 13 "corporation". The corporation is hereby constituted a public authority and the 14 exercise by the corporation of the powers conferred by this Chapter shall be deemed 15 to be performance of an essential public function. The corporation shall be exempt 16 from the provisions of Chapter 6 of this Title. The board of directors of the 17 corporation shall be composed of twelve ten members. The board shall consist of 18 the secretary of the Department of Economic Development or a designee and eleven 19 nine members who are appointed by the governor, subject to Senate confirmation, 20 none of whom shall be a public official except for the secretary of the Department 21 of Economic Development or a designee. At least three members of the board shall 22 be minorities and at least two members shall be women. Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 305 ENROLLED 1 (2) The members of the board of directors are shall be comprised of all of the 2 following: 3 (a) The secretary of the Department of Economic Development or a 4 designee. 5 (b) One minority member who is appointed from a list of three private sector 6 individuals nominated by the Louisiana Business League, or one minority member 7 appointed from the Louisiana business community at large submitted by Louisiana- 8 based organizations representing minority business interests. 9 (c) One member who is appointed from a list of three private sector 10 individuals appointed submitted by the Louisiana Chapter of the AFL-CIO. 11 (d) One member who is appointed from a list of three private sector 12 individuals submitted by the Louisiana Retailers Association. 13 (e) One member who is appointed from a list of three private sector 14 individuals submitted by the Louisiana Bankers Association. 15 (f) One member who is appointed from a list of three private sector 16 individuals employed at community banks submitted by the Community Louisiana 17 Bankers Association. 18 (g) One member who is appointed from a list of three private sector 19 individuals submitted by the Louisiana Society of Certified Public Accountants. 20 Society of Louisiana Certified Public Accountants. 21 (h) One member who is appointed from a list of three private sector 22 individuals submitted by the Louisiana members of the National Association of 23 Security Dealers. 24 (i)(h) One female member who is appointed from a list of three private sector 25 individuals representing women’s business interests. 26 (j) Repealed by Acts 2003, No. 907, §2. 27 (k)(i) One member representing the Louisiana venture capital industry or the 28 Louisiana angel investor community. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 305 ENROLLED 1 (l)(j) One member who is appointed from a list of three private sector 2 individuals submitted by and currently serving on the Louisiana Workforce 3 Investment Council Board. 4 * * * 5 §2320.1. Conflict of interest prohibited; recusal; exceptions 6 A. No member of the corporation, employee thereof, or employee of the 7 Department of Economic Development who is provided as staff to the corporation 8 shall either directly or indirectly be a party to or be in any manner interested in any 9 contract or agreement with the corporation for any matter, cause, or thing whatsoever 10 by reason whereof any liability or indebtedness shall in any way be created against 11 such corporation. If any contract or agreement shall be made in violation of the 12 provisions of this Section the same shall be null and void and no action shall be 13 maintained thereon against the corporation. 14 B.(1) The prohibition described in Subsection A of this Section shall not 15 apply to a member of the corporation or an employee thereof if the respective 16 member recuses himself from voting on the otherwise prohibited contract or 17 agreement. 18 (2) Any member of the corporation who recuses himself from voting 19 pursuant to the provisions of this Subsection shall also be prohibited from 20 participating in any discussion or debate with respect to the otherwise prohibited 21 contract or agreement. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.