HLS 19RS-507 ORIGINAL 2019 Regular Session HOUSE BILL NO. 391 BY REPRESENTATIVE FOIL Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. VETERANS: Provides for the certification of veteran-owned businesses 1 AN ACT 2To enact Chapter 57 of Title 51 of the Revised Statutes of 1950, to be comprised of R.S. 51: 3 3201through 3208, relative to economic development; to create The Veterans First 4 Business Initiative; to provide for the certification of veteran-owned businesses; to 5 provide for the creation of an insignia to identify a business as part of the initiative; 6 to provide a database to search for veteran-owned businesses; to provide for 7 community outreach and interagency cooperation; to provide for the promulgation 8 of rules; to provide definitions; to provide legislative intent; and to provide for 9 related matters. 10Be it enacted by the Legislature of Louisiana: 11 Section 1. Chapter 57 of Title 51 of the Revised Statutes of 1950, comprised of R.S. 1251:3201 through 3208, is hereby enacted to read as follows: 13 CHAPTER 57. THE VETERANS FIRST BUSINESS INITIATIVE 14 §3201. Short title 15 This Chapter shall be known and may be cited as "The Veterans First 16 Business Initiative". 17 §3202. Declaration of purpose 18 The Legislature of Louisiana finds that a debt of gratitude is owed to those 19 men and women of the armed forces of the United States for their service to our 20 country. In order to show gratitude for their sacrifices, the legislature hereby Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-507 ORIGINAL HB NO. 391 1 creating creates a veteran-owned business initiative within Louisiana Economic 2 Development. The purpose of the program is to identify veteran-owned businesses, 3 create an insignia for those businesses to use on storefronts and promotional and 4 collateral materials so that they are easily identifiable to the public, produce a 5 database on which the citizens of Louisiana can search for veteran-owned businesses 6 to patronize, and to work to promote veteran-owned businesses to the public. The 7 legislature envisions a cooperation among Louisiana Economic Development, the 8 Louisiana Department of Veterans Affairs, local chambers of commerce, regional 9 economic development organizations, and local economic development 10 organizations throughout the state in order to promote the patronage of veteran- 11 owned businesses. The legislature intends for The Veterans First Business Initiative 12 to help veterans who own businesses to meet and interact with customers and with 13 veterans looking for employment. 14 §3203. Definitions 15 For the purposes of this Chapter, terms and phrases shall have the meanings 16 ascribed as follows: 17 (1) "Department" means Louisiana Economic Development. 18 (2) "Veteran" is an individual who meets either of the following 19 qualifications: 20 (a) A person who served in the active military and was discharged or 21 released under conditions other than dishonorable. 22 (b) An active or reserve member in any branch of the armed forces of the 23 United States, including the national guard, coast guard, and armed forces reserves. 24 (3) "Veteran-owned business" means a business of which at least fifty-one 25 percent is owned by a veteran. 26 §3204. Application; form; submission; confirmation; notification; appeal 27 A.(1) The department shall develop an application process including an 28 application form prescribed by the department, for the submission and processing of 29 applications for certification of a business as a veteran-owned business. Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-507 ORIGINAL HB NO. 391 1 (2) As part of its procedure for certification, the department may require 2 applicants to provide information in addition to that requested on the application 3 forms. 4 (3) No business may be decertified as a result of any changes of application 5 form. 6 B. Upon receipt of an application, the department shall, in consultation with 7 the Louisiana Department of Veterans Affairs, confirm that the applicant is a veteran 8 and that the business is a veteran-owned business as defined in R.S. 51:3203. 9 C. The department shall notify the applicant of its decision to grant or deny 10 certification promptly after the decision has been made. If the department denies the 11 application, the decision shall set forth the basis for denial and provide the applicant 12 the opportunity to appeal the decision. 13 §3205. Insignia; creation; use 14 The department shall create an insignia for use by certified veteran-owned 15 businesses to indicate to the public that the business is part of The Veterans First 16 Business Initiative. After certification, a veteran-owned business shall have the 17 right and privilege of displaying the insignia on its storefront and on any promotional 18 or marketing materials. The display of the insignia serves to distinguish the business 19 as being veteran-owned. 20 §3206. Database 21 The department shall create and maintain a database of certified veteran- 22 owned businesses. The department shall make the database available for public 23 access on its official webpage. 24 §3207. Outreach 25 The department shall work in cooperation with the Louisiana Department of 26 Veterans Affairs for outreach to regional economic development organizations, local 27 economic development organizations, and chambers of commerce throughout the 28 state. The cooperation shall serve to encourage business owners who are veterans 29 to seek certification as part of The Veterans First Business Initiative and to promote Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-507 ORIGINAL HB NO. 391 1 veteran-owed businesses that have been certified pursuant to the provisions of this 2 Chapter. 3 §3208. Promulgation of rules and regulations 4 The department shall promulgate, in accordance with the Administrative 5 Procedure Act, any such rules and regulations as are necessary to implement the 6 provisions of the Chapter. 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)] HB 391 Original 2019 Regular Session Foil Abstract: Creates The Veterans First Business Initiative. Proposed law creates The Veterans First Business Initiative to certify a business as veteran- owned. Proposed law requires Louisiana Economic Development (LED) to create the application and certification process, and create and maintain a database of veteran-owned business which is searchable on its website. Proposed law requires the creation of an insignia which will identify a business as being certified as veteran-owned. Proposed law requires the cooperation of LED and Louisiana Department of Veterans Affairs (LDVA) in order to confirm veteran status and promote the program. Proposed law requires LED to cooperate with LDVA and local and regional economic development organizations and chambers of commerce in order to promote the initiative and veteran-owned businesses. Proposed law requires LED to promulgate rules to implement proposed law. (Adds R.S. 51:3201-3208) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.