HLS 19RS-507 ENGROSSED 2019 Regular Session HOUSE BILL NO. 391 BY REPRESENTATIVES FOIL, CHAD BROWN, CARMODY, CONNICK, COUSSAN, COX, HILFERTY, HOLLIS, JEFFERSON, JORDAN, LEOPOLD, LYONS, MCMAHEN, MOSS, PEARSON, PUGH, AND THOMAS AND SENATOR BISHOP 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 60 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised 3 of R.S. 51: 3201 through 3208, relative to economic development; to create The 4 Veterans First Business Initiative; to provide for the certification of veteran-owned 5 businesses; to provide for the creation of an insignia to identify a business as part of 6 the initiative; to provide a database to search for veteran-owned businesses; to 7 provide for community outreach and interagency cooperation; to provide for the 8 promulgation of rules; to provide definitions; to provide legislative intent; and to 9 provide for related matters. 10Be it enacted by the Legislature of Louisiana: 11 Section 1. Chapter 60 of Title 51 of the Louisiana Revised Statutes of 1950, 12comprised of R.S. 51:3201 through 3208, is hereby enacted to read as follows: 13 CHAPTER 60. 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. Legislative findings; creation; intent 18 A. The Legislature of Louisiana hereby finds and declares all of the 19 following: 20 (1) It is necessary and appropriate to honor the sacrifice that Louisiana 21 veterans have made on our behalf. Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-507 ENGROSSED HB NO. 391 1 (2) A program recognizing and promoting veteran-owned businesses will 2 help to instill a sense of patriotism in the community and throughout the state and 3 will aid the men and women who were wounded, incapacitated, or otherwise placed 4 their lives on hold to fight for freedom. 5 (3) After serving in the armed forces, veterans often return with dreams of 6 starting a business to continue to serve the community, reassimilate, and earn an 7 income in civilian life. 8 (4) The legislature appreciates and recognizes veterans' sacrifices and 9 intends to encourage and promote veteran-owned businesses as a vital part of the 10 economy of the state. 11 B. The Legislature of Louisiana hereby creates The Veterans First Business 12 Initiative which shall be administered by Louisiana Economic Development. 13 C. It is the intent of the Legislature of Louisiana: 14 (1) That The Veterans First Business Initiative shall highlight and promote 15 veteran-owned businesses to the public making them easily identifiable and 16 accessible to enable citizens to support veterans. 17 (2) That a cooperation among Louisiana Economic Development, the 18 Louisiana Department of Veterans Affairs, local chambers of commerce, regional 19 economic development organizations, and local economic development 20 organizations throughout the state is harmoniously developed in order to promote 21 veteran-owned businesses. 22 (3) That The Veterans First Business Initiative shall reach out to veterans 23 who own businesses to encourage and assist the veteran to apply for the program and 24 to facilitate interactions between veteran-owned businesses and veterans seeking 25 employment. 26 §3203. Definitions 27 For the purposes of this Chapter, terms and phrases shall have the meanings 28 ascribed as follows: 29 (1) "Department" means Louisiana Economic Development. Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-507 ENGROSSED HB NO. 391 1 (2) "Veteran" is an individual who meets either of the following 2 qualifications: 3 (a) A person who served in the active military and was discharged or 4 released under conditions other than dishonorable. 5 (b) An active or reserve member in any branch of the armed forces of the 6 United States, including the national guard, coast guard, and armed forces reserves. 7 (3) "Veteran-owned business" means a business of which at least fifty-one 8 percent is owned by a veteran. 9 §3204. Application; form; submission; confirmation; notification; appeal 10 A.(1) The department shall develop an application process including an 11 application form prescribed by the department, for the submission and processing of 12 applications for certification of a business as a veteran-owned business. 13 (2) As part of its procedure for certification, the department may require 14 applicants to provide information in addition to that requested on the application 15 forms. 16 (3) No business may be decertified as a result of any changes of application 17 form. 18 B. Upon receipt of an application, the department shall, in consultation with 19 the Louisiana Department of Veterans Affairs, confirm that the applicant is a veteran 20 and that the business is a veteran-owned business as defined in R.S. 51:3203. 21 C. The department shall notify the applicant of its decision to grant or deny 22 certification promptly after the decision has been made. If the department denies the 23 application, the decision shall set forth the basis for denial and provide the applicant 24 the opportunity to appeal the decision. 25 §3205. Insignia; creation; use 26 The department shall create an insignia for use by certified veteran-owned 27 businesses to indicate to the public that the business is part of The Veterans First 28 Business Initiative. After certification, a veteran-owned business shall have the 29 right and privilege of displaying the insignia on its storefront and on any promotional Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-507 ENGROSSED HB NO. 391 1 or marketing materials. The display of the insignia serves to distinguish the business 2 as being veteran-owned. 3 §3206. Database 4 The department shall create and maintain a database of certified veteran- 5 owned businesses. The department shall make the database available for public 6 access on its official webpage. 7 §3207. Outreach 8 The department shall work in cooperation with the Louisiana Department of 9 Veterans Affairs for outreach to regional economic development organizations, local 10 economic development organizations, and chambers of commerce throughout the 11 state. The cooperation shall serve to encourage business owners who are veterans 12 to seek certification as part of The Veterans First Business Initiative and to promote 13 veteran-owned businesses that have been certified pursuant to the provisions of this 14 Chapter. 15 §3208. Promulgation of rules and regulations 16 The department shall promulgate, in accordance with the Administrative 17 Procedure Act, any such rules and regulations as are necessary to implement the 18 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 Engrossed 2019 Regular Session Foil Abstract: Creates The Veterans First Business Initiative. Proposed law creates The Veterans First Business Initiative to be administered by La. Economic Development (LED) to certify a business as veteran-owned. Proposed law provides legislative intent in the creation of The Veterans First Business Initiative to indicate the intention to honor the sacrifice that La. veterans have made, encourage them to start a business, and to recognize businesses as veteran-owned. Proposed law envisions a cooperation among LED, the La. Department of Veterans Affairs (LDVA), local chambers of commerce, regional economic development organizations, and local economic development organizations throughout the state to promote veteran-owned businesses. Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-507 ENGROSSED HB NO. 391 Proposed law provides that the intent of The Veterans First Business Initiative shall include outreach to veterans who own businesses to encourage and assist the veteran to apply for the program and to facilitate interactions between veteran-owned businesses and veterans seeking employment. Proposed law requires LED to create the application and certification process, and create and maintain a database of veteran-owned businesses 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 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) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Commerce to the original bill: 1. Make technical changes. 2. Reorganize legislative findings and intent to commend veterans for their tremendous sacrifice, recognize the need for a program to aid in the reassimilation into civilian life, and encourage veterans to start businesses; to create The Veterans First Business Initiative; and to encourage cooperation between economic development organizations to promote and recognize businesses as veteran-owned and to facilitate interactions between veteran-owned businesses and veterans seeking employment. Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions.