Louisiana 2019 Regular Session

Louisiana House Bill HB391 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 160
2019 Regular Session
HOUSE BILL NO. 391
BY REPRESENTATIVES FOIL, ABRAHAM, AMEDEE, BACALA, BAGLEY,
BAGNERIS, BARRAS, BERTHELOT, BILLIOT, BOURRIAQUE, BRASS, CHAD
BROWN, TERRY BROWN, CARMODY, STEVE CARTER, CHANEY,
CONNICK, COUSSAN, COX, CREWS, DAVIS, DUBUISSON, EDMONDS,
EMERSON, GAROFALO, GISCLAIR, GLOVER, GUINN, LANCE HARRIS,
HENRY, HILFERTY, HILL, HOFFMANN, HOLLIS, HORTON, HUVAL,
JACKSON, JEFFERSON, JENKINS, ROBERT JOHNSON, JONES, JORDAN,
LACOMBE, TERRY LANDRY, LEGER, LEOPOLD, LYONS, MACK, MARINO,
MCFARLAND, MCMAHEN, MIGUEZ, GREGORY MILLER, MOORE, JAY
MORRIS, MOSS, NORTON, PEARSON, POPE, PUGH, PYLANT,
SCHEXNAYDER, SEABAUGH, SIMON, SMITH, STOKES, TALBOT,
THOMAS, TURNER, WHITE, AND WRIGHT AND SENATORS BISHOP,
PEACOCK, THOMPSON, AND W ALSWORTH
1	AN ACT
2 To 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.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1.  Chapter 60 of Title 51 of the Louisiana Revised Statutes of 1950,
12 comprised 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".
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1 §3202.  Legislative findings; creation; intent
2	A.  The Legislature of Louisiana hereby finds and declares all of the
3 following:
4	(1)  It is necessary and appropriate to honor the sacrifice that Louisiana
5 veterans have made on our behalf.
6	(2)  A program recognizing and promoting veteran-owned businesses will
7 help to instill a sense of patriotism in the community and throughout the state and
8 will aid the men and women who were wounded, incapacitated, or otherwise placed
9 their lives on hold to fight for freedom.
10	(3)  After serving in the armed forces, veterans often return with dreams of
11 starting a business to continue to serve the community, reassimilate, and earn an
12 income in civilian life.
13	(4)  The legislature appreciates and recognizes veterans' sacrifices and
14 intends to encourage and promote veteran-owned businesses as a vital part of the
15 economy of the state.
16	B.  The Legislature of Louisiana hereby creates The Veterans First Business
17 Initiative which shall be administered by Louisiana Economic Development.
18	C.  It is the intent of the Legislature of Louisiana:
19	(1)  That The Veterans First Business Initiative shall highlight and promote
20 veteran-owned businesses to the public making them easily identifiable and
21 accessible to enable citizens to support veterans.
22	(2)  That a cooperation among Louisiana Economic Development, the
23 Louisiana Department of Veterans Affairs, local chambers of commerce, regional
24 economic development organizations, and local economic development
25 organizations throughout the state is harmoniously developed in order to promote
26 veteran-owned businesses.
27	(3)  That The Veterans First Business Initiative shall reach out to veterans
28 who own businesses to encourage and assist the veteran to apply for the program and
29 to facilitate interactions between veteran-owned businesses and veterans seeking
30 employment.
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1 §3203.  Definitions
2	For the purposes of this Chapter, terms and phrases shall have the meanings
3 ascribed as follows:
4	(1)  "Department" means Louisiana Economic Development.
5	(2) "Veteran" is an individual who meets either of the following
6 qualifications:
7	(a)  A person who served in the active military and was discharged or
8 released under conditions other than dishonorable.
9	(b) An active or reserve member in any branch of the armed forces of the
10 United States, including the national guard, coast guard, and armed forces reserves.
11	(3)  "Veteran-owned business" means a business of which at least fifty-one
12 percent is owned by a veteran or by a Gold Star surviving spouse of a member of the
13 armed forces as defined by the United States Department of Defense, and as may be
14 further provided for in rules promulgated under this Chapter.
15 §3204.  Application; form; submission; confirmation; notification; appeal
16	A.(1)  The department shall develop an application process including an
17 application form prescribed by the department, for the submission and processing of
18 applications for certification of a business as a veteran-owned business.
19	(2)  As part of its procedure for certification, the department may require
20 applicants to provide information in addition to that requested on the application
21 forms.
22	(3)  No business may be decertified as a result of any changes of application
23 form.
24	B.  Upon receipt of an application, the department shall, in consultation with
25 the Louisiana Department of Veterans Affairs, confirm that the applicant is a veteran
26 and that the business is a veteran-owned business as defined in R.S. 51:3203.
27	C.  The department shall notify the applicant of its decision to grant or deny
28 certification promptly after the decision has been made. If the department denies the
29 application, the decision shall set forth the basis for denial and provide the applicant
30 the opportunity to appeal the decision.
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1 §3205.  Insignia; creation; use
2	The department shall create an insignia for use by certified veteran-owned
3 businesses to indicate to the public that the business is part of The Veterans First
4 Business Initiative.   After certification, a veteran-owned business shall have the
5 right and privilege of displaying the insignia on its storefront and on any promotional
6 or marketing materials.  The display of the insignia serves to distinguish the business
7 as being veteran-owned.
8 §3206.  Database
9	The department shall create and maintain a database of certified veteran-
10 owned businesses.  The department shall make the database available for public
11 access on its official webpage.
12 §3207.  Outreach
13	The department shall work in cooperation with the Louisiana Department of
14 Veterans Affairs for outreach to regional economic development organizations, local
15 economic development organizations, and chambers of commerce throughout the
16 state.  The cooperation shall serve to encourage business owners who are veterans
17 to seek certification as part of The Veterans First Business Initiative and to promote
18 veteran-owned businesses that have been certified pursuant to the provisions of this
19 Chapter.
20 §3208.  Promulgation of rules and regulations
21	The department shall promulgate, in accordance with the Administrative
22 Procedure Act, any such rules and regulations as are necessary to implement the
23 provisions of the Chapter.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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