SLS 19RS-441 ORIGINAL
2019 Regular Session
SENATE BILL NO. 214
BY SENATORS WHITE AND CLAITOR AND REPRESENTATIVE FOIL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ECONOMIC DEVELOPMENT. Provides relative to the Department of Economic
Development and the Board of Commerce and Industry. (gov sig)
1 AN ACT
2 To amend and enact R.S. 51:923; relative to the Department of Economic Development and
3 the Board of Commerce and Industry; to provide for the members, authority, and
4 powers and duties of the members of the board; to provide for local public entity
5 participation; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 51:923 is hereby amended and reenacted to read as follows:
8 ยง923. Department of Economic Development; Board of Commerce and Industry;
9 membership
10 A. The Department of Economic Development is hereby created and shall be
11 advised by a board to be known as the State Board of Commerce and Industry which
12 board shall exercise the powers delegated to it by Article VII, Section 21(F), of the
13 Constitution of Louisiana.
14 B.(1) The Except as provided in Paragraph (2) of this Subsection, the
15 board shall consist of twenty-four members, fifteen of whom shall be appointed by
16 the governor from among representatives of the major economic groups within the
17 state of Louisiana; one who shall be an elected municipal official appointed by the
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1 governor from a list of three names submitted by the Louisiana Municipal
2 Association; and one who shall be an elected police juror, councilman,
3 commissioner, or parish president appointed by the governor from a list of three
4 names submitted by the Police Jury Association.
5 (2)(a)When matters are submitted to the board in furtherance of the
6 powers delegated to it by Article VII, Section 21(F) of the Constitution of
7 Louisiana, in addition to the members appointed as provided in Paragraph (1)
8 of this Subsection, the board shall include the following additional three
9 members representing the local taxing authorities for the parish in which the
10 project under consideration is located as follows:
11 (i) One member appointed by the presiding officer of the parish
12 governing authority.
13 (ii) One member appointed by the presiding officer of the school board.
14 (iii) One member appointed by the sheriff of the parish.
15 (b) The members appointed pursuant to this Paragraph may participate
16 in and vote on matters that are submitted to the board in furtherance of the
17 powers delegated to it by Article VII, Section 21(F) of the Constitution of
18 Louisiana.
19 (c) The terms of the additional members provided in this Paragraph shall
20 run concurrent with the term of their appointing authority and are not subject
21 to the provisions of R.S. 51:924. A member appointed shall continue to serve
22 until his successor is appointed and takes office. The members are subject to the
23 provisions of R.S. 51:925 and shall not hold public office or be an employee of
24 any of the appointing authorities as specified in this Paragraph.
25 (d) There may be at any board meeting appointees from one or more
26 parishes, however, only those members from the parish in which the subject
27 property is located shall be considered as members of the board with full
28 authority to participate and vote on the item before the board.
29 (e)(i) Prior to the consideration by the full board, the members from the
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1 parish in which a project under consideration is located may meet as a
2 subcommittee of the board. Subcommittee meetings may be held at a location
3 other than the domicile of the board and are subject to the provisions of the
4 Open Meetings Law, R.S. 42:11 et seq.
5 (ii) If the subcommittee by a majority vote recommends that an item be
6 approved, the item shall be sent to the full board for its consideration. If the
7 local subcommittee by majority vote rejects an item, the full board may not
8 consider the item except by a majority vote of the full membership of the board
9 including the relevant local members.
10 (f) The board shall adopt rules pursuant to the Administrative Procedure
11 Act as necessary for the effective administration of this Paragraph.
12 C. In addition, the governor or his designee, the lieutenant governor or his
13 designee, the secretary of the Department of Economic Development or his designee,
14 the chair of the Senate Committee on Revenue and Fiscal Affairs or his designee, the
15 chair of the Senate Committee on Commerce, Consumer Protection, and
16 International Affairs or his designee, the chair of the House of Representatives
17 Committee on Ways and Means or his designee, and the chair of the House of
18 Representatives Committee on Commerce or his designee, shall be ex officio
19 members of the board with full right to participate in and vote on all matters.
20 Section 2. This Act shall become effective upon signature by the governor or, if not
21 signed by the governor, upon expiration of the time for bills to become law without signature
22 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
23 vetoed by the governor and subsequently approved by the legislature, this Act shall become
24 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Leonore Heavey.
DIGEST
SB 214 Original 2019 Regular Session White
Present constitution authorizes the Board of Commerce and Industry, with gubernatorial
approval, to enter into contracts to exempt new and expanding manufacturing facilities from
local ad valorem taxation.
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Present law creates the Board of Commerce and Industry and provides for its membership.
Proposed law adds three local government appointees to the Board of Commerce and
Industry to represent the local taxing authorities for the parish in which the project under
consideration is located when the Board is exercising its constitutional authority to enter into
tax exemption contracts.
(1) One member appointed by the presiding officer of the authority.
(2) One member appointed by the presiding officer of the school board.
(3)One member appointed by the sheriff.
Proposed law gives full right to participate in and vote on matters to the local members when
the board is considering an exemption contract for a project located in their parish.
Proposed law provides that the terms of the local members will run concurrently with their
appointing authority and does not require Senate confirmation of the local members.
Proposed law requires that local members are qualified electors that do not hold public office
and are not employees of any of the appointing authorities.
Proposed law authorizes the three appointees from a parish to hold subcommittee meetings
to determine whether to approve or reject an application for an exemption contract in their
parish. Subcommittee meetings may be held outside Baton Rouge and are subject to the
Open Meetings Law.
Proposed law provides that if an item is approved by the subcommittee it shall be forwarded
to the board for approval. If an item is rejected the board may only consider the item if the
board, including the appropriate local members, by majority vote brings the item up for
consideration.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 51:923)
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