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2025 Regular Session
SENATE BILL NO. 161
BY SENATOR MIZELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ECONOMIC DEVELOP DEPT. Provides relative to Louisiana Economic Development.
(8/1/25)
1 AN ACT
2 To amend and reenact R.S. 36:101(C)(1), 104(A)(17), the introductory paragraph of 108(B),
3 and 109(B), R.S. 51:940.1(A), 2311(D), 2314, 3132(7), 3135, and 3136(A) and to
4 enact R.S. 36:109(E) and (F) and R.S. 51:2364 and to repeal R.S. 47:6007(A)(18),
5 6022(C)(7), R.S. 51:935.1, 938.1, 3131, 3132(8), (9), and (10), 3133, and 3137,
6 relative to economic development; to provide relative to Louisiana Economic
7 Development; to provide for the structure and organization of Louisiana Economic
8 Development; to provide for powers and duties of the secretary of economic
9 development; to create the Louisiana Economic Development Innovation Fund; to
10 provide for membership and duties of an advisory board; to provide terms and
11 definitions; and to provide for related matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 36:101(C)(1), 104(A)(17), the introductory paragraph of 108(B), and
14 109(B) are hereby amended and reenacted and R.S. 36:109 (E) and (F) are hereby enacted
15 to read as follows:
16 §101. Louisiana Economic Development; creation; domicile; composition; purposes
17 and functions
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1 * * *
2 C.(1) The Louisiana Economic Development shall be composed of the
3 executive office of the secretary, the office of management and finance, the office
4 of business development, the office of port development, office of economic
5 development and other offices as shall be created by law.
6 * * *
7 §104. Powers and duties of the secretary of economic development
8 A. In addition to the functions, powers, and duties otherwise vested in the
9 secretary by law, the secretary shall:
10 * * *
11 (17)(a) Notwithstanding any provision of law to the contrary and with the
12 approval of the commissioner of administration, have the authority to:
13 (i) enter Enter into a cooperative endeavor agreement providing for the lease,
14 sublease, or sale of property that is designated by the commissioner of
15 administration to be under the control and supervision of Louisiana Economic
16 Development for establishment and operation of a facility for the purpose of creating
17 economic benefits to the state, including new jobs, payroll, or other benefits.
18 (ii) Directly purchase property by act of cash sale or enter into an option
19 for purchase of property for the purpose of creating economic benefits to the
20 state, including new jobs, payroll, or other benefits.
21 (b) Any revenue received from the lease, sublease, or sale of property
22 pursuant to this Paragraph shall be deemed self-generated revenue and shall be
23 deposited into the Site Investment and Infrastructure Improvement Fund.
24 * * *
25 §108. Offices; purposes and functions
26 * * *
27 B. The office of business economic development shall perform the following
28 functions of the state:
29 * * *
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1 §109. Transfer of boards, commissions, departments, and agencies to Louisiana
2 Economic Development
3 * * *
4 B. The following agencies are placed within the Louisiana Economic
5 Development and shall perform and exercise their powers, duties, functions, and
6 responsibilities as provided by law:
7 (1) The office of entertainment industry development (R.S. 51:938.1).
8 (2) The office of international commerce and the Louisiana Board of
9 International Commerce (R.S. 51:3131 et seq. R.S. 51:3132 et seq.).
10 (3)(2) The Louisiana Military Advisory Council (R.S. 29:61 et seq.).
11 * * *
12 E. The office of entertainment industry development is hereby abolished
13 and its powers, duties, functions, and responsibilities are transferred to
14 Louisiana Economic Development and hereafter shall be exercised and
15 performed as provided in R.S. 36:921 et seq.
16 F. The office of international commerce is hereby abolished and its
17 powers, duties, functions, and responsibilities are transferred to Louisiana
18 Economic Development and hereafter shall be exercised and performed as
19 provided in R.S. 36:921 et seq.
20 Section 2. R.S. 51:940.1(A), 2311(D), 2314, 3132(7), 3135, and 3136(A) are hereby
21 amended and reenacted and R.S. 36:109(E) and (F) and R.S. 51:2364 are hereby enacted to
22 read as follows:
23 §940.1. Motion picture investor; prohibition on certification for pornographic
24 materials
25 A. Purpose. The purpose of this Section is to provide heightened standards
26 and procedures for Louisiana Economic Development or the office of entertainment
27 industry development.
28 * * *
29 §2311. Louisiana Economic Development Corporation; creation; domicile; board of
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1 directors; terms; agency
2 * * *
3 D. The corporation shall be governed and its corporate powers exercised by
4 the board of directors. The secretary of Louisiana Economic Development shall serve
5 as president of the corporation, and the secretary or his designee shall be a member
6 of the board of directors. The undersecretary deputy secretary of Louisiana
7 Economic Development or his designee shall serve as secretary-treasurer of the
8 board but shall not be a member of the board.
9 * * *
10 §2314. Qualified state State development company
11 A. The corporation may establish a nonprofit corporation to qualify as a state
12 development company to engage in cooperative endeavors for economic
13 development purposes with the federal government for the purposes of participating
14 in loan programs authorized in 15 U.S.C. 695 et seq, and with other state and local
15 agencies, or private funding source organizations, in matters of mutual concern
16 to aid in the furtherance of any function of Louisiana Economic Development.
17 B. The nonprofit corporation established pursuant to this Section may engage
18 in cooperative endeavors with the federal government for the purposes of
19 participating in any other federal loan program for which it may become eligible any
20 lawful purpose to promote economic development in the state.
21 C. The members of the board of directors for the Louisiana Economic
22 Development Corporation may also serve as shall appoint board members for the
23 nonprofit corporation established pursuant to this Section.
24 * * *
25 §2364. Louisiana Economic Development Innovation Fund
26 A.(1) There shall hereby be established within the state treasury a special
27 statutorily dedicated fund account, the Louisiana Economic Development
28 Innovation Fund, hereinafter referred to as the "fund".
29 (2) The fund shall consist of monies made available for appropriation to
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1 Louisiana Economic Development. These funds may be used for economic
2 development initiatives as determined appropriate by the secretary, who shall
3 develop guidelines for objectives and performance-based criteria for fund
4 distribution.
5 (3) The legislature may appropriate monies into the fund, which shall be
6 deposited and categorized as fees and self-generated revenue for the sole
7 purpose of reporting related to executive budget, supporting documents, and
8 general appropriation bills, and shall be available for annual appropriation by
9 the legislature.
10 (4) Out of the funds remaining in the Bond Security and Redemption
11 Fund, after a sufficient amount is allocated from that fund to pay all obligations
12 secured by the full faith and credit of the state which becomes due and payable
13 within any fiscal year, the treasurer shall deposit in and credit to the fund the
14 fees deposited as provided in this Section.
15 B. The treasurer shall invest the money in the account in the same
16 manner as funds are invested in the state general fund. Interest earned from the
17 investments shall be credited back to the account, subject to compliance with
18 Article VII, Section 9(B) of the Constitution of Louisiana relating to the Bond
19 Security and Redemption Fund. All unexpended and unencumbered money
20 remaining in the account at the end of the fiscal year shall be retained within
21 the account.
22 * * *
23 §3132. Definitions
24 As used in this Chapter, the following terms shall have the meanings ascribed
25 to them below:
26 * * *
27 (7) "Master plan" means the Master Plan of International Commerce.
28 (8) "Office" means the office of international commerce within Louisiana
29 Economic Development.
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1 (9) "Project" means but is not limited to the construction of a physical asset
2 and associated infrastructure to be used in the course of the business of international
3 commerce, a business activity such as a marketing effort or the development of a
4 business relationship, or an executable strategy such as joint ventures between
5 governmental and nongovernmental organizations or businesses. Projects may be
6 undertaken by the office, another agency, or other entities as described in this
7 Chapter. For the purposes of this Chapter, "project" shall not be construed to include
8 any of the following:
9 (a) A project not consisting of the construction of a physical asset, including
10 infrastructure, with a projected final cost of less than one million dollars.
11 (b) A project consisting of construction of a physical asset, including
12 infrastructure, with a projected final cost of less than five million dollars.
13 (c) As it relates to ports, a project of any inland port or a project from any
14 port or harbor district other than an international port.
15 (10) "Secretary" means the secretary of Louisiana Economic Development.
16 * * *
17 §3135. Louisiana Board of International Commerce
18 A. The Louisiana Board of International Commerce is hereby created within
19 the office of international commerce of as an advisory board to Louisiana
20 Economic Development. The board shall be domiciled in East Baton Rouge Parish.
21 B. The board shall exercise, subject to the provisions of this Chapter, the
22 following duties:
23 (1) Develop, coordinate, implement, make reports on, manage, and provide
24 oversight of the Master Plan of International Commerce and prepare annual reports
25 to the legislature. The master plan conduct meetings, studies, and investigations
26 as the secretary may direct and shall report its findings and recommendations
27 to the secretary. The recommendations may be incorporated into Louisiana
28 Economic Development's master strategic plan, which shall position Louisiana
29 as a leader in international commerce and trade and shall include a comprehensive
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1 strategy addressing all matters of international commerce and trade for the state of
2 Louisiana. An annual report shall monitor the progress of the implementation of the
3 master plan and shall be submitted to the legislature for approval as set forth in R.S.
4 51:3137.
5 (2) Develop and execute a strategy to coordinate planning, marketing, and
6 resources between all private or nongovernmental organizations, private business
7 interests, international ports, the department, other departments of state government,
8 including the Department of Transportation and Development, the Department of
9 Agriculture and Forestry, the Department of Culture, Recreation and Tourism, and
10 any other federal or state governmental agency involved in international commerce.
11 (3) Establish criteria for projects to be included in the master plan and use
12 these criteria to evaluate and approve projects for inclusion in the master plan that
13 are submitted by the organizations, entities, or persons provided in Paragraph (2) of
14 this Subsection.
15 (4) Include in the master plan projects approved by the board.
16 (5) Include in the annual report a detailed description of each project included
17 in the master plan, and the current status of approved projects.
18 (6) Create a mechanism to establish priorities of the approved projects and
19 establish a procedure for the use of the priority system to control the order in which
20 projects included in the master plan are executed.
21 (7) Coordinate and assist the organizations, entities, or persons described in
22 Paragraph (2) of this Subsection in its development and execution of projects that are
23 approved by the board as being consistent with the comprehensive strategy of the
24 master plan and in the priority order established by the board. Such assistance by the
25 board shall include but not be limited to coordination between governmental and
26 nongovernmental organizations as well as assistance with the identification of capital
27 resources for the use of organizations that develop projects.
28 (8) Monitor implementation of a state strategy to attract foreign direct
29 investment and to attract international corporate business to Louisiana.
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1 (9) Identify, solicit, and recommend to the secretary, partnerships, joint
2 ventures, memoranda of understanding, cooperative endeavors, or other similar
3 relationships with local, state, or federal public entities, foreign governments,
4 nongovernmental organizations, or private entities and business interests to
5 implement the master plan. Such public entities shall include but are not limited to
6 the following: the Department of Transportation and Development, the Department
7 of Agriculture and Forestry, and the Department of Culture, Recreation and Tourism.
8 (10) Identify, accept, obtain or assist in obtaining, foreign, federal, state, and
9 private funds consistent with the provisions of this Chapter. Such funds shall include
10 funds from matching sources, gifts, grants, and donations.
11 (11) Develop and implement methods to self-generate funds. Such funds
12 obtained consistent with the provisions of this Chapter shall be used solely for the
13 operations of the office and execution of projects included in the master plan.
14 (12) Identify funding sources for infrastructure that is required to support
15 projects or existing facilities and assist organizations, entities, or persons provided
16 in Paragraph (2) of this Subsection to enter into business relationships, such as
17 public-private partnerships, to secure funding for such infrastructure.
18 (13) Conduct meetings and hold hearings.
19 (14) Adopt rules in accordance with the Administrative Procedure Act
20 consistent with the provisions of this Chapter.
21 (15) As determined by the board, the chairman shall appoint advisory
22 subcommittees to review, evaluate, and report to the board on projects proposed for
23 inclusion in the master plan or for other purposes as approved by the board. In
24 accordance with the scope of the subcommittee's work, the subcommittee may
25 include non-board personnel. Such personnel shall not be compensated by the board.
26 The board may request the secretary to engage experts to assist the board in
27 performing its functions and duties. Every effort shall be made to utilize the staff of
28 the office, department, international ports, nongovernmental organizations, or state
29 universities prior to the engagement of outside experts.
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1 (16) Establish a recommended annual budget for the operation of the office
2 and submit such recommended budget to the secretary for inclusion in the
3 department's annual budget. Funding of the office for the first year of operation shall
4 be derived from existing department resources and funds. Details of the office's
5 revenues and expenses, including its recommended annual budget, shall be included
6 in the annual report.
7 (17) Expend funds consistent with the provisions of this Chapter.
8 (18) Recommend that the secretary enter into agreements, memoranda of
9 understanding, and cooperative endeavors with foreign governments, private entities,
10 nongovernmental organizations, and local, state, and federal public entities that are
11 consistent with the provisions of this Chapter.
12 (19) Provide recommendations to the legislature with respect to the
13 implementation, management, and funding of the office.
14 (20) Present recommendations to the House Committee on Commerce and
15 the Senate Committee on Commerce, Consumer Protection, and International Affairs
16 by February first of each year for proposed legislation consistent with the
17 comprehensive strategy of the master plan and the provisions of this Chapter.
18 (21) Advise the secretary on any matter regarding the office.
19 §3136. Membership of board
20 A. The board shall consist of the following members:
21 (1) The secretary of the department or his designee.
22 (2) The secretary of the Department of Transportation and Development or
23 his designee.
24 (3) The commissioner of the Department of Agriculture and Forestry or his
25 designee.
26 (4) The secretary of the Department of Culture, Recreation and Tourism or
27 his designee, with consideration given to the appointment of the executive director
28 of the Council on the Development of French in Louisiana as his designee.
29 (5)(a)(3) Eight members appointed by the governor, one from within the
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1 geographic boundaries of each of the state's eight who represent regional
2 economic development organizations in the state. Such members shall, to the greatest
3 extent possible, be engaged in international commerce or trade. The governor shall
4 make the appointment from a list of names submitted by the following organizations:
5 (i) Greater New Orleans, Inc.
6 (ii) Baton Rouge Area Chamber.
7 (iii) Central Louisiana Economic Development Alliance.
8 (iv) Southwest Louisiana Partnership for Economic Development.
9 (v) North Louisiana Economic Partnership.
10 (vi) Acadiana Economic Development Council, Inc.
11 (vii) Northeast Louisiana Economic Alliance.
12 (viii) Jefferson Parish Economic Development Commission.
13 (ix) South Louisiana Economic Council.
14 (x) Ascension Chamber of Commerce.
15 (xi) River Region Chamber of Commerce.
16 (b) Each organization shall submit two names to the governor.
17 (6)(a)(4) Four Six members appointed by the governor, of which two
18 members one member shall represent international business, and two members one
19 member shall represent manufacturing business relating to international commerce,
20 two members shall represent the state's ports, and two members shall represent
21 the state's utility providers. The governor shall make the appointments from a list
22 of names submitted by the following organizations:
23 (i) Louisiana Association of Business and Industry.
24 (ii) The National Federation of Independent Business.
25 (iii) The World Trade Center New Orleans.
26 (iv) The Louisiana Chemical Association.
27 (v) New Orleans Board of Trade.
28 (vi) Le Centre International De Lafayette.
29 (b) Each organization shall submit two names to the governor.
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1 (7)(a) Six members appointed by the governor who represent international
2 ports. The governor shall make the appointments from a list of names submitted by
3 the following:
4 (i) Port of Greater Baton Rouge.
5 (ii) Lake Charles Harbor and Terminal District, Port of Lake Charles.
6 (iii) Port of New Orleans.
7 (iv) Plaquemines Port, Harbor and Terminal District.
8 (v) St. Bernard Port, Harbor and Terminal District.
9 (vi) Port of South Louisiana.
10 (b) Each port shall submit two names to the governor. The governor shall
11 select at least one representative from each of the ports submitting nominations.
12 (8)(a) One member appointed by the governor to represent the state's airports.
13 The governor shall make the appointments from a list of names submitted by
14 the following:
15 (i) Baton Rouge Metropolitan Airport.
16 (ii) The Chennault International Airport Authority.
17 (iii) Louis Armstrong New Orleans International Airport.
18 (iv) Shreveport Regional Airport.
19 (v) England Airpark.
20 (vi) Lafayette Regional Airport.
21 (vii) Monroe Regional Airport.
22 (b) Each airport shall submit two names to the governor. The governor shall
23 select one representative from the airports submitting nominations.
24 (9)(5) The commissioner of the office of multimodal commerce in the
25 Department of Transportation and Development or his designee.
26 * * *
27 Section 3. R.S. 47:6007(A)(18) and 6022(C)(7) and R.S. 51:935.1, 938.1, 3131,
28 3132(8), (9), and (10), 3133, and 3137 are hereby repealed.
29 Section 4. The Louisiana State Law Institute is hereby directed to change all
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1 references to the "office of entertainment industry development" to the "office of economic
2 development" in Louisiana Economic Development, throughout Title 47 of the Louisiana
3 Revised Statutes of 1950.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 161 Original 2025 Regular Session Mizell
Present law provides that Louisiana Economic Development (LED) shall be composed of
the executive office of the secretary, the office of management and finance, the office of
business development, the office of port development, and other offices created by law.
Proposed law replaces the executive office of the secretary, the office of management and
finance, the office of business development, and the office of port development with the
office of economic development.
Present law provides that the secretary shall have authority to enter into cooperative
endeavor agreements providing for the lease of property under the control and supervision
of LED.
Proposed law retains present law and adds that the secretary shall have authority to enter into
cooperative endeavor agreements providing for the subleasing or sale of property that is
designated by the commissioner of administration to be under the control and supervision
of LED, and authorizes the secretary to directly purchase property by act of cash sale or
enter into an option for purchase of property. Further provides that any revenue received
from such shall be deemed as self-generated revenue and shall be deposited into the Site
Investment and Infrastructure Fund.
Present law provides that the office of business development shall perform certain functions
of the state.
Proposed law retains present law except changes the name of the office of business
development to the office of economic development.
Present law places the office of entertainment industry development, the office of
international commerce and the La. Board of International Commerce, and the La. Military
Advisory Council, within LED.
Proposed law abolishes the office of entertainment industry development and the office of
international commerce and transfer its powers, duties, and functions to LED.
Present law creates the La. Economic Development Corporation and provides that the
corporation shall be governed and its corporate powers shall be exercised by a board of
directors. The secretary of LED shall serve as president of the corporation, and the secretary
or his designee shall be a member of the board of directors. The undersecretary of LED shall
serve as secretary-treasurer of the board but shall not be a member of the board.
Proposed law retains present law in part except provides that the deputy secretary of LED
or a designee shall serve as secretary-treasurer of the board but shall not be a member of the
board.
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Present law provides that the La. Economic Development Corporation has the authority to
establish a nonprofit corporation as a state development company, to engage in cooperative
endeavors with the federal government, primarily focusing on participating in loan
programs, for which it may become eligible. Further provides that members of the board of
directors for the La. Economic Development Corporation may also serve as board members
for the nonprofit corporation.
Proposed law retains present law in part, except provides that the La. Economic
Development Corporation has the authority to establish a nonprofit corporation as a state
development company for economic development purposes with the federal government and
with other state and local agencies, or private funding source organizations, in matters of
mutual concern to aid in the furtherance of any function of LED. Further provides that
members of the board of directors for the La. Economic Development Corporation shall
appoint board members for the nonprofit corporation.
Proposed law creates, within the state treasury, the La. Economic Development Innovation
Fund (the fund).
Proposed law provides that the fund shall consist of monies made available for appropriation
to LED and utilized for economic development initiatives as determined appropriate by the
secretary, who will develop certain guidelines for objectives and performance-based criteria
for fund distribution.
Proposed law allows the legislature to appropriate monies annually into the fund, which shall
be deposited and categorized as fees and self-generated revenue for the purpose of reporting
related to executive budget, supporting documents, and general appropriation bills.
Proposed law provides that out of the funds remaining in the Bond Security and Redemption
Fund, the treasurer shall deposit in and credit to the account the fees deposited as provided
in proposed law, after a sufficient amount is allocated from the fund to pay all obligations
secured by the full faith and credit of the state.
Proposed law provides that the treasurer shall invest the money in the account in the same
manner as funds are invested in the state general fund and all interest earned shall be credited
back to the account. Further provides that all unexpended and unencumbered money
remaining in the account at the end of the fiscal year shall be retained within the account.
Present law defines the terms "master plan", "office", and "project".
Proposed law removes the terms "master plan", "office", and "project" from present law.
Present law creates the La. Board of International Commerce (the board) within the office
of international commerce of LED and provides that the board shall exercise certain duties.
Proposed law removes the board from the office of international commerce and provides that
the board will operate as an advisory board to LED. Further removes all the duties of the
board in present law and provides that the duty of the board is to conduct meetings, studies,
and investigations as the secretary may direct and report all findings and recommendations
thereon to the secretary.
Present law provides that the board shall consist of the following members:
(1)The secretary of LED or his designee.
(2)The secretary of the Dept. of Transportation and Development or his designee.
(3)The commissioner of the Dept. of Agriculture and Forestry or his designee.
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(4)The secretary of the Dept. of Culture, Recreation and Tourism or his designee.
(5)Eight members appointed by the governor, who represent regional economic
development organizations in the state.
(6)Four members appointed by the governor, representing international business and
manufacturing business, relating to international commerce.
(7)Six members appointed by the governor who represent international ports.
(8)One member appointed by the governor to represent the state's airports.
(9)The commissioner of the office of multimodal commerce in the Dept. of
Transportation and Development or his designee.
Proposed law retains present law in part and provides that the board shall consist of 17-
appointed members as follows:
(1)The secretary of the LED or his designee.
(2)The commissioner of the Dept. of Agriculture and Forestry or his designee.
(3)Eight members appointed by the governor, one from within the geographic
boundaries of each of the state's eight regional economic development organizations.
(4)Six members appointed by the governor, of which one member shall represent
international business, one member shall represent manufacturing business relating
to international commerce, two members shall represent state's ports and two
members shall represent the state's utility providers.
(5)The commissioner of the office of multimodal commerce in the Dept. of
Transportation and Development or his designee.
Effective August 1, 2025.
(Amends R.S. 36:101(C)(1), 104(A)(17), 108(B)(intro para), and 109(B), R.S. 51:940.1(A),
2311(D), 2314, 3132(7), 3135, and 3136(A); adds R.S. 36:109(E) and (F), R.S. 51:2364;
repeals R.S. 47:6007(A)(18), 6022(C)(7), R.S. 51:935.1, 938.1, 3131, 3132(8), (9), and (10),
3133, and 3137)
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