§104. Powers and duties of the secretary of economic development
A. In addition to the functions, powers, and duties otherwise vested in the secretary
by law, the secretary shall:
(1) Represent the public interest in the administration of this Chapter and shall be
responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this
Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and
promulgate rules and regulations necessary for the administration of the functions of the
department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the
functions and programs vested in the department, in the manner and to the extent provided
by this Title.
(5) Advise the governor on problems concerning the administration of the
department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of the
offices within the department, to cooperate with the federal government and with other state
and local agencies in matters of mutual concern and in the administration of federal funds
granted to the state or directly to the department or an office thereof to aid in the furtherance
of any function of the department and its offices. For this purpose, the secretary may take
such actions, in accordance with any applicable state law, necessary to meet such federal
standards as are established for the administration and use of such federal funds, except as
otherwise specifically provided in this Title or by the constitution and laws of this state. The
office shall develop and implement a plan to actively seek federal, private, and other grants
to support the activities of the department and advance the economic growth and prosperity
of the state.
(7) Make, publish, and submit electronically an annual report to the governor, every
member of the legislature, and the Senate Committee on Commerce, Consumer Protection,
and International Affairs, and the House Committee on Commerce concerning the operations
of the department, including an overview of each business incentive and assistance program
administered by the department, and submit with each report such recommendations as he
deems necessary for the more effective internal structure and administration of the
department, and make other reports and recommendations on his own initiative or upon
request of the governor, the legislature, or any committee or member thereof. The overview
of each business incentive and assistance program administered by the department shall
include a brief description of each program's objective and annual activity and performance
information including, as applicable, number of applications received, number of new
projects, amount of associated certified spending in the state, number of new permanent jobs,
number of construction jobs, number of retained permanent jobs, amount of associated
capital investment, and amount of incentive awarded.
(8) Repealed by Acts 2010, No. 1034, §3.
(9) Provide assistance to, respond to inquiries from, and obtain information for
individual businesses, firms, and local communities concerning regulatory matters, including
matters relating to compliance with regulatory policies, rules, and programs, timely responses
to permit applications, and consistency in regulatory practices.
(10) Provide for promotion and marketing of business opportunities in the state.
(11) Foster and enhance international maritime trade.
(12) Provide planning and marketing coordination and assistance to the ports of
Louisiana and connecting waterways' interest.
(13) Insure that an inventory is maintained of ports, navigable waterways, water
transportation facilities, intermodal transportation systems and facilities, and infrastructure
transportation systems, public and private, with respect to their location, capacities, and
capabilities and serve as a clearinghouse for inquiries pertaining to ports, waterways, and
intermodal transportation systems.
(14) Notwithstanding other provisions in this Subsection, the secretary of Louisiana
Economic Development may provide targeted economic development efforts in priority
economic development zones. Such targeted programs shall be in addition to programs
already in existence or any programs that may have been implemented in these areas by the
department under normal circumstances. "Priority economic development zone" means any
parish listed as one of the ten parishes with the highest unemployment rates in Louisiana and
any municipality listed as one of the twenty-five municipalities with the highest
unemployment rates in Louisiana as of July first of any given year and according to statistics
compiled by Louisiana Works.
(15)(a) On an annual basis, provide all of the following information to the legislature
no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of
submission to the legislature and which shows each staff position, whether filled or vacant,
that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the
organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in
electronic format and is further authorized, but is not required, to submit the report at the
time of submission of the annual report required by Paragraph (7) of this Subsection.
(16) Develop a comprehensive strategic plan and long-range economic development
plan in consultation with, and advice from, the Louisiana Economic Development
Partnership.
(17)(a) Notwithstanding any provision of law to the contrary and with the approval
of the commissioner of administration, have the authority to:
(i) Enter into a cooperative endeavor agreement or an interagency agreement
providing for the lease, sublease, or sale of property that is designated by the commissioner
of administration to be under the control and supervision of Louisiana Economic
Development for establishment and operation of a facility for the purpose of creating
economic benefits to the state, including new jobs, payroll, or other benefits.
(ii) Directly purchase property by act of cash sale or enter into an option for purchase
of property for the purpose of creating economic benefits to the state, including new jobs,
payroll, or other benefits.
(b) Any revenue received from the lease, sublease, or sale of property pursuant to this
Paragraph shall be deemed self-generated revenue and shall be deposited into the Site
Investment and Infrastructure Improvement Fund.
(c) For the sole purpose of exercising the authority granted in accordance with
Subparagraph (a) of this Paragraph, and with the approval of the division of administration,
the department may create a single purpose entity that shall have the authority to act on
behalf of the department for the limited purposes listed in Subparagraph (a) of this
Paragraph.
(d) Any lease, sublease, or sale of property listed in this Paragraph has to first be
approved by the commissioner of administration. After the lease, sublease, or sale of property
has been initiated, the Joint Legislative Committee on the Budget shall have oversight on the
purchase process.
B. The secretary shall have the authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for
the efficient administration of the executive office of the secretary and the performance of
its powers, duties, functions, and responsibilities and such other personnel, who are not
assigned to an office, as may be necessary for the efficient administration of the department
and for the performance of the responsibilities, powers, duties, and functions of agencies
transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a
contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient
administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil
service law, rules, and regulations, and with policies and rules of Louisiana Economic
Development, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and
commissions necessary in the administration of the department, except as otherwise provided
by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments
for purposes consistent with the responsibilities and functions of the department and take
such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to
employment and management.
(5) Assist small businesses, including minority businesses, of the state in capital
formation, offer assistance to such small businesses in obtaining such local, state, and federal
permits as are necessary for the conduct of business, and provide through the department for
ongoing technical and management assistance to small businessmen throughout the state.
(6) Do other such things, not inconsistent with law, as are necessary to perform
properly the functions vested in him.
(7) Establish and collect fees and recover costs from any person applying for
financial incentives or assistance granted by the department, not exceeding the amounts
provided for in Subsection C of this Section. The amount of the fees shall be established in
rules promulgated in accordance with the Administrative Procedure Act. The rules may also
include provisions for the reduction or waiver of fees and advance deposit for costs. All fees
shall be nonrefundable unless otherwise provided for by rules.
(8) Enter into interagency or cooperative agreements with the Department of
Environmental Quality to explore and develop markets and technologies for used or recycled
tire rubber that will assist and enable the development of Louisiana businesses.
(9) Establish and collect a verification report fee, as defined in R.S. 36:104.1, as
required for a Louisiana Economic Development incentive program. The fee shall be
established and collected as provided in R.S. 36:104.1, and as may be further provided by
rule promulgated in accordance with the Administrative Procedure Act.
(10) Notwithstanding any provision of law to the contrary, exercise discretion in
reconsidering the disallowance of any amounts of an incentive administered by Louisiana
Economic Development when the basis of the disallowance relates to the expiration of filing
deadlines or the failure to perform a requirement of the program due to the occurrence of an
event beyond the control of the incentive recipient.
C. The amount of fees and costs shall not exceed the following:
(1) The fee for an advance notification shall not exceed two hundred fifty dollars.
(2) The fee for filing an application shall be equal to one-half of one percent of the
amount of the incentives or exempted taxes. However, the minimum amount shall be five
hundred dollars and the maximum amount of the fee shall be fifteen thousand dollars.
(3) The fee for a loan guaranty shall not exceed four percent of the guaranteed loan
amount.
(4) The fee for an affidavit of final cost or project completion report, regardless of
whether it is the original report or an amended report, shall not exceed two hundred fifty
dollars.
(5) The fee for an annual certification report, including but not limited to compliance
reports, employee reports, and payroll reports shall not exceed two hundred fifty dollars.
(6) The fee for a contract amendment, including but not limited to a transfer or name
change shall not exceed two hundred fifty dollars.
(7) The fee for a contract renewal shall not exceed two hundred fifty dollars.
(8) The fee for a statutorily required verification report, including but not limited to
an expenditure verification by a certified public accountant or tax attorney, audits,
attestations, tax opinions, or other reports under agreed-upon procedures shall not exceed the
actual cost to the department based on hours expended at a rate not to exceed two hundred
fifty dollars an hour for department-contracted services or salary and benefits for department
employee services.
D. Fees collected pursuant to Subsection C of the Section shall be used solely for
costs associated with the administration of department programs.