§ 39:2006 — Certification of businesses by Louisiana Economic Development; listing of small

§2006. Certification of businesses by Louisiana Economic Development; listing of small
entrepreneurships; reporting
A. The secretary of Louisiana Economic Development, hereinafter the "department",
shall certify businesses as small entrepreneurships for the purposes of this Chapter. "Small
entrepreneurship" means any corporation, partnership, individual, sole proprietorship, joint
stock company, joint venture, or any other legal entity which meets all of the following
criteria:
(1) Independently owned and operated.
(2) Not dominant in its field of operations, which shall be determined by
consideration of the business' number of employees, volume of business, financial resources,
competitive status, and ownership or control of materials, processes, patents, license
agreements, facilities, and sales territory.
(3) Is owned by and has officers who are citizens or legal residents of the United
States, all of whom are domiciled in Louisiana, and who maintain the principal business
office in Louisiana.
(4) Together with any of its affiliate entities, has fewer than fifty full-time employees
with average annual gross receipts not exceeding ten million dollars per year for construction
operations and five million dollars per year for nonconstruction operations, for each of the
previous three tax years.
B. The department shall develop an application process for entities seeking
certification, which process shall be established through promulgation of rules and
regulations pursuant to the Administrative Procedure Act. The department shall notify each
applicant in writing relative to the outcome of their application. The department shall
maintain a listing of all small entrepreneurships which shall be updated monthly. This listing
shall be available on the Internet and shall also be available in written form upon written
request.
C. The certification of small entrepreneurships as provided herein shall supersede
all other rules and regulations promulgated by any agency specifically related to certification
or designation of a business which is small or in some other way noteworthy for purposes of
procurement and public contracts. However, this preeminence shall not apply to any
programs or activities required by the federal government.
D. The department shall consult with any other state agency as is necessary to carry
out the provisions of this Chapter. The department shall rely on data to be furnished by
Louisiana Works with respect to certification criteria related to numbers of employees.
E. Repealed by Acts 2010, No. 1034, §3.

Legislative History

Acts 2005, No. 440, §1, eff. July 11, 2005; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 1034, §3; Acts 2012, No. 498, §1, eff. June 5, 2012.