§ 39:2176 — Certification of businesses by Louisiana Economic Development; listing of veteran

§2176. Certification of businesses by Louisiana Economic Development; listing of veteran
and service-connected disabled veteran-owned small entrepreneurships; reporting
A. The secretary of Louisiana Economic Development, hereinafter referred to in this
Section as the "department", shall certify businesses as veteran and service-connected
disabled veteran-owned small entrepreneurships for the purposes of this Chapter. "Veteran-owned small entrepreneurship" and "service-connected disabled veteran-owned 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's 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 six 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 veteran and service-connected disabled veteran-owned 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 veteran and service-connected disabled veteran-owned 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 the Louisiana Department of Veterans Affairs
and 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.

Legislative History

Acts 2009, No. 167, §1; Acts 2010, No. 1034, §3; Acts 2012, No. 498, §1, eff. June 5, 2012; Acts 2018, No. 585, §1, eff. May 28, 2018.