Amendment vs bill House Committee Amendment, #1615, COM, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HCAHB618 4875 1615 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed byHouse Committee on Commerce to Original House Bill No.
618 BY REPRESENTATIVE MCMAKIN AN ACT ToamendandreenactR.S.36:104(A)(17)(d),(C),and(D)and104.1(B)(1)and(2),(D),and (E) and to enact R.S.
618 by Representative McMakin AMENDMENT NO.
36:104(E), relative to fees and costs assessed by Louisiana Economic Development;
1 On page 1, line 2, change "104.1(B)(1)," to "104.1(B)(1) and (2)," AMENDMENT NO.
to provide for reporting requirements;
2 On page 1, line 3, after "36:104(E)" and before the comma "," delete "and (F)" AMENDMENT NO.
to provide for the amounts of certain fees and costs of the department;
3 On page 1, line 6, after "department;" delete the remainder of the line AMENDMENT NO.
to authorize a new fee of the department;
4 On page 1, line 7, delete "inflationary adjustments of certain fee amounts;" AMENDMENT NO.
to authorize reductions in and waiving of certain fees at the discretion ofthesecretaryofthedepartment;toprovideforaneffectivedate;andtoprovidefor related matters.
5 On page 1, line 10, change "104.1(B)(1)," to "104.1(B)(1) and (2)," AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
6 On page 1, line 11, change "and (F) are" to "is" AMENDMENT NO.
Section1.
7 On page 1, delete line 14 in its entirety and insert in lieu thereof the following:
R.S.36:104(A)(17)(d),(C),and(D)and104.1(B)(1)and(2),(D),and(E) are herebyamended and reenactedand R.S.
"C.
36:104(E) is herebyenacted to read as follows:
The amount of" AMENDMENT NO.
§104.
8 On page 3, delete lines 3 through 8 in their entirety AMENDMENT NO.
Powers and duties of the secretaryof economic development A.
9 On page 3, line 13, delete "shall mean" and insert "means" AMENDMENT NO.
In addition to the functions, powers, and duties otherwise vested in the secretary by law, the secretaryshall:
10 On page 3, line 14, delete "account" and insert "accountant" AMENDMENT NO.
* * * (17)(a) * * * (d)Anylease,sublease,orsaleofpropertylistedinthisParagraphhastofirst beapprovedbythecommissionerofadministration,withreportingofthetransaction submittedtotheJointLegislativeCommitteeontheBudgetannually.Afterthelease, Page 1 of 4 CODING:
11 On page 3, between lines 15 and 16, insert the following:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
"(2)MaintainsacurrentLouisiana certifiedpublic account accountantfirmpermit." Page 1 of 1 CODING:
HB NO.
618 ENROLLED sublease, or sale of property has been initiated, the Joint Legislative Committee on the Budget shall have oversight on the purchase process.
* * * 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 three hundred fifty dollars.
(2) The feefor filing an application shallbeequaltoone-halfofone percent of the amount of the incentives or exempted taxes.
However, the minimum amount shall be five hundred six hundred fifty dollars and the maximum amount of the fee shall be fifteen thousand twenty thousand dollars.
(3) The fee for a loan guaranty shall not exceed four five and one-half 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 three 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 three hundred fiftydollars.
(6) Thefeefor a contractamendment, including but not limited to a transfer or name change, shall not exceed two hundred fifty three hundred fifty dollars.
(7) The fee for a contract renewal shall not exceed two hundred fifty six hundred fifty dollars.
(8) The fee for a statutorily required verification report, including but not limitedtoanexpenditureverificationbyacertifiedpublicaccountantortaxattorney, audits,attestations,taxopinions,orotherreportsunderagreed-uponproceduresshall not exceed the actual cost to the department based on hours expended at a rate not to exceed two hundred fifty three hundred fifty dollars an per hour for department-contracted services or salary and benefits for department employee services.
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HB NO.
618 ENROLLED (9) The fee for any miscellaneous, unique administrative document, including but not limited to special requests and revised or reissued certification or rebate letters, shall not exceed three hundred fiftydollars.
D.
Notwithstanding any provision of law to the contrary, the secretarymay exercise discretion in the collection of fees and may authorize a reduction of or waive fees for small businesses if fees present a financial hardship and are disproportionateto benefitsreceivedandthereductionorwaiverisdeterminedtobe in the best interest of the state.
D.
E.
Fees collected pursuant to Subsection C of the this Section shall be used solely for costs associated with the administration of department programs.
§104.1.
Fee for independent certified public accountant or tax attorneyverification reports required for certain Louisiana Economic Development programs * * * B.
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For purposes of this Section, the term "certified public accountant", or "CPA", shall mean means a person who meets all of the following qualifications:
(1) Maintains an active unrestricted original certified public account accountant license and is in good standing.
(2) Maintains a current Louisiana certified public account accountant firm permit.
* * * D.
The applicant seeking certification of tax credits a statutorily required verification report shall be responsible for and assessed an expenditure or expense verification report fee which shall be equal to the actual cost of the verification report.Thefeeshallnotexceedtwenty-fivethousanddollarsandshallbebasedupon either an hourly rate not to exceed two hundred twenty-five three hundred twenty-five dollars per hour for contract services, or the pro rata cost of salary and benefits for a department-employed CPA.
E.
The applicant seeking certification of tax credits shall be required to submit an up-front deposit of the expenditure or expense verification report fee, Page 3 of 4 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
618 ENROLLED which shall not exceed fifteen thousand twentythousand dollars, as required by the relative applicable program statute or rules.
* * * Section 2.
This Act shall become effective on January 1, 2027.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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