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ENROLLED
2026 Regular Session
HOUSE BILL NO. 618
BY REPRESENTATIVE MCMAKIN
1 AN ACT
2 To amend and reenact R.S. 36:104(A)(17)(d), (C), and (D) and 104.1(B)(1) and (2), (D), and
3 (E) and to enact R.S. 36:104(E), relative to fees and costs assessed by Louisiana
4 Economic Development; to provide for reporting requirements; to provide for the
5 amounts of certain fees and costs of the department; to authorize a new fee of the
6 department; to authorize reductions in and waiving of certain fees at the discretion
7 of the secretary of the department; to provide for an effective date; and to provide for
8 related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 36:104(A)(17)(d), (C), and (D) and 104.1(B)(1) and (2), (D), and (E)
11 are hereby amended and reenacted and R.S. 36:104(E) is hereby enacted to read as follows:
12 §104. Powers and duties of the secretary of economic development
13 A. In addition to the functions, powers, and duties otherwise vested in the
14 secretary by law, the secretary shall:
15 * * *
16 (17)(a)
17 * * *
18 (d) Any lease, sublease, or sale of property listed in this Paragraph has to first
19 be approved by the commissioner of administration, with reporting of the transaction
20 submitted to the Joint Legislative Committee on the Budget annually. After the lease,
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1 sublease, or sale of property has been initiated, the Joint Legislative Committee on
2 the Budget shall have oversight on the purchase process.
3 * * *
4 C. The amount of fees and costs shall not exceed the following:
5 (1) The fee for an advance notification shall not exceed two hundred fifty
6 three hundred fifty dollars.
7 (2) The fee for filing an application shall be equal to one-half of one percent
8 of the amount of the incentives or exempted taxes. However, the minimum amount
9 shall be five hundred six hundred fifty dollars and the maximum amount of the fee
10 shall be fifteen thousand twenty thousand dollars.
11 (3) The fee for a loan guaranty shall not exceed four five and one-half
12 percent of the guaranteed loan amount.
13 (4) The fee for an affidavit of final cost or project completion report,
14 regardless of whether it is the original report or an amended report, shall not exceed
15 two hundred fifty three hundred fifty dollars.
16 (5) The fee for an annual certification report, including but not limited to
17 compliance reports, employee reports, and payroll reports, shall not exceed two
18 hundred fifty three hundred fifty dollars.
19 (6) The fee for a contract amendment, including but not limited to a transfer
20 or name change, shall not exceed two hundred fifty three hundred fifty dollars.
21 (7) The fee for a contract renewal shall not exceed two hundred fifty six
22 hundred fifty dollars.
23 (8) The fee for a statutorily required verification report, including but not
24 limited to an expenditure verification by a certified public accountant or tax attorney,
25 audits, attestations, tax opinions, or other reports under agreed-upon procedures shall
26 not exceed the actual cost to the department based on hours expended at a rate not
27 to exceed two hundred fifty three hundred fifty dollars an per hour for
28 department-contracted services or salary and benefits for department employee
29 services.
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1 (9) The fee for any miscellaneous, unique administrative document,
2 including but not limited to special requests and revised or reissued certification or
3 rebate letters, shall not exceed three hundred fifty dollars.
4 D. Notwithstanding any provision of law to the contrary, the secretary may
5 exercise discretion in the collection of fees and may authorize a reduction of or
6 waive fees for small businesses if fees present a financial hardship and are
7 disproportionate to benefits received and the reduction or waiver is determined to be
8 in the best interest of the state.
9 D. E. Fees collected pursuant to Subsection C of the this Section shall be
10 used solely for costs associated with the administration of department programs.
11 §104.1. Fee for independent certified public accountant or tax attorney verification
12 reports required for certain Louisiana Economic Development programs
13 * * *
14 B. For purposes of this Section, the term "certified public accountant", or
15 "CPA", shall mean means a person who meets all of the following qualifications:
16 (1) Maintains an active unrestricted original certified public account
17 accountant license and is in good standing.
18 (2) Maintains a current Louisiana certified public account accountant firm
19 permit.
20 * * *
21 D. The applicant seeking certification of tax credits a statutorily required
22 verification report shall be responsible for and assessed an expenditure or expense
23 verification report fee which shall be equal to the actual cost of the verification
24 report. The fee shall not exceed twenty-five thousand dollars and shall be based upon
25 either an hourly rate not to exceed two hundred twenty-five three hundred
26 twenty-five dollars per hour for contract services, or the pro rata cost of salary and
27 benefits for a department-employed CPA.
28 E. The applicant seeking certification of tax credits shall be required to
29 submit an up-front deposit of the expenditure or expense verification report fee,
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1 which shall not exceed fifteen thousand twenty thousand dollars, as required by the
2 relative applicable program statute or rules.
3 * * *
4 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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