RS 39:100.42

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RS 39:100.42

§100.42. Definitions

For the purposes of this Subpart, the following terms shall have the following meanings:

(1)"Allocation fund" shall mean the Coronavirus Local Recovery Allocation Fund.

(2)"Allocation program" shall mean the Local Recovery Allocation Program administered by the commissioner of administration and GOHSEP.

(3)"CARES Act" shall mean the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136 and any guidance or regulations issued by the United States Department of the Treasury as of the date of this Act or thereafter relative to the CARES Act.

(4)"CARES fund" for the purposes of this Subpart, shall mean the monies received by the state from the federal government pursuant to the CARES Act in the amount of one billion eight hundred two million six hundred nineteen thousand three hundred forty-two dollars.

(5)"Commissioner" shall mean the commissioner of the division of administration of the state.

(6)"COVID-19" means the Coronavirus disease 2019.

(7)"Eligible business" means a for-profit corporation, a limited liability company, a partnership, or a sole proprietorship that meets all of the following criteria:

(a)Was domiciled in Louisiana as of March 1, 2020.

(b)Is in good standing with the secretary of state, if applicable.

(c)Suffered an interruption of business caused by forced or voluntary closures or restricted operations due to social distancing measures, decreased customer demand, cleaning or disinfection expenses, and providing personal protective equipment.

(d)Is at least fifty percent owned by one or more Louisiana residents, whether individual resident citizens or Louisiana domestic business entities.

(e)Filed Louisiana taxes for tax year 2018 or 2019, or, if an eligible business formed on or after January 1, 2020, intends to file Louisiana taxes for tax year 2020.

(f)Has customers or employees coming to its physical premises.

(g)Had no more than fifty full-time equivalent employees as of March 1, 2020.

(h)Is not a subsidiary of a business with more than fifty full-time equivalent employees, is not part of a larger business enterprise with more than fifty full-time equivalent employees, and is not owned by a business with more than fifty full-time equivalent employees.

(i)Does not exist for the purpose of advancing partisan political activity. Does not directly lobby federal or state officials.

(j)Does not derive income from passive investments without active participation in business operations.

(8)"Grant" means an award by the treasurer to an eligible business.

(9)"GOHSEP" shall mean the Governor's Office of Homeland Security and Emergency Preparedness.

(10)"Interruption of business" means business interruption caused by forced or voluntary closures or restricted operations, including but not limited to social distancing measures, decreased customer demand, cleaning or disinfection expenses, and providing personal protective equipment, related to COVID-19.

(11)"Local government unit" means a parish, municipality, town, township, village or other unit of general government below the state level with parishwide jurisdiction including but not limited to sheriffs, coroners, and district attorneys. Entities which do not fit within the definition of political subdivision as used in this Subpart shall have the parish with which they are affiliated submit the application.

(12)"Louisiana taxes" means all taxes administered by the secretary of the Department of Revenue pursuant to Title 47 of the Louisiana Revised Statutes of 1950, as amended.

(13)"Minority business enterprise" means a small business organized for profit performing a commercially useful function which is at least fifty percent owed by one or more minority individuals, women, or veterans, who also control and operate the business. In addition to the requirements of this Paragraph, if more than one person owns the enterprise, at least fifty percent of the owners must be resident citizens of the State. For the purposes of this Paragraph, "control" means exercising the power to make policy decisions and "operate" means being actively involved in the day-to-day management of the business.

(14)"Recovery program" means the Louisiana Main Street Recovery Program.

(15)"State" means the state of Louisiana.

(16)"Treasurer" means the state treasurer of Louisiana.

Acts 2020, No. 311, §1, eff. June 12, 2020.