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Regular Session, 2010
SENATE BILL NO. 148
BY SENATORS THOMPSON, LONG, NEVERS, RISER, SMITH AND WALSWORTH
AGRICULTURE/FOREST DEPT. Provides relative to the Department of Agriculture and
Forestry and provides for technical changes. (gov sig)
AN ACT1
To amend and reenact R.S. 3:264(F), the introductory paragraph of 556.3(B), 556.4(B),2
559.4(I), 559.23(I), 732(D), 904(A), 1431(2), 1433(A)(3), 1440, 1604(A)(2) and (3),3
1742(1), 1743(A), 2062, 2091(L), the introductory paragraph of 2097(A), 3206,4
3211(B)(2), 3366(B)(2), the introductory paragraph of 3801(C), 3808(E)(4)(a) and5
(b), 4153(1) and (2), 4156(2), 4157(D), 4158(A), 4159(A), 4160(A), and 4602(21),6
to enact R.S. 3:732(B)(1)(j) and 1433(A)(4), (5), (6), and (7) and to repeal R.S. 3:6,7
7, 8, 9, 15, and 3366(B)(3), relative to the Department of Agriculture and Forestry;8
to provide relative to membership of various boards and commissions; to provide9
relative to voting, officers and meetings; to provide relative to stop orders; to provide10
relative to definitions; to provide for technical corrections; to repeal statistics11
requirements; to repeal provisions related to the registration of land; to repeal the12
Weather Modification Program; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 3:264(F), the introductory paragraph of 556.3(B), 556.4(B), 559.4(I),15
559.23(I), 732(D), 904(A), 1431(2), 1433(A)(3), 1440, 1604(A)(2) and (3), 1742(1),16
1743(A), 2062, 2091(L), the introductory paragraph of 2097(A), 3206, 3211(B)(2),17 SB NO. 148
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3366(B)(2), the introductory paragraph of 3801(C), 3808(E)(4)(a) and (b), 4153(1) and (2),1
4156(2), 4157(D), 4158(A), 4159(A), 4160(A), and 4602(21) are hereby amended and2
reenacted and R.S. 3:732(B)(1)(j) and 1433(A)(4), (5), (6), and (7) are hereby enacted to3
read as follows:4
§264. Louisiana Agricultural Finance Authority5
* * *6
F. A majority of the members shall constitute a quorum for the transaction7
of official business. All official actions of the Authority shall require an affirmative8
a majority vote of the members present and voting at any meeting.9
* * *10
§556.3. Louisiana Crawfish Promotion and Research Board11
* * *12
B. The board shall consist of fourteen thirteen members appointed by the13
commissioner of agriculture and forestry. The commissioner of agriculture and14
forestry or his designee shall serve as an ex officio member with the same rights and15
privileges, including voting rights, as other members. The other thirteen members16
shall be appointed by the commissioner in accordance with the following provisions:17
* * *18
§556.4. Officers and employees19
* * *20
B. The board may employ a director and an assistant director, who shall be21
appointed by the board subject to the approval of the commissioner. The board shall22
determine the amount of the funds which shall be used for salaries for personnel.23
The director and assistant director shall be in the unclassified service. The24
commissioner may employ such other personnel of the board as he deems25
appropriate. All employees of the board shall be under the direction and supervision26
of the commissioner. subordinate officers and employees, prescribe their duties27
and fix their compensation and terms of employment.28
* * *29 SB NO. 148
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§559.4. Louisiana Aquaculture Coordinating Council; creation; organization1
* * *2
I. The council shall may meet as needed at the call of the chairman or upon3
the request of any three members.4
* * *5
§559.23. Louisiana Aquatic Chelonian Research and Promotion Board6
* * *7
I. The board shall meet quarterly and may meet on the call of the chairman8
or upon the request of any three members. All meetings of the board and all9
minutes and records thereof shall be subject to R.S. 42:4.1 et seq. and R.S. 44:1 et10
seq.11
* * *12
§732. Livestock Brand Commission13
* * *14
B.(1) The commission shall be comprised of nine members appointed by the15
commissioner as follows:16
* * *17
(j) At the same time, in the same manner, and for the same term as18
provided for the appointment of the nine appointed members, the commissioner19
shall appoint one alternate for each member who shall be appointed from the20
same list of nominations submitted by the respective organizations. At large21
alternates shall possess the same qualifications as the member for whom he is22
appointed as an alternate. When, for any reason, a member is unable to be23
present at any meeting of the board, the alternate shall serve in his place and24
shall exercise all of the powers vested by law in the member, including the right25
to vote.26
* * *27
D. The commission shall meet at least quarterly and shall meet at other times28
annually or upon the call of the chairman or of any three members. The commission29 SB NO. 148
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shall not meet more than twelve times in any year.1
* * *2
§904. Penalty for violations; injunctive relief; costs3
A. Except as otherwise specifically provided in R.S. 3:403, whoever4
Whoever violates this Part or the regulations promulgated under this Part shall be5
fined not less than twenty-five dollars nor more than five hundred dollars, or6
imprisoned for not less than ten days nor more than six months, or both.7
* * *8
§1431. Terms defined9
As used in this Chapter, the following terms have the meanings given:10
* * *11
(2) "Agricultural seed" means any lawn, flower, oil, grass, forage, cereal,12
fiber, or other kinds of crop seed sold, offered for sale, or used in Louisiana for13
agricultural or other purposes, and any combinations of such seeds.14
* * *15
§1433. Powers and duties of seed commission16
A. The commission shall:17
* * *18
(3) In making rules and regulations, give consideration to the following with19
respect to each kind of seed or other propagating stock regulated by this Chapter:20
(a) The minimum requirements of varietal purity and mechanical standards.21
(b) The kind, quality, and estimated amounts to be available for sale in22
Louisiana during the next succeeding crop season.23
(c) The demand in Louisiana.24
(d) The agricultural practices for production in Louisiana as compared with25
the practice in other states.26
(e) The accepted cultural and trade practices prevailing in other states with27
respect to offering and displaying for sale, labeling, sampling, and making analyses.28
(f) The general welfare of growers in Louisiana.29 SB NO. 148
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(g)(4) Hold hearings on alleged violations of the provisions of this Chapter1
or of the rules and regulations adopted pursuant to this Chapter.2
(h)(5) Advise the commissioner on the civil penalties to be imposed or the3
injunctive or other civil relief to be sought to punish and restrain violations of the4
provisions of this Chapter or of the rules and regulations adopted pursuant to this5
Chapter.6
(i)(6) Perform such other advisory functions as the commissioner may assign7
to the commission.8
(j)(7) Declare plants to be weeds or noxious weeds in all or part of the state9
and to prohibit, restrict, or regulate the sale, distribution, movement, and use of weed10
seeds or noxious weed seeds by regulations adopted pursuant to this Chapter.11
* * *12
§1440. Stop-sale order13
A stop-sale order shall prohibit further sale, exchange, movement, or14
distribution of seeds included in the order until the commissioner is satisfied that this15
Chapter and rules and regulations of the commission have been complied with and16
the commissioner has issued a written release to the person with such seed. After a17
stop-sale order is given, the person receiving the stop-sale order shall have fifteen18
thirty days within which to comply and to obtain a written release of the order. This19
Section shall not prevent the commissioner from proceeding in accordance with20
other Sections in this Chapter.21
* * *22
§1604. Boll Weevil Eradication Commission23
A. In accordance with R.S. 36:901, the Boll Weevil Eradication Commission24
is hereby created within and is transferred to the Department of Agriculture and25
Forestry and shall consist of eight members as follows:26
* * *27
(2) Two cotton producers appointed by the commissioner from a list of six28
persons nominated by the Louisiana Cotton Producers and Grain Association.29 SB NO. 148
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(3) One cotton producer who does not hold membership in the Louisiana1
Cotton Producers and Grain Association or the Louisiana Farm Bureau Federation2
to be appointed by the commissioner from a list of nominees submitted by the3
chairman of the House Committee on Agriculture, Forestry, Aquaculture and Rural4
Development and a list of nominees submitted by the chairman of the Senate5
Committee on Agriculture, Forestry, Aquaculture and Rural Development.6
* * *7
§1742. Terms defined8
The terms used in this Part shall be construed to mean as follows:9
(1) "Sweet potatoes" means all sweet potatoes of the grades as recommended10
by the United States Department of Agriculture and the State Market Commission11
and such other grades as may be promulgated by the State Market Commission12
Louisiana Sweet Potato Advertising and Development Commission;13
* * *14
§1743. Louisiana Sweet Potato Advertising and Development Commission; creation15
and organization16
A. The Louisiana Sweet Potato Advertising and Development Commission17
is created with its domicile at Baton Rouge, Louisiana, to be composed of twelve18
thirteen members, eleven twelve of whom shall be appointed by the commissioner19
of agriculture and forestry. The thirteenth member shall be the commissioner20
who shall serve as The commissioner shall be an ex officio member of the21
commission with the same rights and privileges, including voting rights, as other22
members. Four of the eleven twelve members to be appointed shall be practical23
sweet potato growers, four shall be handlers or shippers of sweet potatoes, two three24
shall be commercial canners processors, and one shall be a banker with knowledge25
of the sweet potato industry.26
* * *27
§2062. Referendum vote28
Sections 555.5 2055 through 555.11 2061 of this Part shall take effect and be29 SB NO. 148
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in force at such time as approved in a referendum by eligible cattle producers in which a1
majority of those voting approve the measure. The date of voting shall be established by the2
commissioner of agriculture and the Louisiana Beef Industry Council and must be held at3
the office of the county agent in each parish under the supervision of the county agent and4
two producers, who shall register those producers that cast their ballots, count the ballots for5
and against at the time designated for the polls to close, sign the report forms, and send all6
ballots with the list of those voting and the report forms to the office of the commissioner7
of agriculture by registered or certified mail, return receipt requested, on the morning8
following the day of the election. The envelopes containing the election reports and ballots9
shall be well identified and shall remain sealed until the fifth day following the date of said10
election. On the fifth day following the election, the Louisiana Beef Industry Council shall11
schedule its quarterly meeting and at that meeting shall make the official count of the ballots.12
In all such referenda, in order to be eligible to vote, the proposed voter shall have produced13
cattle in the calendar year immediately preceding the referendum. This program may be14
extended for an indefinite period of time, in increments not to exceed five years each, by15
ratification and approval of a majority of the Louisiana cattle producers who vote in16
referenda to be called and held by the council in the manner set forth hereinabove.17
* * *18
§2091. Louisiana Board of Animal Health19
* * *20
L. The board may meet quarterly and may meet on the call of the chairman21
or upon the request of any three members. The board shall not meet more than22
twelve times in any calendar year.23
* * *24
§2097. Unlawful transportation of diseased animals or livestock or adulterated meat25
A. For purposes of this Section Chapter the following terms shall mean:26
* * *27
§3206. Cooperative agreements28
The commissioner may enter into any cooperative agreement with any person29 SB NO. 148
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in order to further the intent and purposes of this Part Chapter. Each cooperative1
agreement shall be a public record and shall be subject to the provisions of R.S. 44:12
et seq.3
* * *4
§3211. Louisiana Advisory Commission on Pesticides5
* * *6
B. The commission shall consist of the following eleven members appointed7
by the commissioner in accordance with the following provisions:8
* * *9
(2) One ground applicator who is a commercial applicator appointed from a10
list of three persons nominated by the Louisiana Pesticide Applicators Vegetation11
Management Association.12
* * *13
§3366. Administrative rules14
* * *15
B. All rules and regulations shall be adopted in accordance with the16
Administrative Procedure Act and the following special provisions:17
* * *18
(2) The commission shall notify each licensee in writing at his or her last19
known address at least seven days prior to any public hearing. Such notification20
may be sent by electronic mail.21
* * *22
§3801. Horticulture Commission23
* * *24
C. The following members shall serve terms of four years and shall be25
appointed by the commissioner, subject to confirmation of the Senate, and shall26
serve terms of four calendar years beginning with the year of appointment in27
accordance with the following provisions:28
* * *29 SB NO. 148
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§3808. Terms and conditions of licenses and permits1
* * *2
E. Landscape architects shall be subject to the following provisions:3
* * *4
(4)5
* * *6
(a) The applicant is the holder of a professional degree from a school whose7
curriculum has been accredited by the accrediting entity approved by the American8
Society of Landscape Architects or is the holder of a degree which the commission9
by rule has declared to be the educational equivalent of that degree and has10
completed a minimum of one year internship under the direct supervision of a11
licensed landscape architect, or landscape contractor horticulturist, or design12
professional in a related profession.13
(b) The applicant has completed six years of practical landscape architectural14
experience under the direct supervision of a licensed landscape architect or landscape15
contractor horticulturist, or design professional in a related profession.16
* * *17
§4153. Definitions18
As used in this Part, the following terms shall have the meanings ascribed to19
them in this Section:20
(1) "Board" means the Dairy Industry Promotion Board established in R.S.21
3:557.4 3:4154.22
(2) "Commissioner" means the Louisiana commissioner of agriculture and23
forestry.24
* * *25
§4156. Powers and duties of the board26
The board may:27
* * *28
(2) Establish and impose assessments on the sale of milk solids, milk fats,29 SB NO. 148
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and fluid milk components, subject to the limitations contained in R.S. 3:557.81
3:4158 and R.S. 3:557.9 3:4159.2
* * *3
§4157. Powers and duties of the commissioner4
* * *5
D. The commissioner shall appoint and employ all personnel necessary for6
the efficient and proper administration of this Part, except as provided in R.S.7
3:557.5 (B) 3:4155(B).8
§4158. Referendum9
A. The assessment authorized in R.S. 3:557.9 3:4159 shall not be levied or10
collected unless and until the question of its imposition and the exact amount thereof11
has been submitted to and approved by a majority of eligible dairy producers voting12
in a referendum to be conducted as provided in this Section.13
* * *14
§4159. Assessment15
A. The board is hereby authorized to levy an assessment not to exceed ten16
cents per hundredweight, or equivalent thereof, on all milk solids, milk fats, or fluid17
milk components sold. The assessment shall be due and payable at the first point of18
sale. The assessment shall be paid by each dairy producer who sells milk solids, milk19
fats, or fluid milk components to dairy cooperative associations, processors, or20
distributors. No assessment shall be levied or collected until approved by a majority21
of dairy producers voting in a referendum conducted in accordance with R.S. 3:557.822
3:4158.23
* * *24
§4160. Failure to pay assessment; penalty25
A. Each dairy cooperative association, processor, or distributor who fails to26
file any report required by the board or to pay the assessment authorized in R.S.27
3:557.9 3:4159 after approval in a referendum of dairy producers within the time28
prescribed by this Part shall forfeit to the commissioner the amount of the assessment29 SB NO. 148
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plus a penalty of ten percent of the assessment due, plus one percent of the1
assessment due for each month, or fraction thereof, of delay after the due date for2
payment of the assessment.3
* * *4
§4602. Definitions 5
As used in this Chapter, the following terms shall have the following6
meanings:7
* * *8
(21) "Weights, measures, and weighing and measuring devices" includes all9
weights, scales, beams, measures of every kind, instruments and mechanical devices10
for weighing or measuring, scanners or scanning devices that determine product11
identity and price at the point of sale at retail, and any appliances and accessories12
connected with any such instruments. However, it does not include or refer to13
devices used to meter or measure, other than by weight, water, natural or14
manufactured gas, or electricity.15
Section 2. R.S. 3:6, 7, 8, 9, 15, and 3366(B)(3) are hereby repealed in their entirety.16
Section 3. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument was prepared by Curry Johnson. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Thompson (SB 148)
Present law requires the commissioner to annually collect and compile for publication and
distribution, all statistics and facts relating to the character and resources of this State, to be
issued in pamphlet, circular, or other forms.
Proposed law repeals present law.
Present law requires the commissioner to keep in his office a register of lands for sale in the
state, and the names of persons who desire to purchase lands, or to secure employees or SB NO. 148
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employment in Louisiana. Provides that any citizen of Louisiana may register in the office
of the commissioner any lands owned by him which are for sale in the state, giving an
abstract of titles to the lands with a condensed description. Requires the registrant to pay a
fee of two dollars to the commissioner for each separate tract or parcel of land registered.
Proposed law repeals present law.
Present law further provides that any person desiring to purchase lands, or to secure
employees or employment, may register his name, with a statement of his wants, in the
office of the commissioner, on the payment of a fee of 50 cents to the commissioner.
Requires the register of the commissioner to be open to public examination free of charge.
Proposed law repeals present law.
Present law requires the commissioner to establish the Weather Modification Program within
the department, the purpose of which shall be to develop a method or methods of
augmenting precipitation to relieve periods of drought in Louisiana. Empowers the
commissioner to:
(1)Plan and conduct a campaign to publicize and promote weather modification.
(2)Encourage and assist private industry which has the necessary knowledge and
experience to develop pilot weather modification projects.
(3) Initiate, administer, and/or coordinate research and development projects pertaining
to weather modification.
(4)Contract for, receive, accept, and expend any funds made available from sources
outside state government.
(5)Enter into cooperative agreements or contracts with the state or federal government
or private industry with respect to any project or projects involving weather
modification.
Proposed law repeals present law.
Proposed law reduces the membership of the La. Crawfish Promotion and Research Board
from 14 to 13 members and removes the commissioner as an ex officio member.
Present law provides that La. Crawfish Promotion and Research Board may employ a
director and an assistant director, who shall be appointed by the board subject to the approval
of the commissioner. Requires the board to determine the amount of the funds which shall
be used for salaries for personnel. Provides for the director and assistant director to be in
the unclassified service. Authorizes the commissioner to employ such other personnel of
the board as he deems appropriate. Provides for all employees of the board to be under the
direction and supervision of the commissioner.
Proposed law authorizes the La. Crawfish Promotion and Research Board to employ
subordinate officers and employees, prescribe their duties and fix their compensation and
terms of employment.
Present law requires the La. Aquaculture Coordinating Council to meet at the call of the
chairman.
Proposed law authorizes the La. Aquaculture Coordinating Council to meet upon the request
of any three members.
Present law requires the La. Aquatic Chelonian Research and Promotion Board to meet SB NO. 148
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quarterly and may meet on the call of the chairman.
Proposed law removes the quarterly meeting requirement and authorizes the La. Aquatic
Chelonian Research and Promotion Board to meet upon the request of any three members.
Proposed law requires the commissioner to appoint one alternate for each member of the
Livestock Brand Commission who shall be appointed from the same list of nominations
submitted by respective organizations and possess the same qualifications as the member for
whom he is appointed as an alternate. Provides when, for any reason, a member is unable
to be present at any meeting of the board, the alternate shall serve in his place, and in such
case, the alternate exercises all of the powers vested by law in the member, including the
right to vote.
Present law requires the Livestock Brand Commission to meet at least quarterly and shall
meet at other times upon the call of the chairman or of any three members. Prohibits the
commission from meeting more than 12 times in any year.
Proposed law requires the Livestock Brand Commission to meet annually upon the call of
the chairman.
Present law requires that after a stop-sale order is given, the person receiving the stop-sale
order shall have 15 days within which to comply and to obtain a written release of the order.
Proposed law changes the time within which to comply from 15 days to 30 days.
Proposed law corrects references from the La. Cotton Producers Association to the La.
Cotton and Grain Association.
Proposed law increases the membership of the La. Sweet Potato Advertising and
Development Commission from 12 to 13 members and adds the commissioner as an ex
officio member of the commission with the same rights and privileges, including voting
rights, as other members. Increases the number of commercial processor members from two
to three.
Proposed law removes the requirement that the La. Board of Animal Health meet quarterly.
Present law prohibits the La. Board of Animal Health from meeting more than 12 times in
any calendar year.
Proposed law removes this provision.
Present law provides that the definition of weights, measures, and weighing and measuring
devices includes all weights, scales, beams, measures of every kind, instruments and
mechanical devices for weighing or measuring, scanners or scanning devices that determine
product identity and price at the point of sale at retail, and any appliances and accessories
connected with any such instruments. However, it does not include or refer to devices used
to meter or measure, other than by weight, water, natural or manufactured gas, or electricity.
Proposed law retains present law but removes requirement that the product identity and price
be made at the point of sale at retail.
Proposed law corrects references from the La. Pesticide Applicators to the La. Vegetation
Management Association.
Proposed law authorizes the Structural Pest Control Commission to notify licensees at least
seven days prior to any public hearing by electronic mail.
Present law requires Structural Pest Control Commission to mail a copy of an adopted rule SB NO. 148
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to each licensee at his or her last know address prior to the date the rule becomes effective.
Proposed law repeals present law.
Proposed law corrects a reference from a landscape contractor to a landscape horticulturist.
Proposed law corrects internal references and provides for technical corrections.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 3:264(F), 556.3(B) (intro para), 556.4(B), 559.4(I), 559.23(I), 732(D), 904(A),
1431(2), 1433(A)(3), 1440, 1604(A)(2) and (3), 1742(1), 1743(A), 2062, 2091(L),
2097(A)(intro para), 3206, 3211(B)(2), 3366(B)(2), 3801(C) (intro para), 3808(E)(4)(a) and
(b), 4153(1) and (2), 4156(2), 4157(D), 4158(A), 4159(A), 4160(A) and 4602(21); Adds
R.S. 3:732(B)(1)(j) and 1433(A)(4), (5), (6), and (7); Repeals R.S. 3:6, 7, 8, 9, 15 and
3366(B)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill.
1. Changes the definition of weights, measures, and weighing and measuring
devices to include devices that determine product identity and price at the
point of sale at all levels.
2. Removes the repeal of fees for chemical analysis conducted by the director
of agriculture chemistry.
3. Provides for technical corrections.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Provides that alternates to the Livestock Brand Commission shall be
appointed from the list of nominations submitted by the respective
organizations instead of an alternate being appointed from the same area.
2. Technical amendments.