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Regular Session, 2010 ENROLLED
SENATE BILL NO. 148
BY SENATORS THOMPSON, LONG, NEVERS, RISER, SMITH AND WALSWORTH
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
3366(B)(2), the introductory paragraph of 3801(C), 3808(E)(4)(a) and (b), 4153(1) and (2),18
4156(2), 4157(D), 4158(A), 4159(A), 4160(A), and 4602(21) are hereby amended and19
reenacted and R.S. 3:732(B)(1)(j) and 1433(A)(4), (5), (6), and (7) are hereby enacted to20
read as follows:21
§264. Louisiana Agricultural Finance Authority22
* * *23
F. A majority of the members shall constitute a quorum for the transaction24
ACT No. 495 SB NO. 148 ENROLLED
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of official business. All official actions of the Authority shall require an affirmative1
a majority vote of the members present and voting at any meeting.2
* * *3
§556.3. Louisiana Crawfish Promotion and Research Board4
* * *5
B. The board shall consist of fourteen thirteen members appointed by the6
commissioner of agriculture and forestry. The commissioner of agriculture and7
forestry or his designee shall serve as an ex officio member with the same rights and8
privileges, including voting rights, as other members. The other thirteen members9
shall be appointed by the commissioner in accordance with the following provisions:10
* * *11
§556.4. Officers and employees12
* * *13
B. The board may employ a director and an assistant director, who shall be14
appointed by the board subject to the approval of the commissioner. The board shall15
determine the amount of the funds which shall be used for salaries for personnel.16
The director and assistant director shall be in the unclassified service. The17
commissioner may employ such other personnel of the board as he deems18
appropriate. All employees of the board shall be under the direction and supervision19
of the commissioner. subordinate officers and employees, prescribe their duties,20
and fix their compensation and terms of employment.21
* * *22
§559.4. Louisiana Aquaculture Coordinating Council; creation; organization23
* * *24
I. The council shall may meet as needed at the call of the chairman or upon25
the request of any three members.26
* * *27
§559.23. Louisiana Aquatic Chelonian Research and Promotion Board28
* * *29
I. The board shall meet quarterly and may meet on the call of the chairman30 SB NO. 148 ENROLLED
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or upon the request of any three members. All meetings of the board and all1
minutes and records thereof shall be subject to R.S. 42:4.1 et seq. and R.S. 44:1 et2
seq.3
* * *4
§732. Livestock Brand Commission5
* * *6
B.(1) The commission shall be comprised of nine members appointed by the7
commissioner as follows:8
* * *9
(j) At the same time, in the same manner, and for the same term as10
provided for the appointment of the nine appointed members, the commissioner11
shall appoint one alternate for each member who shall be appointed from the12
same list of nominations submitted by the respective organizations. At large13
alternates shall possess the same qualifications as the member for whom he is14
appointed as an alternate. When, for any reason, a member is unable to be15
present at any meeting of the board, the alternate shall serve in his place and16
shall exercise all of the powers vested by law in the member, including the right17
to vote.18
* * *19
D. The commission shall meet at least quarterly and shall meet at other times20
annually or upon the call of the chairman or of any three members. The commission21
shall not meet more than twelve times in any year.22
* * *23
§904. Penalty for violations; injunctive relief; costs24
A. Except as otherwise specifically provided in R.S. 3:403, whoever25
Whoever violates this Part or the regulations promulgated under this Part shall be26
fined not less than twenty-five dollars nor more than five hundred dollars, or27
imprisoned for not less than ten days nor more than six months, or both.28
* * *29
§1431. Terms defined30 SB NO. 148 ENROLLED
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As used in this Chapter, the following terms have the meanings given:1
* * *2
(2) "Agricultural seed" means any lawn, flower, oil, grass, forage, cereal,3
fiber, or other kinds of crop seed sold, offered for sale, or used in Louisiana for4
agricultural or other purposes, and any combinations of such seeds.5
* * *6
§1433. Powers and duties of seed commission7
A. The commission shall:8
* * *9
(3) In making rules and regulations, give consideration to the following with10
respect to each kind of seed or other propagating stock regulated by this Chapter:11
(a) The minimum requirements of varietal purity and mechanical standards.12
(b) The kind, quality, and estimated amounts to be available for sale in13
Louisiana during the next succeeding crop season.14
(c) The demand in Louisiana.15
(d) The agricultural practices for production in Louisiana as compared with16
the practice in other states.17
(e) The accepted cultural and trade practices prevailing in other states with18
respect to offering and displaying for sale, labeling, sampling, and making analyses.19
(f) The general welfare of growers in Louisiana.20
(g)(4) Hold hearings on alleged violations of the provisions of this Chapter21
or of the rules and regulations adopted pursuant to this Chapter.22
(h)(5) Advise the commissioner on the civil penalties to be imposed or the23
injunctive or other civil relief to be sought to punish and restrain violations of the24
provisions of this Chapter or of the rules and regulations adopted pursuant to this25
Chapter.26
(i)(6) Perform such other advisory functions as the commissioner may assign27
to the commission.28
(j)(7) Declare plants to be weeds or noxious weeds in all or part of the state29
and to prohibit, restrict, or regulate the sale, distribution, movement, and use of weed30 SB NO. 148 ENROLLED
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seeds or noxious weed seeds by regulations adopted pursuant to this Chapter.1
* * *2
§1440. Stop-sale order3
A stop-sale order shall prohibit further sale, exchange, movement, or4
distribution of seeds included in the order until the commissioner is satisfied that this5
Chapter and rules and regulations of the commission have been complied with and6
the commissioner has issued a written release to the person with such seed. After a7
stop-sale order is given, the person receiving the stop-sale order shall have fifteen8
thirty days within which to comply and to obtain a written release of the order. This9
Section shall not prevent the commissioner from proceeding in accordance with10
other Sections in this Chapter.11
* * *12
§1604. Boll Weevil Eradication Commission13
A. In accordance with R.S. 36:901, the Boll Weevil Eradication Commission14
is hereby created within and is transferred to the Department of Agriculture and15
Forestry and shall consist of eight members as follows:16
* * *17
(2) Two cotton producers appointed by the commissioner from a list of six18
persons nominated by the Louisiana Cotton Producers and Grain Association.19
(3) One cotton producer who does not hold membership in the Louisiana20
Cotton Producers and Grain Association or the Louisiana Farm Bureau Federation21
to be appointed by the commissioner from a list of nominees submitted by the22
chairman of the House Committee on Agriculture, Forestry, Aquaculture and Rural23
Development and a list of nominees submitted by the chairman of the Senate24
Committee on Agriculture, Forestry, Aquaculture and Rural Development.25
* * *26
§1742. Terms defined27
The terms used in this Part shall be construed to mean as follows:28
(1) "Sweet potatoes" means all sweet potatoes of the grades as recommended29
by the United States Department of Agriculture and the State Market Commission30 SB NO. 148 ENROLLED
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and such other grades as may be promulgated by the State Market Commission1
Louisiana Sweet Potato Advertising and Development Commission;2
* * *3
§1743. Louisiana Sweet Potato Advertising and Development Commission; creation4
and organization5
A. The Louisiana Sweet Potato Advertising and Development Commission6
is created with its domicile at Baton Rouge, Louisiana, to be composed of twelve7
thirteen members, eleven twelve of whom shall be appointed by the commissioner8
of agriculture and forestry. The thirteenth member shall be the commissioner9
who shall serve as The commissioner shall be an ex officio member of the10
commission with the same rights and privileges, including voting rights, as other11
members. Four of the eleven twelve members to be appointed shall be practical12
sweet potato growers, four shall be handlers or shippers of sweet potatoes, two three13
shall be commercial canners processors, and one shall be a banker with knowledge14
of the sweet potato industry.15
* * *16
§2062. Referendum vote17
Sections 555.5 2055 through 555.11 2061 of this Part shall take effect and be18
in force at such time as approved in a referendum by eligible cattle producers in19
which a majority of those voting approve the measure. The date of voting shall be20
established by the commissioner of agriculture and the Louisiana Beef Industry21
Council and must be held at the office of the county agent in each parish under the22
supervision of the county agent and two producers, who shall register those23
producers that cast their ballots, count the ballots for and against at the time24
designated for the polls to close, sign the report forms, and send all ballots with the25
list of those voting and the report forms to the office of the commissioner of26
agriculture by registered or certified mail, return receipt requested, on the morning27
following the day of the election. The envelopes containing the election reports and28
ballots shall be well identified and shall remain sealed until the fifth day following29
the date of said election. On the fifth day following the election, the Louisiana Beef30 SB NO. 148 ENROLLED
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Industry Council shall schedule its quarterly meeting and at that meeting shall make1
the official count of the ballots. In all such referenda, in order to be eligible to vote,2
the proposed voter shall have produced cattle in the calendar year immediately3
preceding the referendum. This program may be extended for an indefinite period4
of time, in increments not to exceed five years each, by ratification and approval of5
a majority of the Louisiana cattle producers who vote in referenda to be called and6
held by the council in the manner set forth hereinabove.7
* * *8
§2091. Louisiana Board of Animal Health9
* * *10
L. The board may meet quarterly and may meet on the call of the chairman11
or upon the request of any three members. The board shall not meet more than12
twelve times in any calendar year.13
* * *14
§2097. Unlawful transportation of diseased animals or livestock or adulterated meat15
A. For purposes of this Section Chapter the following terms shall mean:16
* * *17
§3206. Cooperative agreements18
The commissioner may enter into any cooperative agreement with any person19
in order to further the intent and purposes of this Part Chapter. Each cooperative20
agreement shall be a public record and shall be subject to the provisions of R.S. 44:121
et seq.22
* * *23
§3211. Louisiana Advisory Commission on Pesticides24
* * *25
B. The commission shall consist of the following eleven members appointed26
by the commissioner in accordance with the following provisions:27
* * *28
(2) One ground applicator who is a commercial applicator appointed from a29
list of three persons nominated by the Louisiana Pesticide Applicators Vegetation30 SB NO. 148 ENROLLED
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Management Association.1
* * *2
§3366. Administrative rules3
* * *4
B. All rules and regulations shall be adopted in accordance with the5
Administrative Procedure Act and the following special provisions:6
* * *7
(2) The commission shall notify each licensee in writing at his or her last8
known address at least seven days prior to any public hearing. Such notification9
may be sent by electronic mail.10
* * *11
§3801. Horticulture Commission12
* * *13
C. The following members shall serve terms of four years and shall be14
appointed by the commissioner, subject to confirmation of the Senate, and shall15
serve terms of four calendar years beginning with the year of appointment in16
accordance with the following provisions:17
* * *18
§3808. Terms and conditions of licenses and permits19
* * *20
E. Landscape architects shall be subject to the following provisions:21
* * *22
(4)23
* * *24
(a) The applicant is the holder of a professional degree from a school whose25
curriculum has been accredited by the accrediting entity approved by the American26
Society of Landscape Architects or is the holder of a degree which the commission27
by rule has declared to be the educational equivalent of that degree and has28
completed a minimum of one year internship under the direct supervision of a29
licensed landscape architect, or landscape contractor horticulturist, or design30 SB NO. 148 ENROLLED
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professional in a related profession.1
(b) The applicant has completed six years of practical landscape architectural2
experience under the direct supervision of a licensed landscape architect or landscape3
contractor horticulturist, or design professional in a related profession.4
* * *5
§4153. Definitions6
As used in this Part, the following terms shall have the meanings ascribed to7
them in this Section:8
(1) "Board" means the Dairy Industry Promotion Board established in R.S.9
3:557.4 3:4154.10
(2) "Commissioner" means the Louisiana commissioner of agriculture and11
forestry.12
* * *13
§4156. Powers and duties of the board14
The board may:15
* * *16
(2) Establish and impose assessments on the sale of milk solids, milk fats,17
and fluid milk components, subject to the limitations contained in R.S. 3:557.818
3:4158 and R.S. 3:557.9 3:4159.19
* * *20
§4157. Powers and duties of the commissioner21
* * *22
D. The commissioner shall appoint and employ all personnel necessary for23
the efficient and proper administration of this Part, except as provided in R.S.24
3:557.5 (B) 3:4155(B).25
§4158. Referendum26
A. The assessment authorized in R.S. 3:557.9 3:4159 shall not be levied or27
collected unless and until the question of its imposition and the exact amount thereof28
has been submitted to and approved by a majority of eligible dairy producers voting29
in a referendum to be conducted as provided in this Section.30 SB NO. 148 ENROLLED
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* * *1
§4159. Assessment2
A. The board is hereby authorized to levy an assessment not to exceed ten3
cents per hundredweight, or equivalent thereof, on all milk solids, milk fats, or fluid4
milk components sold. The assessment shall be due and payable at the first point of5
sale. The assessment shall be paid by each dairy producer who sells milk solids, milk6
fats, or fluid milk components to dairy cooperative associations, processors, or7
distributors. No assessment shall be levied or collected until approved by a majority8
of dairy producers voting in a referendum conducted in accordance with R.S. 3:557.89
3:4158.10
* * *11
§4160. Failure to pay assessment; penalty12
A. Each dairy cooperative association, processor, or distributor who fails to13
file any report required by the board or to pay the assessment authorized in R.S.14
3:557.9 3:4159 after approval in a referendum of dairy producers within the time15
prescribed by this Part shall forfeit to the commissioner the amount of the assessment16
plus a penalty of ten percent of the assessment due, plus one percent of the17
assessment due for each month, or fraction thereof, of delay after the due date for18
payment of the assessment.19
* * *20
§4602. Definitions 21
As used in this Chapter, the following terms shall have the following22
meanings:23
* * *24
(21) "Weights, measures, and weighing and measuring devices" includes all25
weights, scales, beams, measures of every kind, instruments and mechanical devices26
for weighing or measuring, scanners or scanning devices that determine product27
identity and price at the point of sale at retail, and any appliances and accessories28
connected with any such instruments. However, it does not include or refer to29
devices used to meter or measure, other than by weight, water, natural or30 SB NO. 148 ENROLLED
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manufactured gas, or electricity.1
Section 2. R.S. 3:6, 7, 8, 9, 15, and 3366(B)(3) are hereby repealed in their entirety.2
Section 3. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: