HLS 11RS-551 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 193
BY REPRESENTATIVE ANDERS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AGRICULTURE: Merges certain funds within the Department of Agriculture and Forestry
AN ACT1
To amend and reenact R.S. 3:1407, 1421(1)(b), (2)(a) and (b), and (3), 1430.13(A) and (D),2
1655(C)(3) and (5)(a), 2311(B) and (D)(1), and 3806(G)(2) and (4)(a), relative to3
certain funds within the Department of Agriculture and Forestry; to provide for the4
merger of the Feed Fund and the Fertilizer Fund; to provide for the merger of the5
Crop Pests and Diseases Fund, the Apiary Fund, and the Horticulture Fund; to6
provide for the disposition of monies; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 3:1407, 1421(1)(b), (2)(a) and (b), and (3), 1430.13(A) and (D),9
1655(C)(3) and (5)(a), 2311(B) and (D)(1), and 3806(G)(2) and (4)(a) are hereby amended10
and reenacted to read as follows: 11
§1407. Disposition of funds12
A.(1) All fees, assessments, penalties, and all other funds received by the13
commission under the provisions of this Part Chapter, subject to the exceptions14
contained in Article VII, Section 9 of the Constitution of Louisiana, shall be15
deposited immediately upon receipt into the state treasury and shall be credited to the16
Bond Security and Redemption Fund.17
(2) Out of the funds remaining in the Bond Security and Redemption Fund18
after a sufficient amount is allocated from that fund to pay all obligations secured by19
the full faith and credit of the state which become due and payable within any fiscal20 HLS 11RS-551 ORIGINAL
HB NO. 193
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year, the treasurer, prior to placing the remaining funds in the state general fund,1
shall pay an amount equal to the total amount of funds paid into the state treasury by2
the commission under the provisions of this Part Chapter into a special fund which3
is hereby created in the state treasury and designated as the "Feed Fund" "Feed and4
Fertilizer Fund".5
(3) All unexpended and unencumbered monies in the fund at the end of each6
fiscal year shall remain in the fund. The monies in the fund shall be invested by the7
treasurer in the same manner as monies in the state general fund. All interest earned8
on monies from the fund invested by the state treasurer shall be deposited in the9
fund.10
B. Subject to appropriation, the monies in the Feed Fund Feed and Fertilizer11
Fund shall be used for the following purposes:12
(1) To provide for the expenses of the programs established by this Part13
Chapter, the expenses of the office of agricultural and environmental services, and14
as determined by the commissioner.15
(2) To renovate, maintain, and equip a building on the Baton Rouge campus16
of the Louisiana State University and Agricultural and Mechanical College to17
provide administrative offices and analytical laboratories to be used in connection18
with the programs established by this Part Chapter.19
(3) To build, equip, and maintain a building to house the offices of the20
Department of Agriculture and Forestry.21
(4) To fund any and all costs related to the fulfillment of the powers,22
responsibilities, and purposes of this Part Chapter.23
C. The Department of Agriculture and Forestry or the Louisiana Agricultural24
Finance Authority on behalf of the Department of Agriculture and Forestry may fund25
the anticipated funds appropriated from the Feed Fund Feed and Fertilizer Fund into26
revenue bonds for the purpose of renovating a building on the Baton Rouge campus27
of the Louisiana State University and Agricultural and Mechanical College to28
provide administrative offices and analytical laboratories to be used in connection29 HLS 11RS-551 ORIGINAL
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with the programs established by this Part Chapter and for the purpose of acquiring,1
constructing, renovating, and equipping buildings and related facilities for use by the2
Department of Agriculture and Forestry in connection with promoting and assisting3
agriculture and forestry in this state. The Department of Agriculture and Forestry4
may pledge those funds to secure the repayment of revenue bonds or to secure a5
lease or purchase agreement entered into in connection with the issuance of revenue6
bonds for those purposes.7
* * *8
§1421. Disposition of funds9
All fees, penalties, except for the deficiency assessments paid to a purchaser-10
user of fertilizer, as provided for in R.S. 3:1415, and other funds received under the11
provisions of this Subpart shall be received by the commission and disposed of in12
accordance with the following provisions:13
(1)14
* * *15
(b) Out of the funds remaining in the Bond Security and Redemption Fund16
after a sufficient amount is allocated from that fund to pay all obligations secured by17
the full faith and credit of the state which become due and payable within any fiscal18
year, the treasurer, prior to placing the remaining funds in the state general fund,19
shall pay an amount equal to the total amount of funds paid into the state treasury by20
the commission under the provisions of this Chapter into a special fund which is21
hereby created in the state treasury and designated as the "Fertilizer Fund" "Feed and22
Fertilizer Fund".23
* * *24
(2) Subject to appropriation, the monies in the fund shall be used for the25
following purposes:26
(a) To provide for the expenses of the programs established by Subparts I27
and II of this Chapter, the expenses of the office of agricultural and environmental28
services, and as determined by the commissioner.29 HLS 11RS-551 ORIGINAL
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(b) To renovate, maintain, and equip a building on the Baton Rouge campus1
of the Louisiana State University and Agricultural and Mechanical College to2
provide administrative offices and analytical laboratories to be used in connection3
with the programs established by this Subpart Chapter.4
* * *5
(3) The Department of Agriculture and Forestry, or the Louisiana6
Agricultural Finance Authority on behalf of the Department of Agriculture and7
Forestry, may fund the anticipated funds appropriated from the Fertilizer Fund Feed8
and Fertilizer Fund into revenue bonds for the purpose of renovating a building on9
the Baton Rouge campus of the Louisiana State University and Agricultural and10
Mechanical College to provide administrative offices and analytical laboratories to11
be used in connection with the programs established by this Subpart Chapter and for12
the purpose of acquiring, constructing, renovating, and equipping buildings and13
related facilities for use by the Department of Agriculture and Forestry in connection14
with promoting and assisting agriculture and forestry in this state. The Department15
of Agriculture and Forestry may pledge those funds to secure the repayment of16
revenue bonds or to secure a lease or purchase agreement entered into in connection17
with the issuance of revenue bonds for those purposes.18
* * *19
§1430.13. Disposition of fees and penalties20
A. All fees and penalties provided for in this Subpart Chapter shall be paid21
to the commission and disposed of as provided in this Section.22
* * *23
D. Out of the funds remaining in the Bond Security and Redemption Fund24
after a sufficient amount is allocated from that fund to pay all obligations secured by25
the full faith and credit of the state which become due and payable within any fiscal26
year, the treasurer, prior to placing the remaining funds in the state general fund,27
shall pay an amount equal to the total amount of the funds paid into the state treasury28
under the provisions of this Subpart Chapter into the Fertilizer Fund created by this29 HLS 11RS-551 ORIGINAL
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Chapter Feed and Fertilizer Fund. The funds are to be used for the expenses of the1
programs established for the purposes of this Subpart Chapter and for the other2
purposes for which funds in the Fertilizer Fund Feed and Fertilizer Fund may be used3
as determined by the commissioner.4
* * *5
§1655. Entomologist to prepare rules and regulations; fees; Crop Pests and Diseases6
Fund Horticulture and Quarantine Fund; disposition of funds7
* * *8
C.9
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(3) Out of the funds remaining in the Bond Security and Redemption Fund11
after a sufficient amount is allocated from the fund to pay all obligations secured by12
the full faith and credit of the state which become due and payable within any fiscal13
year, the treasurer, prior to placing the remaining funds in the state general fund,14
shall pay an amount equal to the total amount of funds paid into the state treasury15
under the provisions of this Part into a special fund which is hereby created in the16
state treasury and designated as the Crop Pests and Diseases Fund Horticulture and17
Quarantine Fund.18
* * *19
(5) Subject to appropriation, the monies in the fund shall be used for the20
following purposes:21
(a) To provide for the expenses of the program established by this Part, the22
expenses of the office of agricultural and environmental services, and as determined23
by the commissioner of agriculture and forestry.24
* * *25
§2311. Disposition of funds26
* * *27
B. Out of the funds remaining in the Bond Security and Redemption Fund28
after a sufficient amount is allocated from that fund to pay all obligations secured by29 HLS 11RS-551 ORIGINAL
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the full faith and credit of the state which become due and payable within any fiscal1
year, the treasurer, prior to placing the remaining funds in the state general fund,2
shall pay an amount equal to the total amount of funds paid into the state treasury3
under the provisions of this Part into a special fund which is hereby created in the4
state treasury and designated as the Apiary Fund Horticulture and Quarantine Fund.5
* * *6
D. Subject to appropriation, the monies in the fund shall be used for the7
following purposes:8
(1) To provide for the expenses of the program established by this Part, the9
expenses of the office of agricultural and environmental services, and as determined10
by the commissioner.11
* * *12
§3806. Fees13
* * *14
G.15
* * *16
(2) Out of the funds remaining in the Bond Security and Redemption Fund17
after a sufficient amount is allocated from that fund to pay all obligations secured by18
the full faith and credit of the state which become due and payable within any fiscal19
year, the treasurer, prior to placing the remaining funds in the state general fund,20
shall pay an amount equal to the total amount of funds paid into the state treasury21
under the provisions of this Chapter into a special fund which is hereby created in22
the state treasury and designated as the Horticulture Commission Fund Horticulture23
and Quarantine Fund.24
* * *25
(4) Subject to appropriation, the monies in the fund shall be used for the26
following purposes:27 HLS 11RS-551 ORIGINAL
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(a) To provide for the expenses of the program established by this Chapter,1
the expenses of the office of agricultural and environmental services, and as2
determined by the commission commissioner.3
* * *4
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Anders HB No. 193
Abstract: Provides for the merger of certain funds within the La. Dept of Agriculture and
Forestry.
Present law creates the Feed Fund and provides for commercial feed registration fees,
labeling fees, inspection fees, deficiency assessments, penalties, and fines. Provides for the
disposition of all collected fees, payment of obligations, and allowable expenses of feed fund
monies.
Present law creates the Fertilizer Fund and provides for registration fees for the sale of
fertilizer and agricultural liming materials, inspection fees, tonnage fees, deficiency
assessments, penalties, and fines. Provides for the disposition of all collected fees, payment
of obligations, and allowable expenses of fertilizer fund monies.
Proposed law merges the Feed Fund and the Fertilizer Fund and creates the Feed and
Fertilizer Fund. Expands the allowable expenses of the fund to include the office of
agricultural and environmental services as determined by the commissioner. Otherwise
retains present law.
Present law creates the Crop Pests and Diseases Fund and provides for nursery stock
inspection fees. Provides for the disposition of all collected fees, payment of obligations,
and allowable expenses of the crop pests and diseases fund monies.
Present law creates the Apiary Fund and provides for registration fees for colonies or
apiaries, inspection fees, assessments on bees, and penalties. Provides for the disposition
of all collected fees, payment of obligations, and allowable expenses of apiary fund monies.
Present law creates the Horticulture Commission Fund and provides for examination and
license fees for certain professional licenses, permit fees for nursery stock dealers and cut
flower dealers, renewal fees, and penalties. Provides for the disposition of all collected fees,
payment of obligations, and allowable expenses of horticulture fund monies.
Proposed law merges the Crop Pests and Diseases Fund, the Apiary Fund, and the
Horticulture Commission Fund and creates the Horticulture and Quarantine Fund. Expands
the allowable expenses of the fund to include the office of agricultural and environmental
services as determined by the commissioner.
(Amends R.S. 3:1407, 1421(1)(b), (2)(a) and (b), and (3), 1430.13(A) and (D), 1655(C)(3)
and (5)(a), 2311(B) and (D)(1), and 3806(G)(2) and (4)(a))