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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), 3210(C)(1), and 3806(G)(2) and (4)(a),3
relative to certain funds within the Department of Agriculture and Forestry; to4
provide for the merger of the Feed Fund and the Fertilizer Fund; to provide for the5
merger of the Crop Pests and Diseases Fund, the Apiary Fund, and the Horticulture6
Fund; to provide for the Pesticide Fund; to provide for the disposition of monies; and7
to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 3:1407, 1421(1)(b), (2)(a) and (b), and (3), 1430.13(A) and (D),10
1655(C)(3) and (5)(a), 2311(B) and (D)(1), 3210(C)(1), and 3806(G)(2) and (4)(a) are11
hereby amended and reenacted to read as follows: 12
§1407. Disposition of funds13
A.(1) All fees, assessments, penalties, and all other funds received by the14
commission under the provisions of this Part Chapter, subject to the exceptions15
contained in Article VII, Section 9 of the Constitution of Louisiana, shall be16
deposited immediately upon receipt into the state treasury and shall be credited to the17
Bond Security and Redemption Fund.18
(2) Out of the funds remaining in the Bond Security and Redemption Fund19
after a sufficient amount is allocated from that fund to pay all obligations secured by20 HLS 11RS-551 ENGROSSED
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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 treasury by3
the commission under the provisions of this Part Chapter into a special fund which4
is hereby created in the state treasury and designated as the "Feed Fund" "Feed and5
Fertilizer Fund".6
(3) All unexpended and unencumbered monies in the fund at the end of each7
fiscal year shall remain in the fund. The monies in the fund shall be invested by the8
treasurer in the same manner as monies in the state general fund. All interest earned9
on monies from the fund invested by the state treasurer shall be deposited in the10
fund.11
B. Subject to appropriation, the monies in the Feed Fund Feed and Fertilizer12
Fund shall be used for the following purposes:13
(1) To provide for the expenses of the programs established by this Part14
Chapter and the expenses of the office of agricultural and environmental sciences,15
as determined by the commissioner.16
(2) To renovate, maintain, and equip a building on the Baton Rouge campus17
of the Louisiana State University and Agricultural and Mechanical College to18
provide administrative offices and analytical laboratories to be used in connection19
with the programs established by this Part Chapter.20
(3) To build, equip, and maintain a building to house the offices of the21
Department of Agriculture and Forestry.22
(4) To fund any and all costs related to the fulfillment of the powers,23
responsibilities, and purposes of this Part Chapter.24
C. The Department of Agriculture and Forestry or the Louisiana Agricultural25
Finance Authority on behalf of the Department of Agriculture and Forestry may fund26
the anticipated funds appropriated from the Feed Fund Feed and Fertilizer Fund into27
revenue bonds for the purpose of renovating a building on the Baton Rouge campus28
of the Louisiana State University and Agricultural and Mechanical College to29 HLS 11RS-551 ENGROSSED
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provide administrative offices and analytical laboratories to be used in connection1
with the programs established by this Part Chapter and for the purpose of acquiring,2
constructing, renovating, and equipping buildings and related facilities for use by the3
Department of Agriculture and Forestry in connection with promoting and assisting4
agriculture and forestry in this state. The Department of Agriculture and Forestry5
may pledge those funds to secure the repayment of revenue bonds or to secure a6
lease or purchase agreement entered into in connection with the issuance of revenue7
bonds for those purposes.8
* * *9
§1421. Disposition of funds10
All fees, penalties, except for the deficiency assessments paid to a purchaser-11
user of fertilizer, as provided for in R.S. 3:1415, and other funds received under the12
provisions of this Subpart shall be received by the commission and disposed of in13
accordance with the following provisions:14
(1)15
* * *16
(b) 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 treasury by21
the commission under the provisions of this Chapter into a special fund which is22
hereby created in the state treasury and designated as the "Fertilizer Fund" "Feed and23
Fertilizer Fund".24
* * *25
(2) Subject to appropriation, the monies in the fund shall be used for the26
following purposes:27 HLS 11RS-551 ENGROSSED
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(a) To provide for the expenses of the programs established by Subparts I1
and II of this Chapter and the expenses of the office of agricultural and2
environmental sciences, as determined by the commissioner.3
(b) To renovate, maintain, and equip a building on the Baton Rouge campus4
of the Louisiana State University and Agricultural and Mechanical College to5
provide administrative offices and analytical laboratories to be used in connection6
with the programs established by this Subpart Chapter.7
* * *8
(3) The Department of Agriculture and Forestry, or the Louisiana9
Agricultural Finance Authority on behalf of the Department of Agriculture and10
Forestry, may fund the anticipated funds appropriated from the Fertilizer Fund Feed11
and Fertilizer Fund into revenue bonds for the purpose of renovating a building on12
the Baton Rouge campus of the Louisiana State University and Agricultural and13
Mechanical College to provide administrative offices and analytical laboratories to14
be used in connection with the programs established by this Subpart Chapter and for15
the purpose of acquiring, constructing, renovating, and equipping buildings and16
related facilities for use by the Department of Agriculture and Forestry in connection17
with promoting and assisting agriculture and forestry in this state. The Department18
of Agriculture and Forestry may pledge those funds to secure the repayment of19
revenue bonds or to secure a lease or purchase agreement entered into in connection20
with the issuance of revenue bonds for those purposes.21
* * *22
§1430.13. Disposition of fees and penalties23
A. All fees and penalties provided for in this Subpart Chapter shall be paid24
to the commission and disposed of as provided in this Section.25
* * *26
D. Out of the funds remaining in the Bond Security and Redemption Fund27
after a sufficient amount is allocated from that fund to pay all obligations secured by28
the full faith and credit of the state which become due and payable within any fiscal29 HLS 11RS-551 ENGROSSED
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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 the funds paid into the state treasury2
under the provisions of this Subpart Chapter into the Fertilizer Fund created by this3
Chapter Feed and Fertilizer Fund. The funds are to be used for the expenses of the4
programs established for the purposes of this Subpart Chapter and for the other5
purposes for which funds in the Fertilizer Fund Feed and Fertilizer Fund may be used6
as determined by the commissioner.7
* * *8
§1655. Entomologist to prepare rules and regulations; fees; Crop Pests and Diseases9
Fund Horticulture and Quarantine Fund; disposition of funds10
* * *11
C.12
* * *13
(3) Out of the funds remaining in the Bond Security and Redemption Fund14
after a sufficient amount is allocated from the fund to pay all obligations secured by15
the full faith and credit of the state which become due and payable within any fiscal16
year, the treasurer, prior to placing the remaining funds in the state general fund,17
shall pay an amount equal to the total amount of funds paid into the state treasury18
under the provisions of this Part into a special fund which is hereby created in the19
state treasury and designated as the Crop Pests and Diseases Fund Horticulture and20
Quarantine Fund.21
* * *22
(5) Subject to appropriation, the monies in the fund shall be used for the23
following purposes:24
(a) To provide for the expenses of the program established by this Part , and25
the expenses of the office of agricultural and environmental sciences, as determined26
by the commissioner of agriculture and forestry.27
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§2311. Disposition of funds1
* * *2
B. Out of the funds remaining in the Bond Security and Redemption Fund3
after a sufficient amount is allocated from that fund to pay all obligations secured by4
the full faith and credit of the state which become due and payable within any fiscal5
year, the treasurer, prior to placing the remaining funds in the state general fund,6
shall pay an amount equal to the total amount of funds paid into the state treasury7
under the provisions of this Part into a special fund which is hereby created in the8
state treasury and designated as the Apiary Fund Horticulture and Quarantine Fund.9
* * *10
D. Subject to appropriation, the monies in the fund shall be used for the11
following purposes:12
(1) To provide for the expenses of the program established by this Part , and13
the expenses of the office of agricultural and environmental sciences, as determined14
by the commissioner.15
* * *16
§3210. Pesticide Fund17
* * *18
C. The monies in the Pesticide Fund shall be used solely for the following19
purposes: 20
(1) To provide for the programs and activities provided for in Parts I through21
VI and VIII of this Chapter and the expenses of the office of agricultural and22
environmental sciences, as determined by the commissioner.23
* * *24
§3806. Fees25
* * *26
G.27
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(2) Out of the funds remaining in the Bond Security and Redemption Fund1
after a sufficient amount is allocated from that fund to pay all obligations secured by2
the full faith and credit of the state which become due and payable within any fiscal3
year, the treasurer, prior to placing the remaining funds in the state general fund,4
shall pay an amount equal to the total amount of funds paid into the state treasury5
under the provisions of this Chapter into a special fund which is hereby created in6
the state treasury and designated as the Horticulture Commission Fund Horticulture7
and Quarantine Fund.8
* * *9
(4) Subject to appropriation, the monies in the fund shall be used for the10
following purposes:11
(a) To provide for the expenses of the program established by this Chapter ,12
and the expenses of the office of agricultural and environmental sciences, as13
determined by the commission commissioner.14
* * *15
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 sciences as determined by the commissioner. Otherwise
retains present law. HLS 11RS-551 ENGROSSED
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are additions.
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
sciences as determined by the commissioner.
Present law creates the Pesticide Fund and provides for fees collected pursuant to the
Louisiana Pesticide Law. Provides for the disposition of fees and the allowable expenses
of Pesticide Fund monies.
Proposed law expands the allowable expenses of the fund to include the office of agricultural
and environmental sciences 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), 3210(C)(1), and 3806(G)(2) and (4)(a))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
original bill.
1. Corrected references to the office of agricultural and environmental sciences.
2. Added provisions regarding allowable expenses of the Pesticide Fund.