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ACT No. 31
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.
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
the full faith and credit of the state which become due and payable within any fiscal21
year, the treasurer, prior to placing the remaining funds in the state general fund,22
shall pay an amount equal to the total amount of funds paid into the state treasury by23
the commission under the provisions of this Part Chapter into a special fund which24 ENROLLEDHB NO. 193
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is hereby created in the state treasury and designated as the "Feed Fund" "Feed and1
Fertilizer Fund".2
(3) All unexpended and unencumbered monies in the fund at the end of each3
fiscal year shall remain in the fund. The monies in the fund shall be invested by the4
treasurer in the same manner as monies in the state general fund. All interest earned5
on monies from the fund invested by the state treasurer shall be deposited in the6
fund.7
B. Subject to appropriation, the monies in the Feed Fund Feed and Fertilizer8
Fund shall be used for the following purposes:9
(1) To provide for the expenses of the programs established by this Part10
Chapter and the expenses of the office of agricultural and environmental sciences,11
as determined by the commissioner.12
(2) To renovate, maintain, and equip a building on the Baton Rouge campus13
of the Louisiana State University and Agricultural and Mechanical College to14
provide administrative offices and analytical laboratories to be used in connection15
with the programs established by this Part Chapter.16
(3) To build, equip, and maintain a building to house the offices of the17
Department of Agriculture and Forestry.18
(4) To fund any and all costs related to the fulfillment of the powers,19
responsibilities, and purposes of this Part Chapter.20
C. The Department of Agriculture and Forestry or the Louisiana Agricultural21
Finance Authority on behalf of the Department of Agriculture and Forestry may fund22
the anticipated funds appropriated from the Feed Fund Feed and Fertilizer Fund into23
revenue bonds for the purpose of renovating a building on the Baton Rouge campus24
of the Louisiana State University and Agricultural and Mechanical College to25
provide administrative offices and analytical laboratories to be used in connection26
with the programs established by this Part Chapter and for the purpose of acquiring,27
constructing, renovating, and equipping buildings and related facilities for use by the28
Department of Agriculture and Forestry in connection with promoting and assisting29
agriculture and forestry in this state. The Department of Agriculture and Forestry30 ENROLLEDHB NO. 193
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may pledge those funds to secure the repayment of revenue bonds or to secure a1
lease or purchase agreement entered into in connection with the issuance of revenue2
bonds for those purposes.3
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§1421. Disposition of funds5
All fees, penalties, except for the deficiency assessments paid to a purchaser-6
user of fertilizer, as provided for in R.S. 3:1415, and other funds received under the7
provisions of this Subpart shall be received by the commission and disposed of in8
accordance with the following provisions:9
(1)10
* * *11
(b) Out of the funds remaining in the Bond Security and Redemption Fund12
after a sufficient amount is allocated from that fund to pay all obligations secured by13
the full faith and credit of the state which become due and payable within any fiscal14
year, the treasurer, prior to placing the remaining funds in the state general fund,15
shall pay an amount equal to the total amount of funds paid into the state treasury by16
the commission under the provisions of this Chapter into a special fund which is17
hereby created in the state treasury and designated as the "Fertilizer Fund" "Feed and18
Fertilizer Fund".19
* * *20
(2) Subject to appropriation, the monies in the fund shall be used for the21
following purposes:22
(a) To provide for the expenses of the programs established by Subparts I23
and II of this Chapter and the expenses of the office of agricultural and24
environmental sciences, as determined by the commissioner.25
(b) To renovate, maintain, and equip a building on the Baton Rouge campus26
of the Louisiana State University and Agricultural and Mechanical College to27
provide administrative offices and analytical laboratories to be used in connection28
with the programs established by this Subpart Chapter.29
* * *30 ENROLLEDHB NO. 193
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(3) The Department of Agriculture and Forestry, or the Louisiana1
Agricultural Finance Authority on behalf of the Department of Agriculture and2
Forestry, may fund the anticipated funds appropriated from the Fertilizer Fund Feed3
and Fertilizer Fund into revenue bonds for the purpose of renovating a building on4
the Baton Rouge campus of the Louisiana State University and Agricultural and5
Mechanical College to provide administrative offices and analytical laboratories to6
be used in connection with the programs established by this Subpart Chapter and for7
the purpose of acquiring, constructing, renovating, and equipping buildings and8
related facilities for use by the Department of Agriculture and Forestry in connection9
with promoting and assisting agriculture and forestry in this state. The Department10
of Agriculture and Forestry may pledge those funds to secure the repayment of11
revenue bonds or to secure a lease or purchase agreement entered into in connection12
with the issuance of revenue bonds for those purposes.13
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§1430.13. Disposition of fees and penalties15
A. All fees and penalties provided for in this Subpart Chapter shall be paid16
to the commission and disposed of as provided in this Section.17
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D. 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
the full faith and credit of the state which become due and payable within any fiscal21
year, the treasurer, prior to placing the remaining funds in the state general fund,22
shall pay an amount equal to the total amount of the funds paid into the state treasury23
under the provisions of this Subpart Chapter into the Fertilizer Fund created by this24
Chapter Feed and Fertilizer Fund. The funds are to be used for the expenses of the25
programs established for the purposes of this Subpart Chapter and for the other26
purposes for which funds in the Fertilizer Fund Feed and Fertilizer Fund may be used27
as determined by the commissioner.28
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§1655. Entomologist to prepare rules and regulations; fees; Crop Pests and Diseases1
Fund Horticulture and Quarantine Fund; disposition of funds2
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C.4
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(3) Out of the funds remaining in the Bond Security and Redemption Fund6
after a sufficient amount is allocated from the fund to pay all obligations secured by7
the full faith and credit of the state which become due and payable within any fiscal8
year, the treasurer, prior to placing the remaining funds in the state general fund,9
shall pay an amount equal to the total amount of funds paid into the state treasury10
under the provisions of this Part into a special fund which is hereby created in the11
state treasury and designated as the Crop Pests and Diseases Fund Horticulture and12
Quarantine Fund.13
* * *14
(5) Subject to appropriation, the monies in the fund shall be used for the15
following purposes:16
(a) To provide for the expenses of the program established by this Part , and17
the expenses of the office of agricultural and environmental sciences, as determined18
by the commissioner of agriculture and forestry.19
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§2311. Disposition of funds21
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B. Out of the funds remaining in the Bond Security and Redemption Fund23
after a sufficient amount is allocated from that fund to pay all obligations secured by24
the full faith and credit of the state which become due and payable within any fiscal25
year, the treasurer, prior to placing the remaining funds in the state general fund,26
shall pay an amount equal to the total amount of funds paid into the state treasury27
under the provisions of this Part into a special fund which is hereby created in the28
state treasury and designated as the Apiary Fund Horticulture and Quarantine Fund.29
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D. Subject to appropriation, the monies in the fund shall be used for the1
following purposes:2
(1) To provide for the expenses of the program established by this Part , and3
the expenses of the office of agricultural and environmental sciences, as determined4
by the commissioner.5
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§3210. Pesticide Fund7
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C. The monies in the Pesticide Fund shall be used solely for the following9
purposes: 10
(1) To provide for the programs and activities provided for in Parts I through11
VI and VIII of this Chapter and the expenses of the office of agricultural and12
environmental sciences, as determined by the commissioner.13
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§3806. Fees15
* * *16
G.17
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(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
the full faith and credit of the state which become due and payable within any fiscal21
year, the treasurer, prior to placing the remaining funds in the state general fund,22
shall pay an amount equal to the total amount of funds paid into the state treasury23
under the provisions of this Chapter into a special fund which is hereby created in24
the state treasury and designated as the Horticulture Commission Fund Horticulture25
and Quarantine Fund.26
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(4) Subject to appropriation, the monies in the fund shall be used for the28
following purposes:29 ENROLLEDHB NO. 193
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(a) To provide for the expenses of the program established by this Chapter ,1
and the expenses of the office of agricultural and environmental sciences, as2
determined by the commission commissioner.3
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: