SLS 11RS-304 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 89
BY SENATOR THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AGRICULTURAL COMMODITIES. Provides relative to changes in the Agricultural
Commodities Dealer and Warehouse Law. (gov sig)
AN ACT1
To amend and reenact R.S. 3:3406(A)(2), 3419(D) and 3423(D)(1), relative to the2
Agricultural Commodity Dealer and Warehouse Law; to provide relative to powers3
of the commissioner; to provide relative to records; to transfer the authority of4
determining the expenses of the Agricultural Commodity Dealers and Warehouse5
Fund from the commission to the commissioner; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 3:3406(A)(2), 3419(D) and 3423(D)(1) are hereby amended and8
reenacted to read as follows: 9
§3406. Powers and duties of the commissioner10
A. The commissioner shall administer and enforce this Chapter in accordance11
with the rules and regulations promulgated by the commission. In the administration12
and enforcement of this Chapter, the commissioner and his duly constituted13
representatives are specifically authorized to do the following:14
* * *15
(2) Examine, copy, and audit the accounts, books, and records, including16
stock records, position records, balance sheets, scale tickets, and warehouse receipts17 SB NO. 89
SLS 11RS-304 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of any warehouse, cotton merchant or cotton agent, or grain dealer required to be1
licensed under this Chapter, including all warehouses or grain dealers, or both,2
licensed under the United States Warehouse Act, as amended, and any applicant for3
licensure under this Chapter, or as otherwise permitted under this Chapter.4
* * *5
§3419. Records required6
* * *7
D. Each warehouse, cotton merchant, and grain dealer shall permit any8
officer or authorized representative of the commission to enter all locations listed on9
the application of such warehouse, cotton merchant, or grain dealer and inspect,10
copy, examine, or audit all contents, facilities, equipment, records, books, and11
accounts relating thereto. Such inspection, examination, or audit may be made on12
any business day, during normal working hours. The warehouse, cotton merchant,13
or grain dealer shall provide the necessary assistance required for any inspection,14
examination, or audit made in accordance with this Chapter or the rules and15
regulations adopted pursuant hereto.16
* * *17
§3423. Deposit of the revenues of the commission; Agricultural Commodity18
Dealers and Warehouse Fund19
* * *20
D. Subject to appropriation, the monies in the fund shall be used for the21
following purposes:22
(1) To provide for the expenses of the program established by this Chapter,23
as determined by the commission commissioner.24
* * *25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28
vetoed by the governor and subsequently approved by the legislature, this Act shall become29 SB NO. 89
SLS 11RS-304 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
effective on the day following such approval.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Johnson.
DIGEST
Present law specifically authorizes the commissioner or his authorized representatives to
examine and audit the accounts, books, and records, including stock records, position
records, balance sheets, scale tickets, and warehouse receipts of any warehouse, cotton
merchant or cotton agent, or grain dealer licensed under present law.
Proposed law retains present law and further authorizes the representatives to copy necessary
records of grain dealers, cotton merchants and warehouses.
Present law requires each warehouse, cotton merchant, and grain dealer to permit any
authorized representative of the commission to enter all locations on any business day during
normal working hours to inspect, examine, or audit all contents, facilities, equipment,
records, books, and accounts.
Proposed law retains present law and further authorizes the representative to copy necessary
records of grain dealers, cotton merchants and warehouses.
Present law creates the Agricultural Commodity Dealers and Warehouse Fund for deposit
of the revenues of the commission. One of the specific purposes of the fund is to provide
for the expenses of the program established by present law, as determined by the
commission.
Proposed law transfers the authority of determining the expenses of the fund from the
commission to the commissioner.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 3:3406(A)(2), 3419(D) and 3423(D)(1))