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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), the introductory paragraph of 3421, and2
3423(D)(1), relative to the Agricultural Commodity Dealer and Warehouse Law; to3
provide relative to powers of the commissioner; to provide relative to records; to4
transfer the authority of determining the expenses of the Agricultural Commodity5
Dealers and Warehouse Fund from the commission to the commissioner; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 3:3406(A)(2), 3419(D), the introductory paragraph of 3421, and9
3423(D)(1) are hereby amended and reenacted to read as follows: 10
§3406. Powers and duties of the commissioner11
A. The commissioner shall administer and enforce this Chapter in accordance12
with the rules and regulations promulgated by the commission. In the administration13
and enforcement of this Chapter, the commissioner and his duly constituted14
representatives are specifically authorized to do the following:15
* * *16
(2) Examine, copy, and audit the accounts, books, and records, including17 SB NO. 89
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stock records, position records, balance sheets, scale tickets, and warehouse receipts1
of any warehouse, cotton merchant or cotton agent, or grain dealer required to be2
licensed under this Chapter, including all warehouses or grain dealers, or both,3
licensed under the United States Warehouse Act, as amended, and any applicant for4
licensure under this Chapter, or as otherwise permitted under this Chapter.5
* * *6
§3419. Records required7
* * *8
D. Each warehouse, cotton merchant, and grain dealer shall permit any9
officer or authorized representative of the commission to enter all locations listed on10
the application of such warehouse, cotton merchant, or grain dealer and inspect,11
copy, examine, or audit all contents, facilities, equipment, records, books, and12
accounts relating thereto. Such inspection, copying, examination, or audit may be13
made on any business day, during normal working hours. The warehouse, cotton14
merchant, or grain dealer shall provide the necessary assistance required for any15
inspection, copying, examination, or audit made in accordance with this Chapter or16
the rules and regulations adopted pursuant hereto.17
* * *18
§3421. Confidentiality of records19
Notwithstanding the provisions of Part II of Chapter 1 of Title 44 of the20
Louisiana Revised Statutes of 1950, all financial statements, position reports, and21
any other documents required for licensure and filed by applicants for licensure22
under this Chapter shall be kept confidential by the commission and its agents and23
employees and are not subject to disclosure except as follows: 24
* * *25
§3423. Deposit of the revenues of the commission; Agricultural Commodity26
Dealers and Warehouse Fund27
* * *28
D. Subject to appropriation, the monies in the fund shall be used for the29 SB NO. 89
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following purposes:1
(1) To provide for the expenses of the program established by this Chapter,2
as determined by the commission commissioner.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument was prepared by Curry Johnson. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Greg Waddell.
DIGEST
Thompson (SB 89)
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), 3421(intro para), and 3423(D)(1)) SB NO. 89
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill.
1. Makes technical correction relative to confidentiality of records.
Senate Floor Amendments to engrossed bill.
1. Allows copying of records and books to be performed on any business day
during normal working hours.
2. Requires the warehouse, cotton merchant, or grain dealer to provide the
necessary assistance required for any copying.