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Regular Session, 2011 ENROLLED
SENATE BILL NO. 89
BY SENATOR THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 3:3406(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
stock records, position records, balance sheets, scale tickets, and warehouse receipts18
of any warehouse, cotton merchant or cotton agent, or grain dealer required to be19
licensed under this Chapter, including all warehouses or grain dealers, or both,20
licensed under the United States Warehouse Act, as amended, and any applicant for21
licensure under this Chapter, or as otherwise permitted under this Chapter.22
* * *23
ACT No. 138 SB NO. 89 ENROLLED
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§3419. Records required1
* * *2
D. Each warehouse, cotton merchant, and grain dealer shall permit any3
officer or authorized representative of the commission to enter all locations listed on4
the application of such warehouse, cotton merchant, or grain dealer and inspect,5
copy, examine, or audit all contents, facilities, equipment, records, books, and6
accounts relating thereto. Such inspection, copying, examination, or audit may be7
made on any business day, during normal working hours. The warehouse, cotton8
merchant, or grain dealer shall provide the necessary assistance required for any9
inspection, copying, examination, or audit made in accordance with this Chapter or10
the rules and regulations adopted pursuant hereto.11
* * *12
§3421. Confidentiality of records13
Notwithstanding the provisions of Part II of Chapter 1 of Title 44 of the14
Louisiana Revised Statutes of 1950, all financial statements, position reports, and15
any other documents required for licensure and filed by applicants for licensure16
under this Chapter shall be kept confidential by the commission and its agents and17
employees and are not subject to disclosure except as follows: 18
* * *19
§3423. Deposit of the revenues of the commission; Agricultural Commodity20
Dealers and Warehouse Fund21
* * *22
D. Subject to appropriation, the monies in the fund shall be used for the23
following purposes:24
(1) To provide for the expenses of the program established by this Chapter,25
as determined by the commission commissioner.26
* * *27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 89 ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: