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Regular Session, 2012
SENATE BILL NO. 656
BY SENATOR MORRISH
AGRICULTURE/FOREST DEPT. Provides relative to certain boards and commissions
within the Department of Agriculture and Forestry. (gov sig)
AN ACT1
To amend and reenact R.S. 3:3533(E), 3534(A)(2), (B), (F), (G), and (I)(5), 3535(D),2
3543(D), 3544(A)(3), (B), (D), (E), and (H)(5) and 3545(D) and to repeal R.S.3
3:3544(A)(9) and (10), relative to certain boards and commissions within the4
department; to provide relative to the authority of the Louisiana Rice Promotion5
Board; to provide relative to the authority of the Louisiana Rice Research Board; to6
provide relative to referenda on assessments; to provide relative to refunds on7
assessments; to authorize the commissioner to plan and conduct referenda; to8
authorize the commissioner to adopt rules and regulations; to repeal the five-year9
effective date for assessments; to provide for technical corrections; and to provide10
for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 3:3533(E), 3534(A)(2), (B), (F), (G), and (I)(5), 3535(D), 3543(D),13
3544(A)(3), (B), (D), (E), and (H)(5) and 3545(D) are hereby amended and reenacted to read14
as follows:15
§3533. Creation and organization16
* * *17 SB NO. 656
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E. The members of the board shall meet and organize immediately after their1
appointment and shall elect a chairman, vice chairman, and secretary-treasurer from2
the membership of the board. The duties of the officers shall be those customarily3
exercised by such officers or specifically designated by the board. The board may4
establish rules and regulations for its own government and the administration of the5
affairs of the board and shall have the following duties, functions, and authorizations6
in addition to and in conjunction with the aforenamed:7
(1) To plan and conduct, in such manner as the board may determine,8
referenda among producers for the approval or disapproval of the program in9
accordance with the provisions of this Chapter.10
(2)(1) To make recommendations and to advise the commissioner concerning11
rules and regulations relating to the administration of the collection of the12
assessments.13
(3)(2) To enter into contracts for rice promotion with rice promotion and14
other organizations relating to the production, handling, marketing and utilization of15
rice, which rice promotion organizations may include nonprofit organizations of16
which members of the board are members.17
(4)(3) To keep minutes, books and records which will clearly reflect all of its18
meetings, acts and transactions. The minutes, books and records at all times shall be19
subject to examination by any rice producer on whom an assessment has been20
collected.21
(5)(4) To publicize the actions of the board in the news media serving the rice22
areas of Louisiana.23
(6)(5) To investigate and cause prosecution to be instituted for violation of24
the provisions of this Chapter.25
* * *26
§3534. Levy of assessment; referendum, collection, and enforcement; records;27
refunds; transfer of funds28
A. Levy of assessment.29 SB NO. 656
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* * *1
(2) The obligation to pay the assessment shall apply to the producer for all2
rice marketed by him. To facilitate collection, this assessment shall be deducted by3
each miller or handler from the amount paid the producer at the first point of sale4
only, whether within or without the state; however, the assessment shall not be5
imposed unless and until the question of its imposition has been submitted to and6
been approved by a majority of the rice producers who vote in referendum as7
provided in Subsection B of this Section.8
* * *9
B. Referendum.10
(1) The levy of assessment as provided in Subsection A of this Section shall11
not be imposed unless and until the question of its imposition and, subject to the12
maxima provided in Subsection A, the amount thereof, has been submitted to and13
been approved by a majority of the rice producers who vote in a referendum. The14
commissioner may plan and conduct referenda among qualified rice producers15
for the approval or disapproval of the assessment or refund thereof as16
authorized in accordance with the provisions of this Chapter. The17
commissioner may adopt rules and regulations for the implementation of the18
provisions of this Chapter in accordance with the Administrative Procedure19
Act.20
(2) The next referendum shall be called and held by the board in the month21
of January, 1996. The rice producers of the state shall be notified by the board of the22
results of the referendum. The commissioner shall conduct a referendum on the23
levy of the assessment if one-third of qualified rice producers petition the24
commissioner for a referendum election. However, no referendum on the levy25
of the assessment shall be conducted more than once every five years.26
(3) If approved, the assessment shall be effective for a period of five crop27
years. It may be extended for an indefinite period of time, in increments of five years28
each, by ratification and approval by a majority vote of all the rice producers who29 SB NO. 656
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vote in referendum to be called and held by the board in the manner set forth1
hereinabove.2
(4)(3) In all such referenda, in order to be eligible to vote, the producer must3
have produced rice in the crop year immediately preceding the referendum.4
* * *5
F. Records. Every buyer shall keep a complete and accurate record of all rice6
purchased by him. Such records shall be in such form and contain such other7
information as the board commissioner shall by rule or regulation prescribe. The8
records shall be preserved by the buyer for a period of two years and shall be offered9
for inspection at any time upon oral or written demand by the commissioner or his10
duly authorized representative or agent thereof. Every buyer, at such time or times11
as the commissioner may require, shall submit reports or other documentary12
information deemed necessary for the efficient and equitable collection of the13
assessment levied in this Chapter. The commissioner shall have the power to cause14
any duly authorized agent or representative to enter upon the premises of any buyer15
of rice from which assessments were collected or to be collected and examine or16
cause to be examined by such agent any books, papers and records which deal in any17
way with respect to the payment of the assessment or enforcement of the provisions18
of this Chapter.19
G. Refunds.20
(1) If approved in a referendum called by the commissioner, as provided21
in Paragraph (2) of this Subsection, by a majority of the qualified rice22
producers voting therein, any Any rice producer may request and receive a refund23
of the amount deducted from his share of the proceeds from the sale of his rice24
provided he makes a written application with the commissioner within thirty days25
from the date of sale supported by copies of sales slips signed by the producer and26
provided further that the application is filed before the annual accounting is made27
and the funds are paid to the board.28
(2) Provided however, the refund as provided in this Subsection shall not be29 SB NO. 656
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available if a majority of the rice producers who vote in a referendum to be called1
and held by the board after January 1, 1992, vote to abolish the refund provisions of2
this Subsection. On or before July 1, 2013, the commissioner shall conduct a3
referendum among qualified rice producers pursuant to the refund as provided4
in Paragraph (1) of this Subsection. Thereafter, the commissioner shall conduct5
such referendum if one-third of qualified rice producers petition the6
commissioner for a referendum election. However, no referendum on such7
refund shall be conducted more than once every five years.8
(3) If a majority of the rice producers who vote in such a referendum vote to9
abolish the refund provisions, such refund provisions shall be null and void and shall10
thereafter have no effect. The commissioner shall notify rice producers of the11
results of any referendum called for this purpose.12
* * *13
I. Additional assessments.14
* * *15
(5) This assessment shall be subject to all the other requirements for16
assessments provided for in this Section, including the provisions for referenda and17
extension in five-year increments, subject to referenda.18
§3535. Failure to pay assessment; penalty19
* * *20
D. Whoever violates any provisions of this Chapter or any rule or regulation21
of the board commissioner pursuant to the provisions of this Chapter shall be guilty22
of a misdemeanor and upon conviction thereof shall be punished by a fine not to23
exceed one hundred dollars or by imprisonment not to exceed thirty days, or both.24
* * *25
§3543. Louisiana Rice Research Board; creation and organization26
* * *27
D. The members of the board shall meet and organize immediately after their28
appointment and shall elect a chairman, vice chairman, and secretary-treasurer from29 SB NO. 656
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the membership of the board, whose duties shall be those customarily exercised by1
such officers or specifically designated by the board. The board may establish rules2
and regulations for its own government and the administration of the affairs of the3
board and shall have the following duties, functions, and authorizations in addition4
to and in conjunction with the aforenamed:5
(1) To plan and conduct referenda among producers for the approval or6
disapproval of the program in accordance with the provisions of this Chapter.7
(2)(1) To make recommendations and to advise the commissioner concerning8
rules and regulations relating to the administration of the collection of the9
assessments.10
(3)(2) To receive the funds from the state treasury in accordance with the11
provisions of this Chapter.12
(4)(3) To expend funds collected for rice research and to enter into contracts13
with rice research organizations and/or agencies relating to the production, handling,14
marketing, or utilization of rice for the purposes of research.15
(5)(4) To keep minutes, books, and records which will clearly reflect all of16
its meetings, acts, and transactions. Said minutes, books, and records shall at all17
times be subject to examination by any rice producer on whom an assessment has18
been collected.19
(6)(5) To publicize the actions of the board in the news media serving the rice20
areas of Louisiana.21
* * *22
§3544. Levy of assessment; referendum; collection; enforcement; transfer of funds23
A. Levy of assessment.24
* * *25
(3) The obligation to pay the assessment shall apply to the producer for all26
rice marketed by him. To facilitate collection, this assessment is to be deducted by27
each miller or handler from the amount paid the producer at the first point of sale28
only, whether within or without the state; however, the assessment shall not be29 SB NO. 656
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imposed unless and until the question of its imposition and the amount thereof has1
been submitted to and been approved by a majority of the rice producers who vote2
in referendum to be called and held by the board within ninety days following the3
effective date of this Chapter. If the assessment is approved as provided in this4
Section, the assessment shall become effective July 1, 1973.5
* * *6
B. Referendum. No assessment provided for in this Section shall be imposed7
unless and until the question of its imposition has been submitted to and has been8
approved by a majority of the rice producers who vote in a referendum to be called9
and held by the board.10
(1) The commissioner may plan and conduct referenda among qualified11
rice producers for the approval or disapproval of the assessment or refund12
thereof as authorized in accordance with the provisions of this Chapter. The13
commissioner may adopt rules and regulations for the implementation of the14
provisions of this Chapter in accordance with the Administrative Procedure15
Act.16
(2) The commissioner shall conduct a referendum on the levy of the17
assessment if one-third of qualified rice producers petition the commissioner for18
a referendum election. However, no referendum on the levy of the assessment19
shall be conducted more than once every five years.20
(3) The board commissioner shall give notice of the results of the21
referendum to the rice producers of the state. In order to be eligible to vote in22
referenda conducted in accordance with this Subsection Chapter, each rice producer23
shall have produced rice in the crop year immediately preceding the crop year in24
which the referendum is held.25
* * *26
D. Records. Every buyer, miller, or handler shall keep a complete and27
accurate record of all rice purchased, milled, or handled by him. Such records shall28
be in such form and contain such other information as the board commissioner shall29 SB NO. 656
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by rule or regulation prescribe. The records shall be preserved by said buyer for a1
period of two years and shall be offered for inspection at any time upon oral or2
written demand by the commissioner or his duly authorized representative or agent3
thereof. Every buyer, miller, or handler, at such time or times as the commissioner4
may require, shall submit reports or other documentary information deemed5
necessary for the efficient and equitable collection of the assessment imposed in this6
Chapter. The commissioner shall have the power to cause any duly authorized agent7
or representative to enter upon the premises of any buyer, miller, or handler of rice8
from which assessments were collected or to be collected and examine or cause to9
be examined by such agent any books, papers, and records which deal in any way10
with the payment of the assessment or enforcement of the provision of this Chapter.11
E. Refunds.12
(1) If approved in a referendum called by the commissioner, as provided13
in Paragraph (2) of this Subsection, by a majority of the qualified rice14
producers voting therein, any Any rice producer may request and receive a refund15
of the amount deducted from his share of the proceeds from the sale of his rice16
provided he makes a written application with the commissioner within thirty days17
from the date of sale supported by copies of weight or settlement sheets by the buyer18
and provided further that the application is filed before the annual accounting is19
made and the funds are paid to the board.20
(2) Provided however, the refund as provided in this Subsection shall not be21
available if a majority of the rice producers who vote in a referendum to be called22
and held by the board after January 1, 1992, vote to abolish the refund provisions of23
this Subsection. On or before July 1, 2013, the commissioner shall conduct a24
referendum among qualified rice producers pursuant to the refund as provided25
in Paragraph (1) of this Subsection. Thereafter, the commissioner shall conduct26
such referendum if one-third of qualified rice producers petition the27
commissioner for a referendum election. However, no referendum on such28
refund shall be conducted more than once every five years.29 SB NO. 656
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(3) If a majority of the rice producers who vote in such a referendum vote to1
abolish the refund provisions, such refund provisions shall be null and void and shall2
thereafter have no effect.3
* * *4
H. Additional assessments.5
* * *6
(5) This assessment shall be subject to all the other requirements for7
assessments provided for in this Section, including the provisions for referenda and8
extension in five-year increments, subject to referenda.9
§3545. Failure to pay assessment: penalty10
* * *11
D. Whoever violates any other provisions of this Chapter or any rule or12
regulation of the board commissioner pursuant to the provisions of this Chapter shall13
be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine14
not to exceed one hundred dollars or by imprisonment not to exceed thirty days, or15
both.16
Section 2. R.S. 3:3544(A)(9) and (10) are hereby repealed in their entirety.17
Section 3. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Johnson.
DIGEST
Present law (R.S. 3:3533) creates the Louisiana Rice Promotion Board comprised of 9
members.
Proposed law retains present law.
Present law authorizes the board to establish rules and regulations for the government and
administration of the affairs of the board. Further authorizes the board to plan and conduct
referenda among producers for the approval or disapproval of the assessment program. SB NO. 656
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words in boldface type and underscored are additions.
Proposed law removes these provisions.
Present law levies an assessment at the rate not to exceed 3 cents per hundredweight, or the
equivalent thereof, of dry rough "paddy" rice produced in this state and a rate not to exceed
two and seventy one-hundredths cents per hundredweight, or the equivalent thereof, on rice
produced in this state and sold on a "green weight" basis.
Proposed law retains present law.
Present law further provides that the assessment shall not be imposed unless and until the
question of its imposition has been submitted to and been approved by a majority of the rice
producers who vote in a referendum.
Proposed law removes this provision.
Proposed law authorizes the commissioner to plan and conduct referenda among qualified
rice producers for the approval or disapproval of the assessment or refund thereof and further
authorizes the commissioner to adopt rules and regulations.
Present law requires a referendum to be called and held by the board in the month of
January, 1996.
Proposed law removes this provision.
Proposed law requires the commissioner to conduct a referendum on the levy of the
assessment if one-third of qualified rice producers petition the commissioner for a
referendum election.
Proposed law prohibits referendums on the levy of the assessments from being conducted
more than once every 5 years.
Present law provides that assessments shall be effective for a period of 5 crop years. Further
authorizes assessments to be extended for an indefinite period of time, in increments of 5
years each, by ratification and approval by a majority vote of all the rice producers who vote
in referendum to be called and held by the board.
Proposed law removes these provisions.
Present law provides that any rice producer may request and receive a refund of the amount
deducted from his share of the proceeds from the sale of his rice provided he makes a written
application with the commissioner within 30 days from the date of sale supported by copies
of sales slips signed by the producer and provided further that the application is filed before
the annual accounting is made and the funds paid to the board.
Proposed law retains present law.
Present law provides that refunds shall not be available if a majority of the rice producers
who vote in a referendum to be called and held by the board after January 1, 1992, vote to
abolish the refund provisions.
Proposed law removes this provision.
Proposed law requires the commissioner to conduct a referendum among qualified rice
producers on or before July 1, 2013. Thereafter, proposed law requires the commissioner
to conduct such referendum if one-third of qualified rice producers petition the
commissioner for a referendum election. However, no referendum on such refund shall be
conducted more than once every 5 years. SB NO. 656
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words in boldface type and underscored are additions.
Present law provides that if a majority of the rice producers who vote in a referendum vote
to abolish the refund provisions, such refund provisions shall be null and void and shall
thereafter have no effect.
Proposed law removes this provision.
Proposed law requires the commissioner to notify rice producers of the results of any
referendum.
Present law (R.S. 3:3543) creates the Louisiana Rice Research Board comprised of 13
members.
Proposed law retains present law.
Present law authorizes the board to establish rules and regulations for the government and
administrations of the affairs of the board. Further authorizes the board to plan and conduct
referenda among producers for the approval or disapproval of the assessment program.
Proposed law removes these provisions.
Present law levies an assessment at the rate not to exceed 3 cents per hundredweight, or the
equivalent thereof, of dry rough "paddy" rice produced in this state.
Proposed law retains present law.
Present law provides that the assessment shall not be imposed unless and until the question
of its imposition and the amount thereof has been submitted to and been approved by a
majority of the rice producers who vote in a referendum to be called and held by the board.
Proposed law removes this provision.
Proposed law authorizes the commissioner to plan and conduct referenda among qualified
rice producers for the approval or disapproval of the assessment or refund thereof and further
authorizes the commissioner to adopt rules and regulations.
Proposed law requires the commissioner to conduct a referendum on the levy of the
assessment if one-third of qualified rice producers petition the commissioner for a
referendum election.
Proposed law prohibits referendums on the levy of the assessments from being conducted
more than once every 5 years.
Present law provides that any rice producer may request and receive a refund of the amount
deducted from his share of the proceeds from the sale of his rice provided he makes a written
application with the commissioner within 30 days from the date of sale supported by copies
of weight or settlement sheets by the buyer and provided further that the application is filed
before the annual accounting is made and the funds paid to the board.
Proposed law retains present law.
Present law provides that refunds shall not be available if a majority of the rice producers
who vote in a referendum to be called and held by the board after January 1, 1992, vote to
abolish the refund provisions.
Proposed law removes this provision.
Proposed law requires the commissioner to conduct a referendum among qualified rice
producers on or before July 1, 2013. Thereafter, proposed law requires the commissioner SB NO. 656
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words in boldface type and underscored are additions.
to conduct such referendum if one-third of qualified rice producers petition the
commissioner for a referendum election. However, no referendum on such refund shall be
conducted more than once every 5 years.
Present law provides that if a majority of the rice producers who vote in a referendum vote
to abolish the refund provisions, such refund provisions shall be null and void and shall
thereafter have no effect.
Proposed law removes this provision.
Present law provides that the assessment shall be effective for a period of 5 crop years and
may be extended for an indefinite period of time in increments of 5 years each, by
ratification and approval of a majority vote of the rice producers who vote in referenda to
be called and held by the board.
Proposed law repeals present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 3:3533(E), 3534(A)(2), (B), (F), (G), and (I)(5), 3535(D), 3543(D),
3544(A)(3), (B), (D), (E), and (H)(5)and 3545(D); Repeals R.S. 3:3544(A)(9) and (10))