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Regular Session, 2012
SENATE BILL NO. 733
BY SENATOR CHABERT
SEAFOOD. Provides for the membership and powers and duties of the Louisiana Seafood
Promotion and Marketing Board. (8/1/12)
AN ACT1
To amend and reenact R.S. 56:578.2(A), (B), (C), and (D) and to enact R.S. 56:578.2(F),2
relative to the Louisiana Seafood Promotion and Marketing Board; to provide for its3
membership; to provide for the election of its officers; to provide for certain term4
limits for officers; to provide certain requirements, terms, and conditions; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 56:578.2(A), (B), (C), and (D) are hereby amended and reenacted8
and R.S. 56:578.2(F) is hereby enacted to read as follows: 9
ยง578.2. Louisiana Seafood Promotion and Marketing Board; creation and10
organization11
A.(1) There is hereby created in the office of fisheries of the Department of12
Wildlife and Fisheries the Louisiana Seafood Promotion and Marketing Board. The13
agency shall have its domicile in Baton Rouge and shall be governed by a board of14
trustees composed of sixteen fourteen members, fifteen thirteen members to be15
appointed by the governor from persons engaged in the commercial seafood,16
crawfish and alligator industry in Louisiana to serve terms concurrent with the17 SB NO. 733
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governor, and the sixteenth fourteenth member to be the secretary of the1
Department of Wildlife and Fisheries or his designated representative, who shall2
serve as an ex officio nonvoting member.3
(2) The appointed members shall be chosen as follows:4
(a) One shall be appointed from a list of three names submitted by members5
from Louisiana of the American Shrimp Processors Association and the Louisiana6
Shrimp Association.7
(b) One shall be appointed from a list of three names submitted by the8
Louisiana Oyster Dealers and Growers Association.9
(c) One shall be appointed from a list of three names submitted by the10
Louisiana crawfish industry Crawfish Processors Alliance, Inc.11
(d) One shall be appointed from a list of three names submitted by the12
Louisiana Restaurant Association Oyster Task Force.13
(e) Two One shall represent the harvesting sector of the shrimp industry, one14
or more of which shall be appointed from a list of three names submitted by shrimp15
organizations or associations currently active throughout the state the Louisiana16
Retailers Association and shall be a seafood buyer representing a grocery store17
chain.18
(3) Of the remaining nine eight members to be appointed:19
(a) One member shall be a seafood retailer or wholesaler appointed from a20
list of three names submitted by the Louisiana Shrimp Association.21
(b) One member shall represent the commercial saltwater finfish industry.22
(c) One member shall represent the commercial freshwater finfish industry.23
be appointed from a list of three names submitted by the Louisiana Restaurant24
Association.25
D.(1) The board shall maintain a record of its proceedings, and all matters26
requiring a vote of the board shall be recorded in the minutes in sufficient detail to27
determine whether subsequent action thereon is in compliance with the board's28
directives. 29 SB NO. 733
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(2) At the end of each calendar year, the board shall submit to the House1
Natural Resources and Environment Committee and the Senate Committee on2
Natural Resources a report that describes the accomplishments and3
contributions of the board toward achieving the mission of promoting Louisiana4
seafood, and shall include in such report the budget of the board for that5
calendar year and for the following calendar year.6
(d) One member shall be a seafood processor.7
(e) One member shall represent the crab industry be appointed from a list8
of three names submitted by the Crab Task Force.9
(f) One member shall be a home economist.10
(g)(f) One member shall represent the wild catfish industry be appointed11
from a list of three names submitted by the Louisiana Catfish Farmers12
Association.13
(h)(g) One member shall be a marketing specialist.14
(i)(h) One member shall represent the alligator industry be appointed from15
a list of three names submitted by the Louisiana Alligator Farmer and Ranchers16
Association.17
(4) The names of each of the fifteen thirteen members appointed by the18
governor shall be submitted to the Senate for confirmation.19
B. The members of the board shall meet and elect a chairman, vice chairman,20
and a secretary-treasurer from the membership of the board At its first regular21
meeting in the third quarter of each calendar year, the board shall elect for a22
one year term a chairman and vice chairman, who shall also be the chairman-23
elect, and a secretary-treasurer, whose duties shall be those customarily exercised24
by such officers or specifically designated by the board. No member shall be25
elected as an officer until such member has served at least one year on the26
board. No member elected chairman shall serve consecutive terms and no27
member may serve as chairman more than two terms. No member who serves28
as chairman shall serve as vice-chairman the proceeding year. The board may29 SB NO. 733
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establish rules and regulations for its own government and the administration of the1
affairs of the board. The board may disqualify any appointed member for cause,2
including excessive absences from board meetings. If any board member is so3
disqualified, the vacancy created thereby shall be filled by appointment by the4
governor for the remainder of the unexpired term. A vacancy occurring on the5
board for any reason shall be filled in the same manner as the original6
appointment was made. However, members appointed to fill the vacancies shall7
only serve for the unexpired term of their predecessors.8
C. The presence of nine eight members of the board shall constitute a quorum9
for the transaction of all business and the carrying out of duties of the board. Each10
member shall take and subscribe to the oath of office prescribed for state officers. No11
member shall receive any salary, but each member shall receive the sum of twenty12
dollars per day for each day spent in actual attendance at meetings of the board or at13
meetings of duly appointed committees or subcommittees thereof and such14
allowance for traveling expenses in attending the meetings as is allowed for other15
state employees for traveling expenses. The members of the board shall serve16
without compensation.17
D.(1) The board shall maintain a record of its proceedings, and all matters18
requiring a vote of the board shall be recorded in the minutes in sufficient detail to19
determine whether subsequent action thereon is in compliance with the board's20
directives. 21
(2) At the end of each calendar year, the board shall submit to the House22
Natural Resources and Environment Committee and the Senate Committee on23
Natural Resources a report that describes the accomplishments and24
contributions of the board toward achieving the mission of promoting Louisiana25
seafood, and shall include in such report the budget of the board for that26
calendar year and for the following calendar year.27
* * *28
F.(1) The terms of all members serving on the board shall expire at29 SB NO. 733
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midnight on December 31, 2012. Appointments for terms beginning on January1
1, 2013, shall be made as follows:2
(a) The terms of the members appointed pursuant to R.S.3
56:578.2(A)(2)(a),(b), and (3)(b) and (h) shall be for three years.4
(b) The terms of the members appointed pursuant to R.S.5
56:578.2(A)(2)(c), (3)(e),(f), and(g) shall be for one year.6
(c) The term of the members appointed pursuant to R.S.7
56:578.2(A)(2)(d),(e), (3)(a),(c), and (d) shall be for two years.8
(2) At the end of each term set forth in Paragraph (F)(1) of this Section,9
the members appointed thereafter shall serve a term of three years.10
(3) At the first regularly scheduled meeting of the board after January11
1, 2013, the board shall adopt rules and bylaws which shall be submitted no12
later than thirty days after their adoption to the House Natural Resources and13
Environment Committee and the Senate Committee on Natural Resources for14
approval by the committees. The rules and bylaws shall not go into effect until15
the committees approve of such rules and bylaws.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by McHenry Lee.
DIGEST
Chabert (SB 733)
Present law establishes the Louisiana Seafood Marketing Board and provides for its
membership, which consists of sixteen members, including the secretary of the Department
of Wildlife and Fisheries and fifteen members appointed by the governor.
Proposed law changes the board membership from sixteen to fourteen members, including
the secretary of the Department of Wildlife and Fisheries, who shall serve as an ex officio
nonvoting member, and thirteen voting members appointed by the governor, as follows:
1. One member appointed by a list of three names submitted by the La. members of the
American Shrimp Processors Assoc.
2. One member appointed from a list of three names submitted by the La. Oyster
Retailers and Growers Assoc.
3. One member appointed by a list of three names submitted by the Crawfish
Processors Alliance, Inc.
4. One member appointed by a list of three names submitted by the La Oyster Task
Force. SB NO. 733
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5. One member appointed from a list of three names submitted by the La. Retailers
Assoc. who shall be a seafood buyer representing a grocery store chain.
6. One member appointed from a list of three names submitted by the La. Shrimp
Association.
7. One member representing the commercial saltwater finfish industry.
8. One member appointed from a list of three names submitted by the Louisiana
Restaurant Association.
9. One member shall be a seafood processor.
10.One member appointed from a list of three names submitted by the Crab Task Force.
11.One member appointed from a list of three names submitted by the La. Catfish
Farmers Assoc.
12.One member shall be a marketing specialist.
13.One member appointed from a list of three names submitted by the La. Alligator
Farmer and Ranchers Assoc.
Present law provides for the election of officers of the board.
Proposed law provides that a vacancy on the board for any reason will be filled in the same
manner as the original appointment, but only for the remainder of the unexpired term of their
predecessors.
Proposed law retains present law but provides that the vice-chairman will serve as the
chairman-elect, that officers can only be elected for a one year term, and that any member
elected chairman cannot serve more than two terms and no consecutive terms. Further
provides that any member serving as chairman cannot serve as vice-chairman the proceeding
year.
Present law provides for per diem and traveling expenses for board members.
Proposed law removes present law.
Proposed law provides that the board must submit a report describing the accomplishments
of the board describing the accomplishments and contributions toward achieving the mission
of promoting Louisiana seafood to the House Natural Resources and Environment
Committee and the Senate Committee on Natural Resources. Further provides that the report
must also include the budget of the board for that calendar year as well as the following
calendar year.
Present law provides that member serve four year terms concurrent with the governor.
Proposed law provides that the terms of the current members expire at midnight on
December 31, 2012.
Proposed law provides that beginning January 1, 2013, the following members will serve a
three-year term:
1. The appointee representing the American Shrimp Processors Association.
2. The appointee representing the Louisiana Oyster Dealers and Growers Association. SB NO. 733
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3. The appointee representing the commercial saltwater finfish industry.
4. The appointee representing the Louisiana Alligator Farmers and Ranchers
Association.
Proposed law provides that beginning January 1, 2013, the following members will serve a
one-year term:
1. The appointee representing the Crawfish Processors Alliance, Inc.
2. The appointee representing the Crab Task Force.
3. The appointee representing the Louisiana Catfish Farmers Association.
4. The marketing specialist.
Proposed law provides that beginning January 1, 2013, the following members will serve a
two-year term:
1. The appointee representing the Louisiana Retailers Association.
2. The appointee representing the Louisiana Oyster Task Force.
3. The appointee representing the Louisiana Restaurant Association.
4. The appointee representing the Louisiana Shrimp Association.
5. The seafood processor.
Proposed law provides that thereafter each member of the board shall serve a three year
term.
Proposed law provides that at the first regularly scheduled meeting of the board after Jan.
1, 2013, the board must adopt rules and bylaws and submit them within 30 days to the House
Natural Resources and Environment Committee and the Senate Committee on Natural
Resources for approval before such rules and bylaws go into effect.
Effective August 1, 2012.
(Amends R.S. 56:578.2(A), (B), (C), and (D); adds R.S. 56:578.2(F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill
1. Changes certain board member nominating organizations.
2. Requires an annual report to legislative committees.
3. Provides for certain requirements for adoption of rules and bylaws for the
board.