Louisiana 2012 Regular Session

Louisiana Senate Bill SB733 Latest Draft

Bill / Chaptered Version

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words in boldface type and underscored are additions.
Regular Session, 2012	ENROLLED
SENATE BILL NO. 733
BY SENATOR CHABERT 
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
governor, and the sixteenth fourteenth member to be the secretary of the18
Department of Wildlife and Fisheries or his designated representative, who shall19
serve as an ex officio nonvoting member.20
(2) The appointed members shall be chosen as follows:21
(a) One shall be appointed from a list of three names submitted by members22
from Louisiana of the American Shrimp Processors Association and the Louisiana23
Shrimp Association.24
(b) One shall be appointed from a list of three names submitted by the25
Louisiana Oyster Dealers and Growers Association.26
(c) One shall be appointed from a list of three names submitted by the27
Louisiana crawfish industry.  	The appointment shall rotate between a farmer, a28
ACT No. 852 SB NO. 733	ENROLLED
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harvester, and a processor.1
(d) One shall be appointed from a list of three names submitted by the2
Louisiana Restaurant Association Oyster Task Force.3
(e) Two One shall represent the harvesting sector of the shrimp industry, one4
or more of which shall be appointed from a list of three names submitted by shrimp5
organizations or associations currently active throughout the state the Louisiana6
Retailers Association and shall be a seafood buyer.7
(3) Of the remaining nine eight members to be appointed:8
(a) One member shall be a seafood retailer or wholesaler appointed from a9
list of three names submitted by the Louisiana Shrimp Association.10
(b) One member shall represent the commercial saltwater finfish industry.11
The appointment shall rotate between a harvester and a processor.12
(c) One member shall represent the commercial freshwater finfish industry.13
be appointed from a list of three names submitted by the Louisiana Restaurant14
Association.15
(d) One member shall be a seafood processor.16
(e) One member shall represent the crab industry be appointed from a list17
of three names submitted by the Crab Task Force.18
(f) One member shall be a home economist.19
(g)(f) One member shall represent the wild catfish industry.  	The20
appointment shall rotate between a farmer, a harvester, and a processor.21
(h)(g) One member shall be a marketing specialist.22
(i)(h) One member shall represent the alligator industry.  The appointment23
shall rotate between a farmer, a harvester, and a processor.24
(4) The names of each of the fifteen thirteen members appointed by the25
governor shall be submitted to the Senate for confirmation.26
B. The members of the board shall meet and elect a chairman, vice chairman,27
and a secretary-treasur er from the membership of the board At its first regular28
meeting in the third quarter of each state fiscal year, the board shall elect for29
a one year term a chairman and vice chairman, who shall also be the chairman-30 SB NO. 733	ENROLLED
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elect, and a secretary-treasurer, whose duties shall be those customarily exercised1
by such officers or specifically designated by the board. No member shall be2
elected as an officer until such member has served at least one year on the3
board. No member elected chairman shall serve consecutive terms and no4
member may serve as chairman more than two terms. No chairman shall serve5
as vice chairman in the term following his term as chairman. The board may6
establish rules and regulations for its own government and the administration of the7
affairs of the board. The board may disqualify any appointed member for cause,8
including excessive absences from board meetings. If any board member is so9
disqualified, the vacancy created thereby shall be filled by appointment by the10
governor for the remainder of the unexpired term.  A vacancy occurring on the11
board for any reason shall be filled in the same manner as the original12
appointment was made. However, members appointed to fill the vacancies shall13
only serve for the unexpired term of their predecessors.14
C. The presence of nine eight members of the board shall constitute a quorum15
for the transaction of all business and the carrying out of duties of the board. Each16
member shall take and subscribe to the oath of office prescribed for state officers. No17
member shall receive any salary, but each member shall receive the sum of twenty18
dollars per day for each day spent in actual attendance at meetings of the board or at19
meetings of duly appointed committees or subcommittees thereof and such20
allowance for traveling expenses in attending the meetings as is allowed for other21
state employees for traveling expenses.  The members of the board shall serve22
without compensation; however, the members may receive the same23
reimbursement for travel expenses for attending meetings as is allowed for state24
employee travel.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
(2) At the end of each state fiscal year, the board shall submit to the30 SB NO. 733	ENROLLED
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House Natural Resources and Environment Committee and the Senate1
Committee on Natural Resources a report that describes the accomplishments2
and contributions of the board toward achieving the mission of promoting3
Louisiana seafood, and shall include in such report the budget of the board for4
that fiscal year and for the following fiscal year.5
*          *          *6
F.(1) The terms of all members serving on the board shall expire at7
midnight on December 31, 2012. Appointments for terms beginning on January8
1, 2013, shall be made as follows:9
(a) The terms of the members appointed pursuant to Subparagraphs10
(A)(2)(a) and (b), and (A)(3)(b) and (h) of this Section shall be for three years.11
(b) The terms of the members appointed pursuant to Subparagraphs12
(A)(2)(c), (A)(3)(e),(f), and (g) of this Section shall be for one year.13
(c) The term of the members appointed pursuant to Subparagraphs14
(A)(2)(d) and (e) and (A)(3)(a),(c), and (d) of this Section shall be for two years.15
(2) At the end of each term set forth in Paragraph (1) of this Subsection,16
the members appointed thereafter shall serve a term of four years.17
(3) At the first regularly scheduled meeting of the board after January18
1, 2013, the board shall adopt rules and bylaws which shall be submitted no19
later than thirty days after their adoption to the House Natural Resources and20
Environment Committee and the Senate Committee on Natural Resources for21
approval by the committees. The rules and bylaws shall not go into effect until22
the committees approve of such rules and bylaws.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: