Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB168 Comm Sub / Analysis

                    The original instrument was prepared by Curry Johnson. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Danielle Doiron.
DIGEST
Thompson (SB 168)
Present law (R.S. 3:1382) provides for the Louisiana Feed, Fertilizer, and Agricultural Liming
Commission, within the Louisiana Department of Agriculture and Forestry (LDAF), composed of
the following members:
(1)The commissioner of agriculture and forestry.
(2)The director of the Louisiana Agricultural Experiment Station.
(3)The director of the Louisiana Cooperative Extension Service.
(4)The president of Louisiana Farm Bureau Federation, Inc.
(5)The chairman of the Livestock Advisory Committee.
(6)The chairman of the Dairy Advisory Committee of the Louisiana Farm Bureau
Federation, Inc.
(7)The president of the Louisiana Thoroughbred Breeder's Association.
(8)The president of the Louisiana Cattlemen's Association.
(9)The president of the Louisiana Ag Industries Association, or their duly authorized
representative. 
(10)A person who owns or operates a feed business which is not a member of the  Louisiana
Ag Industries Association.
(11)An independent feed manufacturer domiciled in Louisiana. 
Proposed law changes present law to create the Louisiana Agricultural Chemistry and Seed
Commission, within the LDAF, composed of the following seven members:
(1)The commissioner of agriculture and forestry or his designee.
(2)One member and an alternate, representing the Louisiana Agricultural Experiment
Station, appointed by the commissioner who serves at the pleasure of the commissioner. 
(3)One member and an alternate, representing the Louisiana Cooperative Extension Service, appointed by the commissioner who serves at the pleasure of the commissioner.
(4)The president of Louisiana Farm Bureau Federation, Inc. or his designee as approved by
the commissioner.
(5)One member representing the seed industry appointed by the commissioner from a list of
three nominees submitted by the Louisiana Ag Industries Association who shall serve at
the pleasure of the commissioner.
(6)One member representing the fertilizer industry appointed by the commissioner from a
list of three nominees submitted by the Louisiana Ag Industries Association who shall
serve at the pleasure of the commissioner. 
(7)One member representing the feed industry appointed by the commissioner from a list of
three nominees submitted by the Louisiana Ag Industries Association and a list of three
nominees submitted by the Louisiana Cattlemen's Association who shall serve at the
pleasure of the commissioner.
Proposed law authorizes the commission to appoint a director and assistant director of the seed
program. 
Proposed law defines "minor violation" as a violation of noncompliance which does not create a
competitive disadvantage for licensees in full compliance; is not a violation which adversely
affects human health, safety or the environment; is not a violation performed with malicious,
deliberate or fraudulent intent; and is not a repetitive violation.
Present law provides for the disposition of funds related to fertilizer and creates the "Feed and
Fertilizer Fund". 
Proposed law repeals present law because the "Feed and Fertilizer Fund" was already created in
R.S. 3:1407.
Present law (R.S. 3:1432) provides for the Seed Commission composed of the following five
members: commissioner of agriculture and forestry, director of Louisiana Cooperative Extension
Service, director of Louisiana Agricultural Experiment Station, president of Louisiana Ag
Industries Association, and president of Louisiana Farm Bureau Federation, Inc., or their
designees.  Present law authorizes the commission to employ a director and assistant director in
the unclassified service and further authorizes the commissioner to employ all other necessary
personnel.
Proposed law repeals present law and transfers the powers, duties, and functions of the Seed
Commission to the Agricultural Chemistry and Seed Commission.
Present law (R.S. 3:1444(11)) prohibits a person from relabeling seeds more than one time.  Proposed law repeals present law. 
Present law provides that violators shall be subject to a civil penalty of not more than $500 for
each act of violation and for each day of violation. 
Proposed law changes "shall" to "may" on civil penalties for violations.
Proposed law provides that the commission is not required to institute adjudicatory proceedings
for minor violations when the department believes that the public interest will best be served by a
suitable notice of noncompliance in writing. 
Present law (R.S. 3:1449) provides for the Seed Commission Fund and authorizes the Seed
Commission to determine the expenses of the program.
Proposed law changes the name of the fund from "Seed Commission Fund" to "Seed Fund" and
authorizes the commissioner to determine the expenses of the program. 
Proposed law repeals bond requirements for agents of nurserymen. 
Proposed law provides for technical corrections and corrects internal references. 
Effective upon signature of the governor or lapse of time for gubernatorial action. 
(Amends the heading of Chapter 10-A and the heading of Part I of Chapter 10-A of Title 3, R.S.
3:1381(1), 1382(A) and (B), 1407, 1430.13(A) and (D), 1431(intro para), (1), (3), (4), and (17)-
(30), 1433(A)(1)(b) and (f), (3)(intro para), (4), (5), and (7), 1434(1), (2), (4) and (5), 1435(1)-(4)
and (6)-(8), 1436(1)(intro para), (2)(a) and (5)(c), 1437(A), 1438, 1440, 1441, 1443, 1444(1), (2),
(4), (5) and (8), 1445(A)(1) and (3) and (B)(2) and (3), 1446(A), (B)(intro para) and (B)(1),
1449(A)(intro para), (A)(1) and (2) and (B), and R.S. 36:629(H); adds R.S. 3:1431(31) and
1446(B)(5); repeals R.S. 3:1421, 1432, 1444(11), 1551, 1552, and R.S. 36:629(C)(6))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill
1. Provides for changes to the membership of the commission.
2. Repeals bond requirements for agents of nurserymen.
3. Makes technical corrections.
Senate Floor Amendments to engrossed bill 1. Technical