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Regular Session, 2013
SENATE BILL NO. 184
BY SENATOR LONG AND REPRESENTATI VE DOVE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WILDLIFE/FISHERIES DEPT. Provides that the secretary of the Department of Wildlife
and Fisheries shall have oversight of the Louisiana Seafood Promotion and Marketing
Board. (gov sig)
AN ACT1
To amend and reenact R.S. 36:610(E) and 901(A), and R.S. 56:578.2(E), the introductory2
paragraph of 578.3, and 578.12(A) and the introductory paragraph of (B), and to3
repeal R.S. 36:802.5, relative to the Louisiana Seafood Promotion and Marketing4
Board; to provide for certain appointive authority retained; to provide for the powers,5
duties, and functions of the board; to provide relative to the Louisiana Oyster Task6
Force and Shrimp Task Force; to provide certain terms, conditions and requirements;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 36:610(E) and 901(A) are hereby amended and reenacted to read as10
follows:11
§610. Transfer of agencies and functions to Department of Wildlife and Fisheries12
* * *13
E. The Louisiana Seafood Promotion and Marketing Board, R.S. 56:578.1 et14
seq. is placed within the Department of Wildlife and Fisheries and shall perform and15
exercise its duties, powers, functions, and responsibilities as provided for agencies16
transferred in accordance with the provisions of R.S. 36:802.5 36:901.17 SB NO. 184
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* * *1
§901. Transfer; merger and consolidation of functions; advisory agency2
A. The functions, powers, duties, responsibilities, programs, and operations3
of each of the agencies transferred by the provisions of R.S. 36:209(C), 259(T),4
309(C), 409(E), 610(E), 651(G), and 744(D) on the date of each such transfer shall5
vest in and thereafter be the responsibility of the secretary of the department to6
which the transfer is made and shall be administered by the secretary in accordance7
with the powers vested in him by this Title and the applicable laws pertaining to each8
agency, except for those functions of each which are required to be performed and9
administered by the undersecretary of the department as heretofore provided for each10
by this Title. Each agency thus transferred shall continue in existence, the members11
thereof shall continue in office and hereafter shall be selected in the manner provided12
by law for each, and each agency hereafter shall serve solely in an advisory capacity13
to the secretary with respect to policies concerning matters within the purview of14
each as originally created.15
* * *16
Section 2. R.S. 56:578.2(E), the introductory paragraph of 578.3, and 578.12(A) and17
the introductory paragraph of (B) are hereby amended and reenacted to read as follows:18
§578.2. Louisiana Seafood Promotion and Marketing Board; creation and19
organization20
* * *21
E. The board may employ a director and assistant director who shall be22
appointed by the board, subject to the approval of the secretary of the Department23
of Wildlife and Fisheries. The director and assistant director shall be in the24
unclassified service and serve at the pleasure of the secretary. The secretary may25
employ such other personnel for the board as he deems necessary and appropriate.26
* * *27
§578.3. Powers, duties, and functions28
The board shall have the following powers, duties, and functions to be29 SB NO. 184
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exercised in consultation with and subject to the approval of the secretary:1
* * *2
§578.12. Louisiana Seafood Promotion and Marketing Board; Louisiana Oyster3
Task Force; Shrimp Task Force; duties, responsibilities, and4
functions5
A. Under the supervision of the Louisiana Oyster Task Force, the Louisiana6
Seafood Promotion and Marketing Board shall be empowered with the following7
duties, responsibilities, and functions to be exercised in consultation with and8
subject to the approval of the secretary:9
(1) To employ such personnel as necessary.10
(2)(1) To develop markets and marketing strategies for the development of11
new and expanded markets for Louisiana oysters.12
(3)(2) To represent the interests of the Louisiana oyster industry before13
federal and state administrative and legislative bodies on issues of importance to the14
Louisiana oyster industry.15
(4)(3) To contract for legal services to represent the interests of the Louisiana16
oyster industry in judicial, administrative, and legislative proceedings.17
(5)(4) To administer the funds in the Oyster Development Account of the18
Seafood Promotion and Marketing Fund.19
(6)(5) To perform any acts deemed necessary and proper to carry out its20
duties and responsibilities.21
B. In addition to the duties, responsibilities, and functions listed in Subsection22
A of this Section, the Louisiana Seafood Promotion and Marketing Board, under the23
supervision of the Louisiana Shrimp Task Force, shall also be empowered with the24
following duties, responsibilities, and functions to be exercised in consultation with25
and subject to the approval of the secretary:26
* * *27
Section 3. R.S. 36:802.5 is hereby repealed.28
Section 4. This provisions of this Act shall be applied retroactively.29 SB NO. 184
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Section 5. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by McHenry Lee.
DIGEST
Present law provides for the powers, duties, and functions of the Louisiana Seafood
Promotion and Marketing Board and authorizes the board to hire a director and assistant
director.
Proposed law transfers the powers, duties, and functions of the Louisiana Seafood Promotion
and Marketing Board to the secretary of DWF. Further provides that the board will serve
in an advisory capacity to the secretary with respect to policies concerning matters within
the purview of the board as originally created.
Proposed law provides that the director and assistant director serve at the pleasure of the
secretary of DWF.
Present law provides for the powers, duties, and functions of the board.
Proposed law provides that such powers, duties, and functions shall be exercised in
consultation with and subject to the approval of the secretary.
Proposed law provides that the provisions of this act are retroactive.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 36:610(E) and 901(A), and 56:578.2(E), 578.3(intro para), and 578.12(A) and
(B)(intro para); repeals R.S. 36:802.5)