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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 Louisiana Seafood and Promotion and
Marketing Board shall act independently from the secretary of the Department of Wildlife
and Fisheries. (7/1/13)
AN ACT1
To amend and reenact R.S. 36:610(E) and 801.1(A), and R.S. 56:10(B)(3), 578.2(A)(1) and2
(E), 578.3(10), 578.4 and 578.7, and to enact R.S. 56:578.3(11) and (12), and to3
repeal R.S. 36:802.5, relative to the Louisiana Seafood Promotion and Marketing4
Board; to provide for the transfer and retention of all functions; to provide for the5
powers, duties, and functions of the board; to provide certain terms, conditions and6
requirements; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 36:610(E) and 801.1(A) are hereby amended and reenacted to read9
as follows:10
§610. Transfer of agencies and functions to Department of Wildlife and Fisheries11
* * *12
E. The Louisiana Seafood Promotion and Marketing Board, R.S. 56:578.1 et13
seq. is placed within the Department of Wildlife and Fisheries and shall perform and14
exercise its duties, powers, functions, and responsibilities as provided for agencies15
transferred in accordance with the provisions of R.S. 36:802.5 36:801.1. The16
Louisiana Seafood Promotion and Marketing Board shall be a separate budget17 SB NO. 184
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unit within the Department of Wildlife and Fisheries. The Department of1
Wildlife and Fisheries shall not be responsible for providing office space,2
equipment, or personnel for the board.3
* * *4
§801.1. Transfer; retention of all functions5
A. The agencies transferred by the provisions of R.S. 36:4(B)(1)(dd), (B)(18),6
and (D), 4.1(C) and (G), 53(H), 209(R), 259(J), 409(N), 509(O), 610(E), 651(D),7
and 725(A), and 769(J) shall continue to be comprised and selected as provided by8
law.9
* * *10
Section 2. R.S. 56:10(B)(3), 578.2(A)(1) and (E), 578.3(10), 578.4 and 578.7 are11
amended and reenacted and R.S. 56:578.3(11) and (12) are hereby enacted to read12
as follows: 13
§10. Annual report to governor; estimate of proposed expenditures; particular funds;14
warrants; vouchers; surplus funds15
* * *16
B. * * *17
(3) The monies in the Seafood Promotion and Marketing Fund shall be used18
by the Seafood Promotion and Marketing Board to implement the duties and19
functions of that board relating to the promotion and marketing of seafood as20
provided in R.S. 56:578.3 in the amounts appropriated each year to the Department21
of Wildlife and Fisheries by the legislature for the use by the board.22
* * *23
§578.2. Louisiana Seafood Promotion and Marketing Board; creation and24
organization25
A.(1) There is hereby created in the office of fisheries of the Department of26
Wildlife and Fisheries the Louisiana Seafood Promotion and Marketing Board that27
will act independently of the secretary. The agency shall have its domicile in28
Baton Rouge New Orleans and shall be governed by a board of trustees composed29 SB NO. 184
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of fourteen members, thirteen members appointed by the governor from persons1
engaged in the commercial seafood, crawfish and alligator industry in Louisiana and2
the fourteenth member to be the secretary of the Department of Wildlife and3
Fisheries or his designated representative, who shall serve as an ex officio nonvoting4
member.5
* * *6
E. The board may employ a director and assistant director who shall be7
appointed by the board, subject to the approval of the secretary of the Department8
of Wildlife and Fisheries. The director and assistant director shall be in the9
unclassified service. The secretary may employ such other personnel for the board10
as he deems necessary and appropriate.11
* * *12
§578.3. Powers, duties, and functions 13
The board shall have the following powers, duties, and functions: 14
* * *15
(10) To adopt rules and regulations, in accordance with the Administrative16
Procedure Act, necessary to carry out the purposes of the board . 17
(11) To perform accounting and budget control, procurement and18
contract management, management and program analysis, data processing,19
personnel management, and grants management.20
(12) To make and enter into contracts, conveyances, mortgages, deeds or21
trusts, and leases in the carrying out of its powers, duties, functions, and22
objectives.23
§578.4. Advertising, contracts and sales offices 24
A. The board, working with the Department of Wildlife and Fisheries, shall25
plan and conduct a campaign for advertising, publicizing, and promoting the26
increased consumption of Louisiana seafood, and may contract for any advertising,27
publicity, and sales promotion services. The board is further empowered to take any28
other action which it deems necessary to promote and to improve the well-being of29 SB NO. 184
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the commercial seafood industry. The secretary is hereby authorized and empowered1
to carry out any and all contracts entered into by the board. 2
* * *3
§578.7. Appropriations; warrants; records 4
Funds made available by the legislature from the Seafood Promotion and5
Marketing Fund as provided in R.S. 56:10 or from any other source shall be used6
solely for the programs and purposes provided for in this Subpart. The Department7
of Wildlife and Fisheries board shall maintain records of the sources of money8
received and the purpose therefor, as well as the person or persons to whom money9
is paid and the purpose therefor. Vouchers or receipts shall be kept for all money10
paid out. Money appropriated or otherwise made available to the department for11
authorized purposes shall be withdrawn from the treasury on warrant of the secretary12
of the department.13
Section 3. R.S. 36:802.5 is hereby repealed.14
Section 4. This Act shall become effective on July 1, 2013.15
The original instrument was prepared by McHenry Lee. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by J. W. Wiley.
DIGEST
Long (SB 184)
Present law provides that the Louisiana Seafood and Promotion and Marketing Board acts
independently from the secretary of the DW&F except that the secretary must implement the
policies, rules, and decisions of the board.
Proposed law changes present law to provide that the board will act independently from the
secretary of the DW&F with no exceptions.
Proposed law provides that the board will be a separate budget.
Proposed law provides that the DW&F will not be responsible for providing office space,
equipment, or personnel for the board.
Proposed law changes the domicile of the board from Baton Rouge to New Orleans.
Present law provides that the secretary of the DW&F will serve as an ex officio nonvoting
member of the board.
Proposed law removes the secretary from the board.
Present law provides for the powers, duties, and functions of the Louisiana Seafood SB NO. 184
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Promotion and Marketing Board and authorizes the board to hire a director and assistant
director.
Proposed law retains present law and adds the following additional duties: to perform
accounting and budget control, procurement and contract management, management and
program analysis, data processing, personnel management, and grants management; and to
make and enter into contracts, conveyances, mortgages, deeds or trusts, and leases in the
carrying out of its powers, duties, functions, and objectives.
Present law provides for the secretary of the DW&F to have certain duties for appropriations
and contracting authority.
Proposed law removes the secretary from having to perform these duties.
Effective on July 1, 2013.
(Amends R.S. 36:610(E) and 801.1(A), and 56:10(B)(3), 578.2(A)(1) and (E), 578.3(10),
578.4, and 578.7; adds R.S. 56:578.3(11) and (12); repeals R.S. 36:802.5)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Removes provision of proposed law providing for oversight of the Louisiana
Seafood Promotion and Marketing Board by the secretary of the DW&F.
2. Makes the board an agency that acts independently from the secretary of the
DW&F.
3. Changes the domicile of the board from Baton Rouge to New Orleans.
4. Removes the secretary of DW&F from the board.
5. Adds additional duties to the board.
6. Removes the secretary of DW&F from having to perform certain duties for
appropriations and contracting authority.