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ACT No. 216
Regular Session, 2014
HOUSE BILL NO. 1045
BY REPRESENTATIVE LEBAS
AN ACT1
To amend and reenact R.S. 3:3533(B), (C), and (E), 3534(A)(1) and (2), (G), and (H)(1), and2
3537(A) and to repeal R.S. 3:3533(F) and 3534(B) and (I), relative to the Louisiana3
Rice Promotion Board; to provide for the membership of the board; to provide for4
the duties and responsibilities of the board; to provide for the levy of certain5
assessments; to provide for rice producer refunds; to provide for use and transfer of6
funds; to repeal the levy of additional assessments; to repeal authority for referenda7
for assessment purposes; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 3:3533(B), (C), and (E), 3534(A)(1) and (2), (G), and (H)(1), and10
3537(A) are hereby amended and reenacted to read as follows:11
§3533. Creation and organization12
* * *13
B. The board shall be composed of nine eleven members appointed by the14
governor, subject to Senate confirmation. Each member shall be subject to Senate15
confirmation, except the commissioner or his designee. Members shall serve for16
four-year terms which shall begin on the first fifteenth day of July August of 198817
2014 and each four years thereafter. Members shall be appointed in accordance with18
the following provisions: The board shall be composed of the following members:19
(1) Six members shall be appointed from a list of twelve persons nominated20
by the Louisiana Rice Council.21
(2) One member shall be appointed from a list of three persons nominated22
by the Louisiana Rice Growers Association.23 ENROLLEDHB NO. 1045
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(3) One member shall be appointed from a list of three persons nominated1
by the American Rice Growers Cooperative Association.2
(4) One member shall be appointed from a list of three persons nominated3
by the Louisiana Farm Bureau Federation, Inc.4
(5) One member appointed from a list of three persons nominated by the5
Louisiana Independent Rice Producers Association.6
(6) The commissioner of agriculture or his designee.7
C. Not less than thirty days prior to the first fifteenth day of July August in8
1988 2014 and every four years thereafter, the Louisiana Rice Council, the Louisiana9
Rice Growers Association, the American Rice Growers Cooperative Association, and10
the Louisiana Farm Bureau Federation, and the Louisiana Independent Rice11
Producers Association shall each submit the names of their nominees, all of whom12
shall be rice producers, to the governor, who shall appoint the required number of13
board members from each set of nominees. In the event that the governor fails to14
appoint the members of the board in accordance with this Section, the current15
members shall continue to serve until their successors are appointed.16
* * *17
E. The members of the board shall meet and organize immediately after their18
appointment and shall elect a chairman, vice chairman, and secretary-treasurer from19
the membership of the board. The duties of the officers shall be those customarily20
exercised by such officers or specifically designated by the board. The board may21
establish rules and regulations for its own government and the administration of the22
affairs of the board and shall have the following duties, functions, and authorizations23
in addition to and in conjunction with the aforenamed:24
(1) To plan and conduct, in such manner as the board may determine,25
referenda among producers for the approval or disapproval of the program in26
accordance with the provisions of this Chapter.27
(2)(1) To make recommendations and to advise the commissioner28
concerning rules and regulations relating to the administration of the collection of29
the assessments.30 ENROLLEDHB NO. 1045
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(3)(2) To enter into contracts for rice promotion with rice promotion and1
other organizations relating to the production, handling, marketing, and utilization2
of rice, which rice promotion organizations may include nonprofit organizations of3
which members of the board are members.4
(4)(3) To keep minutes, books, and records which will clearly reflect all of5
its meetings, acts and transactions. The minutes, books, and records at all times shall6
be subject to examination by any rice producer on whom an assessment has been7
collected.8
(5)(4) To publicize the actions of the board in the news media serving the9
rice areas of Louisiana.10
(6)(5) To investigate and cause prosecution to be instituted for violation of11
the provisions of this Chapter.12
§3534. Levy of assessment; referendum, collection, and enforcement; records;13
refunds; transfer of funds14
A. Levy of assessment.15
(1) There is hereby levied an assessment at the rate not to exceed of three16
cents per hundredweight, or the equivalent thereof, of dry rough "paddy" rice17
produced in this state and a rate not to exceed of two and seventy one-hundredths18
cents per hundredweight, or the equivalent thereof, on rice produced in this state and19
sold on a "green weight" basis.20
(2) The obligation to pay the assessment shall apply to the producer for all21
rice marketed by him. To facilitate collection, this assessment shall be deducted by22
each miller or handler from the amount paid the producer at the first point of sale23
only, whether within or without outside the state.; however, the assessment shall not24
be imposed unless and until the question of its imposition has been submitted to and25
been approved by a majority of the rice producers who vote in referendum as26
provided in Subsection B of this Section.27
* * *28 ENROLLEDHB NO. 1045
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G. Refunds.1
(1) Any rice producer may request and receive a refund of the amount2
deducted from his share of the proceeds from the sale of his rice provided he makes3
a written application with the commissioner within thirty days from the date of sale4
supported by copies of sales slips signed by the producer and provided further that5
the application is filed before the annual accounting is made and the funds paid to6
the board.7
(2) The refund shall be paid to the producer no later than sixty days after the8
commissioner receives the producer's application for a refund.9
(3) Any repeal of the refund provided in this Subsection shall require two-10
thirds vote of the legislature.11
(2) Provided however, the refund as provided in this Subsection shall not be12
available if a majority of the rice producers who vote in a referendum to be called13
and held by the board after January 1, 1992, vote to abolish the refund provisions of14
this Subsection.15
(3) If a majority of the rice producers who vote in such a referendum vote16
to abolish the refund provisions, such refund provisions shall be null and void and17
shall thereafter have no effect.18
H. Transfer of funds.19
(1) The commissioner of agriculture shall annually monthly pay over to the20
Louisiana Rice Promotion Board the funds collected less the actual cost of21
administering and collecting the assessment levied herein up to but not to exceed two22
percent of the gross amount collected.23
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§3537. Use of funds25
A. After deduction from the proceeds of the assessment, the expenses of26
collection and administration, including costs of referenda, the board shall dedicate27
the balance to rice promotion. The board shall have the discretion as to what28
organizations and agencies to expend monies for such purposes. Use of these funds29 ENROLLEDHB NO. 1045
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may be applied within or without outside of the state of Louisiana, including1
regional, national, and international applications.2
* * *3
Section 2. R.S. 3:3533(F) and 3534(B) and (I) are hereby repealed in their entirety.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: