LeBas (HB 1045) Act No. 216
Existing law provides for a nine-member La. Rice Promotion Board to be appointed by the
governor, subject to Senate confirmation, as follows:
(1)Six members appointed from a list of 12 persons nominated by the La. Rice Council.
(2)One member appointed from a list of three persons nominated by the La. Rice
Growers Assoc.
(3)One member appointed from a list of three persons nominated by the American Rice
Growers Assoc.
(4)One member appointed from a list of three persons nominated by the La. Farm
Bureau Federation, Inc.
Prior law provided for four-year terms of office beginning July 1, 1988, and every four years
thereafter.
New law changes the effective date for terms from July 1, 1988, to Aug. 15, 2014, and adds
the following two members to the board:
(1)One member appointed from a list of three persons nominated by the La. Independent
Rice Producers Assoc.
(2)The commissioner or his designee, who will not be subject to Senate confirmation.
Also removes the commissioner as an advisor to the board.
Prior law required the nominating entities to submit their respective list of nominees for
appointment consideration no later than 30 days prior to July 1, 1988, and every four years
thereafter.
New law changes the date for submission of nominee lists from 30 days prior to July 1, 1988,
to 30 days prior to Aug. 15, 2014. Adds the La. Independent Rice Producers Assoc. as a
nominating entity required to submit a list of nominees by a certain date.
Prior law provided for board members to plan and conduct referenda among producers for
approval or disapproval of the program. New law removes this authority.
Existing law provides for the levy of an assessment not to exceed 3¢ per hundredweight of
dry rough "paddy" rice and not to exceed 2.7¢ per hundredweight of "green-weight" rice,
which shall apply to all rice marketed by a producer. Further provides for the assessment to
be deducted by the miller or handler at the first point of sale.
Prior law provided that the assessment not be imposed unless approved by referendum vote
of a majority of rice producers.
New law changes the assessment amount from a 0-to-3¢ range to 3¢ per hundredweight on
dry rough "paddy" rice, changes the assessment amount from a 0-to-2.7¢ range to 2.7¢ per
hundredweight on "green weight" rice, and removes the referendum provision for assessment
purposes.
Existing law provides that any rice producer may receive a refund of the amount deducted
from the sale of his rice upon written application with the commissioner within 30 days from
the sale date supported by producer-signed copies of sales slips submitted prior to the
accounting and transfer of funds to the board.
Prior law provided for a referendum vote of rice producers to abolish the refund provisions
which would render such refund null and void.
New law removes referendum requirements to abolish refund provisions and provides that
the refund be paid to the producer no later than 60 days after the commissioner receives the
producer's application for a refund. Further requires a two-thirds vote of the legislature to
repeal the refund. Prior law provides for the commissioner to annually pay to the board the funds collected
minus administrative costs not to exceed 2% of the gross amount collected. New law
changes the fund transfer period from annually to monthly.
Existing law authorizes the board to dedicate the balance of funds to rice promotion, minus
expenses of collection and administration. Further provides that the board determines
organizations and agencies to contract for promotion services within or outside of the state.
Prior law authorized the board to use certain collected funds to defray the costs of referenda.
New law removes the provision for fund allowance use to defray costs of referenda.
Prior law provided for the imposition of assessments, effective for five crop years and
extended indefinitely in five-year increments, only by referendum vote of a majority of rice
producers. Further provided for criteria for referendum participation and notification of
results. New law repeals prior law.
Prior law provided for additional assessments at a rate not to exceed 2¢ per hundredweight
on dry rough "paddy" rice and such assessment reduced by 10% on "green weight" rice.
Further provided that the additional assessments are subject to all other assessment
requirements including provisions for referenda and extension in five-year increments,
subject to referenda. New law repeals prior law.
Effective Aug. 1, 2014.
(Amends R.S. 3:3533(B), (C), and (E), 3534(A)(1) and (2), (G), and (H)(1), and 3537(A);
Repeals R.S. 3:3533(F) and 3534(B) and (I))