DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hill HB No. 1098
Abstract: Changes the appointing authority, membership, and appointment terms of the La.
Beef Industry Council, removes the domiciliary requirement, clarifies the duties and
additional powers of the council and reporting of funds, provides for the authority to levy
certain assessments with refunds, provides for use of the state assessment, and removes
the referendum for assessment purposes.
Present law provides for the creation of the La. Beef Industry Council within the La. Dept. of
Agriculture and Forestry (LDAF) and requires the council to be domiciled in the city of Port
Allen, WBR Parish, La.
Proposed law retains present law but removes the domiciliary requirement.
Present law provides for the La. Beef Industry Council to be composed of 10 cattle producers as
follows: (1) the president of the La. Cattlemen's Assoc., (2) five cattle producers appointed by
the executive committee of the La. Cattlemen's Assoc., (3) one representative of the La.
Livestock Auction Markets Assoc. appointed by its board of directors, and (4) three
representatives of the La. Farm Bureau Federation appointed by its president. Further provides
for three-year terms of appointment with a maximum of two consecutive terms. Additionally
provides for the commissioner of agriculture to serve as an ex officio member.
Proposed law provides for the commissioner to be the appointing authority of the council and
changes the number of cattle-producer representatives of the nominating entities as follows: (1)
three cattle producers from a list submitted by the La. Cattlemen's Assoc., (2) three
representatives from a list submitted by the La. Livestock Auction Markets Assoc., and (3) three
cattle producer representatives from a list submitted by the La. Farm Bureau Federation.
Proposed law further provides that the president of the La. Cattlemen's Association position shall
change from a voting member to an ex officio non-voting member. Proposed law removes the
commissioner as an ex officio advisory member and removes the three-year term of office for all
council members.
Present law provides for certain powers and duties of the council to include meeting once a
quarter or at other times as called by the chairman or at least six members of the council,
maintaining communications with industry representatives of the National Livestock and Meat
Board, and establishing rules and regulations for its own governance.
Proposed law retains present law but changes the provision for meetings to be held at least once annually or as called by the chairman. Proposed law removes the communication requirement
with the National Livestock and Meat Board, and provides for reasonable rules and regulations.
Present law prohibits the council from using any available funds for political purposes. Provides
that an expenditure report be made annually to the state conventions of the La. Cattlemen's
Assoc. and the La. Farm Bureau Federation.
Proposed law retains present law but removes the reporting of expenditures to the state
conventions of the La. Cattlemen's Assoc. and the La. Farm Bureau Federation.
Present law provides the council with certain additional powers to include: (1) the ability to sue
and be sued, (2) to borrow money from licensed lending institutions in certain amounts, (3) to
appoint advisory groups composed of representatives from various public and private entities, (4)
to employ subordinate officers and employees, and (5) to accept grants, donations, and
contributions.
Proposed law retains present law but removes the ability of the council to borrow money from
lending institutions and to appoint advisory groups.
Present law allows the council to levy an additional 50ยข per head state assessment on all La.
cattle marketed within or outside of the state. Further provides that the state assessment be used
for the producer's participation in the La. Beef Promotion and Research Program. Additionally
provides for a refund of the state assessment as noted to each producer by the council by Aug. 15
of each year.
Proposed law retains present law but authorizes the legislature to impose and levy the state
assessment. Proposed law additionally provides that the state assessment be used to fund youth
activities.
Present law provides for mail notification by the council to producers of refund provisions and
procedures by Aug. 15 of each year. Further provides that those persons collecting the
assessments shall provide a list for refund purposes of producers who have made payment for
cattle.
Proposed law retains present law but removes the responsibility for collecting persons to provide
a list of producers eligible for refunds. Proposed law provides that refund provisions and
procedures be published in the official state journal and posted on the LDAF website.
Present law provides that portions of present law shall take effect upon approval by a referendum
vote of eligible cattle producers. Provides that the commissioner and council establish the voting
date to be held at the county agent office in each parish. Further provides for the casting of
ballots by registered producers and official counting of ballots by the council. Further provides
for the program to be extended indefinitely in five-year increments upon referendum vote by
cattle producers. Proposed law repeals present law.
(Amends R.S. 3:2054(A), (B), (C), and (D), 2055(A)(2), (8), and (9), 2056(B), 2057, 2058(B)
and (C), and 2059(A)(2); Repeals R.S. 3:2062)