HLS 14RS-1504 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1098
BY REPRESENTATIVE HILL
AGRICULTURE/BEEF: Provides relative to assessments levied by the Louisiana Beef
Industry Council
AN ACT1
To amend and reenact R.S. 3:2054(A), (B), (C), and (D), 2055(A)(2), (8), and (9), 2056(B),2
2057, 2058(B) and (C), and 2059(A)(2) and to repeal R.S. 3:2062, relative to the3
Louisiana Beef Industry Council; to provide for the domicile of the council; to4
provide for the council membership and terms of office; to provide for powers and5
duties of the council; to provide for certain assessments and refunds; to repeal the6
authority for referendum for assessment purposes; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 3:2054(A), (B), (C), and (D), 2055(A)(2), (8), and (9), 2056(B),9
2057, 2058(B) and (C), and 2059(A)(2) are hereby amended and reenacted to read as10
follows:11
§2054. Creation and organization12
A. The Louisiana Beef Industry Council is hereby created and shall be within13
the Department of Agriculture and Forestry as provided for agencies transferred to14
said department by R.S. 36:629(E). The council shall be domiciled in the city of Port15
Allen, West Baton Rouge Parish, Louisiana.16
B.(1) The council shall be composed of eleven members, ten of whom shall17
be cattle producers. The ten cattle producer members are appointed by the18
commissioner as follows:19 HLS 14RS-1504 ORIGINAL
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(a) The president of the Louisiana Cattlemen's Association shall serve as an1
ex officio non-voting member of the council.2
(b) Five Three cattle producer members, one of which shall be a pure bred3
breeder, shall be appointed by the executive committee of from a list submitted by4
the Louisiana Cattlemen's Association, subject to approval of the Board of Directors5
of the Louisiana Cattlemen's Association to serve on the council for rotating6
three-year terms.7
(c) One representative Three representatives of the Louisiana Livestock8
Auction Markets Association shall be appointed from a list submitted by the Board9
of Directors of the Louisiana Livestock Auction Markets Association and shall serve10
a three-year term.11
(d) Three cattle producer representatives of the Louisiana Farm Bureau12
Federation shall be appointed from a list submitted by the Louisiana Farm Bureau13
Federation president and shall serve for rotating three-year terms.14
(2) In addition, the commissioner of agriculture shall serve as an ex officio15
member of the council in an advisory capacity only.16
C. The terms of the initial appointees shall be designated by the president of17
the Louisiana Cattlemen's Association at the time of appointment in such manner18
that three of the initial appointees shall serve a one-year term; three of the initial19
appointees shall serve a two-year term; and three of the initial appointees shall serve20
a three-year term. Thereafter, all subsequent appointments shall be for three-year21
terms. No appointee shall serve more than two consecutive three-year terms on the22
council.23
(D) Thereafter and not less than thirty days prior to the expiration of the term24
of office, except for those serving by virtue of their elective office, the aforenamed25
organizations and agencies shall submit the names of appointments to the council26
commissioner. Vacancies which occur shall be filled in the same manner as the27
original appointments and for the unexpired term.28
* * *29 HLS 14RS-1504 ORIGINAL
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§2055. Powers and duties of the council; quorum1
A. The council shall:2
* * *3
(2) Meet regularly, not less often than once in each calendar quarter or at4
such other times as called by the chairman, or when requested by six or more5
members of the council at least once annually or by a special meeting called by the6
chairman.7
* * *8
(8) Maintain frequent communications with officers and industry9
representatives of the National Livestock and Meat Board.10
(9) Establish reasonable rules and regulations for its own government and11
the administration of the affairs of the council.12
* * *13
§2056. Use of funds14
* * *15
B. All funds available to the council shall be expended only to effectuate the16
purposes of this Part and shall not be used for political purposes in any manner. A17
report of all expenditures shall be made annually to the state conventions of the18
Louisiana Cattlemen's Association and the Louisiana Farm Bureau Federation.19
§2057. Additional powers of council20
The council may:21
(1) Sue and be sued as a council, without individual liability of the members22
for acts of the council when acting within the scope of the powers of this Part, and23
in a manner prescribed by the laws of this state.24
(2) Borrow money from licensed lending institutions in amounts which are25
not cumulatively greater than fifty percent of anticipated annual income.26
(3) Appoint advisory groups composed of representatives from27
organizations, institutions, governments, or business related to or interested in the28
welfare of the cattle and beef industry and consumers.29 HLS 14RS-1504 ORIGINAL
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(4) (2) Employ subordinate officers and employees of the council and1
prescribe their duties and fix their compensation and terms of employment.2
(5) (3) Accept grants, donations, contributions, or gifts from any source, but3
only if the use of such resources is not restricted in any manner which is deemed4
inconsistent with the objectives of the program.5
§2058. Levies, assessments, collection, and enforcement6
* * *7
B. The council may also levy There is hereby imposed and levied an8
additional a state assessment at the rate of fifty cents per head on all Louisiana cattle9
marketed within or outside Louisiana. This assessment shall be known as the "state10
assessment" for the purposes of this Part. The collecting person shall deduct the11
amount of the state assessment subject to any credits due to the producer from the12
gross receipts of the producer at the time of the sale. The purpose of this state13
assessment shall be to fund youth activities and for producer's participation in the14
Louisiana Beef Promotion and Research Program.15
C. The fifty cent state assessment shall be refundable as provided for in R.S.16
3:555.9 R.S. 3:2059.17
* * *18
§2059. Refunds19
A.(1) Any producer of Louisiana cattle marketed within or outside Louisiana20
shall be entitled to a refund of fifty cents per head from the state assessment levied21
and collected under the authority of this Part.22
(2) The council shall notify each producer by mail of the refund provisions23
and procedures on or before August 15, 1995 and on or before August fifteenth of24
each year thereafter. The producers shall be notified from a list, provided by each25
collecting person, of persons who have made payment for cattle to the collecting26
person. On or before August fifteenth of each year, the council shall notify27
producers of the refund provisions and procedures, which shall be published in the28 HLS 14RS-1504 ORIGINAL
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official state journal and posted on the Louisiana Department of Agriculture and1
Forestry's website.2
* * *3
Section 2. R.S. 3:2062 is hereby repealed in its entirety.4
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. HLS 14RS-1504 ORIGINAL
HB NO. 1098
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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 50¢ 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)