Louisiana 2014 2014 Regular Session

Louisiana House Bill HB886 Comm Sub / Analysis

                    Montoucet (HB 886)	Act No. 345 
Existing law provides for the 13-member La. Rice Research Board to be appointed by the
governor, subject to Senate confirmation, as follows:
(1)Six members appointed from a list of 10 persons nominated by the La. Farm Bureau
Federation, Inc.
(2)Five members appointed from a list of eight persons nominated by the La. Rice
Growers Assoc.
(3)Two members appointed from a list of four persons nominated by the American Rice
Growers Cooperative Assoc.
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 August 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 of agriculture or his designee, who will not be subject to Senate
confirmation.  Also removes the commissioner as an advisor to the board.
Prior law required 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
the approval or disapproval of the program.  New law removes the board duty to plan and
conduct referenda.
Existing law provides for an assessment to be levied and imposed at a rate not to exceed 3¢
per hundredweight of dry rough "paddy" rice to be collected at the first point of sale.  
Prior law provided that the assessment not be imposed until its imposition and the amount
thereof has been submitted to a majority of rice producers in a referendum vote.
New law changes the  assessment amount from a 0-to-3¢ range to 3¢ per hundredweight on
dry rough "paddy" rice and removes the referendum provision for assessment purposes.
Existing law provides for an assessment refund upon written application to the commissioner
within 30 days from the date of the sale and prior to the annual accounting and transfer of
funds to the board.  
Prior law provided for a referendum vote of the producers to abolish the refund provisions
which would render such refund null and void.
New law removes referendum requirements 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.
Existing law provides for the commissioner to transfer to the board funds collected minus
administrative costs in an amount not to exceed 2% of the gross amount collected. Further
provides that the annual settlement to the board be accompanied by a complete audit of all
funds collected and disbursed.
Prior law provided for the funds to be transferred annually to the board.  New law changes the fund transfer period from annually to monthly.
Prior law provides for the levy of an additional assessment at a rate not to exceed 2¢ per
hundredweight on dry rough "paddy" rice.
New law changes the additional assessment rate from a 0-to-2¢ range to 2¢ per
hundredweight.
Existing law authorizes the board to determine an amount needed for rice research and to
contract for services to accomplish such need. Further provides for the application of funds
within or outside of the state subject to the benefit of La. rice producers.  
Prior law allowed the use of funds to defray costs or referenda.  New law removes this
provision.
Prior law allows the assessment on rice to be extended indefinitely in five-year increments
by approval in a referendum vote of rice producers.  New law repeals prior law.
Prior law provides for the imposition of the assessment only by referendum vote of a
majority of rice producers. Further provides for criteria for participation in a referendum and
for notification of the referendum results.  New law repeals prior law.
Prior law provides that additional assessments be 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. 3:3543(B), (C), and (D), 3544(A)(1) and (3), (E), (F)(3) and (4), and (H)(1)
and 3547(A); Repeals R.S. 3:3543(E) and 3544(A)(10), (B), and (H)(5))