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ACT No. 345
Regular Session, 2014
HOUSE BILL NO. 886
BY REPRESENTATIVE MONTOUCET AND SENATORS ALLAIN, LONG, RISER,
JOHN SMITH, AND THOMPSON
AN ACT1
To amend and reenact R.S. 3:3543(B), (C), and (D), 3544(A)(1) and (3), (E), (F)(3) and (4),2
and (H)(1), and 3547(A) and to repeal R.S. 3:3543(E) and 3544(A)(10), (B), and3
(H)(5), relative to the Louisiana Rice Research Board; to provide for the membership4
and duties of the board; to provide for the levy of certain assessments on dry rough5
"paddy" rice; to provide for rice producer refunds; to provide relative to the time6
period for the transfer of funds; to repeal authority for referenda for assessment7
purposes; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 3:3543(B), (C), and (D), 3544(A)(1) and (3), (E), (F)(3) and (4), and10
(H)(1), and 3547(A) are hereby amended and reenacted to read as follows:11
§3543. Louisiana Rice Research Board; creation and organization12
* * *13
B. The board shall be composed of thirteen fifteen members appointed by14
the governor, subject to Senate confirmation. Each member shall be a rice producer15
and be subject to Senate confirmation, except the commissioner or his designee.16
Members shall serve for four-year terms which shall begin on the first day of July17
in 1988 and each four years thereafter. Members shall be appointed in accordance18
with the following provisions: Members shall serve for four-year terms which shall19
begin on the fifteenth day of August in 2014 and each four years thereafter. The20
board shall consist of the following members:21
(1) Six members shall be appointed from a list of ten persons nominated by22
the Louisiana Farm Bureau Federation, Inc.23 ENROLLEDHB NO. 886
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(2) Five members shall be appointed from a list of eight persons nominated1
by the Louisiana Rice Growers Association.2
(3) Two members shall be appointed from a list of four persons nominated3
by the American Rice Growers Cooperative Association.4
(4) One member appointed from a list of three persons nominated by the5
Louisiana Independent Rice Growers Association.6
(5) The commissioner of agriculture or his designee.7
C. Not less than thirty days prior to July 1, 1988 August 15, 2014, and every8
four years thereafter, the Louisiana Farm Bureau Federation, Inc., the Louisiana Rice9
Growers Association, and the American Rice Growers Cooperative Association, and10
the Louisiana Independent Rice Producers Association each shall submit the names11
of their nominees, all of whom shall be rice producers, to the governor who shall12
appoint the required number of board members from each set of nominees. In the13
event that the governor fails to appoint the members of the board in accordance with14
this Section, the current members shall continue to serve until their replacements are15
appointed. Board members shall be eligible to succeed themselves on the board if16
they meet the prescribed qualifications and are reappointed by the governor.17
D. 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, whose duties shall be those customarily exercised by20
such officers or specifically designated by the board. The board may establish rules21
and regulations for its own government and the administration of the affairs of the22
board and shall have the following duties, functions, and authorizations in addition23
to and in conjunction with the aforenamed:24
(1) To plan and conduct referenda among producers for the approval or25
disapproval of the program in accordance with the provisions of this Chapter.26
(2)(1) To make recommendations and to advise the commissioner27
concerning rules and regulations relating to the administration of the collection of28
the assessments.29 ENROLLEDHB NO. 886
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(3)(2) To receive the funds from the state treasury in accordance with the1
provisions of this Chapter.2
(4)(3) To expend funds collected for rice research and to enter into contracts3
with rice research organizations and/or and agencies relating to the production,4
handling, marketing, or utilization of rice for the purposes of research.5
(5)(4) To keep minutes, books, and records which will clearly reflect all of6
its meetings, acts, and transactions. Said The minutes, books, and records shall at7
all times be subject to examination by any rice producer on whom an assessment has8
been collected.9
(6)(5) To publicize the actions of the board in the news media serving the10
rice areas of Louisiana.11
§3544. Levy of assessment; referendum; collection; enforcement; transfer of funds12
A. Levy of assessment.13
(1) There is imposed and levied an assessment at the rate not to exceed of14
three cents per hundredweight, or the equivalent thereof, of dry rough "paddy" rice15
produced in this state.16
* * *17
(3) The obligation to pay the assessment shall apply to the producer for all18
rice marketed by him. To facilitate collection, this assessment is to be deducted by19
each miller or handler from the amount paid the producer at the first point of sale20
only, whether within or without outside the state; however, the assessment shall not21
be imposed unless and until the question of its imposition and the amount thereof has22
been submitted to and been approved by a majority of the rice producers who vote23
in referendum to be called and held by the board within ninety days following the24
effective date of this Chapter. If the assessment is approved as provided in this25
Section, the assessment shall become effective July 1, 1973.26
* * *27
E. Refunds.28
(1) Any rice producer may request and receive a refund of the amount29
deducted from his share of the proceeds from the sale of his rice provided he makes30 ENROLLEDHB NO. 886
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a written application with the commissioner within thirty days from the date of sale1
supported by copies of weight or settlement sheets by the buyer and provided further2
that the application is filed before the annual accounting is made and the funds paid3
to the board.4
(2) The refund shall be paid to the producer no later than sixty days after the5
commissioner receives the producer's application for a refund.6
(3) Any repeal of the refund provided in this Subsection shall require a two-7
thirds vote of the legislature.8
(2) Provided however, the refund as provided in this Subsection shall not be9
available if a majority of the rice producers who vote in a referendum to be called10
and held by the board after January 1, 1992, vote to abolish the refund provisions of11
this Subsection.12
(3) If a majority of the rice producers who vote in such a referendum vote13
to abolish the refund provisions, such refund provisions shall be null and void and14
shall thereafter have no effect.15
F. Transfer of funds.16
* * *17
(3) The commissioner of agriculture shall annually monthly pay over to the18
Louisiana Rice Research Board the funds collected less the actual cost of19
administering and collecting the assessment levied herein pursuant to this Section up20
to but not to exceed two percent of the gross amount collected.21
(4) The annual monthly settlement to the Louisiana Rice Research Board22
shall be made as of the first day of July of each year and shall be accompanied by a23
complete audit of all funds collected and disbursed, and costs actually incurred in the24
collection and administration of the assessment.25
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H. Additional assessments.27
(1) In addition to all other assessments levied pursuant to this Section there28
is hereby levied an assessment at a rate not to exceed of two cents per29 ENROLLEDHB NO. 886
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hundredweight, or the equivalent thereof, on dry rough "paddy" rice produced in this1
state.2
* * *3
§3547. Use of funds4
A. The board shall dedicate, after deducting for administrative expenses, the5
amounts determined needed for rice research. The board shall have authority to6
contract for services in order to accomplish the purpose for which it is created. Use7
of these funds may be applied within or without outside the State state of Louisiana,8
including regional, national and international applications as long as the research will9
benefit Louisiana rice producers. Such funds may also be used to defray costs or10
referenda.11
* * *12
Section 2. R.S. 3:3543(E) and 3544(A)(10), (B), and (H)(5) are hereby repealed in13
their entirety.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: