HLS 15RS-806 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 291
BY REPRESENTATIVE ANDERS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HORTICULTURE: Increases fees and civil penalties relative to the regulation of
Horticulture
1 AN ACT
2To amend and reenact R.S. 3:3803(16) and (17), 3806(B), (C), and (D), and 3810.2(A) and
3 to enact R.S. 3:3803(18) and 3806(H), relative to the regulation of horticulture; to
4 authorize the increase of license and permit fees; to increase civil penalties for
5 certain violations; to provide for definitions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 3:3803(16) and (17), 3806(B), (C), and (D), and 3810.2(A) are
8hereby amended and reenacted and R.S. 3:3803(18) and 3806(H) are hereby enacted to read
9as follows:
10 §3803. Definitions
11 As used in this Chapter, the following terms shall have the following
12 meanings ascribed to them:
13 * * *
14 (16) "Regular Employee" means a person who holds a valid, appropriate
15 license or permit issued by the commissioner and who works at a place of business
16 for thirty-two or more hours a week.
17 (16) (17) "Secretary" means the secretary of the commission.
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HB NO. 291
1 (17) (18) "Vending machine" means any climate controlled mechanical,
2 electric, or electronic self-service device which, upon insertion of money, credit card,
3 token, or any other form of payment, automatically dispenses merchandise.
4 * * *
5 §3806. Fees
6 * * *
7 B. The license fee for each professional license which is issued or renewed
8 by the commissioner shall not be less than seventy-five dollars nor more than one
9 hundred fifty dollars per license.
10 C. The permit fee for each nursery stock dealer's permit which is issued or
11 renewed by the commissioner shall not be less than one hundred thirty dollars nor
12 more than one hundred seventy-five dollars per permit.
13 D. The permit fee for each cut flower dealer's permit which is issued or
14 renewed by the commissioner shall not be less than seventy dollars nor more than
15 one hundred forty dollars per permit.
16 * * *
17 H. The commission is authorized to promulgate rules and regulations, in
18 accordance with the Administrative Procedure Act, necessary to implement the
19 provisions of this Section.
20 * * *
21 §3810.2. Civil penalties and costs
22 A. Whoever is found by the commission to have violated a provision of this
23 Chapter or any rule or regulation adopted pursuant to this Chapter shall be fined as
24 follows:
25 (1) The commission may assess a civil penalty of not more than two five
26 hundred fifty dollars for each violation of any provision of this Chapter or any rule
27 or regulation adopted pursuant to this Chapter if the person subject to the civil
28 penalty has not been found guilty of a violation of any provision of this Chapter or
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HB NO. 291
1 any rule or regulation adopted pursuant to this Chapter in a prior adjudicatory
2 proceeding held by the commission.
3 (2) The commission may assess a civil penalty of not more than five hundred
4 one thousand dollars for each violation of any provision of this Chapter or any rule
5 or regulation adopted pursuant to this Chapter if the person subject to the civil
6 penalty has been found guilty of a violation of any provision of this Chapter or any
7 rule or regulation adopted pursuant to this Chapter in a prior adjudicatory proceeding
8 held by the commission.
9 (3) The commission may assess a civil penalty of not more than one
10 thousand five hundred dollars for each violation of any provision of this Chapter or
11 any rule or regulation adopted pursuant to this Chapter if the person subject to the
12 civil penalty has been found guilty of a violation of any provision of this Chapter or
13 any rule or regulation adopted pursuant to this Chapter in two or more prior
14 adjudicatory proceedings held by the commission.
15 * * *
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)]
HB 291 Engrossed 2015 Regular Session Anders
Abstract: Increases license and permit fees issued or renewed by the Commissioner of
Agriculture and Forestry (commissioner). Increases civil penalties that the
Horticulture Commission of Louisiana (commission) may assess regarding
provisions governing horticulture. Provides a definition for "regular employee".
Proposed law defines "regular employee" as meaning a person who holds a valid
license/permit and who works for 32 or more hours per week.
Present law sets a $75 license fee for each professional license which is issued or renewed
by the commissioner. Proposed law authorizes a license fee range of $75 to $150 per
license.
Present law sets a $130 permit fee for each nursery stock dealer's permit which is issued or
renewed by the commissioner. Proposed law authorizes a permit fee range of $130 to $175
per permit.
Present law sets a $70 permit fee for each cut flower dealer's permit which is issued or
renewed by the commissioner. Proposed law authorizes a permit fee range of $70 to $140
per permit.
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HB NO. 291
Proposed law authorizes the commission to promulgate rules and regulations, in accordance
with the Administrative Procedure Act, necessary to implement the provisions of proposed
law.
Present law authorizes the commission to assess a civil penalty of $250 if the person, subject
to the civil penalty, has not been found guilty of violating present law or any rule or
regulation adopted pursuant to present law in a prior adjudicatory proceeding held by the
commission. Proposed law increases the penalty from $250 to $500.
Present law authorizes the commission to assess a civil penalty of $500 if the person, subject
to the civil penalty, has been found guilty of violating present law or any rule or regulation
adopted pursuant to present law in a prior adjudicatory proceeding held by the commission.
Proposed law increases the penalty from $500 to $1,000.
Present law authorizes the commission to assess a civil penalty of $1,000 if the person,
subject to the civil penalty, has been found guilty of violating present law or any rule or
regulation adopted pursuant to present law in two or more prior adjudicatory proceedings
held by the commission. Proposed law increases the penalty from $1,000 to $1,500.
(Amends R.S. 3:3803(16) and (17), 3806(B), (C), and (D), and 3810.2(A); Adds R.S.
3:3803(18) and 3806(H))
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