ENROLLED
ACT No. 202
2015 Regular Session
HOUSE BILL NO. 291
BY REPRESENTATIVE ANDERS
1 AN ACT
2 To 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.
6 Be 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
8 hereby amended and reenacted and R.S. 3:3803(18) and 3806(H) are hereby enacted to read
9 as 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.
18 (17) (18) "Vending machine" means any climate controlled mechanical,
19 electric, or electronic self-service device which, upon insertion of money, credit card,
20 token, or any other form of payment, automatically dispenses merchandise.
21 * * *
22 §3806. Fees
23 * * *
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1 B. The license fee for each professional license which is issued or renewed
2 by the commissioner shall not be less than seventy-five dollars nor more than one
3 hundred fifty dollars per license.
4 C. The permit fee for each nursery stock dealer's permit which is issued or
5 renewed by the commissioner shall not be less than one hundred thirty dollars nor
6 more than one hundred seventy-five dollars per permit.
7 D. The permit fee for each cut flower dealer's permit which is issued or
8 renewed by the commissioner shall not be less than seventy dollars nor more than
9 one hundred forty dollars per permit.
10 * * *
11 H. The commission is authorized to promulgate rules and regulations, in
12 accordance with the Administrative Procedure Act, necessary to implement the
13 provisions of this Section.
14 * * *
15 §3810.2. Civil penalties and costs
16 A. Whoever is found by the commission to have violated a provision of this
17 Chapter or any rule or regulation adopted pursuant to this Chapter shall be fined as
18 follows:
19 (1) The commission may assess a civil penalty of not more than two five
20 hundred fifty dollars for each violation of any provision of this Chapter or any rule
21 or regulation adopted pursuant to this Chapter if the person subject to the civil
22 penalty has not been found guilty of a violation of any provision of this Chapter or
23 any rule or regulation adopted pursuant to this Chapter in a prior adjudicatory
24 proceeding held by the commission.
25 (2) The commission may assess a civil penalty of not more than five hundred
26 one thousand 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 been found guilty of a violation of any provision of this Chapter or any
29 rule or regulation adopted pursuant to this Chapter in a prior adjudicatory proceeding
30 held by the commission.
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1 (3) The commission may assess a civil penalty of not more than one
2 thousand five hundred dollars for each violation of any provision of this Chapter or
3 any rule or regulation adopted pursuant to this Chapter if the person subject to the
4 civil penalty has been found guilty of a violation of any provision of this Chapter or
5 any rule or regulation adopted pursuant to this Chapter in two or more prior
6 adjudicatory proceedings held by the commission.
7 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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