Louisiana 2015 2015 Regular Session

Louisiana House Bill HB291 Comm Sub / Analysis

                    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 Original	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.
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))