The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Curry Lann.
DIGEST
SB 382 Engrossed 2016 Regular Session Thompson
Proposed law grants the commissioner of agriculture and forestry exclusive jurisdiction and authority
over all matters related to the regulation of seeds.
Proposed law prohibits municipalities, parishes, local governmental entities, or governing authorities
of any public or private group or association having jurisdiction over a specific geographic area from
enacting ordinances or subdivision restrictions or regulations regarding seeds that in any way affect
the registration, distribution, sale, or planting of seeds.
Proposed law authorizes municipalities, parishes, local governmental entities, or governing
authorities of any public or private group or association to request that department rules or
regulations applicable to the registration, distribution, sale, or planting of seeds be amended to
provide for specific problems encountered in or by the entity, group, or association. The following
provisions shall govern any such request:
(1)The request shall be addressed to the commissioner and referred to the commission for a
hearing.
(2)The commission shall make a preliminary determination as to whether the department rule
or regulation should be amended and shall transmit its determination to the commissioner.
(3)Upon receipt of the commission's preliminary determination, the commissioner shall make
a final determination as to whether the department rule or regulation should be amended.
(4)If the commissioner determines that the department rule or regulation should be amended,
the commission shall adopt a rule or regulation consistent with the commissioner's
determination. If the commissioner determines that the department rule or regulation should
not be amended, a written notice of his decision shall be provided to the requesting party.
Proposed law requires municipalities, parishes, and local governmental entities to petition the
commissioner for approval of any ordinance applicable to the registration, distribution, sale, or
planting of seeds. Proposed law further requires the governing authority of a public or private group
or association to petition the commissioner for approval of subdivision restrictions or regulations.
The procedure for obtaining such approval shall be as follows:
(1)The proposed ordinance or subdivision restriction or regulation shall be sent to the
commissioner and referred to the commission for a hearing.
(2)The commission shall make a preliminary determination as to the approval or disapproval of the proposed ordinance or subdivision restriction or regulation and shall transmit its
determination to the commissioner.
(3)Upon receipt of the commission's preliminary determination, the commissioner shall approve
or disapprove the proposed ordinance or subdivision restriction or regulation.
(4)The requesting party shall be notified of the commissioner's decision in writing.
(5)Any governing authority aggrieved by a final decision of the commissioner shall have a right
to judicial review of the administrative process pursuant to the APA.
Proposed law requires municipalities, parishes, local governmental entities, and governing
authorities of a public or private group or association, having in effect, on July 1, 2016, an ordinance
or subdivision restriction or regulation affecting the registration, distribution, sale, or planting of
seeds to submit the ordinance or subdivision restriction or regulation to the commissioner on or
before December 1, 2016, for approval. Any such ordinance or subdivision restriction or regulation
received by the commissioner on or before December 1, 2016, shall continue in full force and effect,
unless the commissioner disapproves the ordinance or subdivision restriction or regulation. Any such
ordinance or subdivision restriction or regulation not received by the commissioner on or before
December 1, 2016, is void.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 3:1434(6) and 1450)