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2020 Regular Session
SENATE BILL NO. 108
BY SENATORS CATHEY AND CORTEZ
AGRICULTURE/FOREST DEPT. Provides relative to the expansion of the Louisiana
Public Livestock Market Charter Law. (gov sig)
1 AN ACT
2 To amend and reenact the heading of Part IV of Chapter 6 of Title 3 of the Louisiana
3 Revised Statutes of 1950, R.S. 3:661, 662, 663, 665(B) and (C), 667(C), (D)(3), (4),
4 (5), and (6), and (E), 669, 670(B), (C), and (E)(2) and (4), relative to the Louisiana
5 Public Livestock Market Charter Law; to expand the definition of livestock market
6 to include buying stations; to provide for definitions; to change certain terms; and to
7 provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. The heading of Part IV of Chapter 6 of Title 3 of the Louisiana Revised
10 Statutes of 1950, R.S. 3:661, 662, 663, 665(B) and (C), 667(C), (D)(3), (4), (5), and (6), and
11 (E), 669, 670(B), (C), and (E)(2) and (4) are hereby amended and reenacted to read as
12 follows:
13 PART IV. LOUISIANA PUBLIC LIVESTOCK MARKET CHARTER L AW
14 §661. Short title
15 This Part shall be known and cited as the Louisiana Public Livestock Market
16 Charter Law.
17 §662. Policy of state
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1 It is hereby declared to be the policy of the State of Louisiana, and the
2 purpose of this Part, to encourage, stimulate and stabilize the agricultural economy
3 of the state in general, and the livestock economy in particular, by encouraging the
4 construction, development and productive operation of public livestock markets as
5 a key industry of the state with all benefits of fully open, free, competitive factors,
6 in respect to sales and purchases of livestock. No person shall conduct the business
7 of a public livestock market without a valid charter to conduct such market.
8 §663. Definitions
9 The following words and phrases as used in this Part, unless the context
10 otherwise requires, shall have the meaning respectively ascribed to them in this
11 Section.
12 (1) "Board" means the Louisiana Board of Animal Health augmented by the
13 persons named in R.S. 3:665.
14 (2) "Livestock" means cattle, buffalo, bison, oxen, and other bovine; horses,
15 mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles,
16 and other animals identified with aquaculture that are located in artificial reservoirs
17 or enclosures that are both on privately owned property and constructed so as to
18 prevent, at all times, the ingress and egress of fish life from public waters; imported
19 exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and
20 other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals
21 placed under the jurisdiction of the commissioner of agriculture and forestry and any
22 hybrid, mixture, or mutation of any such animal.
23 (3) "Public livestock market" means any place, establishment or facility
24 commonly known as a "livestock market," "livestock auction market," "sales ring,"
25 "stockyard," or the like, operated for compensation or profit as a public market for
26 livestock, consisting of pens, or other enclosures, and their appurtenances, in which
27 livestock are received, held, sold, or kept for sale or shipment.
28 (4) "Commissioner" means the Commissioner of the Department of
29 Agriculture.
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1 (5) "Charter" means the charter for public livestock market operation
2 authorized to be issued under this Part.
3 (2) "Buying station" means a facility that is conducted, operated, or
4 managed as a private livestock market that offers stockyard services.
5 (3) "Charter" means the charter for livestock market operations
6 authorized under this Part.
7 (4) "Commissioner" means the Louisiana commissioner of agriculture
8 and forestry.
9 (5) "Livestock" means cattle, buffalo, bison, oxen, and other bovine;
10 horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits;
11 fish, turtles, and other animals identified with aquaculture that are located in
12 artificial reservoirs or enclosures that are both on privately owned property and
13 constructed so as to prevent, at all times, the ingress and egress of fish life from
14 public waters; imported exotic deer and antelope, elk, farm-raised white-tailed
15 deer, farm-raised ratites, and other farm-raised exotic animals; chickens,
16 turkeys, and other poultry; and animals placed under the jurisdiction of the
17 commissioner of agriculture and forestry and any hybrid, mixture, or mutation
18 of any such animal.
19 (6) "Livestock market" means any place, establishment or facility
20 commonly known as a "buying station", "livestock market", "livestock auction
21 market", "sales ring", "stockyard", or the like, operated for compensation or
22 profit as a market for livestock, consisting of pens, or other enclosures, and
23 their appurtenances, in which livestock are received, held, sold, or kept for sale
24 or shipment.
25 * * *
26 §665. Administration of Part
27 * * *
28 B. The Louisiana Board of Animal Health shall determine the day or days on
29 which each public livestock market chartered under the provisions of this Part may
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1 conduct sales.
2 C. Each public livestock market in operation on April 1, 1982, shall retain the
3 sale day or days on which the public livestock market was conducting sales prior to
4 April 1, 1982.
5 * * *
6 §667. Hearings on applications for charter
7 * * *
8 C. The commissioner shall publish a notice of the hearing on two separate
9 days in the official journal of the state and in the official journal of the municipality
10 or parish in which the proposed public livestock market will be located.
11 D. The board shall consider the following factors in determining whether or
12 not a charter should be granted:
13 * * *
14 (3) The present market services elsewhere available to the trade area to be
15 served by the proposed public livestock market.
16 (4) Whether the proposed public livestock market would be permanent and
17 continuous.
18 (5) The benefits to be derived by the livestock industry from the
19 establishment and operation of the proposed public livestock market.
20 (6) The economic feasibility of the proposed public livestock market.
21 E. If the board finds the applicant to be qualified to operate a public livestock
22 market, the board shall grant the charter. If the board finds that the applicant is not
23 qualified to operate a public livestock market or has failed to comply with the
24 requirements of this Part, the board shall deny the charter.
25 * * *
26 §669. Issuance of charter; special provision
27 The owner of any public livestock market operated and conducted as such on
28 July 27, 1966 shall be issued a charter for the operation of said market.
29 §670. Charter required
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1 * * *
2 B. Each public livestock market shall be chartered separately.
3 C. When the owner of a facility has leased the facility to another person who
4 is operating a public livestock market at the facility, and the lessee loses his charter
5 for any reason, the owner of the facility shall have the right to apply for a charter to
6 operate the facility as a public livestock market prior to any other person. If the
7 owner of the facility qualifies for the charter, the charter shall be issued to him.
8 * * *
9 E. The board may cancel a charter for any one or more of the following
10 actions:
11 * * *
12 (2) The holder is unable to meet the bond or financial requirements for
13 operating a public livestock market.
14 * * *
15 (4) The holder has violated the provisions of this Part, the provisions of the
16 rules or regulations adopted under the provisions of this Part, or any applicable
17 federal law or rule or regulation governing the operation of a public livestock market.
18 * * *
19 Section 2. This Act shall become effective upon signature by the governor or, if not
20 signed by the governor, upon expiration of the time for bills to become law without signature
21 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
22 vetoed by the governor and subsequently approved by the legislature, this Act shall become
23 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Lann.
DIGEST
SB 108 Original 2020 Regular Session Cathey
Present law (R.S. 3:661 et seq.) creates the Louisiana Public Livestock Market Charter Law
and provides for the administration of present law, including definitions, charter
requirements, fees, and exemptions.
Proposed law changes the name of the Louisiana Public Livestock Market Charter Law to
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the Louisiana Livestock Market Charter Law, changes all references from public livestock
market to livestock market in present law, and otherwise essentially retains present law.
Present law defines "public livestock market" as any place, establishment or facility
commonly known as a "livestock market", "livestock auction market", "sales ring",
"stockyard", or the like, operated for compensation or profit as a market for livestock,
consisting of pens, or other enclosures, and their appurtenances, in which livestock are
received, held, sold, or kept for sale or shipment.
Proposed law removes the term "public"and expands the definition of "livestock market" as
any place, establishment or facility commonly known as a "buying station", "livestock
market", "livestock auction market", "sales ring", "stockyard", or the like, operated for
compensation or profit as a market for livestock, consisting of pens, or other enclosures, and
their appurtenances, in which livestock are received, held, sold, or kept for sale or shipment.
Proposed law recodifies definitions and additionally defines "buying station" as a facility
that is conducted, operated, or managed as a private livestock market that offers stockyard
services.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends the heading of Part IV of Chapter 6 of Title 3 of the Louisiana Revised Statutes of
1950, R.S. 3:661, 662, 663, 665(B) and (C), 667(C), (D)(3), (4), (5), and (6), and (E), 669,
670(B), (C), and (E)(2) and (4))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.