SLS 20RS-204 REENGROSSED
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. 3:571(A) and (C), 661, 662, 663, 665(B) and (C),
4 667(C), (D)(3), (4), (5), and (6), and (E), 669, 670(B), (C), and (E)(2) and (4),
5 732(B)(1)(f), and 2093(4), R.S. 14:67.1(A)(2) and (3) and (B)(1) and (2), and R.S.
6 37:3103(A)(3.1) and 3134, relative to the Louisiana Public Livestock Market Charter
7 Law; to expand the definition of livestock market to include buying stations; to
8 provide for definitions; to change certain terms; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. The heading of Part IV of Chapter 6 of Title 3 of the Louisiana Revised
11 Statutes of 1950, R.S. 3:571(A) and (C), 661, 662, 663, 665(B) and (C), 667(C), (D)(3), (4),
12 (5), and (6), and (E), 669, 670(B), (C), and (E)(2) and (4), 732(B)(1)(f), and 2093(4) are
13 hereby amended and reenacted to read as follows:
14 §571. Livestock auctioneers
15 A. Each auctioneer who engages in the auction business exclusively as an
16 employee or agent of a Louisiana public livestock market which is regulated by the
17 Louisiana Board of Animal Health shall register annually with the board.
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1 * * *
2 C. Each auctioneer who registers with the board shall submit to the board an
3 affidavit stating that the applicant is engaged in the auction business exclusively as
4 an employee or agent of one or more Louisiana public livestock markets which are
5 regulated by the board.
6 * * *
7 PART IV. LOUISIANA PUBLIC LIVESTOCK MARKET CHARTER L AW
8 §661. Short title
9 This Part shall be known and cited as the Louisiana Public Livestock Market
10 Charter Law.
11 §662. Policy of state
12 It is hereby declared to be the policy of the State of Louisiana, and the
13 purpose of this Part, to encourage, stimulate and stabilize the agricultural economy
14 of the state in general, and the livestock economy in particular, by encouraging the
15 construction, development and productive operation of public livestock markets as
16 a key industry of the state with all benefits of fully open, free, competitive factors,
17 in respect to sales and purchases of livestock. No person shall conduct the business
18 of a public livestock market without a valid charter to conduct such market.
19 §663. Definitions
20 The following words and phrases as used in this Part, unless the context
21 otherwise requires, shall have the meaning respectively ascribed to them in this
22 Section.
23 (1) "Board" means the Louisiana Board of Animal Health augmented by the
24 persons named in R.S. 3:665.
25 (2) "Livestock" means cattle, buffalo, bison, oxen, and other bovine; horses,
26 mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles,
27 and other animals identified with aquaculture that are located in artificial reservoirs
28 or enclosures that are both on privately owned property and constructed so as to
29 prevent, at all times, the ingress and egress of fish life from public waters; imported
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1 exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and
2 other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals
3 placed under the jurisdiction of the commissioner of agriculture and forestry and any
4 hybrid, mixture, or mutation of any such animal.
5 (3) "Public livestock market" means any place, establishment or facility
6 commonly known as a "livestock market," "livestock auction market," "sales ring,"
7 "stockyard," or the like, operated for compensation or profit as a public market for
8 livestock, consisting of pens, or other enclosures, and their appurtenances, in which
9 livestock are received, held, sold, or kept for sale or shipment.
10 (4) "Commissioner" means the Commissioner of the Department of
11 Agriculture.
12 (5) "Charter" means the charter for public livestock market operation
13 authorized to be issued under this Part.
14 (2) "Buying station" means a facility that is conducted, operated, or
15 managed as a private livestock market that offers stockyard services.
16 (3) "Charter" means the charter for livestock market operations
17 authorized under this Part.
18 (4) "Commissioner" means the Louisiana commissioner of agriculture
19 and forestry.
20 (5) "Livestock" means cattle, buffalo, bison, oxen, and other bovine;
21 horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits;
22 fish, turtles, and other animals identified with aquaculture that are located in
23 artificial reservoirs or enclosures that are both on privately owned property and
24 constructed so as to prevent, at all times, the ingress and egress of fish life from
25 public waters; imported exotic deer and antelope, elk, farm-raised white-tailed
26 deer, farm-raised ratites, and other farm-raised exotic animals; chickens,
27 turkeys, and other poultry; and animals placed under the jurisdiction of the
28 commissioner of agriculture and forestry and any hybrid, mixture, or mutation
29 of any such animal.
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1 (6) "Livestock market" means any place, establishment or facility
2 commonly known as a "buying station", "livestock market", "livestock auction
3 market", "sales ring", "stockyard", or the like, operated for compensation or
4 profit as a market for livestock, consisting of pens, or other enclosures, and
5 their appurtenances, in which livestock are received, held, sold, or kept for sale
6 or shipment.
7 * * *
8 §665. Administration of Part
9 * * *
10 B. The Louisiana Board of Animal Health shall determine the day or days on
11 which each public livestock market chartered under the provisions of this Part may
12 conduct sales.
13 C. Each public livestock market in operation on April 1, 1982 April 1, 2019,
14 shall retain the sale day or days on which the public livestock market was conducting
15 sales prior to April 1, 1982 April 1, 2019.
16 * * *
17 §667. Hearings on applications for charter
18 * * *
19 C. The commissioner shall publish a notice of the hearing on two separate
20 days in the official journal of the state and in the official journal of the municipality
21 or parish in which the proposed public livestock market will be located.
22 D. The board shall consider the following factors in determining whether or
23 not a charter should be granted:
24 * * *
25 (3) The present market services elsewhere available to the trade area to be
26 served by the proposed public livestock market.
27 (4) Whether the proposed public livestock market would be permanent and
28 continuous.
29 (5) The benefits to be derived by the livestock industry from the
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1 establishment and operation of the proposed public livestock market.
2 (6) The economic feasibility of the proposed public livestock market.
3 E. If the board finds the applicant to be qualified to operate a public livestock
4 market, the board shall grant the charter. If the board finds that the applicant is not
5 qualified to operate a public livestock market or has failed to comply with the
6 requirements of this Part, the board shall deny the charter.
7 * * *
8 §669. Issuance of charter; special provision
9 The owner of any public livestock market operated and conducted as such on
10 July 27, 1966 April 1, 2019 shall be issued a charter for the operation of said market.
11 §670. Charter required
12 * * *
13 B. Each public livestock market shall be chartered separately.
14 C. When the owner of a facility has leased the facility to another person who
15 is operating a public livestock market at the facility, and the lessee loses his charter
16 for any reason, the owner of the facility shall have the right to apply for a charter to
17 operate the facility as a public livestock market prior to any other person. If the
18 owner of the facility qualifies for the charter, the charter shall be issued to him.
19 * * *
20 E. The board may cancel a charter for any one or more of the following
21 actions:
22 * * *
23 (2) The holder is unable to meet the bond or financial requirements for
24 operating a public livestock market.
25 * * *
26 (4) The holder has violated the provisions of this Part, the provisions of the
27 rules or regulations adopted under the provisions of this Part, or any applicable
28 federal law or rule or regulation governing the operation of a public livestock market.
29 * * *
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1 §732. Livestock Brand Commission
2 * * *
3 B.(1) The commission shall be comprised of nine members appointed by the
4 commissioner as follows:
5 * * *
6 (f) One member appointed from the state at large, who shall be an operator
7 of a Louisiana public livestock market.
8 * * *
9 §2093. Powers
10 The Louisiana Board of Animal Health shall have the following powers and
11 duties:
12 * * *
13 (4) To issue charters and determine sale days for public livestock markets in
14 accordance with R.S. 3:665.
15 * * *
16 Section 2. R.S. 14:67.1(A)(2) and (3) and (B)(1) and (2) are hereby amended and
17 reenacted to read as follows:
18 §67.1. Theft of livestock
19 A. Any of the following acts shall constitute theft of livestock:
20 * * *
21 (2) Transporting or causing the transportation of livestock to a slaughterhouse
22 or a public livestock market as defined in R.S. 3:663, for purposes of selling or
23 keeping the livestock or meat with the intent to deprive the owner permanently of the
24 livestock or meat or proceeds derived from the sale of the livestock or meat.
25 (3) Failing or refusing to pay for livestock purchased from an agent, dealer,
26 public livestock market as defined in R.S. 3:663, or owner, or acquired with the
27 consent of the agent, dealer, public livestock market, or owner, within thirty days of
28 the date the livestock was purchased or acquired or the date payment was due,
29 whichever is longer, with the intent to permanently deprive the other of the livestock
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1 or the value of the livestock.
2 B. Either of the following acts shall constitute presumptive evidence of the
3 intent to permanently deprive the other of the livestock or meat, or proceeds derived
4 from sale of the livestock or meat:
5 (1) Assignment of the livestock in a record book maintained by a
6 slaughterhouse or public livestock market as defined in R.S. 3:663, in a name other
7 than that of the owner.
8 (2) Failing to pay for the livestock within ten days after notice of a request
9 for payment or return of the livestock or meat has been sent by the agent, dealer,
10 public livestock market as defined in R.S. 3:663, or owner, to the offender's last
11 known address by either registered or certified mail, return receipt requested, or by
12 actual delivery by a commercial courier.
13 * * *
14 Section 3. R.S. 37:3103(A)(3.1) and 3134 are hereby amended and reenacted to read
15 as follows:
16 §3103. Definitions of terms
17 A. As used in this Chapter, these terms shall have the definitions ascribed to
18 them, unless the context indicates otherwise:
19 * * *
20 (3.1) "Auction house", "auction company", and "auction business" are
21 synonymous and interchangeable terms and mean any entity, whether a sole
22 proprietorship, partnership, limited liability partnership, limited liability company,
23 corporation, or any other legal entity defined by the board, which arranges, manages,
24 sponsors, advertises, or carries out two or more auctions within any twelve-month
25 period and which regularly represents that goods are sold at auction. However, a
26 public livestock auction business which exclusively auctions livestock and which is
27 regulated as a public livestock market by the Louisiana Board of Animal Health
28 pursuant to R.S. 3:2091 et seq. shall not be defined as an auction business for
29 purposes of this Chapter. "Auction house," "auction company," and "auction
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1 business" shall not mean an entity which sells property through an Internet-based
2 trading platform unless such entity's activities constitute an "auction" as defined in
3 Paragraph (3) of this Subsection.
4 * * *
5 §3134. Livestock auctioneers
6 The provisions of this Chapter shall not apply to and the board shall not have
7 jurisdiction over auctioneers who are engaged in the auction business exclusively as
8 an employee or agent of a Louisiana public livestock market which is regulated by
9 the Louisiana Board of Animal Health and who are registered with that board as
10 required by R.S. 3:2100.
11 Section 4. This Act shall become effective upon signature by the governor or, if not
12 signed by the governor, upon expiration of the time for bills to become law without signature
13 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
14 vetoed by the governor and subsequently approved by the legislature, this Act shall become
15 effective on the day following such approval.
The original instrument was prepared by Curry J. Lann. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Jeanne Johnston.
DIGEST
SB 108 Reengrossed 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
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.
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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.
Present law provides that a livestock market in operation on April 1, 1982, shall retain the
sale day or days on which the livestock market was conducting sales prior to that date.
Proposed law instead provides that a livestock market in operation on April 1, 2019, shall
retain the sale day or days on which the livestock market was conducting sales prior to that
date.
Present law provides that the owner of a livestock market operated and conducted as such
on July 27, 1966, shall be issued a charter for the operation of said market.
Proposed law instead provides that the owner of a livestock market operated and conducted
as such on April 1, 2019, shall be issued a charter for the operation of said market.
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. 3:571(A)and (C), 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), 732(B)(1)(f), and 2093(4); R.S. 14:67.1(A)(2)
and (3) and (B)(1) and (2); and R.S. 37:3103(A)(3.1) and 3134)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provide that livestock markets in operation on April 1, 2019 shall retain their
sale days as established prior to that date.
2. Provide that the owner of a livestock market operated on April 1, 2019, shall
be issued a charter to operate the market.
3. Make technical changes.
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