Louisiana 2022 2022 Regular Session

Louisiana House Bill HB689 Comm Sub / Analysis

                    SSHB689 3941 5257
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 689	2022 Regular Session Schamerhorn
WILDLIFE & FISHERIES DEP:  Provides for the retail seafood dealer's license
Synopsis of Senate Amendments
1.Make technical changes.
Digest of Bill as Finally Passed by Senate
Proposed law creates a retail seafood dealer's license and requires any person buying,
acquiring, or handling by any means whatsoever, from a La. wholesale/retail seafood dealer,
any species of fish whether fresh, frozen, processed, or unprocessed, that sells to the
consumer for personal or household use and any person who ships fish out of or within the
state of La. to the consumer for personal or household use to purchase a retail seafood
dealer's license.
Proposed law establishes the fee for the retail seafood dealer's license at $230 for residents
and $460 for nonresidents to be phased in over a two year period starting on Nov. 15, 2022,
with the remaining portion implemented on Nov. 15, 2023.
Present law provides that a wholesale/retail seafood dealer's license is valid for one year,
beginning on Jan. 1st of each calendar year and expiring on Dec. 31st of the same calendar
year.  Further provides the license may be purchased at any time of the year for the current
license year and from Nov. 15th for the immediately following license year.  Further
authorizes the department to sell a license for a four-year period at four times the cost of the
annual license fee.  Proposed law retains present law and adds retail seafood dealer's license.
Proposed law provides for requirements of the license.  Further allows and individual
licensee to operate as a retail seafood dealer at any point within the state when that person
is in possession of the original license and restricts validity of the license to the individual
for whom it was issued.
Proposed law applicable to businesses, provides that when a license is issued to a
corporation, partnership, or any other type of association, it is only valid for one place of
business and only valid to transact business for and in the name of the licensee.  Requires
additional licenses for multiple places of business.
Proposed law exempts persons transporting fish under the privilege of a La. transport license
purchased in connection with a La. retail seafood dealer's license when that person buys fish
for or on behalf of the retail seafood dealer and only transports such fish to that retail dealer.
Further exempts restaurants and retail grocers who only purchase fish, whether fresh, frozen,
processed, or unprocessed, from a licensed wholesale/retail seafood dealer and only sell such
fish fully prepared for immediate consumption by the consumer.
Proposed law requires a  retail out-of-state crab shipping license in addition to a retail
dealer's license for any retail seafood dealer who exports or attempts to export outside of the
state of Louisiana any crabs, softshell crabs, boiled crabs, containerized crabmeat, or
containerized pasteurized crabmeat.
Proposed law establishes the fee for a retail out-of-state crab shipping license at $100 per
year.  Provides that the license is valid for one year from Jan. 1st to Dec. 31st of the same
year.
Proposed law provides that the retail out-of-state crab shipping license may be purchased at
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any time of the year for the current license year and from Nov. 15th for the immediately
following license year.
Proposed law provides disposition of the revenues collected from the retail out-of-state crab
shipping license as follows:
(1)10% deposited to the Conservation Fund.
(2)90% deposited to the Crab Development, Management, and Derelict Crab Trap
Removal Account.
Present law requires restaurants and retail grocers to buy directly from only wholesale/retail
seafood dealers licensed in La.  Proposed law adds retail seafood dealers.
Present law requires that restaurants and retail grocers be licensed under present law and
possess a valid transport license when buying fish from an out-of-state seller and bringing
the fish into the state.  Proposed law adds retail seafood dealers.
Present law requires wholesale/retail seafood dealers, restaurants, and retail grocers to keep
certain records.  Proposed law adds retail seafood dealers.
Proposed law specifies that the changes to license fees contained in this Act will be placed
in the dept., where starting on Nov. 15, 2022, and for the duration of the 2023 commercial
license year, the resident fee is $167.50 and the nonresident fee is $432.50 and the remaining
fee increase will be implemented on Nov. 15, 2023.
(Amends R.S. 56:306.2(B), 306.3, 306.4(Section heading) and (C)(1), and 306.5(A); Adds
R.S. 56:306.1 and 306.2(A)(2))
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