§ 3:3403 — Louisiana Agricultural Commodities Commission; creation; membership; terms;

Louisiana § 3:3403

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§3403. Louisiana Agricultural Commodities Commission; creation; membership; terms;
panels of nominees; filling of vacancies; oaths of office; per diem; quorum; domicile;
meetings; successor to State Warehouse Commission
A. The Louisiana Agricultural Commodities Commission is hereby created within
the Department of Agriculture and Forestry and shall consist of ten members, nine to be
appointed by the commissioner as follows:
(1) One warehouseman appointed from a list of three persons nominated by the Rice
Millers Association.
(2) One producer appointed from a list of three persons nominated by the Louisiana
Cotton and Grain Association.
(3) One producer appointed from a list of three persons nominated by the Louisiana
Farm Bureau Federation.
(4) One banker who is familiar with the financing of businesses which store or
market the commodities which are regulated under this Chapter, appointed from a list of
three persons nominated by the Louisiana Bankers Association.
(5) One commodity trader who executes future trades related to a hedging program
for purchases or sales of commodities regulated under this Chapter, appointed from a list of
three persons nominated by the commissioner.
(6) One owner or operator of an elevator which handles both rice and soybeans,
appointed from a list of three persons nominated by the Louisiana Rice Dryers Association.
(7) One owner or operator of an inland elevator or barge-loading river facility or a
licensed Louisiana grain dealer appointed from a list of three persons nominated by the
Louisiana Ag Industries Association.
(8) One producer appointed from a list of three persons nominated by the American
Rice Growers Association.
(9) One cotton merchant appointed from the state at large.
B. Each appointment by the commissioner shall be submitted to the Senate for
confirmation.
C. The tenth member shall be the commissioner of agriculture and forestry or his
designee, who shall serve ex officio, but with all of the powers, rights, duties, and privileges
as appointed members, including the right to vote on all matters before the commission.
D. Members shall serve terms concurrent with the commissioner making the
appointment. The organizations herein authorized to make nominations for appointments
to the commission shall file the initial list of nominees for appointment within sixty days
after the effective date of this Section. Thereafter, each organization shall file a list of
nominees with the commissioner no later than June thirtieth of the year of the beginning of
the commissioner's term.
E. Except as provided herein, vacancies shall be filled in the same manner as original
appointments for the unexpired portion of the term. Whenever a vacancy occurs, the
organization authorized to make nominations for appointment to the vacant position shall file
a list of nominees with the commissioner within sixty days after the vacancy occurs. The
commissioner shall make all appointments no later than sixty days after the submission of
the list of nominees. Whenever the commissioner fails to make such appointments within
sixty days, the industry regulated by this Chapter being vital to the agriculture of this state,
the governor may appoint such members. Members appointed by the governor shall enjoy
all of the powers, duties, rights, and privileges as members appointed by the commissioner.
F. All members shall take and subscribe to the oath of office prescribed for state
officials. Members shall serve until their successors are appointed and qualified.
G. Appointed members of the commission shall be entitled to receive a per diem not
in excess of forty dollars and to be reimbursed for mileage expenses in accordance with the
same travel regulations applying to state employees.
H. Five members shall constitute a quorum for the transaction of official business.
All official actions of the commission shall require a majority vote of the members present
and voting.
I. The commission shall be domiciled in Baton Rouge.
J. The commission shall meet three times per calendar year, but may meet more
frequently upon the call of the chairman.
K. The Louisiana Agricultural Commodities Commission shall be the successor of
the State Warehouse Commission created under Act 330 of 1980.

Legislative History

Added by Acts 1982, No. 563, §1, eff. July 22, 1982; Acts 1985, No. 69, §1; Acts 1997, No. 1034, §1; Acts 2009, No. 24, §1, eff. June 12, 2009; Acts 2010, No. 767, §1, eff. June 30, 2010; Acts 2013, No. 113, §1; Acts 2015, No. 430, §1; Acts 2018, No. 8, §1; Acts 2019, No. 352, §1; Acts 2020, No. 235, §1, eff. June 11, 2020.