2006 Louisiana Laws - RS 3:551.64 — Levy of assessment; referendum, collection, and enforcement; records; refunds; transfer of funds

§551.64.  Levy of assessment; referendum, collection, and enforcement; records; refunds; transfer of funds

A.  Levy of assessment.

(1)  There is hereby levied an assessment at the rate not to exceed three cents per hundredweight, or the equivalent thereof, of dry rough "paddy" rice produced in this state and a rate not to exceed two and seventy one-hundredths cents per hundredweight, or the equivalent thereof, on rice produced in this state and sold on a "green weight" basis.

(2)  The obligation to pay the assessment shall apply to the producer for all rice marketed by him.  To facilitate collection, this assessment shall be deducted by each miller or handler from the amount paid the producer at the first point of sale only, whether within or without the state; however, the assessment shall not be imposed unless and until the question of its imposition has been submitted to and been approved by a majority of the rice producers who vote in referendum as provided in Subsection B of this Section.

(3)  Rice which was purchased by a handler on a "green weight" basis for resale and on which the assessment has been collected from producers must be accompanied by a certificate showing the amount of assessments deducted when resale is made to a miller by the handler.

(4)  Assessments on seed rice shall be due at the time such rice is marketed as seed and shall be collected from the handler performing the cleaning.  Such handler shall add such assessment to any amount charged to the producer or other person for whom such cleaning service is performed.

(5)  Assessments on rice put under loan to the Commodity Credit Corporation or purchased by the Commodity Credit Corporation and delivered to it shall be payable when such rice is placed under loan or is purchased.

(6)  The Commodity Credit Corporation may require deduction and payment of the assessment from the loan proceeds or from the purchase price on behalf of the producer.

(7)  Assessments on rice put under loan to the Commodity Credit Corporation and redeemed by the producer prior to the takeover date, if already paid by having been deducted from the loan proceeds, shall not be deducted by each miller or handler from the amount paid the producer at the first point of sale as provided in this Section; otherwise, the assessment shall be deducted.

B.  Referendum.

(1)  The levy of assessment as provided in Subsection A of this Section shall not be imposed unless and until the question of its imposition and, subject to the maxima provided in Subsection A, the amount thereof, has been submitted to and been approved by a majority of the rice producers who vote in a referendum.

(2)  The next referendum shall be called and held by the board in the month of January, 1996. The rice producers of the state shall be notified by the board of the results of the referendum.

(3)  If approved, the assessment shall be effective for a period of five crop years.  It may be extended for an indefinite period of time, in increments of five years each, by ratification and approval by a majority vote of all the rice producers who vote in referendum to be called and held by the board in the manner set forth hereinabove.

(4)  In all such referenda, in order to be eligible to vote, the producer must have produced rice in the crop year immediately preceding the referendum.

C, D.  Repealed by Acts 1991, No. 98, §2, eff. July 1, 1991.

E.  Collection and enforcement.  The assessment levied by this Part shall be collected by the commissioner.  On rice sold by the producer, collection shall be from the buyer of the rice at the first point of sale only.  On rice put under loan or purchased by the Commodity Credit Corporation and delivered to the Commodity Credit Corporation, collection shall be from the producer, or from the Commodity Credit Corporation on the producer's behalf.  On seed rice, collection shall be from the handler performing the cleaning.

F.  Records.  Every buyer shall keep a complete and accurate record of all rice purchased by him.  Such records shall be in such form and contain such other information as the board shall by rule or regulation prescribe.  The records shall be preserved by the buyer for a period of two years and shall be offered for inspection at any time upon oral or written demand by the commissioner or his duly authorized representative or agent thereof.  Every buyer, at such time or times as the commissioner may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment levied in this part.  The commissioner shall have the power to cause any duly authorized agent or representative to enter upon the premises of any buyer of rice from which assessments were collected or to be collected and examine or cause to be examined by such agent any books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this Part.

G.  Refunds.

(1)  Any rice producer may request and receive a refund of the amount deducted from his share of the proceeds from the sale of his rice provided he makes a written application with the commissioner within thirty days from the date of sale supported by copies of sales slips signed by the producer and provided further that the application is filed before the annual accounting is made and the funds paid to the board.

(2)  Provided however, the refund as provided in this Subsection shall not be available if a majority of the rice producers who vote in a referendum to be called and held by the board after January 1, 1992, vote to abolish the refund provisions of this Subsection.

(3)  If a majority of the rice producers who vote in such a referendum vote to abolish the refund provisions, such refund provisions shall be null and void and shall thereafter have no effect.

H.  Transfer of funds.

(1)  The commissioner of agriculture shall annually pay over to the Louisiana Rice Promotion Board the funds collected less the actual cost of administering and collecting the assessment levied herein up to but not to exceed two percent of the gross amount collected.

(2)  The annual settlement to the Louisiana Rice Promotion Board shall be made as of the first day of July of each year and shall be accompanied by a complete audit of all funds collected and disbursed, and costs actually incurred in the collection and administration of the assessment.

I.  Additional assessments.

(1)  In addition to all other assessments levied pursuant to this Section there is hereby levied an assessment at a rate not to exceed two cents per hundredweight, or the equivalent thereof, on dry rough "paddy" rice produced in this state.

(2)  The assessment shall be reduced ten percent for rice sold on a "green weight" basis.

(3)  Each producer shall pay the assessment on all rice marketed by the producer.

(4)  This assessment shall be deducted and collected in the same manner as the other assessments provided for in this Section.

(5)  This assessment shall be subject to all the other requirements for assessments provided for in this Section, including the provisions for referenda and extension in five-year increments, subject to referenda.

Added by Acts 1972, No. 104, §1; Amended by Acts 1980, No. 353, §2; Acts 1988, No. 335, §1; Acts 1991, No. 98, §§1 and 2, eff. July 1, 1991.

{{NOTE: ALL ASSESSMENTS IN PLACE AND BEING COLLECTED ON JULY 1, 1991, SHALL CONTINUE TO BE IN EFFECT AND COLLECTED UNTIL THE STATUTORILY AUTHORIZED DATE FOR THE NEXT REFERENDUM.  ACTS 1991, NO. 98, §3.}}