RS 3:3544 Levy of assessment; referendum; collection; enforcement; transfer of funds - Louisiana Statutes

§3544.  Levy of assessment; referendum; collection; enforcement; transfer of funds

A.  Levy of assessment.

(1)  There is imposed and 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.

(2)  For rice sold on a "green weight" basis, a reduction of ten percent will be allowed for weight loss in computing the assessment.

(3)  The obligation to pay the assessment shall apply to the producer for all rice marketed by him.  To facilitate collection, this assessment is to 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 and the amount thereof has been submitted to and been approved by a majority of the rice producers who vote in referendum to be called and held by the board within ninety days following the effective date of this Part.  If the assessment is approved as provided in this Section, the assessment shall become effective July 1, 1973.

(4)  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.

(5)  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.

(6)  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.

(7)  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.

(8)  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.

(9)  The assessment imposed by this Subsection shall be effective for a period of five crop years.

(10)  Subject to the provisions of Subsection G of this Section, this assessment may be extended for an indefinite period of time in increments of five years each, by ratification and approval of a majority vote of the rice producers who vote in referenda to be called and held by the board in the manner provided in Subsection B of this Section.

B.  Referendum.  No assessment provided for in this Section shall be imposed unless and until the question of its imposition has been submitted to and has been approved by a majority of the rice producers who vote in a referendum to be called and held by the board.  The board shall give notice of the results of the referendum to the rice producers of the state.  In order to be eligible to vote in referenda conducted in accordance with this Subsection, each rice producer shall have produced rice in the crop year immediately preceding the crop year in which the referendum is held.

C.  Collection and Enforcement.  The assessment imposed and 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 and delivered to the CCC, collection shall be from the producer, or from the CCC on the producer's behalf.  On seed rice, collection shall be from the handler performing the cleaning.

D.  Records.  Every buyer, miller or handler shall keep a complete and accurate record of all rice purchased, milled or handled 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 said 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, miller or handler, 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 imposed 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, miller or handler 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 the payment of the assessment or enforcement of the provision of this part.

E.  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 weight or settlement sheets by the buyer 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.

F.  Transfer of funds.

(1)  The proceeds of the assessment collected by the commissioner shall be deposited with the state treasurer in a special fund to be established by the state treasurer for the Louisiana Rice Research Board, to the credit of the Louisiana Rice Research Board.

(2)  The commissioner shall join with the secretary-treasurer of the board in signing a warrant to have the net proceeds from the assessment paid to the board.

(3)  The commissioner of agriculture shall annually pay over to the Louisiana Rice Research 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.

(4)  The annual settlement to the Louisiana Rice Research 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.

G.  REPEALED BY ACTS 1991, NO. 98, §2, EFF. JULY 1, 1991.

H.  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. 105, §1; Amended by Acts 1981, No. 4, §1, eff. June 3, 1981; Acts 1988, No. 335, §1; Acts 1991, No. 98, §§1 and 2, eff. July 1, 1991; Acts 2009, No. 24, §8I, eff. June 12, 2009.

{{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.}}