RS 3:3553 Levy of assessment; referendum; collection; enforcement; refund
§3553. Levy of assessment; referendum; collection; enforcement; refund
A. There is imposed and levied an assessment at the rate of one cent per bushel on all soybeans grown within the state, this assessment to be deducted from the amount paid the producer at the first point of sale, 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 has been approved by at least a majority of the soybean producers who vote in referendum to be called and held by the board. The soybean producers of the state shall be notified by the board of the results of the referendum. The assessment imposed by this Subsection shall be effective for a period of five crop years. This assessment may be extended for an indefinite period of time, in increments of five years, by ratification and approval of a majority of the Louisiana soybean producers who vote in referenda to be called and held by the board in the manner set forth in this Part. In order to be eligible to vote in the referenda, the prospective voter must have produced soybeans in the crop year immediately preceding the referendum. Producers voting in referenda shall vote only in the parish in which the voter resides.
B. There is imposed and levied an assessment at the rate of one-half cent per bushel on all wheat, corn, and grain sorghum grown within the state. However, the assessment shall not be imposed unless and until the question of its imposition has been submitted to and has been approved by at least a majority of the wheat, corn, and grain sorghum producers who vote in a referendum to be called and held by the board. The wheat, corn, and grain sorghum producers of the state shall be notified of the results of the referendum. The assessment imposed by this Subsection shall be effective for a period of five crop years. This assessment may be extended for an indefinite period of time, in increments of five years, by ratification and approval of a majority of the producers of the commodities subject to the assessment who vote in referenda to be called and held by the board in the manner set forth in this Part. In order to be able to vote in the referenda, the prospective voter must have produced at least one of the commodities subject to the assessment in the year preceding the year in which the referendum is held or in the year in which the referendum is held. Producers voting in referenda shall vote only in the parish in which the voter resides.
C. The assessments imposed and levied by this Part shall be collected by the commissioner of agriculture from the buyer of soybeans or the wheat, corn, or grain sorghum at the first point of sale. Every buyer shall keep a complete and accurate record of all soybeans, wheat, corn, or grain sorghum 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 the buyer for a period of one year and shall be offered for inspection at any time upon oral or written demand by the commissioner or any duly authorized agent or representative of the commissioner. 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 imposed in this Part. The commissioner of agriculture shall have the power to cause any duly authorized agent or representative to enter upon the premises of any buyer of soybeans, wheat, corn, or grain sorghum 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.
D. The commissioner of agriculture shall quarterly pay over to the Louisiana Soybean and Grain Research and Promotion Board the funds collected less the actual cost of administering and collecting any assessment levied herein up to but not to exceed three percent of the gross amount collected. The quarterly settlement to the Louisiana Soybean and Grain Research and Promotion Board shall be made on or before the fifteenth day of the succeeding quarter 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 assessments.
E. Any producer whose commodities are subject to an assessment levied under this Part may request and receive a refund of the amount deducted from the sale of his commodities provided he makes a written application with the commissioner within thirty days from date of sale supported by copies of sales slips signed by the purchaser, and provided further that the application is filed before the quarterly accounting is made and the funds paid to the Louisiana Soybean and Grain Research and Promotion Board.
Added by Acts 1968, Ex.Sess., No. 45, §1. Amended by Acts 1972, No. 38, §1; Acts 1980, No. 44, §1, eff. June 9, 1980; Acts 1985, No. 390, §1, eff. July 10, 1985; H.C.R. No. 159, 2008 R.S., eff. July 1, 2008; Acts 2009, No. 24, §8G, eff. June 12, 2009.
NOTE: See Acts 1985, No. 390, §§3, 4.