Meetings
 
Agenda Item
Docket No. 17-423
 
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RE:
Advisory opinion request regarding the PFD filing requirements of members of the following commissions: (1) Agricultural Chemistry & Seed Commission, (2) Horticulture Commission, (3) Advisory Commission on Pesticides, (4) Boll Weevil Eradication Commission, (5) Structural Pest Control Commission, and (6) Sweet Potato Advertising and Development Commission.
Facts:
Agricultural Chemistry & Seed Commission:

This commission was created pursuant to La. R.S. 3:1381, et seq, to oversee the seed, feed, fertilizer, and agricultural liming laws. These laws provide that all funds deposited into the Seed Fund or the Feed and Fertilizer Fund are disbursed based on the determination of the Commissioner of Agriculture. The Commission has no authority to expend, disburse, or invest any funds.

Horticulture Commission:

This Commission was created pursuant to La. R.S. 3:3801, et seq., to regulate certain professions such as arborists, florists, and horticulturists. These laws provide that all funds deposited into the Horticulture and Quarantine Fund are disbursed based on the determination of the Commissioner of Agriculture. The Commission has no authority to expend, disburse, or invest any funds.

Advisory Commission on Pesticides:

This Commission was created pursuant to La. R.S. 3:3211, et seq., to advise on matters related to pesticides. All funds deposited into the Pesticide Fund are disbursed based on the determination of the Commissioner of Agriculture. The Commission has no authority to expend, disburse, or invest any funds.

Boll Weevil Eradication Commission:

This Commission was created pursuant to La. R.S.3:1601, et seq., to ensure the continued eradication of the boll weevil in Louisiana. All funds deposited into the Boll Weevil Eradication Fund are disbursed based on the determination of the Commissioner of Agriculture. The Commission has no authority to expend, disburse, or invest any funds.

Structural Pest Control Commission:


This Commission was created pursuant to La. R.S. 3:3363, et seq., to regulate the use of pesticides and inspect any premises where pesticides are utilized. All fees collected under these laws are deposited into the Structural Pest Control Commission Fund. The Commission is required by statute to allocate at least $30,000 to the Louisiana State University (LSU) Experiment Station, at least biannually.

Sweet Potato Advertising and Development Commission:

This Commission was created pursuant to La. R.S. 3:1741, et seq., to expand the market and increase consumption of sweet potatoes. All funds collected under these laws are deposited into a special fund. All disbursements from the fund may be authorized only by a majority vote of the Commission.


Law:
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.

See attachment for laws regarding the individual commissions.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2017-423- Advisory Opinion Draft
2017-423 AOR
2017-423- LDAF Commission Laws
2017-423- AO 2009-375 - Structural Pest Control Commission