NOTE: §101.9 Section Heading and Subsection (A) eff. until July 1, 2023. See Acts 2022, No. 100, §2.

§101.9. Underwater Obstruction Removal Dedicated Fund Account

            A. There is hereby established a statutorily dedicated fund account in the custody of the state treasurer to be known as the Underwater Obstruction Removal Dedicated Fund Account, hereafter referred to in this Section as the "account", into which the state treasurer shall, each fiscal year, deposit the revenues received from the collection of the monies enumerated in Subsection C of this Section, after those revenues have been deposited in the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated from that fund to pay all the obligations secured by the full faith and credit of the state that become due and payable within each fiscal year, the treasurer shall pay into the account an amount equal to the revenues generated as provided for in Subsection C of this Section. Such funds shall constitute a special custodial trust account which shall be administered by the secretary who shall make disbursements from the account solely in accordance with the purposes and uses authorized by this Part.

NOTE: §101.9 Section Heading and Subsection (A) as amended by Acts 2022, No. 100, §2, eff. July 1, 2023.

§101.9. Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated Fund Account

            A. There is hereby established a statutorily dedicated fund account in the custody of the state treasurer to be known as the Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated Fund Account, hereafter referred to in this Section as the "account", into which the state treasurer shall, each fiscal year, deposit the revenues received from the collection of the monies enumerated in Subsection C of this Section, after those revenues have been deposited in the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated from that fund to pay all the obligations secured by the full faith and credit of the state that become due and payable within each fiscal year, the treasurer shall pay into the account an amount equal to the revenues generated as provided for in Subsection C of this Section. Such funds shall constitute a special custodial trust account which shall be administered by the secretary who shall make disbursements from the account solely in accordance with the purposes and uses authorized by this Part.

            B. The funds received shall be placed in the account to be used only in accordance with this Part and shall not be placed in the general fund. The funds shall only be used for the purposes set forth in this Part and for no other governmental purposes, nor shall any portion hereof ever be available to borrow from by any branch of government. It is the intent of the legislature that this account shall remain intact and inviolate. Any interest or earnings of the account shall be credited only to the account. Monies deposited into this account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

            C. The following monies shall be placed into the account:

            (1) Private contributions.

            (2) Interest earned on the funds deposited in the account.

            (3) Any grants, donations, and sums allocated from any source, public or private, for the purposes of this Part.

NOTE: Paragraph (C)(4) eff. until July 1, 2023. See Acts 2022, No. 100, §2.

            (4) Any monies deposited into the account pursuant to R.S. 56:700.2(A)(4).

NOTE: Subsection (C)(4) as amended by Acts 2022, No. 100, §2, eff. July 1, 2023.

            (4) Any monies deposited into the account pursuant to R.S. 30:101.11(B)(2).

            D. The monies in the account may be disbursed and expended pursuant to the authority and direction of the assistant secretary for the following purposes and uses:

            (1) Any underwater obstruction identification, inventory, or removal conducted by the office of conservation pursuant to this Part.

            (2) The administration of this Part by the office of conservation in an amount not to exceed two hundred thousand dollars in any fiscal year.

            (3) The payment of fees and costs associated with the administration of the account and any contract with a private legal entity pursuant to this Section.

            (4) Any other expenditures determined necessary by the secretary to meet the purposes of this Part.

NOTE: Paragraph (D)(5) as enacted by Acts 2022, No. 100, §2, eff. July 1, 2023.

            (5) Payment of any fully justified claim made in accordance with procedures established in this Section for actual damages suffered by a commercial fisherman as a result of hitting or snagging an obstruction or hazard in the waters of the state resulting from natural occurrences, oil and gas activities, or other activities where the owner of the obstruction is unknown.

            Acts 1997, No. 666, §2; Acts 1999, No. 599, §1, eff. July 1, 1999; Acts 2021, No. 114, §§6, 18, eff. July 1, 2022; Acts 2022, No. 100, §2, eff. July 1, 2023.

NOTE: See R.S. 30:101.15 regarding the termination of Part after June 30, 2027.