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      RS 40:5.10     

  

            NOTE: §5.10 eff. until July 1, 2022. See Acts 2021, No. 114.

§5.10. Oyster Sanitation Fund

            A. There is hereby established a special fund in the state treasury to be known as the Oyster Sanitation Fund, hereinafter referred to as the "fund". The fund shall consist of monies received by virtue of the surcharge assessed pursuant to R.S. 30:2075.1, such monies as may be appropriated to it by the legislature, and monies received by the fund from grants and donations.

            B. Monies in the fund shall be invested by the state treasurer in accordance with the law, and shall comply with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund. Subject to Article VII, Section 9, the investment earnings shall be credited to the fund. The treasurer shall advise the governor and the legislature of the status of the fund thirty days prior to each regular session of the legislature and at any other time upon their request.

            C. Upon request of the secretary of either department named herein, and pursuant to appropriation by the legislature, the treasurer shall disburse monies from the fund to the Louisiana Department of Health and/or the Department of Wildlife and Fisheries for projects or measures that protect, enhance, or restore sanitary conditions directly related to the molluscan shellfish industry.

            D. Monies from the fund may not be used other than for the sanitation purposes authorized in Subsection C of this Section, or investment authorized in Subsection B of this Section.

            NOTE: §5.10 as amended by Acts 2021, No. 114, eff. July 1, 2022.

§5.10. Oyster Sanitation Dedicated Fund Account

            A. There is hereby established a special statutorily dedicated fund account in the state treasury to be known as the Oyster Sanitation Dedicated Fund Account, hereinafter referred to as the "account". The account shall consist of monies received by virtue of the surcharge assessed pursuant to R.S. 30:2075.1, such monies as may be appropriated to it by the legislature, and monies received by the account from grants and donations. Monies deposited into the 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.

            B. Monies in the account shall be invested by the state treasurer in accordance with the law, and shall comply with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund. Subject to Article VII, Section 9 of the Constitution of Louisiana, the investment earnings on account monies shall be credited to the account. The treasurer shall advise the governor and the legislature of the status of the account thirty days prior to each regular session of the legislature and at any other time upon their request.

            C. Upon request of the secretary of either department named herein, and pursuant to appropriation by the legislature, the treasurer shall disburse monies from the account to the Louisiana Department of Health or the Department of Wildlife and Fisheries for projects or measures that protect, enhance, or restore sanitary conditions directly related to the molluscan shellfish industry.

            D. Monies from the account may not be used other than for the sanitation purposes authorized in Subsection C of this Section, or investment authorized in Subsection B of this Section.

            Acts 1993, No. 911, §2, eff. June 23, 1993; Acts 2021, No. 114, §10, eff. July 1, 2022.



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