2006 Louisiana Laws - RS 3:559.27 — Assessment on aquatic chelonians; collection; refunds; costs

§559.27.  Assessment on aquatic chelonians; collection; refunds; costs

A.  An assessment may be levied on all aquatic chelonians produced in Louisiana, subject to approval in a referendum authorized by this Part.  The amount of the assessment shall be set by the board, but shall not exceed one cent per aquatic chelonian.

B.  Each person producing aquatic chelonians shall remit the assessment on all aquatic chelonians produced by that person to the representative of the department taking samples for testing as required by Part X of Chapter 16 of this Title.  The assessment shall be remitted at the time samples for testing are obtained by the department's representative.

C.  The department shall not collect aquatic chelonian samples taken from any person who fails to pay any assessment due under the provisions of this Part.

D.  Licensed farmers who have aquatic chelonians upon which the assessment has been paid, but which remain unsold as of April thirtieth of the year immediately following the year in which the aquatic chelonians were hatched, may submit a written request for a refund of the assessment paid on the unsold aquatic chelonians by that date.  The written request must be accompanied by sufficient proof that the aquatic chelonians have not been sold and that they cannot be sold.  If the department determines that the aquatic chelonians upon which an assessment was paid have not been sold and cannot be sold, then the requesting licensed farmer shall receive a refund of the amount of the assessment collected for the unsold aquatic chelonians.  No assessment refunds shall be made prior to April thirtieth of each year.

E.  Any licensed farmer who obtains a refund of the assessment shall immediately pay to the department the amount of the assessment due for those aquatic chelonians for which the assessment was refunded and which were subsequently sold.

Acts 2004, No. 913, §1, eff. July 1, 2004.