2006 Louisiana Laws - RS 3:1734 — Fee based on shipments of potatoes or plants; sweet potato pests and diseases fund; disposition of funds

§1734.  Fee based on shipments of potatoes or plants; Sweet Potato Pests and Diseases Fund; disposition of funds

A.  For the purpose of carrying out and putting into effect the provisions of this Part, the commissioner of agriculture and forestry may charge a fee of not more than six cents per bushel on every bushel of potatoes moved or shipped within the state and a fee of not more than ten cents per thousand on all vines, plants, and slips.  The fees shall be established by rule adopted in accordance with the Administrative Procedure Act.

B.  All assessments, fees, penalties, and other funds received under the provisions of this Part shall be disposed of in accordance with the following provisions:

(1)  All assessments, fees, penalties, and all other funds received under the provisions of this Part, subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, shall be deposited immediately upon receipt into the state treasury and shall be credited to the Bond Security and Redemption Fund.

(2)  Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state, which become due and payable within any fiscal year, the treasurer, prior to placing the remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury under the provisions of this Part into a special fund which is hereby created in the state treasury and designated as the Sweet Potato Pests and Diseases Fund.

(3)  All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund.  The treasurer shall invest the monies in the fund in the same manner as monies in the state general fund.  All interest earned on monies from the fund invested by the state treasurer shall be deposited in the fund.

(4)  Subject to appropriation, the monies in the fund shall be used for the following purposes:

(a)  To provide for the expenses of the program established by this Part, as determined by the commissioner of agriculture and forestry.

(b)  To fund any and all costs related to the carrying out of the powers and duties granted to the commissioner of agriculture and forestry under this Part to control sweet potato pests and diseases.

Amended by Acts 1988, No. 160, §1; Acts 2003, No. 134, §1, eff. July 1, 2003.