HLS 10RS-114 ENGROSSED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 168
BY REPRESENTATIVES HENRY BURNS, BILLIOT, CHANDLER, EDWARDS,
RICHARD, RICHMOND, AND SMILEY
PUBLIC WORKS: Authorizes DOTD to take action to prevent blockage of drainage
AN ACT1
To amend and reenact R.S. 38:214 and 218 and to enact R.S. 48:223(G), relative to drainage2
obstruction; to provide for the issuance of citations; to provide for enforcement of3
penalties; to provide for collection of fines; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:214 and 218 are hereby amended and reenacted to read as6
follows:7
§214. Interference with drainage prohibited 8
A. No person shall dump or discharge or permit to be dumped or discharged9
into any waters or drains of the state any trees or other objects, substances, or10
materials which might interfere with the drainage. 11
B. Whoever violates Upon the request of the Department of Transportation12
and Development, the state police shall issue a citation to any person who is in13
violation of this Section. Every person convicted of a violation of this Section shall14
be fined not less than twenty-five dollars nor more than three hundred dollars. 15
C. Each fine imposed pursuant to the provisions of this Section shall be16
collected by the court and forwarded to the state treasurer for deposit in the state17
treasury.18
* * *19 HLS 10RS-114 ENGROSSED
HB NO. 168
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§218. Diversion of natural drain prohibited 1
A. No person diverting or impeding the course of water from a natural drain2
shall fail to return the water to its natural course before it leaves his estate without3
any undue retardation of the flow of water outside of his enclosure thereby injuring4
an adjacent estate. 5
B. Whoever violates Upon request of the Department of Transportation and6
Development, the state police shall issue a citation to any person who is in violation7
of this Section. Every person who is convicted of a violation of this Section shall be8
fined not less than twenty-five dollars nor more than one hundred dollars or9
imprisoned for not less than ten days nor more than thirty days, or both.10
C. Every fine imposed pursuant to the provisions of this Section shall be11
collected by the court and forwarded to the state treasurer for deposit in the state12
treasury.13
Section 2. R.S. 48:223(G) is hereby enacted to read as follows: 14
§223. Drainage for highways15
* * *16
G. Upon request of the department, the state police shall issue a citation to17
any person who is in violation of this Section. Every person who is convicted of a18
violation of this Section shall be fined not less than twenty-five dollars nor more than19
one hundred dollars or imprisoned for not less than ten days nor more than thirty20
days, or both.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry Burns HB No. 168
Abstract: Provides for the enforcement of penalties relative to drainage obstruction.
Further provides for the issuance of a citation and collection of fees.
Present law prohibits a person from dumping or discharging or permitting anything to be
dumped or discharged into any waters or drains of the state, trees or other objects,
substances, or materials which might interfere with the drainage. HLS 10RS-114 ENGROSSED
HB NO. 168
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law but adds that the prohibition shall apply whether on,
beyond, or adjacent to the rights-of-way of the Dept. of Transportation and Development.
Proposed law removes the additional prohibition relating to dumping, discharging, or
permitting objects, substances, or materials in rights-of-way of the Dept. of Transportation
and Development.
Present law requires that whoever violates present law shall be fined not less than $25
dollars nor more than $300.
Proposed law authorizes DOTD to request the state police to issue citations for anyone in
violation of present law.
Proposed law provides that each fine that is imposed and collected by the court shall be
forwarded to the state treasurer for deposit in the state treasury.
Proposed law requires that whoever violates proposed law for drainage on highways shall
be fined not less than $25 nor more than $100 or imprisoned for not less than 10 days nor
more than 30 days, or both.
(Amends R.S. 38:214 and 218; Adds R.S. 48:223(G))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Removed the additional prohibition relating to dumping, discharging, or
permitting objects, substances, or materials in rights-of-way of the Dept. of
Transportation and Development.