Louisiana 2010 2010 Regular Session

Louisiana House Bill HB168 Chaptered / Bill

                    ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 233
Regular Session, 2010
HOUSE BILL NO. 168
BY REPRESENTATIVES HENRY BURNS, BILLIOT, CHANDLER, EDWARDS,
LEGER, RICHARD, RICHMOND, AND SMILEY
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
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§218.  Diversion of natural drain prohibited 20
A. No person diverting or impeding the course of water from a natural drain21
shall fail to return the water to its natural course before it leaves his estate without22 ENROLLEDHB NO. 168
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are additions.
any undue retardation of the flow of water outside of his enclosure thereby injuring1
an adjacent estate. 2
B. Whoever violates Upon request of the Department of Transportation and3
Development, the state police shall issue a citation to any person who is in violation4
of this Section. Every person who is convicted of a violation of this Section shall be5
fined not less than twenty-five dollars nor more than one hundred dollars or6
imprisoned for not less than ten days nor more than thirty days, or both.7
C. Every fine imposed pursuant to the provisions of this Section shall be8
collected by the court and forwarded to the state treasurer for deposit in the state9
treasury.10
Section 2. R.S. 48:223(G) is hereby enacted to read as follows: 11
§223.  Drainage for highways12
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G. Upon request of the department, the state police shall issue a citation to14
any person who is in violation of this Section. Every person who is convicted of a15
violation of this Section shall be fined not less than twenty-five dollars nor more than16
one hundred dollars or imprisoned not more than thirty days, or both.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: