RDCSB220 1814 4659
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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)]
Murray SB No. 220
Present law provides that an agency head of an auditee who has actual knowledge of any
misappropriation of the public funds or assets of his agency shall immediately notify, in
writing, the legislative auditor and the district attorney of the parish in which the agency is
domiciled of such misappropriation.
Proposed law retains present law and additionally provides that an agency head who has
reasonable cause to believe that there has been a misappropriation shall provide such
notification. Provides that "reasonable cause" includes information obtained as a result of
the filing of a police report, an internal audit finding, or other source indicating such a
misappropriation has occurred.
Proposed law provides that when misappropriation is discovered and reported, the attorney
general, at the request of the legislative auditor, shall be authorized to recover
misappropriated funds from the responsible party by civil suit. Provides that upon a finding
of misappropriation, the attorney general shall also seek restitution from the responsible
party of those costs incurred by the legislative auditor to audit, investigate, or report an
allegation of misappropriation. Additionally provides that all costs and reasonable attorney
fees incurred by the attorney general in the civil suit shall be recoverable from the
responsible party.
Proposed law defines "responsible party" as the person or entity actually responsible for the
reported misappropriation.
(Amends R.S. 24:523)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Provides that all costs and reasonable attorney fees incurred by the attorney
general in the civil suit shall be recoverable from the responsible party.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the reengrossed bill.
1. Removes provisions of proposed law requiring an agency head to provide notice
of a misappropriation if he reasonably suspects a misappropriation has occurred
because of an action including an investigation, the filing of a police report, or
an internal audit finding and provides instead that an agency head must provide
notice if he has reasonable cause to believe that there has been a
misappropriation; provides that "reasonable cause" includes information obtained
as a result of the filing of a police report, an internal audit finding, or other
source indicating a misappropriation has occurred.
3. Makes technical changes.