SLS 19RS-166 ORIGINAL
2019 Regular Session
SENATE BILL NO. 207
BY SENATOR GATTI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides felony criminal penalties for violating any law governing
the expenditure of funds in the Transportation Trust Fund. (gov sig)
1 AN ACT
2 To enact R.S. 14:140.1, relative to official misconduct and corrupt practices; to create the
3 crime of misappropriation of transportation funds; to provide felony criminal
4 penalties for knowingly expending funds from the Transportation Trust Fund in
5 violation of the state constitution or other law; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:140.1 is hereby enacted to read as follows:
8 ยง140.1. Misappropriation of transportation funds
9 A. It shall be unlawful for any person, including a public officer or
10 employee, or a contractor, subcontractor, or agent or employee thereof, to
11 knowingly expend funds appropriated from the Transportation Trust Fund in
12 any manner contrary to the provisions of the state constitution or other law
13 governing the expenditure of such funds, or contrary to any definitions or
14 restrictions contained therein. A violation of this Section shall constitute
15 misappropriation of transportation funds.
16 B.(1) A person convicted under the provisions of this Section shall be
17 subject to the following penalties:
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1 (a) When the misappropriation amounts to a value of less than one
2 thousand dollars, the offender shall be imprisoned, with or without hard labor,
3 for not more than six months, or fined not more than one thousand dollars, or
4 both.
5 (b) When the misappropriation amounts to a value of one thousand
6 dollars or more, but less than five thousand dollars, the offender shall be
7 imprisoned, with or without hard labor, for not more than five years, or fined
8 not more than three thousand dollars, or both.
9 (c) When the misappropriation amounts to a value of five thousand
10 dollars or more but less than twenty-five thousand dollars, the offender shall be
11 imprisoned, with or without hard labor, for not more than ten years, or fined
12 not more than ten thousand dollars, or both.
13 (d) When the misappropriation amounts to a value of twenty-five
14 thousand dollars or more, the offender shall be imprisoned at hard labor for not
15 more than twenty years, or fined not more than fifty thousand dollars, or both.
16 (2) In determining the amount of the misappropriation for purposes of
17 Paragraph (1) of this Subsection, the court shall include the cost of repairing
18 any work requiring repair that was performed by the person who has
19 misappropriated transportation funds, and the cost of completing work for
20 which the person was paid but the person did not complete.
21 (3) In addition to the penalties provided for in Paragraph (1) of this
22 Subsection, the person shall be ordered to pay restitution to the state for any
23 funds expended in violation of this Section, which restitution shall include the
24 payment of legal interest at the rate provided in R.S. 13:4202.
25 C. The district attorney shall notify the state treasurer in writing of any
26 prosecution under this Section within thirty days of the institution of the
27 prosecution.
28 D. The remedies and rights provided under this Section are in addition
29 to and shall not preclude any remedy otherwise available under law, including
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1 but not limited to the provisions of R.S. 51:1401 et seq.
2 E.(1) Nothing contained in this Section shall be construed to prevent the
3 state, through the attorney general, from asserting a cause of action to recover
4 damages or penalties, or assess or collect a penalty, resulting from a violation
5 of this Section.
6 (2) Any person who is found liable under a civil action brought by the
7 attorney general resulting from a violation of this Section shall be liable to the
8 attorney general for all costs, expenses, and fees related to investigations and
9 proceedings associated with the violation, including attorney fees. An action to
10 recover costs, expenses, fees, and attorney fees shall be ancillary to, and shall be
11 brought and heard in the same court as, the civil action resulting from a
12 violation of this Section.
13 Section 2. This Act shall become effective upon signature by the governor or, if not
14 signed by the governor, upon expiration of the time for bills to become law without signature
15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16 vetoed by the governor and subsequently approved by the legislature, this Act shall become
17 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 207 Original 2019 Regular Session Gatti
Proposed law provides that it is unlawful for any person, including a public officer or
employee, or a contractor, subcontractor, or agent or employee thereof, to knowingly expend
funds appropriated from the Transportation Trust Fund in any manner contrary to the
provisions of present constitution or present law governing the expenditure of such funds,
or contrary to any definitions or restrictions contained therein.
Proposed law provides that a person convicted of misappropriation of transportation funds
is subject to the following penalties:
(1)When the misappropriation amounts to a value of less than $1,000, the offender is
to be imprisoned, with or without hard labor, for up to six months, or fined up to
$1,000, or both.
(2) When the misappropriation amounts to a value of $1,000 or more, but less than
$5,000, the offender is to be imprisoned, with or without hard labor, for up to five
years, or fined up to $3,000, or both.
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(3)When the misappropriation amounts to a value of $5,000 or more, but less than
$25,000, the offender is to be imprisoned, with or without hard labor, for up to 10
years, or fined up to $10,000, or both.
(4)When the misappropriation amounts to a value of $25,000 or more, the offender is
to be imprisoned at hard labor for up to 20 years, or fined up to $50,000, or both.
Proposed law provides that, in determining the amount of the misappropriation for purposes
of proposed law penalties, the court is to include the cost of repairing any work requiring
repair that was performed by the person who has misappropriated transportation funds and
the cost of completing work for which the person was paid but the person did not complete.
Proposed law provides that in addition to proposed law penalties of imprisonment and fines,
the person is to be ordered to pay restitution to the state for any funds expended in violation
of proposed law, and such restitution is to include the payment of legal interest at the rate
provided in present law relative to rates of judicial interest.
Proposed law provides that the district attorney is to notify the state treasurer in writing of
any prosecution under proposed law within 30 days of the institution of the prosecution.
Proposed law provides that the remedies and rights provided under proposed law are in
addition to and do not preclude any remedy otherwise available under present law.
Proposed law provides that nothing in proposed law can be construed to prevent the state,
through the attorney general, from asserting a cause of action to recover damages or
penalties, or assess or collect a penalty, resulting from a violation of proposed law. Proposed
law further provides that any person who is found liable under a civil action brought by the
attorney general resulting from a violation of proposed law is liable to the attorney general
for all costs, expenses and fees related to investigations and proceedings associated with the
violation, including attorney fees. Proposed law further provides that an action to recover
costs, expenses, fees, and attorney fees must be ancillary to, and be brought and heard in the
same court as, the civil action resulting from a violation of proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:140.1)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.