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.
(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)