La. Admin. Code tit. 55 § I-2117

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-2117 - Collection and Distribution of Fees, Fines, or Civil Penalties: Underground Damages Prevention Fund

A. All civil penalties shall be paid to the state treasury for credit to the underground damage prevention fund, and shall be disbursed as follows:

1. 34 percent shall be retained by the underground damages prevention fund;

2. upon request for disbursement by the agency, within one year of the civil penalty being deposited into the underground damages prevention fund, funds shall be disbursed as follows:

a. 50 percent shall be disbursed to the local law enforcement agency that issued the citation if the citation was adjudicated by the local governmental subdivision; or

b. 50 percent shall be disbursed to the state law enforcement agency that issued the citation if the citation was adjudicated by the state; or

c. 25 percent shall be disbursed to the local law enforcement agency that issued the citation and 25 percent retained in the fund if such citation was adjudicated by the state;

3. if the local governing authority:

a. is a member of or participates in a regional notification center; upon request for disbursement by the local governing authority within one year of the civil penalty deposited into the underground damages prevention fund, 16 percent shall be disbursed to the local governing authority of the area in which the violation occurred to be used solely for purposes of compliance with Louisiana Underground Utilities/Facilities Damage Prevention Law;

b. is not a member of nor participates in a regional notification center, but establishes and operates a violations bureau pursuant to R.S. 1749.23(D), then upon request for disbursement by the local governing authority within one year of the civil penalty deposited into the underground damage prevention fund, 16 percent shall be disbursed to the local governing authority for each violation adjudicated by the violations bureau of that local governing authority;

c. otherwise, the amount shall be retained in the underground damages prevention fund and distributed per §2117. A.1 of this Part.

B. All funds received by the Department of Public Safety and Corrections under the provisions of this Part shall be retained in the Underground Damages Prevention Fund.

C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required by Subsection B of this Section shall be credited to a special fund hereby created in the state treasury to be known as Underground Damages Prevention Fund. After disbursements as authorized in this Section, the monies in this fund shall be used solely as provided by Subsection D of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain in such fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of these monies shall be credited to this fund, following compliance with the requirement of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.

D. The monies in the Underground Damages Prevention Fund shall be used by the Department of Public Safety and Corrections solely for enforcement of the provisions of the Louisiana Underground Utilities/Facilities Damage Prevention Law, and may include expenditure for information and programs designed to enhance awareness of duties and responsibilities of persons under the provisions of this statute.

La. Admin. Code tit. 55, § I-2117

Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 26:94 (January 2000), amended LR 40:1112 (June 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1749.11 et seq.