2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.16. Misuse of funds; withholding of distribution; notification of district attorney

RS 38:90.16 - Misuse of funds; withholding of distribution; notification of district attorney
A. If, on the basis of the report of the legislative auditor, or from its own investigation, the Legislative Audit Advisory Council determines that there has been a misuse by a recipient or governing authority of funds from the Statewide Flood Control Program, it shall then determine whether a partial or total withholding of the authority's appropriation for any remaining portion of the current fiscal year shall be necessary. Should the council determine that it is necessary to withhold all or any part of the authority's appropriation, the council shall send notification of its determination to each member of the legislature who represents any portion of the authority. If, thirty days after the members of the legislature are notified, the council determines that the misuse has not yet ceased, the council shall, by written resolution, instruct the state treasurer to immediately suspend distributions to the authority of funds appropriated for the Statewide Flood Control Program. The suspension of funds shall remain in effect until the Legislative Audit Advisory Council verifies, in writing, to the state treasurer that the offending authority is again in compliance with this Chapter. Such written verification shall be given when the legislative auditor certifies to the council that, to the best of his knowledge, the authority is in compliance with this Chapter or, in the absence of said certification, when the council determines that the authority is in compliance with this Chapter. Upon receipt of the council's written verification, the state treasurer shall reinstate the distribution of funds and distribute all funds previously withheld to the affected recipient authority. The council shall report any action it has taken with regard to the suspension of funds to the legislature at the next regular session, along with any recommendations it may have for forfeiture of suspended funds by those authorities which are still in noncompliance with this Chapter. Forfeiture of funds can be authorized only by the legislature.
B. In any case where there has been a determination made by the council that there has been a misuse by a recipient authority of funds appropriated for the Statewide Flood Control Program, the council shall furnish a copy of the written resolution directing the state treasurer to withhold funds to the district attorney of the parish or parishes where the misuse of funds occurred. The district attorney shall, within thirty days, advise the chairman of the council as to action he has taken or proposes to take in connection with the misuse of funds cited in the resolution. Where future action is proposed by the district attorney, the council shall set a date for receipt of further advice in the matter. Where such advice is not forthcoming from the district attorney, or where it is evident that suitable action has not been taken, the council shall report the matter to the legislature at its next regular session for whatever action the legislature deems advisable under the circumstances.
Added by Acts 1982, No. 351, §1.