§ 34:3483 — Misuse of funds; withholding of distribution; notification of district attorney

§3483. Misuse of funds; withholding of distribution; notification of district attorney
A.(1) If, on the basis of the report of the legislative auditor, or from its own
investigation, the Legislative Audit Advisory Council, hereinafter referred to as the
"council", determines that there has been a misuse by a recipient governmental entity of
funds from the program, it shall then determine whether a partial or total withholding of the
governmental entity'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 governmental entity's appropriation, the council shall send notification of its
determination to the co-chairmen of the joint committee and to each member of the
legislature who represents any portion of the governmental entity.
(2) If, thirty days after the co-chairmen and 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
governmental entity of funds appropriated for the 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 entity 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 entity is in compliance with this Chapter or, in the absence of said
certification, when the council determines that the entity 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
governmental entity.
(3) The council shall report any action it has taken with regard to the suspension of
funds to the joint committee and to the legislature at the next regular session, along with any
recommendations it may have for forfeiture of suspended funds by those entities that 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 governmental entity of funds appropriated for the 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 joint committee and to the legislature at its next regular session
for whatever action the joint committee and the legislature deems advisable under the
circumstances.

Legislative History

Acts 2017, No. 382, §1, eff. July 1, 2017.