2006 Louisiana Laws - RS 45:169.1 — Motor carrier regulation fund

§169.1.  Motor Carrier Regulation Fund

A.(1)  All funds recovered by the transportation division of the Public Service Commission, by the collection of interstate and intrastate application, registration, and permit fees, and fines collected from penalties, shall be placed into the state treasury and shall be credited to the Bond Security and Redemption Fund.

(2)  After a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which becomes due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into a special fund, which is hereby created in the state treasury and designated as the "Motor Carrier Regulation Fund", an amount equal to twenty percent of the total sums recovered as provided in R.S. 45:163.1, 168, and 169.

(3)  The Motor Carrier Regulation Fund, hereinafter referred to as the "carrier fund", shall additionally consist of all funds received by donation, grant, gift, or otherwise from any source and sums appropriated specifically to it by the legislature for increased regulatory enforcement of motor carriers.

B.  The treasurer shall maintain a balance not to exceed twenty percent of the revenues of the transportation division of the Public Service Commission, excluding allocations made to the carrier fund by the state or federal government for the specific purpose of regulatory enforcement of the motor carrier industry.  Whenever the treasurer receives monies for deposit, excluding state and federal appropriations made to the carrier fund, which would cause the balance of the carrier fund to exceed twenty percent of total transportation division revenues, the treasurer shall deposit all such monies into the state general fund.

C.  The director of the transportation division of the Public Service Commission shall administer the carrier fund and shall make disbursements from the fund for all necessary and appropriate expenditures.

D.(1)  The monies in the carrier fund shall be used to defray the cost of regulation of the intrastate and interstate motor carrier industry, specifically by the transportation division of the Public Service Commission.

(2)  Monies in the carrier fund shall be available to increase manpower and physical support for regulation of the motor carrier industry.

(3)  Monies in the carrier fund shall be invested by the state treasurer as are monies in the state general fund.  All interest earned on money invested by the state treasurer since the creation of the fund will be deposited in the state general fund.

E.  In any cases where monies from the carrier fund are expended in the prosecution of any violation of this Chapter, the attorney general shall institute a civil action to recover from the responsible person all such monies expended from the carrier fund.  Any monies so recovered shall be paid into the carrier fund as provided by this Section.

Acts 1956, No. 120, §1.  Acts 1984, No. 819, §1; Acts 1992, No. 871, §1, eff. July 1, 1993.