Could a trucking company pay to upgrade Louisiana's truck permit billing system?

Plain-English summary

A trucking company offered to pay for changes to Louisiana's new oversize and overweight truck permitting system so invoices could be sent digitally as well as on paper. The Department of Transportation and Development asked whether accepting that private funding was legal. The Attorney General said no law barred the state from accepting donated property, funds, or services in this situation.

The AG emphasized two conditions for the proposed upgrade: the donated software and equipment had to become DOTD's property unconditionally, and the new billing option had to be available to all permit applicants rather than only the company paying for it. He saw no contrary burden or unlawful duty in the request as described.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could DOTD accept a company-funded computer upgrade?
Yes. The AG said the state and its departments could accept donations and found no legal obstacle in the described arrangement.

Could the donating trucking company get exclusive digital invoices?
No. The opinion said the upgrade had to be available to all DOTD permit applicants, not just the donor.

Who would own the donated software and equipment?
The AG said the property had to become DOTD's unconditionally.

Background and statutory framework

DOTD had introduced a computerized system for issuing oversize and overweight truck permits by internet and automated fax. The donor's large monthly invoice motivated its offer to fund digital billing. The opinion treated the proposal as a donation to DOTD and stressed the absence of an exclusive benefit or imposed burden.

Citations and references

The opinion did not rely on a specific statute or reported case for its donation conclusion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0033

Original opinion text

February 18, 2000
OPINION NUMBER 00-33
Syllabus

90 - A - 1 PUBLIC FUNDS & CONTRACTS
Mr. Kam K. Movassaghi, Secretary
DOTD may accept offer of private company to upgrade
Department of Transportation & Development DOTD truck permitting computer system so that all permit
P.O. Box 94245
customers can receive their bills in digital format rather than
Baton Rouge, LA 70804-9245
hard copy.

Dear Mr. Movassaghi:

You have requested the opinion of this office on the following issue:

The Department of Transportation and Development (DOTD) has recently implemented a new computerized system for issuing permits for oversize and overweight trucks using Louisiana highways. The system allows requests for, and issuance of, permits via the internet and via an autmotated FAX server. One large trucking company whose monthly invoice for DOTD permits is approximately 150 pages, has offered to fund a modification to the computer system so that invoices may be issued in digital format as well as by hard copy. Is it legal for a private entity to pay for the modification of DOTD’s system to facilitate digital billing for any trucking company that desires invoicing in this format?

There is no legal prohibition on the state and its departments accepting donated property, funds or services. However, prudent management dictates that careful consideration should be given to the proposed donation to assure that the donation does not create a burden upon the state or impose a duty which may be contrary to law. We see no such requirements in your explanation of the proposed donation of upgraded computer software and equipment. It must be clearly understood that the donated property unconditionally becomes the property of DOTD and will be available to meet the needs of all permit applicants served by DOTD, not only the donating customer.

I trust that this answers your inquiry. Please let me know if we may be of any further assistance to you in this matter.

Sincerely,

RICHARD P. IEYOUB
Attorney General

By:_______
GLENN R. DUCOTE
Assistant Attorney General
RPI/GRD
OPINION NUMBER 00-33
Syllabus

Page 2

90 - A - 1 PUBLIC FUNDS & CONTRACTS

DOTD may accept offer of private company to upgrade DOTD truck permitting computer system so that all permit customers can receive their bills in digital format rather than hard copy.

Mr. Kam K. Movassaghi, Secretary
Department of Transportation & Development
P.O. Box 94245
Baton Rouge, LA 70804-9245

Date Received:

Date Released:February 18, 2000

Glenn R. Ducote
Assistant Attorney General