Could St. Landry Parish use surplus solid waste funds to buy a dump truck for road work?

Plain-English summary

St. Landry Parish asked whether it could buy a tandem dump truck with surplus funds from the local solid waste commission. The Attorney General said Section 4(g) of Act 1249 of the 1999 legislative session allowed the commission to arrange with the parish to use specified surplus disposal fees for improving or resurfacing parish roads and municipal streets, with related drainage work.

The AG read that purpose broadly enough to cover a truck used to haul aggregate and other road materials. His approval concerned the described truck and the particular surplus funds authorized by the Act.

Currency note

This opinion was issued in 2001. 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 the parish buy a tandem dump truck with these funds?
Yes. The AG said a truck used to distribute road materials served the Act's road-improvement purpose.

Where did the surplus funds come from?
The opinion described fees collected for disposing of solid waste generated outside the district's boundaries.

Did the opinion authorize any purchase from the fund?
No. It addressed a truck to haul aggregate and other road materials, applying the Act's specified road and incidental drainage purposes.

Background and statutory framework

Section 4(g) of Act 1249 authorized intergovernmental agreements for certain surplus solid waste fees. The AG applied its language on road resurfacing and drainage improvements to the police jury's proposed purchase.

Citations and references

• Act 1249 of the 1999 Legislative Session, Section 4(g)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0034

Original opinion text

March 2, 2001

OPINION NO. 01-34

90 POLICE JURIES - POWERS &
Ms. Kathy Moreau
FUNCTIONS
Secretary
Act 1249 of 1999 Legislative Session
St. Landry Parish Police Jury
St. Landry Parish Police Jury may use surplus
Post Office Box 551
funds, as set forth in Act 1249 of 1999 Legislative
Opelousas, Louisiana 70570-0551 Session, specifically Section 4(g), to purchase a truck which is to be used for the distribution of road materials.
Dear Ms. Moreau:

We received your request on behalf of the St. Landry Parish Police Jury concerning its authority to purchase a tandem dump truck with surplus funds as provided for in Act 1249 of the 1999 Legislative Session. This act pertains to the St. Landry Solid Waste Disposal Commission. Section 4 (g) of Act 1249 authorizes the Commission to enter into intergovernmental agreements with the governing authority of St. Landry Parish for the use of surplus funds derived from fees collected from persons or political subdivisions for the disposal of solid waste generated outside of the boundaries of the district for the purposes of improving or resurfacing parish roads and municipal streets and drainage improvements incidental thereto.

The police jury would like to purchase a tandem dump truck to be used for the distribution of road and drainage materials. The question can be summarized as follows: “Is a truck something that can be used for the purpose of improving or resurfacing parish roads and municipal streets?” The language in the act is very broad and therefore, it is our opinion that the purchase of such a truck, which is to be used to haul aggregate and other road materials, is something that serves the purpose of improving or resurfacing parish roads and municipal streets. Accordingly, it is our opinion that the St. Landry Parish Police Jury may use surplus funds, as set forth in Act 1249 of 1999 Legislative Session, specifically Section 4(g), to purchase a truck which is to be used for the distribution of road materials.

If you have any questions or need additional information, please do not hesitate to contact our office.

Page 2

Ms. Kathy Moreau
Opinion No. 01-34
Page 2

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI:TVG:crt

Page 3

OPINION NUMBER 01-34

SYLLABUS

90 POLICE JURIES - POWERS & FUNCTIONS
Act 1249 of 1999 Legislative Session

St. Landry Parish Police Jury may use surplus funds, as set forth in Act 1249 of 1999 Legislative Session, specifically Section 4(g), to purchase a truck which is to be used for the distribution of road materials.

Ms. Kathy Moreau
Secretary
St. Landry Parish Police Jury
Post Office Box 551
Opelousas, Louisiana 70570-0551

DATE RECEIVED: January 24, 2001

DATE RELEASED: March 2, 2001

AUTHOR: TINA VICARI GRANT
Assistant Attorney General