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rs-title-48•Title 48 — Roads, Bridges and Ferries
For purposes of this Chapter, the following terms have the meanings ascribed to them by this Section, except where the context clearly indicates otherwise:
(1) "Bicycle facility" means any physical facility provided for the exclusive or semi-exclusive use of bicycles. This includes but is not limited to unmarked shared roadways, marked shared roadways, bicycle lanes, shared use trails, and end of trip facilities.
(2) "Chief engineer" means the chief engineer of the Department of Transportation and Development.
(3) "Construction" means the act, operation, and process of building or fabricating a new facility of the Department of Transportation and Development or any part thereof or of bettering an existing facility.
(4) "Cost accounting" is the method of keeping a joint or related record of the quantity of labor, materials, and other factors, as well as the cost, so that a comparative analysis may be undertaken.
(5) "Department" means the Department of Transportation and Development.
(6) "Extraordinary repairs" means repairs of major character, made necessary by deferred maintenance, unusual action of the elements, or accidents.
(7) "Flight strip" means an elongated area prepared and destined for the landing and take-off of aircraft.
(8) "Freeway" means a highway to which property abutting thereon has no right of access and over which it has no right of light, air, or view.
(9) "Grade separation" means a device which separates two or more intersecting highways or an intersecting highway and railroad so that traffic on each moves on a different level from traffic on the others and passes either over or under traffic on the others.
(10) "Highway" means a public way for vehicular, mounted, and pedestrian traffic, including the entire area dedicated thereto and the bridges, culverts, structures, appurtenances, and features necessary to or associated with its purposes.
(11) "Highway purpose" is any purpose approved by the Legislature of Louisiana to be accomplished by the Department of Transportation and Development upon highways and streets, including relocation of public utility and railroad facilities, and including the purpose of compliance with federal laws, rules, and regulations.
(12) "Limited-access facility" is a highway or street especially designed for through traffic, over, from, or to which owners or occupants of abutting land or other persons have no right or servitude or only a limited right or servitude of access, light, air, or view by reason of the fact that their property abuts thereupon or for any other reason. These highways or streets may be parkways, from which trucks, busses, and other commercial vehicles shall be excluded; or they may be freeways open to use by all customary forms and street and highway traffic.
(13) "Maintenance" is the operation, activity, and continuing process of repairing and preserving an existing highway or any part thereof to keep it at or near its original level or standard of usefulness.
(14) "Project" means a definite undertaking described and established for convenience of administration.
(15) "Public utility" means any business or organization that regularly supplies the public with a commodity or service including electricity, gas, water, telephone, telegraph, radio, television, cable television, drainage, sewerage, and other like services.
(16) "Right of way" means the area dedicated for use as a highway.
(17) "Roadside ditch" means any ditch constructed or maintained by the highway agency having jurisdiction over the highway, contiguous to the shoulder thereof, for the purpose of draining the highway.
(18) "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular traffic, exclusive of the berm or shoulder.
(19) Repealed by Acts 2011, No. 175, §1, eff. June 24, 2011.
(20) "Secretary" means the secretary of the Department of Transportation and Development.
(21) "Shoulder" means the portion of the highway contiguous with the roadway for accommodation for stopped vehicles, for emergency use and for lateral support of base and surface.
(22) "Sight distance" is the distance at which two objects, approaching from opposite directions on a horizontal or vertical curve, first become visible to each other.
(23) "Standby equipment" is equipment used to rotate with service equipment to permit continuance of operations while service equipment is undergoing repairs.
(24) "Women owned business" means a business that is at least fifty-one percent owned by a woman or women, and they shall also control and operate it. "Control" in this context means exercising the power to make policy decisions. "Operate" in this context means being actively involved in the day-to-day management. In determining whether a business is fifty-one percent owned by a woman or women, the percent ownership of the woman or women shall not be diminished because she is part of a community property regime.
Added by Acts 1976, No. 630. Amended by Acts 1977, No. 291, §1; Acts 1987, No. 642, §1; Acts 1987, No. 933, §1; Acts 2006, No. 11, §5; Acts 2010, No. 618, §3; Acts 2011, No. 175, §1, eff. June 24, 2011.
The Department of Transportation and Development is created and is composed of the secretary, undersecretary, deputy secretary and assistant secretaries and such other offices and officers and divisions as may be established under the provisions of R.S. 36:1 through R.S. 36:960.
Amended by Acts 1975, No. 151, §1; Acts 1977, No. 291, §1.
The domicile of the department is in the city of Baton Rouge, parish of East Baton Rouge. Service of citation and other process directed to the department shall be made by handing the citation or other process to the secretary or to the undersecretary.
Amended by Acts 1977, No. 291, §1.
The Department of Transportation and Development is hereby declared to be a body politic and corporate by that title. The department shall function under the control, management, supervision and direction of the secretary in the manner and to the extent provided by Title 36 of the Louisiana Revised Statutes of 1950.
Acts 1954, No. 5, §1. Amended by Acts 1977, No. 291, §1.
A. The functions of the department shall be to study, administer, construct, improve, maintain, repair, and regulate the use of public transportation systems and to perform such other functions with regard to public highways, roads, and other transportation related facilities as may be conferred on the department by applicable law.
B. The department may construct and maintain within the right-of-way of any state highway or section thereof bicycle facilities appropriate to the context of the roadway. If such facilities are not included in new construction projects, the department shall document the reasons for the exclusion.
C. The department may construct, maintain, and improve roads, whether hard-surfaced or otherwise, for state offices and other surrounding facilities of these agencies. Such work shall be at the direction of, and in cooperation with, the Department of Transportation and Development and shall be funded from monies specifically designated for that purpose. However, when work is requested by any state agency to be performed by the Department of Transportation and Development the following conditions shall apply:
(1) The state agency shall provide monies for the construction, maintenance, improvement, and repairing of roads surrounding state offices and other facilities when such work is performed.
(2) Any work performed by the Department of Transportation and Development shall not interfere with any construction work performed for Highway Priority Program projects.
Amended by Acts 1974, No. 577, §1; Acts 1977, No. 291, §1; Acts 1986, No. 115, §1; Acts 1999, No. 362, §1, eff. June 16, 1999; Acts 2010, No. 618, §3; Acts 2010, No. 851, §1.
The department has all of the rights, powers, and immunities incident to corporations. It may acquire, own, administer, alienate, and otherwise dispose of all kinds of property, movable and immovable, tangible and intangible; contract; adopt, alter, or destroy an official seal; sue and be sued, implead, and be impleaded.
A. The legislature finds that development of a comprehensive, integrated, connected transportation network for Louisiana which balances the access, mobility, health, and safety needs of motorists, transit users, bicyclists, and pedestrians of all ages and abilities, including the users of wheelchairs and mobility aids, is integral to the public health, welfare, and quality of life of Louisiana's citizens and visitors. Further, the legislature finds that the development of such a fully integrated transportation system, by planning, designing, funding, constructing, managing, and maintaining a complete and multimodal network, will achieve and sustain mobility and safely accommodate pedestrians, bicyclists, and transit users.
B. The legislature directs the department to adopt and maintain a Complete Streets Policy to facilitate the purposes set forth in Subsection A of this Section. In the development of such policy, the department shall make reasonable efforts to engage interested stakeholders through an advisory group to be known as the Complete Streets Advisory Council. The department shall establish goals to be incorporated into practical projects within the highway priority program and shall track the progress by department district. The department shall submit a written progress report annually in conjunction with the department's submission of the Highway Priority Program to the House and Senate committees on transportation, highways, and public works and to the Complete Streets Advisory Council.
C. The Complete Streets Advisory Council shall consist of a representative appointed by each of the following organizations and may include such other persons or representatives of organizations selected by the council:
(1) The Department of Transportation and Development.
(2) AARP Louisiana.
(3) The Center for Planning Excellence.
(4) The Federal Highway Administration.
(5) Any research center based at a university in Louisiana that is interested in the Complete Streets Policy.
(6) A member appointed by a majority of the metropolitan planning organizations.
(7) Other interested Complete Streets advocacy groups.
D. The department shall adopt performance measures to evaluate the effectiveness of the Complete Streets Policy. These performance measures shall include both process- and outcome-oriented indicators as determined by the department in conjunction with the Complete Streets Advisory Council.
Acts 2014, No. 470, §1, eff. June 4, 2014.
In order to properly discharge its functions, the department may employ engineering, drafting, accounting, legal, and other help and labor, to the fullest extent permitted by applicable law.
Acts 1991, No. 540, §1; Acts 2014, No. 811, §26, eff. June 23, 2014; Acts 2025, No. 380, §1.
Repealed by Acts 1983, No. 59, §2. See now R.S. 48:111.1.
The department may, by itself or in conjunction with the United States or with other states or any agency thereof, construct bridges over navigable waters in this state.
The department may take over, control, operate, and regulate such ferries, barges, or other means of transportation as it thinks necessary to the public. It may prescribe and collect such ferry charges or transfer charges as it thinks necessary to maintain these services. To that end, it may let franchises or enter into contracts for these services in the name of the state, alone or jointly with the parishes or municipalities of the state, or with other states, or with the political subdivisions of other states.
A. The department shall take over, own, provide insurance, and contribute from its operating budget not more than four million dollars annually for the continued operation of the Chalmette ferry formerly operated by its Crescent City Connection Division crossing the Mississippi River.
B. The department may enter into a cooperative endeavor agreement for ferry service with a political subdivision of the state to provide for the continued operation of the Chalmette ferry. The cooperative endeavor agreement may include the use of maritime assets and associated maritime properties formerly operated by its Crescent City Connection Division to be managed and operated as a ferry system. The political subdivision shall establish ferry fares and may contract with a public or private ferry service contractor.
C. The political subdivision and its ferry service contractor shall use best practices to operate and manage ferry service and to establish and collect ferry fares. All ferry fares collected shall be used solely to operate and maintain ferry service.
Acts 2012, No. 866, §2, eff. Jan. 1, 2013; Acts 2013, No. 273, §2, eff. July 1, 2013.
A. There is hereby created, as a special fund in the state treasury, the New Orleans Ferry Fund, hereinafter referred to as the "fund". Notwithstanding any provision of law to the contrary, beginning July 1, 2019, and each fiscal year thereafter, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, and after making the allocation for state highway fund No. 2 for the Greater New Orleans Expressway Commission, the treasurer shall deposit into the fund, an amount equal to the total of all of the funds derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parish of Orleans.
B. The monies in the fund shall be subject to an annual appropriation by the legislature and shall be used only as provided in Subsection C of this Section. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned shall be deposited and credited to the fund. All unexpended or unencumbered monies remaining in the fund at the end of the fiscal year shall remain to the credit of the fund.
C. Monies appropriated from the fund shall be used exclusively by the Department of Transportation and Development to fund operations of the Chalmette ferry and to provide ferry service formerly operated by its Crescent City Connection Division. These monies shall be in addition to monies the department shall contribute from its operating budget as provided by law.
Acts 2013, No. 273, §2, eff. July 1, 2013; Acts 2019, No. 163, §1, eff. July 1, 2019; Acts 2019, No. 362, §5, eff. June 11, 2019.
NOTE: Subsection D, which was not included in the enactment of this provision in Acts 2019, Nos. 163 and 362, provided for the termination of the New Orleans Ferry Fund as enacted by Acts 2013, No. 273, and is no longer effective.
Except as otherwise expressly provided by this Chapter, the department may perform every act necessary, convenient, or incidental to the exercise of its power and authority, the discharge of its duties, or the performance of its functions.
A. Short title. This Section shall be known and cited as the "Grant Anticipation Revenue Vehicle Act".
B. Legislative findings and determinations. (1) The Legislature of Louisiana hereby finds and determines that the rapid growth of the economy of this state has prompted new and ever-increasing uses of public highways, roads, and other transportation infrastructure, and it is critical to the well-being and quality of life of the citizens of this state that the state address, on an accelerated basis, the long-term transportation needs of this state. The Legislature of Louisiana further determines that current transportation funding mechanisms do not provide adequate revenues to keep pace with the increasing demands of the state's transportation system.
(2) By utilizing revenue anticipation bonds for the financing of state transportation projects that may be financed, in whole or in part, with federal transportation funds, a significant amount of up-front revenues can be generated for such transportation projects. This will enable the design and construction of transportation projects on an accelerated basis. Utilizing revenue anticipation bonds to finance federal-aid transportation projects and state transportation projects will result in significant cost savings to the state, since such transportation projects can be completed at present day costs and at an accelerated pace.
(3) The Legislature of Louisiana further finds and declares that the bonds authorized herein constitute revenue bonds as provided in Article VII, Section 6 of the Constitution and the payment of the bonds with the amounts authorized herein is permitted under Article VII, Section 27 of the Constitution as part of the department's program for state highway construction.
(4) It is hereby determined that the issuance of the bonds and the program as herein authorized are in all respects public and governmental purposes for the improvement of the health, safety, welfare, comfort, and security of the people of the state, and that said purposes are public purposes and that the State Bond Commission on behalf of the state of Louisiana will be performing an essential governmental function and meeting a public obligation in the exercise of the powers conferred upon it by this Section.
C. Definitions. Whenever used in this Section, unless a different meaning clearly appears in the context, the following terms shall mean the following:
(1) "Bonds" means bonds, notes, or other evidences of indebtedness.
(2) "Constitution" means the Louisiana Constitution of 1974.
(3) "Department" means the Department of Transportation and Development.
(4) "Federal transportation funds" means funds paid or reimbursed to the department by the United States Department of Transportation including, without limitation, future Federal Highway Administration obligational authority or Federal Highway Administration reimbursement funds and any other monies payable under Title 23 of the United States Code, as amended.
(5) "Qualified federal-aid transportation project" means any project to be constructed, in whole or in part, with monies appropriated out of the Transportation Trust Fund, Article VII, Section 27 of the Constitution of Louisiana, including but not limited to a new bridge across the Mississippi River connecting Louisiana Highway 1 to Louisiana Highway 30.
(6) "State" means the state of Louisiana.
(7) "State Bond Commission" means the State Bond Commission of the state, acting on behalf of the state.
(8) "State matching funds" means fees, rates, rentals, taxes, tolls, charges, grants, or other receipts or income derived by or in connection with a transportation project or undertaking, other than federal transportation funds, that may be used by the department to pay the costs of any qualified federal-aid transportation projects or state transportation projects.
(9) "State transportation project" means any state transportation project other than the projects enumerated in Act No. 16 of the 1989 First Extraordinary Session of the Louisiana Legislature, including but not limited to a new bridge across the Mississippi River connecting Louisiana Highway 1 to Louisiana Highway 30.
D. Power to issue bonds; repayment; principal amount of bonds. (1)(a) The State Bond Commission, or its successor, on behalf of the state, is hereby authorized to issue bonds for the purpose of financing any qualified federal-aid transportation project or state transportation project, including but not limited to a new bridge across the Mississippi River connecting Louisiana Highway 1 to Louisiana Highway 30, secured by a pledge of and payable from any of the following:
(i) State matching funds, if any, that are appropriated on an annual basis for such purpose by the state.
(ii) Federal transportation funds maintained in a separate identifiable fund or account outside of the state treasury as provided in Subparagraph (2)(a) of this Subsection.
(iii) Any proceeds of such bonds and any earnings from the investment of such bond proceeds pledged for such purpose.
(iv) Other revenues, funds, or other security, if any, pledged or appropriated for such purpose under state law.
(b) Notwithstanding any provision of this Section to the contrary, revenue anticipation bonds shall not be issued or projects funded without the prior approval of the Joint Legislative Committee on the Budget.
(c) The bonds authorized herein are hereby declared to constitute revenue bonds as provided in Article VII, Section 6 of the Constitution of Louisiana.
(d) The proceeds of bonds, including any premium received on the sale thereof, shall be used to pay costs of any qualified federal-aid transportation project or state transportation project plus an amount for issuance costs, capitalized interest, reserve funds, and other financing expenses, including, without limitation, any original issue discount and the proceeds of bonds may be used together with any federal, local, or private funds which may be made available for such purpose.
(e) The aggregate amount of principal and interest on all bonds issued pursuant to Subsection D of this Section that are scheduled to be paid during any given fiscal year, determined as of the date of issuance of each series of bonds, shall not exceed ten percent of annual obligational authority to the department of federal transportation funds in accordance with the provisions of Title 23 of the United States Code.
(2)(a) The portion of the principal of and interest on the bonds and the costs associated with the issuance and administration of such bonds that may be paid from federal transportation funds pursuant to federal law and any agreement between the United States Department of Transportation and the department hereinafter referred to in this Paragraph as "the federal share of principal, interest, and costs", shall be paid from federal transportation funds. In accordance with the provisions of Article VII, Section 9(A)(6) of the Constitution, there is hereby established a special fund for the purpose of providing for the securitization of any bonds which may be issued pursuant to the provisions of this Section which shall include requirements for reserves and credit enhancement devices, all as may be provided in any resolution, trust agreement, indenture, or other instrument pursuant to which the bonds were issued. The fund shall be administered by a trustee as designated by the State Bond Commission. The source of monies in the fund shall be the federal transportation funds. Federal transportation funds, up to the amount necessary to pay principal and interest on the bonds, all costs of issuance, any requirement for reserves, or credit enhancement devices shall be set aside in a separate identifiable fund or account outside of the state treasury but maintained by the state treasury and the revenues shall be assigned and pledged to the trustee under the documents pursuant to which the bonds were issued for the benefit of the bondholders. After satisfaction of all requirements of this Section, federal transportation funds received by the state shall be available for any other purposes.
(b) If federal transportation funds are not sufficient to pay the federal share of principal, interest, and costs when due, the state may temporarily pay the federal share of principal, interest, and costs with state matching funds that the state has appropriated for this purpose in accordance herewith.
(c) Notwithstanding the foregoing provisions, any state matching funds paid under Subparagraph (b) of this Paragraph may, if required by the original state appropriation, be reimbursed for the amount of monies in the fund used in accordance with Subparagraph (a) of this Paragraph from federal transportation funds that the state determines are not needed in the future to pay the federal share of principal, interest, and costs.
E. Resolutions; trust agreement, publication; peremption. The State Bond Commission shall authorize the bonds by a resolution or resolutions adopted by the State Bond Commission. However, the State Bond Commission shall not authorize the issuance of bonds pursuant to this Section unless such bonds and the projects to be funded by them have been previously approved by the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works. The bonds issued pursuant to this Section may also be secured by a trust agreement by and between the State Bond Commission and one or more corporate trustees or fiscal agents which may be any trust company or bank having the powers of a trust company within or outside the state. The state treasurer may enter into a collection agreement with the trustee to provide for the collection of federal transportation funds. Such resolution or trust agreement may provide that the trustee bank shall hold the proceeds of the bond pending expenditure for projects as approved by the Joint Legislative Committee on the Budget. The State Bond Commission after authorizing the issuance of bonds by resolution shall publish once in the official journal of the state, as provided by law, a notice of intention to issue the bonds, which notice shall include a description of the bonds and the security therefor. Within thirty days after the publication, any person in interest may contest the legality of the resolution, any provision of the bonds to be issued pursuant to it, the provision securing the bonds, and the validity of all other provisions and proceedings relating to the authorization and issuance of the bonds. If no action or proceeding is instituted within the thirty days, no person may contest the validity of the bonds, the provisions of the resolution pursuant to which the bonds were issued, the security of the bonds, or the validity of any other provisions or proceedings relating to their authorization and issuance, and the bonds shall be presumed conclusively to be legal. Thereafter no court shall have authority to inquire into such matters.
F. Financial obligations subject to appropriation. Any bond issued in accordance with this Section shall constitute a contract between the state of Louisiana and the owner or holder thereof. In no event shall any decision by the state not to appropriate state matching funds in any given fiscal year for the payment of such bonds or any costs associated with the issuance and administration for such bonds be construed to constitute an action impairing such contract. Every contract entered into by the State Bond Commission pursuant to the provisions of this Section shall provide that all state matching fund obligations of the state under such contracts are subject to appropriation on an annual basis by the state and that such contracts do not constitute or create debt of the state, within the meaning of any constitutional or statutory provisions whatsoever, and neither the full faith or credit nor the taxing power of the state is pledged to the payment of the principal of, premium, if any, or the interest on the bonds. In addition, bonds issued by the State Bond Commission on behalf of the state pursuant to the provisions of this Section and every contract relating to the issuance of such bonds shall provide that all financial obligations of the state in regard to the portion of the principal of and interest on such bonds and the costs associated with the issuance and administration of such bonds that may be paid from federal transportation funds pursuant to federal law and any agreement between the United States Department of Transportation and the department are subject to continuing federal appropriations of federal transportation funds at a level equal to or greater than the amount needed to pay the federal share of principal, interest, and costs on the bonds.
G. Pledges. Any pledge made by the State Bond Commission pursuant to this Section shall be valid and binding from the time the pledge is made. The revenues, securities, and other monies so pledged and then held or thereafter received by the state or any fiduciary shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the State Bond Commission whether or not such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the official minutes of the State Bond Commission.
H.(1) Certain details of the bonds. Notwithstanding any provision of law to the contrary, the bonds shall be of such series, bear such date or dates, be serial or term bonds, mature at such time or times no later than thirty years from their date, bear interest at such fixed, variable, or adjustable rate or rates payable on such date or dates, be in such denomination, be in such form, carry such registration and exchangeability provisions, be payable in such medium of payment and at such place or places, be subject to such terms of redemption, and be entitled to such priorities on the amounts pledged to secure the bonds as the resolution or trust agreement authorizing or securing such bonds may provide. The bonds may be additionally secured by municipal bond insurance, bank guarantees, surety bonds, letters of credit, lines of credit, or other devices to enhance the credit quality of the bonds, or any combination thereof, as the State Bond Commission determines.
(2) Sale of bonds. Notwithstanding any provision of law to the contrary, the bonds shall be sold by the State Bond Commission in such manner, upon such terms and at such prices, at public or negotiated sale, as is determined by the State Bond Commission to be in the best interest of the state. If the State Bond Commission determines to sell the bonds at public sale, notice of such sale upon sealed proposals shall be published at least once not less than seven days prior to the date of such sale in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, of general circulation in the city of New York, New York, and in a newspaper of general circulation published in either the city of New Orleans or the city of Baton Rouge, Louisiana.
(3) Execution of bonds. The bonds shall be executed in the name of the State Bond Commission by the manual or facsimile signatures of the official or officials authorized by the State Bond Commission. If any officer whose manual or facsimile signature appears on any bond ceases to be such officer before the delivery of such bonds, such signature nevertheless shall be valid and sufficient for all purposes as if he had remained in office until such delivery. The resolution or trust agreement may provide for authentication of the bonds by the trustee or fiscal agent thereunder.
(4) Nonliability of officers. The members of the board, the officers, or employees of the State Bond Commission, or any other person executing the bonds of the State Bond Commission shall not be personally liable for the bonds or be subject to any personal liability or accountability by reason of the issuance, sale, and delivery thereof while acting within the scope of their authority.
(5) Purchase of bonds. The State Bond Commission shall have power to purchase its bonds out of any funds available therefor under the resolution or trust agreement authorizing or securing such bonds.
(6) Negotiability of bonds. All bonds issued pursuant to this Section shall be and are hereby made negotiable instruments within the meaning of and for all the purposes of the negotiable instrument laws of the state, subject only to the provisions of the bonds for registration.
(7) Tax exemption and eligibility for investment. All bonds and the income therefrom shall be exempt from taxation by the state and by parishes, municipalities, or any political subdivision thereof. The bonds shall be legal and authorized investments for banks, savings banks, insurance companies, homestead and building and loan associations, trustees, and other fiduciaries and may be used for deposit with any officer, board, municipality, or other political subdivision of the state, in any case where, by present or future law, deposit of security is required.
(8) Remedies of bondholders. The holders of any bonds issued hereunder shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the bonds, including but not by way of limitation appointment of a trustee for bondholders, and any other available civil action to compel compliance with the terms and provisions of the bonds and the resolution or trust agreement.
(9) Covenants with bondholders. The State Bond Commission is further authorized to enter into such covenants and agreements with the owners of the bonds or the providers of any credit enhancement devices or derivative products as may be deemed necessary or desirable to ensure the marketability of the bonds upon a finding by the State Bond Commission that such covenants and agreements are necessary or desirable and such finding shall constitute conclusive authority to enter into such covenants and agreements.
(10) Approval of fees. All fees, expenses, and costs, including sales commission, underwriting liability fees, management fees, attorney fees, and all other general and legal costs of issuance and credit support costs associated with the issuance of said bonds shall be subject to prior review and written approval by the attorney general and the State Bond Commission before the issuance of the bonds. The State Bond Commission may pay all fees, expenses, and commissions that the State Bond Commission deems necessary or advantageous in connection with the sale of bonds from the proceeds of any bonds.
(11) Proceeds and revenues to be deposited in separate funds. Subject to agreements with the holders of bonds, all proceeds of bonds and all revenues pledged under a resolution or trust agreement authorizing or securing such bonds shall be deposited and held in trust in a fund or funds separate and apart from all other funds of the state. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in such resolution or trust agreement.
(12) Complete authority. This Section does and shall be construed to provide a complete method for the doing of the things authorized hereby. No proceedings, notice, or approval shall be required for the issuance of any bonds or of any instruments or security therefor or any credit enhancement except as provided herein and the bonds issued hereunder shall not be included in the calculation of net state tax supported debt as defined in R.S. 39:1367 unless the bonds are served by a state appropriation as set forth in a cooperative endeavor agreement. The provisions of this Section shall be liberally construed for the accomplishment of its purposes.
I. Additional authority. Notwithstanding any other provision of law to the contrary, the lien of the pledge and security interest on any bond proceeds shall not affect the authority of the department to enter into contracts for the design and construction of any qualified federal-aid transportation project.
J. Powers. The powers conferred by this Section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this Section shall not directly or indirectly modify, limit, or affect, the powers conferred to the department or the State Bond Commission by any other law.
Acts 2002, No. 46, §1, eff. June 25, 2002; Acts 2015, No. 358, §1.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
A. The Department of Transportation and Development shall adopt minimum safety guidelines with respect to highway and bridge design, construction, and maintenance. These guidelines shall correlate with and, so far as possible, conform to the system then current as approved by the American Association of State Highway and Transportation Officials allowing the flexibilities incorporated therein. Hereafter, the state highway system shall conform to such safety guidelines.
B. The chief engineer may designate highways within the state highway system for reconstruction or repair at guidelines which are less than those as approved by the American Association of State Highway and Transportation Officials; however, no reconstruction or repair shall be done on any highway under this Part which results in a pavement width of less than eighteen feet, and all reconstruction or repair done under this Part shall be accomplished within the existing right-of-way.
C. The Department of Transportation and Development shall adopt specific minimum safety guidelines with respect to highway and bridge design, construction, and maintenance for all public roads, highways, and streets under the jurisdiction of any political subdivision of this state and not in the state-maintained highway system. These guidelines shall correlate with and, so far as possible, conform to the system then current as approved by the American Association of State Highway and Transportation Officials allowing the flexibilities incorporated therein. Prior to implementation by the department, the guidelines shall be submitted to the Senate and House committees on transportation, highways, and public works for review in accordance with the provisions of R.S. 49:950 et seq.
D. If any such improvements constructed by a political subdivision of this state fail to conform to such guidelines, payment of any funds allocated to the political subdivision for the construction purposes shall be withheld by the Department of Transportation and Development until such time as the guidelines established by the department are complied with. These guidelines shall not apply to maintenance, improvement, or blacktopping of existing dead-end alleys, local lanes, and other local roads that do not connect traveled throughways.
E.(1)(a) The state, the Department of Transportation and Development, and any political subdivision of the state have a duty to maintain, repair, construct, or reconstruct any public road, highway, bridge, or street, or any portion thereof, in a manner that is not unreasonably dangerous for a reasonably prudent driver.
(b) When any public road, highway, bridge, or street, or any portion thereof, is maintained, repaired, constructed, or reconstructed in accordance with the regulations or guidelines in effect on the date of approval by the chief engineer, or equivalent official in the case of a political subdivision of the state, of the original or amended design for the construction or major reconstruction, whichever is later, of such public road, highway, bridge, or street, or any portion thereof, there shall be a presumption that any such public road, highway, bridge, or street, or any portion thereof, is maintained, repaired, constructed, or reconstructed in a reasonably safe condition.
(c) When any public road, highway, bridge, or street, or any portion thereof, does not conform to one or more regulations or guidelines established or adopted subsequent to the date of such approval of the original or amended design plan for the construction or major reconstruction, whichever is later, of any such public road, highway, bridge, or street, or any portion thereof, such nonconformity shall not render any such public road, highway, bridge, or street, or any portion thereof, unreasonably dangerous or defective.
(2) When determining whether or not an unreasonably dangerous condition exists under this Paragraph, if a regulation or guideline is not directly applicable to the maintenance, repair, construction, or reconstruction, then evidence of failure to adhere to such regulation or guideline shall not be admissible in a court proceeding for any purpose.
F. The provisions of this Section shall not affect the requirement that the state, through the Department of Transportation and Development, prioritize the repair, maintenance, construction, or reconstruction of public roads, highways, bridges, or streets based on the need for repair, maintenance, construction, or reconstruction beginning with the public roads, highways, bridges, or streets which are most in need of repair, maintenance, construction, or reconstruction, and ending with public roads, highways, bridges, or streets which are least in need of repair, maintenance, construction, or reconstruction, and ensuring that the public roads, highways, bridges, or streets which are most in need of repair and maintenance will be repaired first, all pursuant to and consistent with the criteria contained in the priority program set forth in R.S. 48:228 through 233.
G. The priority program set forth in R.S. 48:228 through 233 is an administrative process for determining the order of repair, maintenance, construction, or reconstruction of public roads, highways, bridges, or streets and nothing contained therein creates an independent cause of action for personal injury or property damage.
H. The provisions of this Section shall not apply to regulations affecting the installation or design of signs imposed by the United States Department of Transportation.
Added by Acts 1968, No. 276, §1. Amended by Acts 1970, No. 126, §1, emerg. eff. June 23, 1970 at 2:00 p.m.; Acts 1976, 2nd Ex.Sess., No. 1, §1; Acts 1977, No. 291, §1; Acts 1984, No. 625, §1; Acts 1986, No. 119, §1, eff. June 26, 1986; Acts 1997, No. 1330, §1; Acts 1999, No. 1223, §1, eff. July 9, 1999; Acts 2004, No. 127, §1; Acts 2009, No. 219, §1, eff. June 30, 2009.
A. The legislature finds and declares the following:
(1) Inorganic arsenic is a hazardous substance and is recognized by the United States Environmental Protection Agency and the United States Occupational Health and Safety Administration as a human carcinogen.
(2) Release of this substance to the environment may lead to contamination of soil and water, and the ingestion or inhalation of soil, water, plant material, or animal tissues contaminated with inorganic arsenic may lead to lung cancer, damage to the nervous system, or, in extreme cases, death from systemic poisoning.
(3) Reflective glass beads are used to reflect light when applied to street, road, or highway markers.
(4) Glass beads that contain more than seventy-five parts per million of inorganic arsenic may represent a danger to workers who handle and apply them and a contamination potential to soil and water surrounding streets, roadways, or highways.
(5) It is in the public interest to prohibit the manufacture, sale, or use of glass beads used to reflect light when applied to markings on streets, roadways, or highways in this state if those beads contain more than seventy-five parts per million of inorganic arsenic.
B. The department, any local, municipal or parish governing authority, or any political subdivision of this state shall not place any markings made with paint that has been mixed, in whole or in part, with reflective glass beads containing more than seventy-five parts per million of inorganic arsenic as determined using EPA Method 6010B in conjunction with EPA Method 3052 for sample preparation, on or along any street, road, or highway in this state under their jurisdiction.
C.(1) No person shall manufacture, sell, offer for sale, or offer for promotional purposes in this state reflective glass beads that are used to reflect light when applied to markings on streets, roadways, or highways in this state if those glass beads contain inorganic arsenic in more than seventy-five parts per million as determined using EPA Method 6010B in conjunction with EPA Method 3052 for sample preparation.
(2) Any person who violates this Section shall be subject to a civil penalty of not less than five hundred dollars nor more than one thousand dollars for each violation. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
Acts 2010, No. 134, §1.
A. The department shall develop and maintain a statewide digital geospatial database for topographic mapping with the assistance of other state agencies or departments. The department shall act as authority for geographic names, set standards for the mapping of topographic features, and plan and manage data collection for incorporation into a statewide database for topographic mapping. Rules and regulations shall be promulgated by the department in accordance with the Administrative Procedure Act as are necessary for the planning and managing of the geospatial data associated with topographic mapping.
B. The department shall submit a written report to the House and Senate committees on transportation, highways, and public works providing for a program and plan of implementation for the development and maintenance of a statewide digital geospatial database for topographic mapping as required by Subsection A of this Section no later than December 31, 2012.
Acts 2010, No. 782, §1, eff. June 30, 2010; Acts 2012, No. 409, §1.
The secretary is the executive officer of the department. He shall be appointed, shall serve and his salary shall be fixed, all in accordance with the provisions of Title 36 of the Louisiana Revised Statutes of 1950.
Amended by Acts 1975, No. 151, §1; Acts 1977, No. 291, §1.
The secretary as the executive head of the department shall exercise all of the functions of the department through the departmental organizations provided for by law and to the extent provided by applicable law. Every lawful act of the secretary performed in his official capacity is the act of the department.
Amended by Acts 1975, No. 151, §1; Acts 1977, No. 291, §1.
The secretary, subject only to the limitations of appropriations thereto and all of the applicable provisions of Title 36 of the Louisiana Revised Statutes of 1950, may abolish positions; transfer duties between positions; and assign duties to, direct and control the work of, and transfer, promote, demote, remove, and otherwise change the status of employees of the department and fix the compensation thereof.
Amended by Acts 1952, No. 252, §1; Acts 1956, No. 454, §1; Acts 1977, No. 291, §1; Acts 1999, No. 613, §1, eff. June 30, 1999.
The secretary, for the purpose of administering the provisions of this Chapter, may divide or classify the highways of the state highway system by type, volume and kind of traffic, geographical area, mileage, condition, purpose, or otherwise.
Amended by Acts 1977, No. 291, §1.
Rules and regulations of the Department of Culture, Recreation and Tourism adopted in pursuance of the aims and purposes of the Louisiana Archaeological Survey and Antiquities Commission and the provisions of R.S. 41:1601-R.S. 41:1613 shall not apply to construction, reconstruction, maintenance, or other projects undertaken by the department unless the secretary, within his discretion, finds the application of such rules and regulations will not cause any undue or expensive delay in the completion of such projects. This Section shall not apply to federal aid projects. Notwithstanding any other provision in the law to the contrary, before any construction, reconstruction, maintenance, or other project is undertaken by the Department of Transportation and Development, the secretary of such department shall notify the Louisiana Archaeological Survey and Antiquities Commission of its intent to let such contract and furnish complete details of such contract to the commission. If during the construction, reconstruction or maintenance of a project undertaken by the Department of Transportation and Development any artifact is uncovered or found, the department shall suspend that part of the project and notify the Louisiana Archaeological Survey and Antiquities Commission of the find and give the commission reasonable opportunity to protect such find or artifact.
Added by Acts 1980, No. 821, §1.
A. Repealed by Acts 2003, No. 106, §1.
B. The office of facility planning and control of the division of administration shall submit a report to the Joint Legislative Capital Outlay Committee on October first of each year and to the legislature on March first of each year detailing the activities of the office for the past year with regard to contracts required to be let by public bid. The report shall include:
(1) A brief description of the project.
(2) A summary of the source of revenue for such projects.
(3) The locations of such projects.
(4) The engineering and/or construction contracts issued, including the amount of each contract, the purpose of each contract, the contractor, and the schedule for each contract.
(5) The amount of immovable property purchased, where such purchases were made, and the projects for which the purchases were made.
Acts 1997, No. 1415, §1; Acts 2001, No. 1032, §16; Acts 2003, No. 106, §1.
A.(1) The secretary of the Department of Transportation and Development may, at his discretion, appoint, fix salaries of, and pay traffic control officers in accordance with Department of State Civil Service regulations. The secretary may make and amend rules and regulations for the conduct, management, and control of such officers.
(2) The secretary shall implement the traffic control officer program provided for in this Section only if and to the extent funds are specifically appropriated or made available for it.
B.(1) Persons hired as traffic control officers shall be at least eighteen years of age and of good character. After January 1, 2004, all persons appointed as traffic control officers under this Section shall complete and graduate from a training program as approved and accredited as provided in R.S. 40:2401 et seq., entitled: Peace Officer Standards and Training Law. Each officer so appointed shall furnish bond in accordance with law in a sum to be fixed by the secretary. The bond shall be conditioned on the faithful performance of the officer's duties, and any person injured or damaged by such officer may sue upon such bond.
(2)(a) The traffic control officers shall have, under the direction and control of the secretary, the same powers to regulate and enforce traffic laws and make arrests and the power to execute and return all warrants and processes as police officers of the city of New Orleans on the portion of Interstate 10, in the parish of Orleans, from its eastern intersection with Interstate 610 to the St. Tammany Parish line and the approaches and the public ways contiguous thereto. These traffic control officers, under the same direction and control of the secretary, shall have all other powers of police officers of the city of New Orleans as peace officers, on the portion of Interstate 10, in the parish of Orleans, from its eastern intersection with Interstate 610 to the St. Tammany Parish line and the approaches and the public ways contiguous thereto.
(b) Notwithstanding the other provisions of this Subsection to the contrary, the jurisdiction of the traffic control officers shall be over that portion of Interstate 10, in the parish of Orleans, from its eastern intersection with Interstate 610 to the St. Tammany Parish line.
(c) The traffic control officers shall exercise concurrent police jurisdiction with the police chief of the city of New Orleans under the provisions of this Section unless the police chief of the city of New Orleans gives written notification that such concurrent police jurisdiction is terminated by that law enforcement agency as to the exercise of concurrent jurisdiction within its law enforcement jurisdiction.
(3) In an emergency situation, at the request of the chief of police of the city of New Orleans, the traffic control officers shall have the above-conferred powers throughout the geographic limits of the city of New Orleans until such time as the requesting authority has certified that the emergency no longer exists. An emergency situation declared under the provisions of this Paragraph shall not last more than ten days unless the extension of the emergency situation is approved by a majority of the legislative delegation representing Orleans Parish.
(4) No person appointed as a traffic control officer pursuant to this Section shall receive any state supplemental pay.
C. Any person arrested by traffic control officers appointed under this Section and the return of all warrants or processes served by these officers shall be surrendered or delivered to the appropriate custodial authorities of the city of New Orleans. However, nothing in this Section shall prevent the New Orleans City Police from making arrests or serving warrants or processes in any place or on any premises.
Acts 2003, No. 558, §1, eff. June 27, 2003.
§§71 to 75 Repealed by Acts 1977, No. 291, §3
A. Repealed by Acts 1997, No. 1403, §4, eff. July 1, 1997.
B. The budgetary and fiscal operations of the Department of Transportation and Development shall be under the control and supervision of and subject to review by the legislative budget committee and the commissioner of administration to the same extent and in the same manner and under the same conditions as now or hereafter may be provided by law for the control, supervision, and review of the fiscal and budgetary operations of the other budget units of the state.
C. The accounting procedures or system of accounting to be used by the Department of Transportation and Development, except as otherwise may be required by the Federal Highway Administration of the United States Department of Transportation, insofar as practical shall conform to and comply with the uniform accounting system prescribed and installed by the commissioner of administration, under the authority of the governor, as authorized to be prescribed and installed by the provisions of R.S. 39:91.
D. It is the intent and purpose of the provisions of this Section to require that the annual budget of the Department of Transportation and Development and the financial and budgetary functions and operations thereof shall be governed by and be subject to the same conditions and provisions of law that are now or hereafter may be applicable to the budgets and the budgetary and fiscal functions and operations of the other budget units of the state. It therefore is hereby specifically provided and declared that the Department of Transportation and Development is classified as a budget unit, as the term is defined and referred to in Paragraph 7 of Section 2 of Title 39 of the Louisiana Revised Statutes of 1950 and, as such, shall be subject to all of the provisions of Title 39 and any and all other laws, relating or applicable to such budget units.
Added by Acts 1975, No. 48, §1. Amended by Acts 1977, No. 291, §1; Acts 1997, No. 1403, §4, eff. July 1, 1997; Acts 2025, No. 380, §1.
A. The avails of the taxes imposed by Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 from the sale, use, or lease of motor vehicles that are taxable pursuant to Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, after satisfying the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, shall be deposited into the Construction Subfund of the Transportation Trust Fund provided for in Article VII, Section 27(B)(2) of the Constitution of Louisiana, referred to in this Section as the "subfund", and the Megaprojects Leverage Fund as provided in R.S. 48:77.1, as follows:
(1) For Fiscal Year 2024-2025, sixty percent of the avails shall be deposited into the subfund and the Megaprojects Leverage Fund as provided in R.S. 48:77.1(A).
(2) For Fiscal Year 2025-2026 and Fiscal Year 2026-2027, an amount not to exceed forty million dollars shall be deposited into the Megaprojects Leverage Fund for the I-10 Calcasieu River Bridge and I-10 Improvements Account as provided in R.S. 48:77.1(A)(1)(a) and (b).
(3) For Fiscal Year 2027-2028 and each fiscal year thereafter, sixty percent of the avails shall be deposited into the subfund and the Megaprojects Leverage Fund as provided in R.S. 48:77.1(A).
B. Repealed by Acts 2022, No. 505, §3, eff. June 16, 2022.
C. The Department of Transportation and Development shall utilize up to seventy-five percent of the monies deposited into the subfund or the Megaprojects Leverage Fund pursuant to Subsection A of this Section as follows:
(1) For deposit into the Megaprojects Leverage Fund as provided in R.S. 48:77.1, in conjunction with innovative financing opportunities and on highway priority program projects classified as mega projects pursuant to the Department of Transportation and Development's definition of mega projects. The following mega projects shall be prioritized by the secretary of the Department of Transportation and Development and constructed in accordance with each project's completed and federally mandated environmental process and requirements.
(a) Replacement of the I-10 Calcasieu River bridge and I-10 improvements from the I-210 interchange west of the river to the I-210 interchange east of the river.
(b) Upgrades to US 90 to interstate standards from the I-10 and I-49 interchange from Lafayette to New Orleans.
(c) A new Mississippi River Bridge at Baton Rouge with freeway-level connections from I-10 west of Baton Rouge to I-10 east of Baton Rouge.
(d) Upgrades to I-49 North where I-49 is not yet upgraded.
(2) For cash managed capacity projects included in the highway priority program pursuant to the Department of Transportation and Development's definition of capacity projects, including but not limited to the following:
(a) Widening of I-12 to six lanes and associated improvements where I-12 is not yet upgraded from Baton Rouge to the Mississippi state line.
(b) Widening of Vancil Road from I-20 to Highway 80, Wallace Dean Road from I-20 to Arkansas Road, and East Kentucky Avenue in Ruston from Highway 167 to Highway 33; the replacement of aged timber bridges, completion of Highway 33 to Highway 80; adding paved shoulders and passing lanes from Farmerville to Oak Grove on Highway 2, and LA 15 at the Ouachita Parish Line to LA 33; realign LA 15 from US 80 to Arkansas Road; adding a sixth lane on Highway 165 beginning on Highway 15 to Highway 2.
(c) Widening of LA 28 East to four lanes from Libuse to Hollway.
(d) Widening of LA 173 to four lanes from Dr. Martin Luther King, Jr. Drive to Dougherty Avenue in Blanchard, Louisiana.
(e) The addition of auxiliary lanes and noise mitigation on I-10 from the High Rise Bridge to the intersection of I-10 and Bullard Avenue in Orleans Parish.
(f) Widening of I-10 to eight lanes from Williams Blvd. to Veterans Blvd.
(g) Widening of I-10 to three lanes from LA 30 to LA 22.
D. The Department of Transportation and Development shall utilize monies deposited into the subfund pursuant to Subsection A of this Section as necessary to match federal funds made available to this state through transportation-related programs or grants. Subject to the foregoing requirement, the Department of Transportation and Development shall utilize an amount not less than twenty-five percent on highway and bridge preservation projects included in the highway priority program pursuant to the Department of Transportation and Development's definition of highway and bridge preservation projects.
E. Repealed by Acts 2022, No. 505, §3, eff. June 16, 2022.
Acts 2008, 2nd Ex. Sess., No. 11, §2, eff. March 24, 2008; Acts 2014, No. 830, §2, eff. Nov. 4, 2014, if adopted; Acts 2015, No. 275, §§1, 2, eff. June 29, 2015; Acts 2019, No. 434, §5C, eff. June 30, 2019; Acts 2021, No. 486, §1; Acts 2022, No. 417, §§1, 2, eff. June 15, 2022; Acts 2022, No. 505, §§2, 3, eff. June 16, 2022; Acts 2024, 3rd Ex. Sess., No. 13, §5, eff. July 1, 2025.
NOTE: See Acts 2014, No. 830, §§2 and 3, regarding contingencies.
NOTE: House Bill 628, amending La. Const. Art. VII, Sec. 14(B), became Act 873, authorizing capitalization of a state infrastructure bank, effective pending vote Nov. 14, 2014. House Bill 629, amending La. Const Art. VII, Sections 27 and 10.3, providing for deposit of excess mineral revenues into the Transportation Trust Fund in order to capitalize a state infrastructure bank, failed to become enacted.
A. There is hereby created in the state treasury a special fund to be designated and hereafter referred to as the Megaprojects Leverage Fund, hereinafter referred to as the "fund". The state treasurer shall deposit into the fund seventy-five percent of that portion of the avails of the taxes imposed by Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, from the sale, use, or lease of motor vehicles that are taxable pursuant to Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, provided for in R.S. 48:77(A), provided however that the total deposits into the fund from these avails shall not exceed one hundred sixty million dollars in any fiscal year. Once all projects described in R.S. 48:77(C)(1) have either been completed and issued final acceptance or a request not to proceed with the project has been approved by the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works as provided in this Section, and any outstanding debt issued under R.S. 48:77.2 has been either repaid or defeased, there shall be no further deposits into the fund.
(1)(a) There is hereby created as a special account in the fund to be designated and referred to in this Section as the I-10 Calcasieu River Bridge and I-10 Improvements Account. The source of monies in this account shall be twenty-five percent of the monies deposited in the fund each fiscal year, any monies appropriated to the account by the legislature, including federal funds, donations, gifts, or grants, and any other monies as may be provided by law. Except as provided in Subparagraph (b) of this Paragraph, once the project described in R.S. 48:77(C)(1)(a) has been completed and issued final acceptance, and any outstanding debt related to that project issued under R.S. 48:77.2 has been either repaid or defeased, the I-10 Calcasieu River Bridge and I-10 Improvements Account shall receive no further deposits, and monies that would have been deposited into that account shall be divided equally between accounts within the fund that are still eligible to receive deposits.
(b) If, prior to the issuance of any bonds for such project pursuant to the provisions of this Section, the secretary of the Department of Transportation and Development determines that it is not in the best interests of the state to proceed with the project described in R.S. 48:77(C)(1)(a), he shall submit a request for approval not to proceed with the project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works. Upon approval by both committees of the secretary's request not to proceed with the project, deposits into the account shall cease and any monies that would have been deposited into the account shall be divided equally between accounts within the fund that are still eligible to receive deposits. Within thirty days of approval by the committees as provided in this Subparagraph, the state treasurer shall also divide equally and transfer into accounts within the fund that are still eligible to receive deposits the unexpended and unencumbered balance in the account created pursuant to this Paragraph.
(2)(a) There is hereby created as a special account in the fund to be designated and referred to in this Section as the I-49 South Leverage Fund Account. The source of monies in this account shall be twenty-five percent of the monies deposited in the fund each fiscal year, any monies appropriated to the account by the legislature, including federal funds, donations, gifts, or grants, and any other monies as may be provided by law. Except as provided in Subparagraph (b) of this Paragraph, once the project described in R.S. 48:77(C)(1)(b) has been completed and issued final acceptance, and any outstanding debt related to that project issued under R.S. 48:77.2 has been either repaid or defeased, the I-49 South Leverage Fund Account shall receive no further deposits, and monies that would have been deposited into that account shall be divided equally between accounts within the fund that are still eligible to receive deposits.
(b) If, prior to the issuance of any bonds for such project pursuant to the provisions of this Section, the secretary of the Department of Transportation and Development determines that it is not in the best interests of the state to proceed with the project described in R.S. 48:77(C)(1)(b), he shall submit a request for approval not to proceed with the project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works. Upon approval by both committees of the secretary's request not to proceed with the project, deposits into the account shall cease and any monies that would have been deposited into the account shall be divided equally between accounts within the fund that are still eligible to receive deposits. Within thirty days of approval by the committees as provided in this Subparagraph, the state treasurer shall also divide equally and transfer into accounts within the fund that are still eligible to receive deposits the unexpended and unencumbered balance in the account created pursuant to this Paragraph.
(3)(a) There is hereby created as a special account in the fund to be designated and referred to in this Section as the Mississippi River Bridge at Baton Rouge and Connections Account. The source of monies in this account shall be twenty-five percent of the monies deposited in the fund each fiscal year, any monies appropriated to the account by the legislature, including federal funds, donations, gifts, or grants, and any other monies as may be provided by law. Except as provided in Subparagraph (b) of this Paragraph, once the project described in R.S. 48:77(C)(1)(c) and the LA Highway 1 and LA Highway 30 connectors have all been completed and issued final acceptance, and any outstanding debt related to those projects issued under R.S. 48:77.2 has been either repaid or defeased, the Mississippi River Bridge at Baton Rouge and Connections Account shall receive no further deposits, and monies that would have been deposited into that account shall be divided equally between accounts within the fund that are still eligible to receive deposits.
(b) If, prior to the issuance of any bonds for such project pursuant to the provisions of this Section, the secretary of the Department of Transportation and Development determines that it is not in the best interests of the state to proceed with the project described in R.S. 48:77(C)(1)(c), he shall submit a request for approval not to proceed with the project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works. Upon approval by both committees of the secretary's request not to proceed with the project, deposits into the account shall cease and any monies that would have been deposited into the account shall be divided equally between accounts within the fund that are still eligible to receive deposits. Within thirty days of approval by the committees as provided in this Subparagraph, the state treasurer shall also divide equally and transfer into accounts within the fund that are still eligible to receive deposits the unexpended and unencumbered balance in the account created pursuant to this Paragraph.
(4)(a) There is hereby created as a special account in the fund to be designated and referred to in this Section as the I-49 North Leverage Fund Account. The source of monies in this account shall be twenty-five percent of the monies deposited in the fund each fiscal year, any monies appropriated to the account by the legislature, including federal funds, donations, gifts, or grants, and any other monies as may be provided by law. Except as provided in Subparagraph (b) of this Paragraph, once the project described in R.S. 48:77(C)(1)(d) has been completed and issued final acceptance, and any outstanding debt related to that project issued under R.S. 48:77.2 has been either repaid or defeased, the I-49 North Leverage Fund Account shall receive no further deposits, and monies that would have been deposited into that account shall be divided equally between accounts within the fund that are still eligible to receive deposits.
(b) If, prior to the issuance of any bonds for such project pursuant to the provisions of this Section, the secretary of the Department of Transportation and Development determines that it is not in the best interests of the state to proceed with the project described in R.S. 48:77(C)(1)(d), he shall submit a request for approval not to proceed with the project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works. Upon approval by both committees of the secretary's request not to proceed with the project, deposits into the account shall cease and any monies that would have been deposited into the account shall be divided equally between accounts within the fund that are still eligible to receive deposits. Within thirty days of approval by the committees as provided in this Subparagraph, the state treasurer shall also divide equally and transfer into accounts within the fund that are still eligible to receive deposits the unexpended and unencumbered balance in the account created pursuant to this Paragraph.
B. Monies in the fund shall be invested by the treasurer in a separate portfolio in the same securities as allowed for the state general fund. All investment earnings on this portfolio shall be deposited into the fund. All unexpended and unencumbered monies remaining in the fund at the end of each fiscal year shall remain in the fund. The amounts in the fund shall be available for appropriation to pay expenses incurred for custody, investment, and disbursement costs directly attributable to the investment of the fund.
C. Monies in the fund shall be appropriated and expended only in accordance with this Subsection:
(1) For transfer to the State Bond Commission, hereinafter referred to as the "commission", to pay the costs of the principal, premium, and interest of motor vehicle sales and use tax bonds issued by the commission pursuant to R.S. 48:77.2 as the bonds become due and payable; to fund such reserves for contingencies, costs, and expenses related to bonds issued pursuant to R.S. 48:77.2, as may be required by the resolution authorizing the issuance of such bonds; and to pay amounts of ongoing expenses associated with the administration, maintenance, or evaluation of bonds issued pursuant to R.S. 48:77.2, as follows:
(a) Funds from the I-10 Calcasieu River Bridge and I-10 Improvements Account shall be used exclusively for costs of debt, the proceeds of which are to be used for the planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(a).
(b) Funds from the I-49 South Leverage Fund Account shall be used exclusively for costs of debt, the proceeds of which are to be used for the planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(b).
(c) Funds from the Mississippi River Bridge at Baton Rouge and Connections Account shall be used exclusively for costs of debt, the proceeds of which are to be used for the planning, preconstruction, construction, and procurement activities related to the LA Highway 1 and LA Highway 30 connectors and the project described in R.S. 48:77(C)(1)(c).
(d) Funds from the I-49 North Leverage Fund Account shall be used exclusively for costs of debt, the proceeds of which are to be used for the planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(d).
(2) For transfer to the Construction Subfund of the Transportation Trust Fund:
(a) Funds from the I-10 Calcasieu River Bridge and I-10 Improvements Account shall be used exclusively for costs of planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(a).
(b) Funds from the I-49 South Leverage Fund Account shall be used exclusively for costs of planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(b).
(c) Funds from the Mississippi River Bridge at Baton Rouge and Connections Account shall be used exclusively for costs of planning, preconstruction, construction, and procurement activities related to the LA Highway 1 and LA Highway 30 connectors and the project described in R.S. 48:77(C)(1)(c).
(d) Funds from the I-49 North Leverage Fund Account shall be used exclusively for costs of planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(d).
D. Prior to the Department of Transportation and Development entering into a public-private partnership with respect to a megaproject as provided in this Section, the department shall obtain approval from the Joint Legislative Committee on the Budget. This requirement shall not apply to any public-private partnership for which the solicitation process began prior to August 1, 2022.
Acts 2022, No. 505, §2, eff. June 16, 2022; Acts 2023, No. 327, §1, eff. June 12, 2023.
A.(1) Without reference to any provision of the Constitution of Louisiana and the laws of this state, and as a grant of power in addition to any other general or special law, the State Bond Commission, referred to in this Section as "the commission", is hereby authorized to issue motor vehicle sales and use tax bonds, referred to in this Section as "motor vehicle sales and use tax bonds" or "bonds", and pledge for the payment of the principal and interest such portion of the motor vehicle sales and use tax as is to be deposited into the Megaprojects Leverage Fund pursuant to R.S. 48:77.1. Such bonds shall only be issued for individual projects and secured by funds held or to be received in a corresponding specific account provided for in R.S. 48:77.1. Proceeds of any such bonds, except monies needed to fund reserves and pay costs of issuance, and to the extent not needed to pay debt service or other amounts due under the resolution authorizing the bonds, shall be deposited in the Construction Subfund of the Transportation Trust Fund and expended only in accordance with R.S. 48:77.1. The commission is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or other sum of money, aid, or assistance from the United States, the state, or any political subdivision, thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or other money of the commission, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds, including any monies provided to the commission from the Department of Transportation and Development. Any bonds shall be payable solely from revenues and bond proceeds, pending their disbursement, and investment income thereon. Such bonds are deemed to be "revenue bonds" as permitted under Article VII, Section 6(C) of the Constitution of Louisiana, as amended.
(2) In accordance with the provisions of Article VII, Section 9(A)(6) of the Constitution of Louisiana, as amended, there is hereby established a special fund to be designated and hereafter referred to as the Motor Vehicle Sales and Use Tax Bond Fund, with appropriate subaccounts to be established, for the purpose of providing for the securitization of any bonds which may be issued pursuant to the provisions of this Section which shall include requirements for reserves and credit enhancement devices, all as may be provided in any resolution, trust agreement, indenture, or other instrument pursuant to which such bonds were issued. The Motor Vehicle Sales and Use Tax Bond Fund shall be administered by a trustee as designated by the commission. The source of monies for the Motor Vehicle Sales and Use Tax Bond Fund shall be such portion of the avails of the taxes imposed by Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 from the sale, use, or lease of motor vehicles that are taxable referred to in this Section as "motor vehicle sales and use tax receipts" pursuant to Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 as may be transferred to the commission pursuant to R.S. 48:77.1. All such transferred funds shall be classified and set aside in the separately identifiable fund or account outside of the state treasury and named above, but maintained by the state treasury, and such revenues shall be assigned and pledged to the trustee under the documents pursuant to which the bonds were issued for the benefit of the holders of the bonds.
(3) The motor vehicle sales and use tax receipts which have been transferred to the commission pursuant to R.S. 48:77.1 and this Section shall be applied to pay or provide for the payment of debt service and all related costs and expenses associated therewith on motor vehicle sales and use tax bonds issued by the commission for specific projects as set forth in R.S. 48:77.1.
(4) The resolution or resolutions under which motor vehicle sales and use tax bonds are authorized to be issued may contain any or all of the following:
(a) Provisions respecting custody of the proceeds from the sale of the bonds, including any requirements that such proceeds be held separate from or not be commingled with other funds of the state.
(b) Provisions for the investment and reinvestment of motor vehicle sales and use tax bond proceeds until used to pay the costs of the projects for which the bonds were issued or the costs of financing the bonds, and for the disposition of any excess bond proceeds or investment earnings thereon.
(c) Provisions for the execution of reimbursement agreements or similar agreements in connection with credit facilities, including but not limited to letters of credit or policies of bond insurance, remarketing agreements, and credit enhancement devices, for the purpose of moderating interest rate fluctuations.
(d) Provisions for the collection, custody, investment, reinvestment, and use of the pledged revenues or other receipts, funds, or monies pledged therefor and transferred or to be transferred pursuant to this Section.
(e) Provisions regarding the establishment and maintenance of reserves, sinking funds, and any other funds, and accounts as shall be approved by the commission in such amounts as may be established by the commission, and the regulation and disposition thereof, including requirements that any such funds and accounts be held, separate from or not be commingled with other funds.
(f) Covenants for the establishment of pledged revenue coverage requirements for the motor vehicle sales and use tax bonds.
(g) Provisions for the issuance of additional motor vehicle sales and use tax bonds on a parity or subordinate basis with motor vehicle sales and use tax bonds theretofore issued, including establishment of coverage requirements with respect thereto for the projects permitted in R.S. 48:77(C).
(h) Provisions or covenants of like or different character from the foregoing that are determined in such proceedings as necessary, convenient, or desirable in order to better secure the motor vehicle sales and use tax bonds, or will tend to make the motor vehicle sales and use tax bonds more marketable, and that are in the best interests of the state, including, without limitation, cooperative endeavor agreements with the division of administration on behalf of the state with respect to replenishment of any reserve funds for the bonds, which cooperative endeavor agreements are authorized to be executed by the commission and the division of administration if deemed necessary and desirable by these parties to enhance the creditworthiness of the bonds.
B. Bonds issued under the provisions of this Section shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Section shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the state or any public entity to the commission arising out of contracts including but not limited to the bonds, the bond resolution, and trust indentures authorized under this Section.
C. Bonds shall be authorized by a resolution of the commission and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the commission, and be entitled to such priority on the revenues as such resolution or resolutions may provide.
D. Bonds shall be sold by the commission at public sale by competitive bid or negotiated private sale and at such price as the commission may determine to be in the best interest of the state.
E. The issuance of motor vehicle sales and use tax bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of the state or any political subdivision, or of any agency, commission, or instrumentality thereof. Bonds issued pursuant to this Section shall not be included in the calculation of "net state tax supported debt" as defined in R.S. 39:1367. The bonds shall be issued in compliance with the provisions of this Section.
F. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the state authorizing the issuance of bonds pursuant to this Section, any person in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds, or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds, or the security therefor within this prescribed thirty-day period, the commission is authorized to issue the bonds and to provide for the payment thereof, the legality thereof, and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed to be legal and shall be incontestable. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. The commission may designate any paper of general circulation in its geographical jurisdiction to publish the notice of intent or may utilize electronic media available to the general public. Any suit to determine the validity of bonds issued by the commission shall be brought only in accordance with the provisions of R.S. 13:5121 et seq.
G. All bonds issued pursuant to this Section shall have all the qualities of negotiable instruments under the commercial laws of the state.
H. Any pledge of revenues or other monies made by the commission shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the commission shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission irrespective of whether such parties have notice thereof. Any trust agreement or other instrument by which a pledge is created need not be filed or recorded except in the official records of the commission.
I. Neither the members of the commission nor any person executing the bonds shall be liable personally for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
J. Bonds of the commission, their transfer, and the income therefrom shall at all times be exempt from all taxation by the state or any political subdivision thereof, and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Section shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for the deposits to the extent of their value. When any bonds shall have been issued hereunder, neither the legislature, the commission, nor any other entity may discontinue or decrease the revenues pledged to the payment of the bonds authorized pursuant to this Section or permit to be discontinued or decreased the revenues in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the revenues which would diminish the amount of the revenues to be received by the commission, until all of such bonds shall have been retired as to principal and interest, and there is hereby vested in the holders from time to time of such bonds a contract right in the provisions of this Section.
K. The commission may provide by resolution for the issuance of refunding bonds pursuant to R.S. 39:1444 et seq.
L. The holders of any bonds issued pursuant to this Section shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the bonds, including but not limited to the appointment of a trustee for the bondholders and any other available civil action to compel compliance with the terms and provisions of the bonds and the resolution or trust agreement.
M. Subject to the agreements with the holders of bonds, all proceeds of bonds and all revenues pledged under a resolution or trust agreement authorizing or securing such bonds shall be deposited and held in trust in a fund or funds separate and apart from all other funds of the state. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in such resolution or trust agreement.
N. The commission is authorized to employ all professionals it deems necessary in the issuance of its bonds.
O. The commission is authorized to enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts necessary, convenient, or desirable for the issuance of the bonds or to carry out any power expressly given in this Section.
P. The commission shall be deemed to be a public entity for purposes of Chapters 13, 13-A, 14, 14-A, 14-B, and 15-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, which statutes shall apply to bonds of the commission, provided that in the event of a conflict with the provisions of this Section, the provisions of this Section shall control.
Q. The provisions of this Section shall become null, void, and of no effect on the date that all bonds issued by the commission pursuant to this Section are paid or deemed paid in full and are no longer considered outstanding or the projects permitted in R.S. 48:77(C) are deemed completed by the Department of Transportation and Development, whichever is later.
R. Notwithstanding any other provision of law to the contrary, any revenues deposited in the bond fund that are pledged to the repayment of any bonds issued in accordance with this Section may be collected and disbursed in accordance with the documents pursuant to which such bonds were issued.
Acts 2022, No. 505, §2, eff. June 16, 2022.
A. In no event shall monies in the Transportation Trust Fund established in the Constitution of Louisiana be appropriated, dedicated, or otherwise used, directly or indirectly, for the payment of judgments or settlements by any state agency in matters arising in tort, or road hazard insurance, or for any other items inconsistent with highway and infrastructure construction, operations, and maintenance.
B. In any given fiscal year, monies appropriated for ports, the Parish Transportation Fund, or its successor, and the Statewide Flood-Control Program, or its successor, and state police out of the Transportation Trust Fund shall not exceed twenty percent annually of the monies deposited in the Transportation Trust Fund from any source, including but not limited to state-generated tax monies or fees deposited pursuant to R.S. 32:387, penalties or fees deposited pursuant to R.S. 32:388, or earnings realized on the investment of monies in the Transportation Trust Fund deposited in and credited to the Transportation Trust Fund.
C.(1) For Fiscal Year 2015-2016, no more than forty-five million dollars of Transportation Trust Fund monies may be utilized by the Department of Public Safety and Corrections, office of state police.
(2) For Fiscal Year 2016-2017, no more than twenty million dollars of Transportation Trust Fund monies may be utilized by the Department of Public Safety and Corrections, office of state police.
(3) For Fiscal Year 2017-2018 and thereafter, no more than ten million dollars of Transportation Trust Fund monies may be utilized by the Department of Public Safety and Corrections, office of state police.*
Acts 1990, No. 1024, §1; Acts 2015, No. 380, §2.
*Act 720 of the 2018 Regular Session (Const. Amend.) removed the authority to appropriate funds from the Transportation Trust Fund for state police traffic control purposes.
Repealed by Acts 2025, No. 380, §2.
A. There is hereby created in the state treasury, as a special fund, the Louisiana Vertiport Development Fund, hereinafter referred to in this Section as the "fund". The fund shall consist of any monies appropriated by the legislature and any grants, gifts, or donations received by the state for purposes of this Section. Monies appropriated or transferred to the fund shall be deposited by the state treasurer after compliance with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana. Monies in the fund shall be invested by the treasurer in the same manner as the state general fund monies. Interest earned on monies in the fund shall be credited to the fund. All unexpended and unencumbered monies and earnings remaining in the fund at the end of the fiscal year shall remain in the fund.
B. The monies in the fund shall be administered by the Department of Transportation and Development and shall be used exclusively to fund the statewide development of vertiports. The Department of Transportation and Development shall develop regulations and guidelines for the distribution and allocation of any monies appropriated to the department pursuant to this Section.
Acts 2024, No. 316, §2.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
Repealed by Acts 2019, No. 434, §5A, eff. June 30, 2019.
A. A chief engineer, a maintenance and operations engineer, and such other engineers as are found necessary by the secretary shall be appointed. The chief engineer shall be a competent engineer of recognized ability and standing, experienced in highway construction and maintenance, and shall be licensed to practice civil engineering in Louisiana. Both the chief engineer and the maintenance and operations engineer shall give their whole time to the duties of their offices.
B. The chief engineer and the maintenance and operations engineer shall receive annual salaries fixed by the secretary, payable monthly out of the funds as shall be appropriated therefor, and shall be allowed their actual and necessary traveling expenses incurred in the discharge of their official duties.
C. Before entering upon the duties of his office, each shall take the prescribed oath and give bond to the governor in the sum of ten thousand dollars, conditioned upon the faithful performance of his duties. These bonds shall be approved by the governor and filed with the secretary of state.
Amended by Acts 1975, No. 151, §1; Acts 1977, No. 291, §1; Acts 1979, No. 413, §1, eff. July 11, 1979.
The chief engineer or his designated representative shall approve all plans, specifications, and estimates for the construction of all highways under the provisions of this Chapter. He also has such other duties as may be assigned to him by the secretary or the assistant secretary for project delivery by the provisions of this Chapter. He shall report the proceedings of his office to the assistant secretary for project delivery. Subject to and pursuant to the provisions of R.S. 48:259, the chief engineer has direct supervision of the maintenance of the highways and other facilities of the department.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §2, eff. July 11, 1979; Acts 1984, No. 625, §1; Acts 2006, No. 11, §5; Acts 2025, No. 380, §1.
A. On the first day of each quarter of the fiscal year, October first, January first, April first, and July first, the department shall provide to the Joint Committee on Transportation, Highways and Public Works a report of all contracts between the department and consulting engineers.
B. Such report shall include the following information for each contract:
(1) The name of the engineer or engineering firm.
(2) The amount of the contract.
(3) The source of funds for the contract.
(4) The purpose of the contract.
(5) The status of the contract.
(6) The anticipated completion date of the contract.
Acts 1995, No. 317, §1; Acts 2001, No. 1032, §16.
A. Each department district office shall publish weekly on the department's internet website information by parish regarding the construction and maintenance work performed, including but not limited to a description and location of the construction project or maintenance work performed.
B. The department shall make available to the public an interactive online system to conveniently and accurately monitor the status of the department's projects statewide.
Acts 2018, No. 662, §1; Acts 2025, No. 380, §1.
A. The Mississippi River Parkway Commission of Louisiana is hereby created and established. It shall be composed of ten members appointed by the governor, two of whom shall be from the Department of Transportation and Development upon the recommendation of the secretary, who shall be appointed for a term of one year, and the remainder to be from various parishes directly affected by the Mississippi River Parkway. Two members shall be appointed for terms of two years, two shall be appointed for terms of three years, two shall be appointed for terms of four years, and two shall be appointed for terms of five years. All successor members shall be appointed for terms of five years. Immediately upon making any appointment the governor shall so notify the national Mississippi River Parkway Planning Commission, hereinafter called the National Commission, giving the names and addresses of the member or members so appointed. Each appointment by the governor shall be submitted to the Senate for confirmation.
B. At the first meeting of the commission and annually thereafter, the members shall select a chairman and a secretary from the membership. Meetings of the commission shall be called by the chairman on his own notice or on request of any five members. Except in the case of an emergency, notice of the time and place of each meeting shall be given to each member at least five days prior to the date of the meeting. Every meeting of the commission shall be held at some suitable place in one of the parishes in which the Great River Road is situated, except that any meeting may be held at any other suitable place upon majority vote of the members. Any four members shall constitute a quorum for the purpose of transacting any business of the commission.
C. The members shall receive no compensation for their services on the commission and shall receive no reimbursement for expenses incurred in attending the meetings of the commission, provided that they may be reimbursed for actual and necessary expenses incurred in attending the annual meeting or any special meeting of the National Commission when payment for such expenses has been approved by the chairman.
Added by Acts 1980, No. 760, §1; Acts 2003, No. 774, §12.
The commission shall be an affiliate of the National Commission and shall cooperate with and assist it in promoting interest in and the development of the Great River Road as designated by the federal authorities and shall serve in an advisory capacity to the department. The chairman of the commission shall be the Louisiana representative on the National Commission.
Added by Acts 1980, No. 760, §1.
The commission and the department shall succeed to all of the rights, powers and authority granted the State Planning Commission by the provisions of Act 72 of 1940, including the authority of the department to acquire property and property rights under any of the provisions of this Chapter, for the purpose of planning and developing the Great River Road project in accordance with federal law and regulations. The department is authorized to erect and maintain signs designating the route of the Great River Road through Louisiana. These signs shall be the standard marker developed and approved for the Great River Road by the National Commission.
Added by Acts 1980, No. 760, §1.
A. The Louisiana Transportation Research Center, hereinafter referred to as "LTRC", is hereby created as a cooperative research and technology transfer unit administered jointly by the Department of Transportation and Development, hereinafter referred to as the "department", and Louisiana State University and Agricultural and Mechanical College, hereinafter referred to as the "university". The domicile of the LTRC is Baton Rouge, Louisiana.
B. The purposes of the LTRC are as follows:
(1) Establish cooperation in the mutual efforts toward improvement of the transportation systems of the state of Louisiana.
(2) Introduce new technology.
(3) Enhance higher education in the general transportation field.
(4) Benefit Louisiana economically by enhancing job opportunities.
C. The functions and duties of the LTRC are as follows:
(1) To develop and conduct a nationally recognized short and long range research program in transportation systems in order to implement more efficient design, planning, maintenance, operation, and construction practices and to enhance traffic safety.
(2) To offer educational and training programs in both fundamental and state-of-the-art practice in the field of transportation systems and related areas by offering training sessions, short courses, demonstration projects, and conferences funded by the department and the United States Department of Transportation-Federal Highways Administration.
(3) To develop and implement a technology transfer program funded by the United States Department of Transportation and the department which shall provide a mechanism for conveying modern transportation systems practices and procedures to municipalities and parishes.
(4) To establish cooperative relationships with the Louisiana Transportation Research Board, the research divisions of other highway and transportation departments, other universities, and national and international technical associations and agencies.
(5) To report and publish research findings which contribute to fundamental knowledge and facilitate the implementation of enhanced technology which may result in more economical practices in transportation systems.
D. The activities of the LTRC will be funded by the department funds, part of which is funded with federal highway planning and research funds. The funding of LTRC shall be contingent upon the availability of federal highway and research funds as appropriated by the Louisiana Legislature.
E. The projects funded for research organizations other than LTRC shall have project account numbers appropriate to that organization and shall be administered in accordance with that organization's policies.
F. LTRC may enter into contractual agreements only with the approval of the secretary of the department, or his designee, and said agreements must conform with contracting policies of the department.
G.(1) A LTRC policy committee shall be established and charged with advising and making recommendations to the LTRC as well as reviewing and recommending research and technology transfer programs to be pursued by the center, reviewing and recommending fiscal year budgets, and reviewing the activities and progress of the center. The committee shall meet at least twice a year. It shall be composed of eleven members, one of whom shall be the director of LTRC, three who shall be appointed by the secretary, one from each of the six public universities that have a college of engineering with a civil engineering department appointed by the president or chancellor of the respective university and one member who shall be a dean of a college of engineering of a nonpublic institution of higher education selected by the committee from a list submitted by the Louisiana Association of Independent Colleges and Universities. The Federal Highway Administration shall be invited to appoint an observer. The director of LTRC shall be an ex officio member of the committee.
(2) The term of office of members of the policy committee shall be for two years; however, in order to assure continuity, two of the initial members appointed by the chancellor and two of the initial members appointed by the secretary shall be appointed to serve for three years. Thereafter each member shall be appointed to a two-year term. Committee members may be reappointed.
(3) No salaries shall be paid the members of the LTRC policy committee, but said members shall be reimbursed for their expenses as per Division of Administration regulations.
(4) The officers of the LTRC policy committee shall be a chairman, a vice chairman, and a secretary, all elected by the committee.
(5) Should a vacancy occur on the LTRC policy committee, that member shall be replaced in the same manner in which that particular member was appointed.
(6) The director of LTRC shall be chosen by the secretary of the department and the LTRC policy committee from a slate of nominees submitted by a search committee, which search committee shall be selected by the LTRC policy committee.
(7) The director shall annually develop fiscal year programs designed to implement the functions of LTRC described above, and to meet the funding commitments to the university, also specified above. The director shall administer the day-to-day activities of the LTRC. The director shall submit an annual written report on the activities of the center to the policy committee, to the dean of the college of engineering at the university, and to the secretary of the department by March fifteenth of each year. The annual reports shall address the activities and achievements of the center and provide an assessment of the extent to which the center is fulfilling its functions.
(8) The personnel of the LTRC shall consist of full-time classified employees of the department and faculty, staff, and students of the university. University employees will be participating in specific projects, but their activities shall not be limited to those being funded by or under the administration of LTRC. Short-term appointments may also be made to provide assistance on specific problems or to work on short-term research projects. The university's personnel policies and benefits shall apply only to its personnel. Likewise, the personnel policies and benefits of the department shall apply to the department personnel. In accordance with its academic personnel policies and regulations, the university may utilize and recognize the department's professional personnel as active members of its academic community.
H.(1) The principal office of the LTRC shall be the Transportation Research Center building located on Gourrier Avenue on the grounds of Louisiana State University and Agricultural and Mechanical College in Baton Rouge, Louisiana, provided to the LTRC by the university.
(2) The LTRC shall carry, for the mutual protection of the university and the department, with an appropriate loss payable clause in favor of the university, as their interest may appear, a public liability insurance policy. In addition, the department shall, at its expense, maintain a worker's compensation policy in the minimum amount necessary to meet the requirements of the Louisiana Worker's Compensation Act in regard to any work performed by the department on the premises.
(3) The university shall not transfer, assign or sublease said building or any part thereof to any person or persons, corporation or corporations as long as the LTRC is a functional entity. In the event the LTRC becomes nonfunctional, the department shall have first opportunity to lease the building should the university decide to lease it.
(4) If the building shall be destroyed or damaged by fire, storm, or other casualty, the university shall restore the building to substantially its former condition as promptly as is reasonably possible.
Acts 1986, No. 137, §1; Acts 1988, No. 451, §1; Acts 1995, No. 1018, §1.
A. The Department of Transportation and Development may assess reasonable registration fees to participants in transportation education courses offered by the Louisiana Transportation Research Center (LTRC) Transportation Training and Education Center.
B. The secretary shall promulgate rules and regulations in accordance with law to effectuate the provisions of this Section, to implement a registration fee policy, and to provide for the uses and disposition of the fees collected. All fees collected pursuant to this Section and the rules and regulations promulgated by the secretary shall be deposited into the LTRC Transportation Training and Education Center Dedicated Fund Account as provided for in Subsection D of this Section.
C. The rules and regulations may authorize the assistant secretary for project delivery or his duly authorized representative to assess reduced fees for governmental personnel and faculty and staff of colleges and universities, provided those entities meet all state and federal requirements for a fee reduction.
D. There is hereby created, as a special statutorily dedicated fund account in the state treasury, the LTRC Transportation Training and Education Center Dedicated Fund Account, hereinafter referred to in this Section as the "account". After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, an amount equal to the monies received by the state treasury pursuant to the provisions of Subsections A and B of this Section and rules and regulations adopted by the Department of Transportation and Development shall be deposited into the account. The monies so deposited shall be used to defray the expenses of the LTRC Transportation Training and Education Center in connection with the development, contracting, delivery, and administration of the center's transportation training program. Monies in the account shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of such monies shall be credited to the account after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana. Excess monies over and above the expenses of the center shall be distributed to workforce development programs and projects within the Department of Transportation and Development. All unexpended and unencumbered monies in the account at the end of any fiscal year shall remain in the account for use in subsequent fiscal years. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
Acts 2007, No. 49, §1, eff. July 1, 2007; Acts 2021, No. 114, §14, eff. July 1, 2022; Acts 2025, No. 380, §1.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
The secretary of the Department of Transportation and Development may employ a general counsel and such assistants as he finds necessary. The general counsel and his assistants shall be duly qualified and admitted to practice law in Louisiana. The secretary may fix the compensation of each.
Amended by Acts 1975, No. 151, §1; Acts 1977, No. 291, §1.
Repealed by Acts 1988, No. 448, §6, eff. July 1, 1988.
The general counsel to the department shall represent the secretary and the department in all matters for which the attorney general does not provide representation pursuant to R.S. 49:257.
Amended by Acts 1977, No. 291, §1; Acts 1988, No. 448, §4, eff. July 1, 1988.
The secretary of the Department of Transportation and Development and the state director of the Department of Veterans' Affairs may designate as ex officio notaries public a sufficient number of employees of their departments and they may, without charge or other compensation, administer oaths, take acknowledgments, and perform all other duties which any notary public is authorized by law to perform. However, their authority is limited to acts and instruments to which the department, the secretary, or the state director is a party and to the administration of oaths, affidavits, and other documents concerning any matter in which the department is interested.
The cost of each notarial seal shall be paid by the department.
Amended by Acts 1958, No. 67, §1; Acts 1962, No. 59, §1; Acts 1974, No. 675, §1; Acts 1977, No. 291, §1; Acts 1979, No. 506, §1, eff. July 13, 1979.
The secretary shall appoint a purchasing agent, who shall be the head of this section. The purchasing agent shall advertise, let, and execute, on behalf of the department, all contracts for the purchase of supplies, materials, and equipment, in accordance with the provisions of the laws regulating the department. He shall give bond in favor of the governor in the amount of ten thousand dollars, conditioned on the faithful performance of his duties.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §3, eff. July 11, 1979.
The secretary shall appoint a certified public accountant, duly qualified in this state, or an experienced cost accountant, to serve as the financial administrator, comptroller and disbursing officer for the department. He shall give bond in favor of the governor in the amount of ten thousand dollars, conditioned on the faithful performance of his duties.
Amended by Acts 1970, No. 414, §1; Acts 1977, No. 291, §1; Acts 1979, No. 413, §4, eff. July 11, 1979.
The financial services administrator has general charge of the accounting, disbursing and cost accounting of the department.
Amended by Acts 1970, No. 414, §1; Acts 1972, No. 428, §1; Acts 1979, No. 413, §5, eff. July 11, 1979.
The financial services administrator is the disbursing officer of the department. All checks, vouchers, or warrants in payment of the accounts of the department and the salaries of the employees thereof shall be signed by the financial services administrator and countersigned by another officer or employee designated by the secretary, under such rules and regulations as are prescribed by the secretary.
Amended by Acts 1970, No. 414, §1; Acts 1977, No. 291, §1; Acts 1979, No. 413, §6, eff. July 11, 1979.
Repealed by Acts 1999, No. 897, §4, eff. July 2, 1999.
Repealed by Acts 1999, No. 897, §4, eff. July 2, 1999.
Repealed by Acts 1999, No. 897, §4, eff. July 2, 1999.
A.(1) The department annually may expend a reasonable amount of the transportation trust fund for the establishment, construction, and maintenance of bicycle facilities. Bicycle facilities may be established wherever a highway, road, or street is being constructed, reconstructed, relocated, or as separate projects, unless the department determines the following:
(a) The roadway is one on which the presence of bicyclists and pedestrians is prohibited by law.
(b) The cost of providing bicycle facilities would be excessively disproportionate to the need or probable use. "Excessively disproportionate" is defined as exceeding twenty percent of the cost of the project.
(c) There is a sparsity of population which demonstrates absence of need or prudence, or future development is not anticipated.
(2) Bicycle facilities shall not be constructed in conjunction with preservation projects if the construction of the facility requires right-of-way acquisition, utility relocation, or major construction. Retrofits, including but not limited to narrowing lanes, restriping, and other general improvements, shall be considered in conjunction with preservation projects.
(3) When population levels and development demonstrates that bicycle facilities would fill a need and construction of the facility would require right-of-way acquisition, utility relocation, or major construction, the department shall work with a municipality or parish to identify funding for the facility as a separate project.
(4) Maintenance of sidewalks and bicycle facilities outside the limits of the curb or shoulder shall be the responsibility of the municipality or parish. Maintenance agreements shall be required.
B. Any municipality or parish may expend a reasonable amount of funds received from the parish transportation fund for the establishment, construction, and maintenance of bicycle facilities.
C. Repealed by Acts 2010, No. 618, §4.
D. The amount expended by the department as permitted by this Section may be at least one percent of the total funds appropriated to the transportation trust fund in any given fiscal year.
E. Any municipality or parish which receives funds from the parish transportation fund may expend at least one percent of those funds for the establishment of bicycle facilities. However,
(1) This Subsection shall not apply to a municipality in which the one percent equals two hundred fifty dollars or less, or to a parish in any year in which the one percent equals one thousand five hundred dollars or less;
(2) A municipality or parish in lieu of expending the funds each year may credit the funds to a special fund or account, to be held for not more than ten years, and to be expended only for the purposes required by this Section.
F. The department shall recommend construction standards for bicycle facilities.
G. The department shall provide a uniform system of marking bicycle facilities in accordance with the Manual on Uniform Traffic Control Devices, such system to be used on all facilities under the jurisdiction of the department and municipalities and parishes.
H. The department and municipalities and parishes shall restrict the use of bicycle facilities under their respective jurisdictions to pedestrians and nonmotorized vehicles, except for electric personal assistive mobility devices where such devices do not pose a hazard to the device users or other users of the facility.
Added by Acts 1974, No. 577, §2. Amended by Acts 1977, No. 291, §1; Acts 1999, No. 368, §1, eff. June 16, 1999; Acts 2010, No. 618, §§3, 4.
Repealed by Acts 1999, No. 897, §4, eff. July 2, 1999.
Repealed by Acts 1999, No. 897, §4, eff. July 2, 1999.
Repealed by Acts 1999, No. 897, §4, eff. July 2, 1999.
Funds deposited with the department as guarantees by persons obtaining permits for the installation of the things described in R.S. 48:344 and 381 shall be forfeited to the department and credited to the Transportation Trust Fund if the permit terms remain unsatisfied or the deposit has not been claimed after the elapse of five years from the date of issuance of the permit.
Added by Acts 1965, No. 62, §1. Amended by Acts 1977, No. 291, §1; Acts 1999, No. 897, §2, eff. July 2, 1999.
For the purposes of this Part, "board of highways" and "department of highways" shall mean the secretary of the Department of Transportation and Development and the offices of the department.
Added by Acts 1977, No. 291, §2.
A. There is hereby created and established a system of state highways which shall consist of fourteen functional classifications as follows:
(1) Urban highways described as:
(a) Urban-principal arterial-interstate.
(b) Urban-principal arterial-other freeways and expressways.
(c) Urban-principal arterial-other.
(d) Urban-minor arterial.
(e) Urban-major collector.
(f) Urban-minor collector.
(g) Urban-local.
(2) Rural highways described as:
(a) Rural-principal arterial-interstate.
(b) Rural-principal arterial-other freeways and expressways.
(c) Rural-principal arterial-other.
(d) Rural-minor arterial.
(e) Rural-major collector.
(f) Rural-minor collector.
(g) Rural-local.
B. The total length of the fourteen functional systems shall not exceed sixteen thousand six hundred seventy-five miles, and the additional length permitted herein is allowed solely for the purpose of adjustments that might become necessary from time to time within the sole discretion of the secretary, working in conjunction with the police juries or municipalities.
C. The location of all highways in the functional systems established hereby may be altered and amended by the secretary to such an extent and in such a manner as may be necessary for the purpose of meeting any requirements in order to obtain federal aid for road construction in Louisiana. The system of state highways created hereby shall consist of the above fourteen functional systems and the department shall maintain its current description in conformance with the same.
Amended by Acts 1955, No. 40, §2; Acts 1979, No. 187, §1; Acts 1993, No. 549, §1, eff. June 10, 1993; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 2019, No. 375, §1.
A. The department shall immediately establish and maintain design standards for the functional classifications of state highways, following the best engineering practices and experiences for the construction of all roads, bridges, drainage structures, or other work which may be necessary from time to time which said standards shall comply with all federal regulations necessary to obtain federal aid for road and bridge construction in Louisiana.
B. The department may take into the state highway system any parish or municipal road needed to complete a necessary segment of a road; however, the total length of the state highway system established hereby is not exceeded and said road taken into the state highway system will not necessarily delay the needed construction and maintenance of roads on the existing system. The department may negotiate an exchange of roads in any parish or municipality for roads on the state-maintained highway system provided that the roads taken into the system in said exchange will not necessarily delay needed construction and maintenance of roads on the existing system.
C. The department may at any time the need justifies transfer a state highway from one functional classification to another.
D. Notwithstanding any other provision of law to the contrary, it shall be unlawful to name any state highway except by an Act of the legislature.
Acts 1955, No. 40, §3; Acts 1990, No. 200, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997.
A. The department is hereby directed to repair and to keep in operating condition at its sole cost and expense, all municipal roads or streets which form a continuation of one of said highways; however, the final decision as to the designation or location of the particular municipal road or streets to be placed in the state system shall be left entirely up to the department. At the request of the governing authority of a municipality, the work may be contracted out to such municipality, but all such maintenance costs shall be paid for by the state, provided that the state shall not be responsible for the maintenance of sewers, street lighting, gas and water mains, and other public utilities. All damages to the streets or highways occasioned by the laying of sewers, street lighting, and other public utilities shall be paid by the owner thereof. The department shall control the parking on any highway which is hereafter constructed, widened, or relocated at the sole expense of the state. The department shall control signal lights and traffic other than parking on highways in the state system established hereby.
B. All new construction or relocation of roads, overpasses, underpasses, bridges, tunnels, or other highway betterment of roads in the state system located in municipalities shall be a cooperative effort between the municipality and the department; however, nothing herein shall prohibit a municipality from making contributions necessary to improve said highways beyond the standards fixed by the department. Nothing herein shall preclude the department from requiring railroads and such other public utilities which use the same from contributing to the payment of overpasses and underpasses and other traffic control devices, which contribution shall be reasonable under the circumstances and conditions to be determined by negotiation or arbitration. Nothing in this Subsection shall in any way affect the provisions of R.S. 33:3701 or any other general or special law applicable to municipal streets and to the extension of state highways through municipalities. Nothing herein shall be construed as altering the existing law concerning the removal of public utilities.
C. In order to create a more efficient system of state highways and to eliminate a duplication of effort and properly channel traffic through the said municipalities, each municipality of over five thousand in population in this state, according to the latest available census, shall develop and adopt a master street plan which shall be submitted for approval by the department which shall insure the proper location and integration of the state highway connections in the total city street plan, which shall be subject to revision as traffic conditions may require.
D. The department is fully authorized through its officers and officials to enter into all contracts and agreements with municipalities, parishes, road districts, or other public agencies of the state of Louisiana or of the United States, and all private individuals, partnerships, corporations, or other private legal entities necessary to carry out the provisions of R.S. 48:191 through 193.
E. All public roads, road projects, bridges, tunnels, or other highway betterment involving parish or municipal streets or roads made under the provisions of R.S. 48:191 through 193 or any other Act of the legislature in which state-allocated revenues are used in the construction thereof shall be constructed and maintained in accordance with engineering standards and procedures established by the department, and the department is fully authorized to withhold certification or approval to any such project or highway betterment unless it is constructed in accordance with the standards established by the department for the project.
F. Nothing contained in R.S. 48:191 through 193 shall permit the department to place in any of the functional classifications of state highways created thereby a greater total mileage than authorized by R.S. 48:191.
G. In any parish with less than one hundred miles of roads not on the state highway system, the police jury of the parish, with the approval of the department, may contract with the department to perform maintenance or construction work on parish roads under such terms as can be mutually agreed upon.
Amended by Acts 1955, No. 40, §4; Acts 1999, No. 363, §1, eff. June 16, 1999.
A. Nothing contained in this Part nor any other provision of this Title shall prevent the governing authority of East Baton Rouge Parish from undertaking highway construction projects financed entirely by parish funds on highways that are within the state highway system.
B. Such projects, however, are subject to the following:
(1) Only projects that are funded pursuant to a ballot measure approved by the voters of East Baton Rouge Parish on October 15, 2005, may be undertaken pursuant to this Section.
(2) All work shall be done in accordance with and the completed project shall meet all applicable standards of the Department of Transportation and Development.
(3) The plans for any such project are subject to review and approval by the chief engineer of the department, who shall, within thirty days after submission, review and approve or propose changes to plans submitted by the parish.
(4) The parish governing authority may proceed with the design and construction portions of the project when it deems appropriate subject to approval provided for in Paragraph (3) of this Subsection; however, the construction phase shall be coordinated with the department so as to minimize disruption of the flow of traffic on and near the site of the project, taking into consideration any other projects the department may be executing at the same time and rules and regulations of the department.
(5) Upon completion of the project, the section of highway shall be maintained by the department under the same terms and conditions as apply to any other portion of the state highway system.
Acts 2006, No. 413, §1, eff. June 15, 2006.
A. There is hereby created, as a special fund in the state treasury, the State Highway Improvement Fund, hereinafter referred to as the "fund." The source of monies in this fund shall be registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in such amounts as remain after payment of amounts due on bonds and related expenses as provided in the documents pursuant to which the bonds were issued under the provisions of R.S. 48:196.1. Beginning July 1, 2007, and each fiscal year thereafter, after satisfaction of the requirements of the provisions of R.S. 48:196.1 and compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, and after making the allocation for state highway fund No. 2, the New Orleans Ferry Fund, and the Regional Maintenance and Improvement Fund, the treasurer shall deposit into the fund the following amounts:
(1) For Fiscal Year 2007-2008, twenty-five percent of such collections.
(2) For Fiscal Year 2008-2009, seventy-five percent of such collections.
(3) For Fiscal Year 2009-2010 and thereafter, all of the collections.
B. The monies in the fund shall be subject to an annual appropriation by the legislature and only be used as provided in Subsection C of this Section. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned shall be deposited and credited to the fund. All unexpended or unencumbered monies remaining in the fund at the end of the fiscal year shall remain to the credit of the fund.
C. Monies appropriated from the fund shall be used exclusively by the Department of Transportation and Development for funding projects for any road which is part of the state highway system but not part of the federal system and, thus, is ineligible for federal highway funding assistance. Such projects shall include but not be limited to design, preventive maintenance, rehabilitation, restoration, and improvement of the state-maintained system of roads. In addition, these funds may be used to complete all of the preconstruction activities such as planning, survey, design, engineering, right-of-way acquisition, and utility relocations associated with such projects. These funds may also be used to compensate a parish or municipal governing authority for the acceptance of ownership of any road on the state highway system that is not part of the federal system pursuant to R.S. 48:224.1.
D. Effective July 1, 2025, the State Highways Improvement Fund, its indebtedness, and all non-federal aid routes within Louisiana shall fall under the exclusive purview of the office of Louisiana Highway Construction.
E. Notwithstanding any provision of the law to the contrary, the office of Louisiana Highway Construction is hereby authorized to redeem any bonds of the State Highway Improvement Fund prior to their maturity date.
Acts 2006, No. 708, §2, eff. July 1, 2006; Acts 2008, 2nd Ex. Sess., No. 11, §2, eff. March 24, 2008; Acts 2011, No. 390, §2, eff. July 1, 2012; Acts 2012, No. 135, §1, eff. July 1, 2012; Acts 2012, No. 865, §3, eff. Jan. 1, 2013; Acts 2013, No. 273, §2, eff. July 1, 2013; Acts 2019, No. 362, §5, eff. June 11, 2019; Acts 2021, No. 325, §1, eff. June 14, 2021; Acts 2025, No. 380, §1.
A. Notwithstanding any provision of law to the contrary, and as a grant of power in addition to any other general or special law, the State Bond Commission, hereinafter referred to as the "commission", on behalf of the Department of Transportation and Development, hereinafter referred to as the "department", may issue bonds, notes, certificates, or other evidences of indebtedness, hereinafter collectively referred to as the "bonds", for the purpose of funding projects for any road which is part of the state highway system but not part of the federal system and, thus, is ineligible for federal highway funding assistance which are included in the priority listing for the fiscal year pursuant to the highway priority program provided for in R.S. 48:228 through 233, and may pledge registration and license fees and taxes on trucks and trailers collected by the state pursuant to R.S. 47:462 for the payment of the principal and interest of such bonds. The commission is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or other sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or any other money of the commission, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds. Any bonds issued pursuant to the provisions hereof shall constitute revenue bonds under Article VII, Section 6 of the Constitution of Louisiana, and such bonds shall be payable solely from an irrevocable pledge and dedication of the registration and license fees and taxes collected by the state on trucks and trailers pursuant to R.S. 47:462, or other fees, rates, rentals, charges, grants, or other receipts or income derived by or in connection with an undertaking, facility, project, or any combination thereof, without a pledge of the full faith and credit of the state, hereinafter referred to as "revenues".
B. In accordance with the provisions of Article VII, Section 9(A)(6) of the Constitution of Louisiana, there is hereby established a special fund for the purpose of providing for the securitization of any bonds which may be issued pursuant to the provisions of this Section which shall include requirements for reserves and credit enhancement devices, all as may be provided in any resolution, trust agreement, indenture, or other instrument pursuant to which such bonds were issued. The fund shall be administered by a trustee as designated by the State Bond Commission. The source of monies for the fund shall be the registration and license fees and taxes on trucks and trailers collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481. All revenues received from such registration license fees and taxes as are necessary to provide for all requirements associated with the bonds as provided in this Section shall be classified and set aside in a separately identifiable fund or account outside of the state treasury but maintained by the state treasury and such revenues shall be assigned and pledged to the trustee under the documents pursuant to which the bonds were issued for the benefit of the holders of the bonds. Only after satisfaction of all requirements of this Section shall any monies received by the state from the registration and license fees and taxes on trucks and trailers pursuant to R.S. 47:462 and 481 be available for any other purposes, and specifically for the purposes provided for in R.S. 48:196.
C. Bonds issued under the provisions of this Section shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Section shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatsoever therefor or to make any appropriation for their payment.
D. Bonds shall be authorized by a resolution of the commission and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the commission, and be entitled to such priority on the revenues as such resolution or resolutions may provide.
E. Bonds shall be sold by the commission at public sale by competitive bid or negotiated private sale and at such price as the commission may determine to be in the best interest of the commission and the state.
F. Except for the provisions of R.S. 39:1367, the issuance of the bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of any political subdivision of the state or of any agency, commission, or instrumentality of the state. The bonds shall be issued in compliance with the provisions of this Section.
G. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the commission authorizing the issuance of bonds hereunder, any person in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds or the security therefor within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof, and all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed to be legal and shall be incontestable. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. Any suit to determine the validity of bonds issued by the commission shall be brought only in accordance with the provisions of R.S. 13:5121 et seq.
H. All bonds issued pursuant to this Section shall have all the qualities of negotiable instruments under the commercial laws of the state.
I. Any pledge of the revenues or other monies made by the commission shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the commission shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission irrespective of whether such parties have notice thereof. Any trust agreement or other instrument by which a pledge is created need not be filed or recorded except in the official records of the commission.
J. Neither the members of the commission nor any person executing the bonds shall be personally liable for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
K. Bonds of the commission, their transfer, and the income thereof shall at all times be exempt from all taxation by the state or any political subdivision thereof, and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Section shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for said deposits to the extent of their value. When any bonds shall have been issued pursuant to Subsection A of this Section, neither the legislature, the state, nor any other entity may act to impair any obligation or contract for the benefit of the holders of the bonds or discontinue or decrease the fees, taxes, rates, or other revenues pledged to the payment of the bonds authorized hereunder or permit to be discontinued or decreased said revenues in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of any fee, rate, or other revenues which would diminish the amount of the revenues to be received by the commission, until all such bonds shall have been retired as to principal and interest, and there is hereby vested in the holders from time to time of such bonds a contract right in the provisions of this Section.
L. The commission may provide by resolution for the issuance of refunding bonds pursuant to R.S. 39:1444 et seq.
M. The holders of any bonds issued hereunder shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the bonds, including but not by way of limitation, appointment of a trustee for the bondholders, and any other available civil action to compel compliance with the terms and provisions of the bonds and the resolution or trust agreement.
N. Subject to the agreements with the holders of bonds, all proceeds of bonds and all revenues pledged under a resolution or trust agreement authorizing or securing such bonds shall be deposited and held in trust in a fund or funds separate and apart from all other funds of the state treasury or of the department. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in such resolution or trust agreement.
O. The commission is authorized to employ all professionals it deems necessary in the issuance of the bonds.
P. The commission is authorized to enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts necessary, convenient, or desirable for the issuance of the bonds or to carry out any power expressly given in this Section.
Q. Any other provision of law to the contrary notwithstanding, any revenues deposited in the bond fund that are pledged to the repayment of any bonds issued in accordance with this Section may be collected and disbursed in accordance with the documents pursuant to which such bonds were issued.
Acts 2012, No. 135, §1, eff. July 1, 2012.
A.(1) Beginning January 1, 2013, through June 30, 2019, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, and after making the allocation for state highway fund No. 2, the treasurer shall deposit into the Transportation Trust Fund fifty percent of all funds derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parishes of Orleans, Jefferson, St. John the Baptist, St. Charles, Tangipahoa, and St. Tammany.
(2) Beginning July 1, 2019, and each fiscal year thereafter, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, after making the allocation for state highway fund No. 2 for the Greater New Orleans Expressway Commission, and after making the allocation for the New Orleans Ferry Fund pursuant to R.S. 48:25.2, and after making the allocation to the Regional Maintenance and Improvement Fund, the treasurer shall deposit into the Transportation Trust Fund fifty percent of the remaining monies derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parishes of Jefferson, St. Charles, St. John the Baptist, Tangipahoa, and St. Tammany.
B.(1) There is hereby created, as a special fund in the state treasury, the Regional Maintenance and Improvement Fund, hereinafter referred to as the "fund". Beginning July 1, 2019, and each fiscal year thereafter, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, after making the allocation for state highway fund No. 2 for the Greater New Orleans Expressway Commission, and after making the allocation for the New Orleans Ferry Fund pursuant to R.S. 48:25.2, the treasurer shall deposit into the fund fifty percent of the remaining monies derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in Jefferson Parish.
(2) The monies in the fund shall be subject to an annual appropriation by the legislature and shall be used only as provided in Paragraph (3) of this Subsection. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned shall be deposited and credited to the fund. All unexpended or unencumbered monies remaining in the fund at the end of the fiscal year shall remain to the credit of the fund.
(3) Monies in the fund shall be appropriated to Jefferson Parish and used exclusively for maintenance and improvements along the Westbank Expressway US 90 Business corridor located in Jefferson Parish, including the operation and maintenance of all lighting previously operated and maintained by the Department of Transportation and Development.
Acts 2012, No. 866, §2, eff. Jan. 1, 2013; Acts 2019, No. 362, §5, eff. June 11, 2019; Acts 2021, No. 315, §1.
When the Secretary or his designee is of the opinion that the requirements of the public and of the department can be provided for by the use of microfilm copies of the original files and documents, such originals may be destroyed three years following the date when the record was made and the microfilm copies thereof shall be admissable in evidence in all courts and administrative agency proceedings in accordance with the provisions of R.S. 44:39.
Added by Acts 1982, No. 123, §1.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
A. The secretary shall cause to be prepared an annual budget for each fiscal year ending June thirtieth. The annual budget shall show an accurate estimate of all available revenues, which revenues shall be completely allotted to specific purposes and individual projects, except that an allotment not to exceed four percent of the revenues from state sources for each fiscal year for unspecified emergency purposes may be made, which shall be subject, however, to approval by the secretary and the legislative budget committee. The budget shall be sent to the governor for incorporation into the executive budget and then to the legislature for enactment.
B. Allotments unexpended during the fiscal year shall be carried over to the next fiscal year and remain allotted to the same project until completion of the project and liquidation of the costs thereof. The department shall report to the Joint Legislative Committee on the Budget annually describing the reasons for such unexpended allotments and identifying any delays experienced in the associated projects.
C. Disbursements on specific projects shall be budgeted against allotments made for the specific project. The annual budget shall include a capital outlay program for a total of five years which the secretary recommends be undertaken within the period, arranged in a manner which will indicate the relative priority of such projects as money becomes available. Copies of the budget shall be made available to the public.
D. The adoption of the capital budget act for the first year of the five-year program shall constitute an appropriation or allocation of the sums specified therein for the first year only for the purposes specified. The secretary shall be responsible for the enforcement of the capital outlay budget of the department, shall establish procedures, rules and regulations for enforcement, and shall have emergency authority to vary from the budget.
Amended by Acts 1968, No. 342, §1; Acts 1970, No. 305, §1; Acts 1977, No. 291, §1; Acts 2001, No. 1032, §16; Acts 2025, No. 380, §1.
Repealed by Acts 2011, No. 175, §1, eff. June 24, 2011.
A. Except as otherwise provided in this Chapter, when the purchase exceeds twenty-five thousand dollars or exceeds a higher dollar amount established by the governor's most recent and effective executive order relative to small purchase procedures, the department shall give reasonable notice through the chief purchasing agent by advertising and by either of the following:
(1) Written notice mailed to persons who furnish the class of commodities involved.
(2) Notice sent through an electronic interactive environment to persons who furnish the class of commodities involved.
B. Except as otherwise provided in this Chapter, such purchases shall be made only on award to the lowest responsible bidder in response to requests for bids published in the state. Requests for bids shall be published ten days or more prior to the date set for opening the bids. The published advertisement and the specifications shall fix the exact place and time for presenting and opening of the bids. The presenting and opening of the bids shall be publicly performed on that day. Bids will be publicly read whenever interested parties are present. The practice of dividing proposed or needed purchases into separate installments of less than twenty-five thousand dollars each or the higher effective amount determined by the governor's executive order for the purpose of evading this provision is expressly prohibited.
C. If, in the judgment of the secretary, no satisfactory bid has been received in any case, he may reject all bids. In such case, he shall advertise for new bids as provided in this Section. Until a satisfactory contract is awarded, he may authorize the purchasing agent to make such open market purchases of the commodities involved as are urgently required to meet the requirements for not more than thirty days.
Acts 1991, No. 878, §1, eff. July 23, 1991; Acts 1997, No. 1411, §1, eff. July 15, 1997; Acts 2008, No. 82, §1, eff. July 1, 2008; Acts 2022, No. 256, §1, June 3, 2022.
If the secretary requires that a formal contract be entered into between the successful bidder and the department, covering any purchase for which bids are required, he may require that the bids submitted be accompanied by a certified or a cashier's check, or by a postal or bank money order, as he may determine, for an amount designated by him. The check or money order shall be forfeited to the department if the bidder to whom the contract is awarded fails to sign the contract within ten days after having received notice of award from the department. Check or money orders of unsuccessful bidders shall be returned to them.
The successful bidder may, in any instance, be required to furnish a bond in an amount determined by the secretary, not more than the amount of the bid, conditioned upon the faithful performance of the contract.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 179, §1, eff. July 3, 1979.
A. When recommended by the assistant secretary for project delivery, the assistant secretaries, or the executive directors of the various offices and divisions of the department and when in the opinion of the secretary the best interest of the state will be served, emergency purchases of commodities, materials, supplies, equipment and miscellany, or purchases or leases of noncompetitive or patented articles, devices, equipment, or commodities may be negotiated and made without requesting bids. However, the essential documents authorizing these purchases or leases shall have written on their face the explicit reasons supporting the necessity for these leases or purchases.
B. When sections of highway, the component parts thereof, or any facility under the control of the department are damaged, obstructed, or destroyed by storms, floods, collisions, or other occurrences of violence, so as to impede or interrupt the normal use of the highway or facility, the secretary may make, or authorize to be made, without requesting bids, such emergency purchases as are required to temporarily repair the highway or facility until permanent repairs can be made. Such temporary repairs shall be held to the minimum necessary and plans shall immediately be started for the permanent rehabilitation of the highway or facility.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §6, eff. July 11, 1979; Acts 1984, No. 625, §1; Acts 2025, No. 380, §1.
The department may purchase, without advertising, surplus equipment, materials, and supplies offered for sale by the federal government, or its agencies, at the minimum prices established by the federal government or its agencies, when, in the discretion of the secretary, the purchases would be to the interest of the state.
Amended by Acts 1977, No. 291, §1.
Repealed by Acts 1977, No. 291, §3
Any sale made to the department in violation of any provision of this Chapter relating to competitive bidding or to advertisement for bids is absolutely null and void.
The department shall adopt and use a modern system of accounting, auditing, and cost keeping in accordance with the best practices. The recommendation of the United States Department of Transportation and the American Association of State Highway and Transportation Officials for uniform accounting practices for transportation departments shall be given full consideration in the method of accounting adopted for the department.
Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
A. The department may enter into any agreements with the federal government or with any federal agency for the purpose of building or improving public highways, flight strips and public transportation facilities to the extent that the federal government or its agency is authorized by federal statutes to enter into such agreements, and with the same limitations.
B. The department may enter into agreements with federal agencies for the construction, operation, and maintenance of toll roads and toll bridges. It may negotiate loans from these agencies and provide the security therefor required by the federal agency. However, these projects shall be completely self-liquidating both as to cost of construction and as to cost of maintenance and operation during the term of any loan. The principal amount of such a loan or loans shall be amortized within a period of twenty-five years from the date of its making. The aggregate amount of such loan or loans shall at no time exceed five million dollars. When the cost of construction has been amortized, the department may continue to collect a nominal toll to defray the expenses of operation and maintenance or, in addition, to provide a surplus to offset depreciation.
C. During any period that the United States is in a state of war, the secretary, when so authorized in writing by the governor, may make available to the federal government or its armed forces any property, equipment, or personnel required in the national interest for purposes which the property, equipment, or personnel will appropriately serve. Appropriate commitment records shall be made with and receipt records obtained from commissioned officers of the armed services or other federal officials with authority to so act.
D. The department may enter into any agreements with the federal government or with any federal agency for the purpose of establishing and administering a railroad safety and inspection program to the extent that the federal government or its agency is authorized by federal statutes to enter into such agreements, and with the same limitations.
Amended by Acts 1977, No. 291, §1; Acts 1978, No. 133, §1.
The department may enter into agreements with adjacent states for the joint construction, operation, and maintenance of interstate bridges over streams or other waters and for any other matters that properly concern the construction, operation, and maintenance of public highways.
A. The office of multimodal planning of the Department of Transportation and Development is hereby designated as the state safety oversight entity pursuant to 49 U.S.C. §5329(e)(4).
B. As the state safety oversight entity, the office shall have the following powers and duties only to the extent necessary to fulfill its obligations under federal law:
(1) Enter onto and inspect the property of operators of fixed guideway rail systems receiving federal funds without prior notice to such operators.
(2) Audit operators of fixed guideway rail systems receiving federal funds for compliance with federal and state laws regarding the safety of fixed guideway rail systems and compliance with a public transportation agency safety plan adopted by a specific operator pursuant to 49 U.S.C. §5329(d).
(3) Direct the operator of a fixed guideway rail system to correct a safety hazard by a specified date and time.
(4) Take legal action in a court of competent jurisdiction to compel an operator of a fixed guideway rail system to correct a safety hazard, or to prevent the operation of all or part of a fixed guideway rail system that the office has determined to be unsafe.
(5) Audit, review, approve, and oversee operators of fixed guideway rail systems receiving federal funds for compliance with a plan adopted by a specific operator in compliance with Title 49, Section 5329(d) of the United States Code.
(6) Enforce statutes, regulations, executive orders, and rules relating to the operation of a fixed guideway rail public transportation system in Louisiana.
(7) Implement such rules and regulations as may be necessary in order to comply with this Section, and as may be promulgated by the Department of Transportation and Development, in accordance with the Administrative Procedure Act.
Acts 2014, No. 170, §1.
Repealed by Acts 1974, No. 336, §3.
The department may join and participate in associations formed by like departments of other states, territories, or foreign governments and with the United States Public Roads Administration or its successor, for the development and propagation of information concerning the construction, maintenance, and operation of public highways and the promotion of ideas concerning the safety and convenience of traffic thereon.
A.(1) The department may by donation, purchase, exchange, lease, or expropriation, without any competitive bidding, acquire any immovable property, public or private, or the use thereof, including servitudes, lands, and improvements on lands necessary for the right-of-way of any highway included in the state highway system or any appurtenance thereto and for any of the purposes of this Chapter, including whatever property rights are necessary to restore access to property that has been landlocked by highway construction or those property rights which are necessary for the relocation of public utility and railroad facilities to accommodate the construction and maintenance of a state highway and the appurtenances thereto.
(2) Upon application by the owner of property which is necessary for the highway right-of-way of a project established and approved under the Transportation Infrastructure Model for Economic Development, as provided for in Part VI of Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the department shall commence negotiations with the property owner to acquire the property. Negotiations may begin upon verification through the preliminary planning process that the property is required for the right-of-way. However, no property shall be acquired under the provisions of this Paragraph until the director of real estate has determined that sufficient funds are available.
B. Where the consent of a property owner has not been otherwise obtained, the Department of Transportation and Development and its authorized agents and employees shall also have the power to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or convenient for the purpose of this Chapter and Section, and such entry shall not be deemed a trespass, nor shall such entry for such purpose be deemed an entry under any eminent domain proceedings which may be then pending, provided that registered notice of five days to resident owners and fifteen days to nonresident owners shall be given to the last record property owner as reflected by the parish assessment rolls, which said notice shall be mailed to the last known and recorded address of said owner as reflected by said assessment records.
C. The Department of Transportation and Development shall make reimbursement for any actual damages resulting to such lands, waters, and premises as a result of such activities.
D. In order to facilitate the acquisition of servitudes for the relocation of public utility and railroad facilities, the Department of Transportation and Development shall promulgate rules and regulations in accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et seq.).
Acts 1987, No. 642, §1; Acts 2003, No. 180, §1.
The department shall cause to be recorded copies of all right-of-way maps relative to highway projects for which immovable property was acquired or a right-of-way or servitude affecting or involving immovable property was obtained, said recordation to be made in the parish in which the immovable property is situated.
The department may reduce to size of such copies for convenience and they shall be accepted and filed in a suitable place by the clerks of court without cost to the department.
Added by Acts 1970, No. 501, §1.
Where it is necessary to acquire a right of way over, or the title to, private property in order to carry out the purposes of this Chapter and the owner thereof is unable to agree with the department as to the purchase price or charge therefor or is otherwise unwilling to transfer either the title to or the right of way over the property, the department may proceed to expropriate the property or the right of way thereover under the general expropriation laws of the state. The proceedings shall be brought in the name of the state and shall be tried as summarily as possible, either in term time or vacation.
In expropriating lands for rights of way, if any improvement of the landowner or any crops upon the land are damaged or destroyed by the location of the right of way, the owner may recover compensation, in addition to the compensation for the property or the right of way, for the actual injury to or destruction of the improvement or crop.
Amended by Acts 1977, No. 291, §1.
After the department has laid out a highway or other facility undertaken by the Department of Transportation and Development over a certain tract of land and the work thereon has commenced without objection on the part of the landowner, the landowner may not prevent or retard the construction thereof by any legal process, but is limited to an action for damages.
Amended by Acts 1977, No. 291, §1.
A. The width of rights-of-way for highway construction shall be fixed by the chief engineer of the Department of Transportation and Development. Generally, the width may be fixed in a manner sufficient, in the judgment of the chief engineer, to provide presently and in the future for the public interest, safety, and convenience. Specifically, the width may be fixed in a manner sufficient to adequately accommodate the future improvement of the highway by the construction of additional lanes of pavement, service roads, intersections, traffic distribution devices, and grade separations. It may be fixed to provide sight distances and insure stability and lateral support for the embankments, structures, and appurtenances to the highway and to provide for proper drainage.
B. Notwithstanding any provision of law to the contrary, fences may be erected up to, but not within, the boundary of the designated right-of-way of any road or highway in Ward 1 or Ward 5 in Beauregard Parish.
Amended by Acts 1977, No. 291, §1; Acts 1997, No. 115, §1.
Whenever the department of highways, under its statutory authority takes over an existing road from a parish or municipality, unless there is an agreement between the two agencies to the contrary, the department shall acquire all of the rights which the ceding agency possessed with regard to the ceded road or street. In those instances where the highway was constructed by the parish or municipality without a recorded conveyance or dedication of the right of way by the landowner, and in those instances where the department has constructed a highway without a recorded conveyance or dedication by the landowner, the width of the right of way servitude for the said highway shall include the roadway, shoulder, roadside ditch and an area extending one and one-half feet beyond the rear or outside slope of the roadside ditch. Nothing herein shall affect title to any buildings or fences, nor require their removal without payment of just compensation therefor, nor shall anything herein affect title to the soil beneath the highway right of way nor to any minerals thereunder. The existence of the highways for a period in excess of three years shall vest title to the right of way servitude in the Department of Highways.
Added by Acts 1976, No. 630.
A.(1) When, as a result of the acquisition of a part of a parcel of property, or of a lot if the parcel was subdivided, the remaining part of the parcel or lot has an area which is less than fifty percent of the area of the original or when the greater linear dimension of the remaining part, measured from the nearer right of way line and perpendicular to the axis of the road, is less than fifty feet, the department may acquire by purchase or expropriation the remainder of the parcel or lot.
(2)(a) When the department has acquired property in excess of the width or area required for departmental purposes or determines that certain property is no longer needed for its purposes, such property may be sold to the highest bidder after advertisement for bids twice within a thirty-day period provided the final advertisement appears at least fifteen days prior to sale in the official journal of the parish in which the property is located. However, the secretary shall offer to sell such property at a private sale to the vendor or the vendor's successors in title who sold such property to the department upon payment of its present appraised market value. However, the secretary shall first offer to sell such property to the vendor's successors in title, or to the owner of the land whose property or any portion thereof is separated from a highway by such excess area, upon payment of the present appraised market value.
(b) Notwithstanding any provision of law to the contrary, when the department has amicably acquired property that was identified as an uneconomic remainder at the time of acquisition, there shall be no obligation to offer such property at private sale to the vendor or the vendor's successors in title. This Subparagraph shall apply only to property amicably acquired subsequent to July 1, 2016.
(3) The advertisement shall accurately describe the location of the property, all the conditions of sale, and the exact time and place where the bids will be presented, opened, and read. All bids shall be publicly presented, publicly opened, and publicly read on the same day presented.
(4) If excess immovable property authorized to be sold pursuant to this Section is not purchased at public or private sale as provided in this Section, or if the cost of advertisement is greater than the fair market value of the property so that the property lacks a positive net value to the department, the secretary may do any of the following:
(a) Donate the property pro rata to the adjacent landowner or landowners.
(b) Convey ownership of the property to any political subdivision in which the property is located or to the division of administration.
(c)(i) Use a real estate broker licensed in Louisiana to sell the property. The selling price of the property may be as determined in the department's last available appraisal, or the cost of the advertisement, whichever is greater. In the event of the sale of the property, the department may pay the broker a commission not to exceed twenty-five percent of the sale price of the property.
(ii) Notwithstanding any provision of law to the contrary, the sale of property in accordance with the provisions of Item (i) of this Subparagraph shall be limited to property identified by the department as an uneconomic remnant.
(iii) For the purposes of this Subparagraph, the term "uneconomic remnant" means a parcel of immovable property acquired by the department where the department determined that any remaining partial interest in the owner's property would have little or no value or utility to the owner.
(iv) The department may promulgate rules and regulations necessary to implement the provisions of this Subparagraph pursuant to the Administrative Procedure Act. The rules and regulations shall require the Department of Transportation and Development to solicit all real estate brokers licensed in Louisiana and establish a registry of qualified real estate brokers to list the property to be sold in the multiple listing service database in the region where the property is located.
(5)(a) When houses, buildings, or other structures are acquired by the department for which the estimated value of sale for salvage and removal is more than thirty thousand dollars or the estimated cost of demolition is more than thirty thousand dollars, the proposed sale or demolition shall be advertised for bids once, at least fifteen days prior to the receipt of bids, in the official journal of the parish in which the property is located.
(b) If the estimated value of salvage of houses, buildings, or other structures is less than required for advertisement, or if the cost of demolition is less than thirty thousand dollars, the department may arrange for salvage or demolition by letter bids. The bids shall be solicited from the list of contractors who have submitted their names in response to an annual advertisement for placement on the department's list of demolition and salvage contractors. The department shall contract for salvage or demolition to the bidder that provides the greatest monetary benefit to the department.
B. The secretary, in addition, may exchange immovable property as referenced in Subsection A of this Section by private conveyance for immovable property needed for the construction or maintenance of a state highway, provided that the immovable property sought to be acquired by exchange shall have a present appraised market value equal to or greater than the present appraised market value of the excess or surplus immovable property owned by the department which is to be exchanged.
C. Repealed by Acts 2008, No. 298, §2.
Amended by Acts 1962, No. 199, §1; Acts 1977, No. 291, §1; Acts 1980, No. 373, §1; Acts 1987, No. 227, §1; Acts 1993, No. 1028, §1, eff. June 27, 1993; Acts 2008, No. 298, §§1, 2; Acts 2016, No. 464, §1, eff. July 1, 2016; Acts 2018, No. 285, §1, eff. May 18, 2018; Acts 2018, No. 386, §1, eff. May 20, 2018.
The department may acquire by purchase, lease, donation, or expropriation and may operate any gravel bed, fill or rock deposit, marble or granite quarry, or land from which earth can be obtained, or other natural resources or deposits susceptible of being used for the construction or maintenance of state highways or bridges, if the needs of the state in the construction and maintenance of highways will be best served by the acquisition.
A. The department may construct canals, ditches, or drains sufficient in its judgment to properly drain any highway embraced in the system of state highways constructed or to be constructed through any lands of private persons. The rights of way for these canals may be acquired in the same manner and on the same basis of compensation as provided for acquiring rights of way for highways.
B. Except as provided in Subsection F herein, no highways shall be occupied by drainage canals or ditches except those drainage canals and ditches excavated, operated, and maintained by the department for the purpose of draining the highway. The department may prohibit and prevent the connection of any drainage canal or ditch or any other system of drainage canals or ditches with the canals or ditches on a highway.
C. The agents and employees of the department, under the direction of the chief engineer, may enter and clean or improve by widening and deepening, if necessary in the opinion of the chief engineer, such natural and public drainage channels, ditches, or canals that are adjacent to and form part of the drainage system of any state highway.
D. The blocking or impeding of any drainage ditch on, along, or across a highway, or the blocking or impeding of any natural drainage crossed, by any means is prohibited.
E. When any drainage area discharges naturally across a highway through a bridge, culvert, or other device, the department may prohibit and prevent any action which, by discharging into such a drainage area additional water not naturally falling within that area, or which, by increasing the run-off in the channel or channels across the highway, will jeopardize the safety and integrity of the structures across the highway.
F.(1) The Department of Transportation and Development is hereby authorized to issue a permit to a local governing authority for construction of a drainage project located within the highway right-of-way. Such permit may be issued if it is the opinion of the department that the drainage project is consistent with the purposes of the highway, the right-of-way of that highway, and will in no way have a negative impact on either the highway or the right-of-way of that highway.
(2) Maintenance of any drainage project constructed under the provisions of this Subsection shall be the responsibility of the local governing authority which constructed the project and shall not be the responsibility of the department.
(3) The department shall promulgate rules for the issuance of such permits and shall submit such rules for review by the House and Senate Committees on Transportation, Highways and Public Works under the Administrative Procedure Act.
G. Upon request of the department, the state police shall issue a citation to any person who is in violation of this Section. Every person who is convicted of a violation of this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned not more than thirty days, or both.
Amended by Acts 1977, No. 291, §1; Acts 1997, No. 242, §1, eff. June 17, 1997; Acts 2006, No. 11, §5; Acts 2010, No. 233, §2.
A. When the secretary determines that certain sections of the state highway system cease to be used by the public to the extent that the original public purpose is no longer being served, he may by appropriate declaration, accompanied by a plat or sketch duly recorded in the parish where the property is located, declare that the highway is to be abandoned.
B. Prior to declaring the abandonment of a highway or highway section, the secretary shall send notice to the governing authority or authorities as well as all public utilities with recorded right-of-way agreements or permits and/or recorded holders of right-of-way permits affected by such abandonment through which the highway or highway section passes, of his intention. The secretary shall also send notice to each member of the legislature in whose district the highway or highway section is located. The governing authority or authorities shall indicate a willingness and desire to accept the highway or highway section proposed to be abandoned and to operate and maintain the highway as part of the governing authority's system and shall issue a resolution stating the conditions of the acceptance.
C. If the governing authority or authorities are unwilling to accept and maintain the highway or highway section to be abandoned, or in the event of the abandonment of any property acquired and used for right-of-way purposes, the realignment of which has been changed so as to make the right-of-way no longer needed for the original purpose, the secretary may at his discretion dispose of the property at either public or private sale. Private sale shall be limited to the original vendor of the property or his successors in title. If the sale is to the original vendor of the property, the consideration for the private sale shall be the original cost to the department or its appraised market value, whichever is greater. If the sale is to the successors in title to the original vendor, the consideration for the private sale shall be the present appraised value. If sold, notice of abandonment of the roadway shall be posted in accordance with Subsection E of this Section. If the property cannot be sold at either public or private sale, then abandonment may be accomplished as provided in Subsection E of this Section or transferred to the Department of Conservation and Energy, state lands section.
D. However, nothing in this Section nor in Section 221 shall be construed as requiring the department to abandon or sell any property or property right, especially where local service or frontage roads, or the closing or portions of lanes in multilane highways are concerned. Further, where the secretary determines there is no market for any area owned by the department or over which it has a servitude, that portion may be abandoned in accordance with the general laws of the state.
E. When the governing authority or authorities are unwilling to accept and maintain the highway or highway section to be abandoned and the department has only a servitude, abandonment by the department by providing proper legal notice, recordation of the declaration of abandonment as provided herein and posting of adequate signs shall constitute abandonment. The department shall have no further obligation or liability in connection with the servitude.
F. Abandonment of highways or highway sections previously made to public entities other than parish governing authorities are hereby ratified.
Amended by Acts 1977, No. 291, §1; Acts 1980, No. 536, §1; Acts 1985, No. 489, §1; Acts 1992, No. 349, §1, eff. June 17, 1992; Acts 2001, No. 1032, §16; Acts 2023, No. 150, §19, eff. Jan. 10, 2024.
A. Upon receipt of a proper resolution submitted by a parish or municipal governing authority to the secretary indicating its conditions, willingness, and desire to incorporate into the parish or municipal road system a road on the state highway system and to assume the maintenance thereof and with the approval by a majority of the legislative delegation from such parish or municipality, the secretary may at his discretion accept the resolution and remove the road from the state highway system and it shall thereafter form a part of the parish or municipal road system. As a condition of such transfer, the department may provide a thing of value, including but not limited to credits towards future construction projects, payment of funds, or satisfaction of debt owed to the department. Such thing of value shall be equal to the amount of the present value of the forty-year projected future maintenance cost of the road to be transferred and may be funded by the department as a capital project. Any funds transferred to a parish or municipality as provided in this Subsection may be expended on any activity allowed under R.S. 48:753. Any condition of transfer shall be reduced to writing by the parties. The department may execute such agreements with any parish or municipality.
B. Upon receipt of a proper resolution submitted by a parish or municipal governing authority to the secretary indicating its conditions, willingness, and desire to exchange one or more roads on the parish or municipal road system for one or more roads on the state highway system and assume the maintenance thereof and with the approval by a majority of the legislative delegation from such parish or municipality, the secretary may at his discretion accept the resolution, incorporate said roads from the parish or municipal road system into and remove said roads from the state highway system, and they shall thereafter form respective parts of said system.
C. Upon completion of the transfer or exchange and any conditions of the resolution, the department shall cause to be recorded the transfer of any immovable property, said recordation to be made in the parish in which the immovable property is situated.
D. The department may promulgate rules in accordance with the Administrative Procedure Act to implement the provisions of this Section.
E. Effective July 1, 2025, the office of Louisiana Highway Construction shall have exclusive authority to enter into agreements provided in this Section for non-federal-aid eligible routes in the states' highway system.
Added by Acts 1979, No. 185, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 2016, No. 458, §1; Acts 2021, No. 325, §1, eff. June 14, 2021; Acts 2025, No. 380, §1.
The department may, by lease, donation, purchase, or exchange, acquire or erect any buildings and structures that, in the opinion of the secretary, are required in conducting the business of the department.
Amended by Acts 1977, No. 291, §1.
Prescription does not run against immovable property or rights thereto legally acquired by the department for use as right of way for public highways or facilities.
Amended by Acts 1977, No. 291, §1.
The Department of Transportation and Development is hereby authorized to lease after public bid for commercial and other purposes not repugnant to the state, lands beneath elevated expressways owned and maintained by the department.
Added by Acts 1970, No. 432, §1. Amended by Acts 1977, No. 291, §1.
The department shall divide the roads comprising the state highway system into fourteen functional classifications, as provided in R.S. 48:191, and shall establish current standards for their functional classification. It shall undertake a continuing study of the needs of the various highways for the purpose of bringing existing highways up to current standards or for replacement of existing highways where required, and shall keep the information so developed up-to-date through a continuing annual needs study. The department shall provide the legislature with an estimate of present day costs of bringing the various highways up to the standard of the functional classification to which each highway is assigned
Added by Acts 1974, No. 334, §1. Amended by Acts 1977, No. 291, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 2019, No. 375, §1.
A. The department shall further prepare and continually update a master plan for maintenance of the various roadway systems based upon characterization of all state-maintained roadways through a condition type summary. All state road systems shall be categorized as follows:
CATEGORY 1--shall consist of those roads constructed within the past five years and within such condition that all require only routine maintenance activities, including but not limited to roadside vegetation, litter control, sign maintenance, minor repairs to the surface, shoulders, and embankment.
CATEGORY 2--shall include those roadways constructed beyond a five-year period with conditions requiring more than routine maintenance chores. These roadways would require a combination of department forces supplemented with purchase order type contracts.
CATEGORY 3--shall include those roadways which require light rehabilitation including but not limited to joint replacement or heavy patching by purchase contract, as well as routine and heavy maintenance by department forces.
CATEGORY 4--shall include those roadways which require heavy rehabilitation in the form of overlay or extensive joint replacement by purchase order contract. At a minimum, routine maintenance shall be performed on these roads.
CATEGORY 5--shall include those roadways which require reconstruction on the basis of the annual needs study and those roadways included in the Resurfacing, Reconstruction, Rehabilitation, and Restoration Program. At a minimum, sign, roadside vegetation, and emergency maintenance for safety shall be performed on these roads.
B. The department shall provide to the Joint Legislative Committee on Transportation, Highways, and Public Works, semiannually, a status report on the work accomplished and the funds encumbered and/or expended on maintenance projects as provided in Subsection A above. The department shall notify the Joint Legislative Committee on Transportation, Highways, and Public Works in writing, on a current basis, of all contracts, bids to be let, and/or work to be done by the department on maintenance projects as provided in Subsection A above.
Acts 1987, No. 515, §1; Acts 1997, No. 433, §1, eff. July 1, 1997.
Added by Acts 1974, No. 334, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 1999, No. 654, §1, eff. July 1, 1999; Acts 2001, No. 1032, §16; Acts 2003, No. 741, §1; Acts 2004, No. 171, §1, eff. June 10, 2004; Acts 2013, No. 109, §1; Acts 2015, No. 355, §2, eff. March 14, 2016.
A. The legislature declares it to be in the public interest that a prioritization process for construction be utilized to develop a Highway Priority Program that accomplishes the following:
(1) Prioritizes above all else, transparency to the public and the accuracy of project delivery timelines, financial means, and the nature and scope of projects.
(2) Brings the state highway system into a good state of repair and optimizes the usage and efficiency of existing transportation facilities.
(3) Improves safety for motorized and nonmotorized highway users and communities.
(4) Supports resiliency in the transportation system, including safe evacuation of populations when necessitated by catastrophic events such as hurricanes and floods.
(5) Increases accessibility for people, goods, and services.
(6) Fosters diverse economic development and job growth, international and domestic commerce, and tourism.
(7) Fosters multimodalism, promotes a variety of transportation and travel options, and encourages intermodal connectivity.
(8) Encourages innovation and the use of technology.
(9) Protects the environment, reduces emissions, and improves public health and quality of life.
(10) Fosters reliability and efficiency of the state highway network for workforce development and workforce access purposes by considering and bolstering connection to employment clusters and higher educational institutions through integration with local roads, transit, rail, or other intermodal options.
B. The department shall provide the legislature and public with this program which shall list projects to be constructed in the ensuing fiscal year in an order of priority that is determined after projects selected pursuant to Subsection C of this Section are analyzed and prioritized based upon the factors set forth in Subsection A of this Section.
C. The projects to be included in the Highway Priority Program shall be selected utilizing a process based on an objective analysis that considers, at minimum, the following factors relative to the cost of the project and anticipated revenues to be appropriated by the legislature:
(1) The condition of the roads, streets, and structures making up the state highway system and the relative urgency of the improvements considering in their order of general needs. For purposes of this Paragraph, "condition" shall include but not be limited to the state of repair of the existing roadway and shoulder surfaces, structures and drainage, and other factors of the roadway, such as signs, signals, markings, and barriers.
(2) The type and volume of traffic on a particular segment of roadway, highway, or bridge.
(3) The crash records for a particular segment of roadway, highway, or bridge.
(4) The technical difficulties in the preparation of plans and the procurement of rights-of-way for a particular segment of roadway, highway, or bridge.
(5) Whether unforeseeable emergencies such as floods have created an immediate need for improvement or reconstruction.
(6) Whether capacity improvements are warranted due to population or traffic volume increases in specific geographic areas.
(7) Whether or not the highway or bridge is or will be on an evacuation route utilized to evacuate large populations due to catastrophic events such as hurricanes or flooding.
(8) Whether the improvement to or addition of a highway or bridge will benefit the economic development potential of the state.
D. Prior to selecting a project for inclusion in the program based on the factors set forth in Subsection C of this Section, the department shall screen all projects submitted for inclusion in the program to determine whether they are consistent with the most recent Statewide Transportation Plan and warrant inclusion in the program. The results shall be published on the department's website in a format that identifies submitted projects that were not included in the program.
E. No later than October first of each year, the department shall make public, in an accessible and accurate format, the results of the screening and analysis of projects pursuant to this Section.
F. The department shall include in its annual submission of the highway priority program a detailed list of any changes to the previous year's program, along with an explanation of the reasons such changes were made. It shall be the goal of the department to ensure that at least ninety percent of its projects in the program progress as provided for in the previous year's program submission. The legislative auditor shall monitor the program and make an annual determination of the percentage of accuracy.
G. The department shall consult with Louisiana Economic Development to understand and achieve site development goals when fixing the priorities of projects as required by this Section.
H. The department shall provide a report on the status of projects included in the Highway Priority Program to the House and Senate committees on transportation, highways and public works annually.
Acts 2015, No. 355, §1, eff. March 14, 2016; Acts 2025, No. 380, §1.
The department also shall provide to the legislature annually an additional list of projects proposed to be commenced within the ensuing four years which are in various stages of planning and preparation. This list shall be subject to change by the department until the department finally approves each project for construction.
Added by Acts 1974, No. 334, §1.
A.(1) Not later than October first of each year, the department shall provide a proposed program of construction for the coming fiscal year to the Joint Committee on Transportation, Highways and Public Works.
(2) The committee shall hold public hearings in each highway district for the purpose of reviewing priorities for the coming fiscal year.
(3) At each public hearing, the department shall provide each House of Representatives and Senate member with a map indicating the following regarding projects within their respective House or Senate district:
(a) All projects proposed for construction within their district for the coming fiscal year.
(b) All completed projects within their district for the three previous fiscal years.
(4) The department shall make the maps required to be provided to members of the legislature pursuant to Paragraph (3) of this Subsection available to any person upon request following the public hearings.
(5) A report based on the testimony received at the hearings shall be sent to the department and the House and Senate committees on transportation, highways and public works. The department shall then create the final construction program for the coming fiscal year for submission to the legislature. Any project discussed at the hearing that is not included in the final construction program for the upcoming fiscal year shall be given numerical identification and the department shall provide the aforementioned committees with a list of the projects along with written justification for the exclusion of each individual project.
(6) When this final construction program is communicated to the legislature for funding for the coming fiscal year, any project which the legislature determines is not in the proper order of priority in accordance with the factors stated in R.S. 48:229.1 may be deleted by the legislature. Any project discussed at the public hearing that is excluded from the final construction program by the department for more than one consecutive fiscal year shall become eligible to be added to the program.
B.(1) The Joint Highway Priority Construction Committee shall be comprised of the entire membership of the House and Senate transportation, highways and public works committees and shall include legislators representing the parishes within the respective highway district for the purposes of attending the public hearings in each district as required in Subsection A of this Section. Notwithstanding any unforeseen circumstances, the chairman shall provide notice, via electronic transmission, to each member of the Joint Highway Priority Construction Committee and legislators representing the parishes within the respective highway district, fifteen calendar days prior to each public hearing in each highway district as required in Subsection A of this Section. Beginning in 2004, the chairman of the House Transportation, Highways and Public Works Committee shall serve as chairman of the Joint Highway Priority Construction Committee. Thereafter, chairmanship of the Joint Highway Priority Construction Committee shall rotate between the chairman of the House and Senate transportation, highways and public works committees on a two-year basis.
(2) No action shall be taken by such joint committee except by the favorable vote of a majority of the members thereof from each house present and voting, each house voting separately, a quorum of the joint committee being present.
Added by Acts 1974, No. 334, §1. Amended by Acts 1977, No. 291, §1; Acts 2001, No. 1032, §16; Acts 2004, No. 887, §1; Acts 2008, No. 692, §1; Acts 2010, No. 13, §1; Acts 2010, No. 91, §1; Acts 2010, No. 588, §1; Acts 2013, No. 207, §1; Acts 2020, No. 116, §1, eff. June 9, 2020; Acts 2025, No. 380, §1.
No construction project shall be undertaken by the Department of Transportation and Development except those included in the priority listing for that fiscal year regardless of the source of the funds for the project, with the exception of projects undertaken and financed out of the secretary's emergency fund and projects involving the use of matching funds to meet federal requirements in order to receive federal aid funds. Appropriations for highway construction shall be apportioned by the department to the several highway classifications based on the proportion that the needs in each classification bears to the total needs and shall be allocated by the department to the projects within each classification. Semiannually the secretary shall provide the Joint Legislative Committee on Transportation, Highways and Public Works a recapitulation of all emergency projects for the preceding six-month period, outlining the nature and cost of the emergency.
Added by Acts 1974, No. 334, §1. Amended by Acts 1977, No. 291, §1; Acts 2001, No. 1032, §16.
The Department of Transportation and Development may give priority and advance to construction as expeditiously as possible any bridge project where a bridge replaces a tunnel. The department may use any available source of funds to finance such projects, and may use any available source of funds, including the secretary's emergency fund, as matching funds to meet federal requirements in order to receive federal aid funds. Notwithstanding any other provision of law to the contrary, the department may contract for such projects using any contract method provided by law, including design-build or construction management at risk.
Acts 2015, No. 30, §2, eff. May 29, 2015.
The projects planned for the year for which appropriations have been made shall be commenced in that year; however, if a project cannot be commenced within the year for which it is planned, the secretary shall file with the project records a public statement as to the factors causing the delay, and the next priority project meeting all necessary needed requirements for the same highway classification shall be substituted therefor. When the delaying factors have been overcome, the delayed project shall be placed in the highest priority for the next ensuing fiscal year. Funds allocated for each construction project shall remain so allocated until the project is completed and the project costs are liquidated.
Added by Acts 1974, No. 334, §1. Amended by Acts 1977, No. 291, §1.
A. The secretary is hereby authorized and directed, for each fiscal year, to designate and set aside for awarding to socially or economically disadvantaged and/or women owned businesses, as defined in R.S. 39:1732(4), and (5), an amount not to exceed ten percent of the funds appropriated for highway construction and for procurement of goods and services for highway construction. This Subsection shall be inapplicable if no socially or economically disadvantaged and/or women owned business exists in the particular category to which the set aside applies.
B. The secretary shall, for each fiscal year, designate and set aside for awarding to socially or economically disadvantaged and/or women owned businesses, an amount not to exceed ten percent of the funds appropriated for highway construction and for procurement of goods and services for highway construction. This Subsection shall be inapplicable if no socially or economically disadvantaged and/or women owned business exists in the particular category to which the set aside applies.
C. In order to implement the provisions of this Section, the secretary shall adopt rules, standards, and procedures for certifying that businesses owned and operated by socially or economically disadvantaged persons or women are eligible to participate under the requirements of this Section. The procedure for determination of eligibility may include self-certification by a business, provided that the secretary retains the ability to verify a self-certification. Other rules as may be necessary to carry out the duties set forth in this Section may also be adopted.
D. Provided, however, the total amount for the set-aside program shall not exceed ten percent of the state and federal funds allocated for highway construction.
Added by Acts 1983, No. 715, §1, eff. Jan. 1, 1984; Acts 1985, No. 910, §1; Acts 1987, No. 800, §1.
A. The department is authorized to develop a program to be known as "adopt-a-road", whereby a business or a private civic organization may adopt a section of state-maintained highway, interstate highway, or interstate highway interchange for the sole purpose of controlling litter along that section of highway, interstate highway, or interstate highway interchange. The department may also enter into cooperative endeavor agreements to effectuate the purposes of this Section. Included in the responsibilities of any business or private civic organization which chooses to participate in the program shall be the following:
(1) Development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of highway.
(2) A general cleanup of the area at least twice a year.
(3) Assistance to the department in securing media coverage for the program.
B. The department shall also develop a program whereby a business or private civic organization may adopt the median of a portion of a state-maintained highway inside a municipality. The business or private civic organization shall control litter, cut grass, maintain existing shrubs and trees, and trim curbs. It may also plant flowers and additional plants if approved by the department. The adoption of these areas shall be for a period of at least one year.
C. Any organization which adopts an interstate highway interchange shall conduct its general cleanup of such areas only when escorted by a municipal or parish law enforcement officer or other person approved by the department.
D. Any parish or municipality which maintains a portion of the green space along a state-maintained highway, interstate highway, or interstate highway interchange may place a sign identifying the parish or municipality upon approval of the department.
E. Any parish or municipality which has a parkway adoption program may place a sign identifying an organization, business, department of government, or individual that adopts a section of state-maintained highway, interstate highway, or interstate highway interchange upon approval of the department.
F. The department shall promulgate rules and regulations to implement the provisions of this Section.
Acts 2008, No. 89, §1, eff. June 5, 2008.
A. This Part shall exclusively govern the contracts of the Department of Transportation and Development or let by the department on behalf of other political subdivisions of the state in addition to the laws of the state relating generally to obligations and the department not in conflict with this Part.
B.(1) If a law requires a contract, bond, or any other document to be in writing, an electronic record satisfies law.
(2) If a law requires a signature on a contract, bond, or any other document, an electronic signature satisfies law.
(3) If a law requires the department to record a contract, bond, or any other document in the office of the recorder of mortgages, the recorder shall record a contract, bond, or any other document formed by electronic means and executed by means of electronic signature.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2009, No. 42, §1, eff. Jan. 1, 2010.
A. Construction and maintenance employees of the department shall be required to participate in a structured training program as contained in the secretary of the department's Policy and Procedure Memorandum. The department shall provide training at its own expense and shall allow employees to complete training during regular work hours. The department shall notify employees in writing of their training requirements no less than six months prior to the department's review of the employee's record for merit increase purposes.
B. If, in the course of reviewing an employee's record for merit increase purposes, the department discovers that an employee has failed to meet or maintain the department's training requirements, the department shall issue a formal letter of warning to the employee for failing to meet or maintain training requirements. The letter shall include a list of the deficient training requirements and shall give notice to the employee that once the deficient training is completed, the employee's merit increase shall be granted, provided that lack of training is the only reason for withholding the employee's merit increase. The letter shall also include notice to the employee that if the deficient training requirements are not met by the employee's next anniversary date or by the next date the employee is eligible for a merit increase, the employee shall be subject to disciplinary action as authorized by the State Civil Service Commission and civil service rules.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 77, §1, eff. May 1, 1998; Acts 2006, No. 461, §1, eff. June 15, 2006.
A. Notwithstanding any law to the contrary or the requirements of this Part, if the secretary determines it is in the best interest of the taxpayers, the Department of Transportation and Development may formulate, develop, and implement a program to combine the design and construction phases of a transportation facility or facilities, including but not limited to highways, interchanges, bridges, ferries on the Mississippi River, or tunnels into a single contract.
B. This program shall allow use of the design-build method to construct the new Mississippi River Bridge at St. Francisville, connection to U.S. Hwy. 61, including approach structures and connecting roadways, which project is included in the Transportation Infrastructure Model for Economic Development program. The secretary may also select additional projects or combine a program of projects to utilize the design-build method. C. There shall be no challenge by any legal process to the choice of the successful designer-builder other than for fraud, bias for pecuniary or personal reasons not related to the interest of the taxpayers, or arbitrary and capricious selection by the secretary. Once the designer-builder has been chosen and a contract for a stipulated schedule and sum certain price executed, the price of the design-build contract shall not be increased other than for inflation as prescribed in the contract and for site or other conditions of which the designer-builder had no knowledge and should not have had knowledge as a reasonable possibility existing at the site or concerning the design and construction.
D. The department shall consider a design-build contract to replace the tunnel on Louisiana Highway 23 and shall submit a written report of its recommendation to the House and Senate committees on transportation, highways, and public works not later than February 1, 2016.
Acts 1998, 1st Ex. Sess., No. 105, §1; Acts 1999, No. 654, §1, eff. July 1, 1999; Acts 2004, No. 81, §§1, 2; Acts 2008, No. 111, §1, eff. June 6, 2008; Acts 2015, No. 30, §2, eff. May 29, 2015; Acts 2021, No. 346, §1, eff. June 15, 2021.
A. For purposes of this Section, "design-builder" means the entity contractually responsible for delivering the project design and construction.
B.(1) Each design-builder shall employ or have as a partner a member, coventurer, subcontractor persons, or a firm with persons, who are duly licensed and registered to provide the services required to complete the project and do business in this state.
(2)(a) All registrations and licenses for each component shall be obtained prior to or concurrent with award of the project to the selected design-builder by the department.
(b) The standard professional engineer and land surveyor qualifications as provided for in R.S. 37:681 et seq., the rules and regulations of the Louisiana Professional Engineering and Land Surveying Board, and the department's standard technical qualification requirements for firms providing professional engineering and land surveying services as provided for in R.S. 48:290 shall apply to the components providing design services.
(c) The standard contractor qualifications as provided for in R.S. 37:2150 et seq. and the current rules and regulations of the State Licensing Board for Contractors shall apply to the component providing construction services utilized by the design-builder, based upon the applicable categories for the specific project.
C. A "notice of intent" (NOI) to request letters of interest for a design-build project or for a pool of prequalified design-builders that shall remain prequalified for up to two years shall be distributed by the department through advertisement on the Department of Transportation and Development's internet webpage. All NOIs shall be advertised a minimum of ten days prior to the deadline for receipt of responses. The NOI shall contain a description of the project or type of work and sufficient information for a design-builder to determine its interest and to enable it to submit a letter of interest. The department may readvertise the NOI using additional media or publications in an attempt to solicit additional responses if the number of responses received by the department is inadequate.
D. The department shall provide a "request for qualifications" (RFQ) to design-builders who submit a letter of interest. The department shall identify all required information in the RFQ and in the standard response forms provided by the department. Any response that fails to meet all requirements contained in the RFQ may not be considered by the department. False or misrepresented information furnished in response to an RFQ shall be grounds for rejection by the department. The response to the RFQ shall include both of the following:
(1) Statements of qualification by credentials and experience of design component members for the areas of expertise specific to the project or type of work.
(2) Statements of qualification by experience and resources of the construction team component.
E.(1) The assistant secretary for project delivery, with concurrence of the secretary, shall establish a design-build qualifications evaluation committee for evaluation of the responses to the request for qualifications received by the department. The following general criteria used by the committee in evaluating responses shall apply to both the design and construction components of any responding entity:
(a) Experience of both the design and construction entity components and of key personnel related to the project or type of work under consideration.
(b) Past performance on department projects.
(c) Any project-specific criteria that may apply to project needs.
(2) The qualifications evaluation committee shall evaluate the qualifications of responding design-builders on the basis of the criteria identified in the request for qualifications and set forth in this Subsection and shall select a short list of the highest rated entities in a number to be determined by the department. If fewer than three responses are received, the secretary or designated representative may approve proceeding with the design-build process. The qualifications evaluation committee may, at its discretion, be assisted by other department personnel in its evaluation of an entity's qualifications. The design-build qualifications evaluation committee shall present its short list to the chief engineer and the assistant secretary for project delivery for recommendation to the secretary. The shortlisted entities shall be invited by the secretary or designated representative to submit a detailed technical and cost proposal for the design-build project. The invitation to the shortlisted entities shall specify a deadline for submission of proposals.
F.(1) Depending upon the complexity of the project and the degree of flexibility in the approach to design and construction methods, the specific requirements of the technical proposal shall be identified by the department to the entities making the short list by means of a " Request for Proposal" (RFP). Generally, the "Request for Proposal" (RFP) shall request design strategy and preliminary design concepts, construction sequencing, techniques, materials, and methods, the schedule for commencement and completion of all phases of work, and a lump sum cost for all services in fulfillment of the requirements and within the constraints of the "Request for Proposal".
(2) For more complex projects and projects with scopes which permit flexibility and innovation in the design and construction approach, the department may compensate unsuccessful and responsive short-listed design-builders for the expense of preparing the proposal. The amount of compensation to be paid, if any, for the proposal shall be predetermined by the department and shall be included in the department's request for proposal (RFP). The department may by plan change use concepts submitted by compensated short-listed design-build proposers.
G. The assistant secretary for project delivery, with concurrence of the secretary, shall establish a proposal review committee for evaluation of design-build proposals. The proposal review committee shall be identified in the request for proposals (RFP). The assistant secretary for project delivery, with concurrence of the secretary, shall assign a project manager, who shall become the chairman of the proposal review committee for the project. The RFP shall identify technical elements of the project, depending on the characteristics of the project, to be included in the technical score. Additionally, the assistant secretary for project delivery, with concurrence of the secretary, may select additional department engineering and technical experts, and nationally recognized design-build experts to serve as committee members to score each technical element of the project. Members of the proposal review committee shall not have served as members of the qualifications evaluation committee. Each member of the proposal review committee shall make his scoring of assigned elements available for public review. Such scores shall be considered public record.
H.(1) An adjusted score approach shall be used by the department in determining the winning proposal. An adjusted score shall be determined using the following three components:
(a)(i) The technical score determined by the proposal review committee. Weighing factors may be assigned to each element depending on its relative magnitude or significance to the overall project. Each proposal review committee member shall rate his assigned element of the proposal from each of the entities on the short list and shall submit such scores to the chairman of the proposal review committee. The schedule and price bid shall not be made known to the proposal review committee during the scoring process. The chairman of the proposal review committee shall adjust the scores for any applicable weighing factors and shall determine the total technical score for each proposal.
(ii) Prior to determining the adjusted score, the chairman of the proposal review committee shall notify each design-build proposer, in writing, of each proposer's final total technical score.
(b) The time value, consisting of the product of the proposed contract time expressed in calendar days multiplied by the value-per-calendar-day expressed in dollars established by the department and included in the request for proposal.
(c) The price proposal.
(2) The winning proposal shall be the proposal with the lowest adjusted score. The adjusted score for each entity's design-build proposal shall be determined by the following formula: Adjusted Score = (Price Bid + Time Value) divided by Technical Score. If the Time Value is not used, the Adjusted Score shall be determined by the following formula: Adjusted Score = Price Bid divided by Technical Score.
Acts 2004, No. 81, §1; Acts 2006, No. 305, §1; Acts 2009, No. 262, §1, eff. July 1, 2009; Acts 2021, No. 346, §1, eff. June 15, 2021; Acts 2023, No. 246, §1; Acts 2025, No. 380, §1.
A. For purposes of this Section, "design-builder" means the entity contractually responsible for delivering the project design and construction.
B.(1) Each design-builder shall employ or have as a partner a member, coventurer, subcontractor persons, or a firm with persons, who are duly licensed and registered to provide the services required to complete the project and do business in this state.
(2)(a) All registrations and licenses for each component shall be obtained prior to or concurrent with award of the project to the selected design-builder by the department.
(b) The standard professional engineer and land surveyor qualifications as provided for in R.S. 37:681 et seq., the rules and regulations of the Louisiana Professional Engineering and Land Surveying Board, and the department's standard technical qualification requirements for firms providing professional engineering and land surveying services, as provided for in R.S. 48:290, shall apply to the components providing design services.
(c) The standard contractor qualifications as provided for in R.S. 37:2150 et seq. and the current rules and regulations of the State Licensing Board for Contractors shall apply to the component providing construction services utilized by the design-builder, based upon the applicable categories for the specific project.
C. A "notice of intent" (NOI) to request letters of interest for a design-build project shall be distributed by the department through advertisement on the Department of Transportation and Development's internet webpage. All NOIs shall be advertised a minimum of ten days prior to the deadline for receipt of responses. The NOI shall contain a description of the project or type of work and sufficient information for a design-builder to determine its interest and to enable it to submit a letter of interest. The department may readvertise the NOI using additional media or publications in an attempt to solicit additional responses if the number of responses received by the department is inadequate.
D. The department shall provide a "request for qualifications" (RFQ) to design-builders who submit a letter of intent. The department shall identify all required information in the RFQ and in the standard response forms provided by the department. The RFQ shall include but is not limited to the following:
(1) Project description.
(2) Preconstruction scope of services.
(3) Submittal criteria for the project.
(4) Procurement grading criteria.
(5) Scoring methodology.
(6) Total fees and compensation payable to the design-builder for preconstruction services.
(7) Estimate of the probable construction cost of the project.
E. The response to the RFQ shall include "statements of qualifications" (SOQ) submitted by the design-builder. If the department receives only one response, the secretary or designated representative may approve proceeding with the progressive design-build process. The information contained within the SOQ shall include but not be limited to the following:
(1) The design-builder's formation and organizational documents at the time of the SOQ submission.
(2) Experience of both the design and construction components of the design-build entity on projects of similar size, scope, and may include the complexity of previous projects.
(3) Information regarding proposed key personnel's experience and training to competently manage and complete the design and construction of the project.
(4) Past performance on projects.
(5) The design-builder's ability to obtain all bonding and insurance requirements.
(6) The design-builder's safety plan.
F. The assistant secretary for project delivery, with the concurrence of the secretary, shall establish a design-build qualifications evaluation committee for evaluation of the responses to the RFQ received by the department. The assistant secretary for project delivery, with the concurrence of the secretary, shall assign a project manager who shall become the chairman of the qualifications evaluation committee for the project. The qualifications evaluation committee may, at its discretion, be assisted by other department personnel in its evaluation of a design-builder's SOQ.
G. The department may evaluate submissions based solely upon the information provided in each design-build entity SOQ. The department may also interview some or all of the design-build entities to further evaluate their qualifications for the project.
H. After selecting a design-builder based upon qualifications, the department may enter into a contract and direct the design-builder to begin design and preconstruction activities sufficient to establish an estimated price, lump sum, or guaranteed maximum price for the project.
I. If the department and the design-builder do not reach an agreement on the estimated price for the project or the department otherwise elects not to amend the design-builder's contract to complete the remaining work, the department may solicit proposals to complete the project from firms that submitted SOQ or formally solicit bids or proposals from other entities using any public procurement method available to the department. The selected design-builder shall be prohibited from bidding on the project.
Acts 2023, No. 246, §1; Acts 2025, No. 380, §1.
A.(1) Notwithstanding any law to the contrary or the requirements of this Part, if the secretary determines it is in the best interest of the taxpayers, the Department of Transportation and Development, with approval of the House and Senate transportation, highways and public works committees, may solicit proposals for public-private partnership projects for a transportation facility. The department shall comply with the provisions of R.S. 48:2084 through 2084.15 that are applicable to public-private partnership projects of the Louisiana Transportation Authority and the provisions of R.S. 48:256.3 and 256.5.
(2) Prior to executing a contract for a public-private partnership, the department shall receive approval from the House and Senate transportation, highways and public works committees to enter into the contract.
(a) The Department of Transportation and Development shall provide the detailed financial analysis of cost conducted by the department and the Federal Highway Administration relative to the I-10 Calcasieu River Bridge project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works.
(b) The Department of Transportation and Development and the Department of the Treasury shall use the analysis provided for by Subparagraph (a) of this Paragraph to prepare a comparative financial analysis of the cost of the design build method of the I-10 Calcasieu River Bridge project.
(c) The result of the comparative analysis shall be provided to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works immediately upon completion. The committees shall use the comparative analysis as a reference during deliberation in approving the public-private partnership contract for the I-10 Calcasieu River Bridge project.
B.(1) Twenty-five percent of public-private partnership projects undertaken by the department shall be located outside the boundaries of a metropolitan planning area, as defined in 23 U.S.C. 134.
(2) Solicitations for public-private partnership projects outside the boundaries of any metropolitan planning area, as defined in 23 U.S.C. 134, shall be subject to the approval of the House and Senate committee on agriculture, forestry, aquaculture and rural development in addition to the approval of the House and Senate committees on transportation, highways and public works.
C. The department shall not receive an unsolicited proposal for a public-private partnership project.
Acts 2016, No. 519, §2, eff. June 13, 2016; Acts 2019, No. 358, §1, eff. June 11, 2019; Acts 2022, No. 758, §1, eff. June 18, 2022.
A. Pursuant to R.S. 48:250.4, the department may exercise so much of the police powers of the state as shall be necessary to maintain the peace and accomplish the orderly handling of authority, subject to the provisions of this Section. The department's exercise of these powers shall extend to any state-owned toll facility. The department may delegate the exercise of these powers to any private entity acting on its behalf in the operation of a toll facility.
B. Terms as defined in R.S. 32:1 shall retain such definitions, except as specifically defined in this Subsection. As used in this Section, unless the context indicates otherwise, the following terms have the following meanings:
(1) "Electronic mail" means a message, file, or other information transmitted through a local, regional, or global computer network.
(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(3) "Electronic toll collection" or "ETC" means a system of collecting tolls or charges capable of charging an account holder for the appropriate toll by transmission of information between a device on a motor vehicle and a toll collection facility.
(4) "Operating entity" means any entity operating a toll facility subject to the requirements of this Section.
(5) "Pay" means paying a toll by cash, by permitting a charge against a valid toll-tag account with the department, or by any other means of payment approved by the department.
(6) "Photo-monitoring system" means a motor vehicle sensor installed to work in conjunction with a toll collection facility that automatically produces a photograph, microphotograph, videotape, or other recorded image of a motor vehicle or trailer when the operator of the motor vehicle fails to pay a toll.
(7) "Private entity" means a corporation, limited partnership, general partnership, limited liability company, joint venture, business trust, or other business entity.
(8) "Toll" or "tolls" means any fee, or charge imposed, revised, and adjusted from time to time for the use of a state-owned transportation facility.
(9) "Toll tag" means an electronic device issued for use with an ETC on any state-owned toll transportation facility.
(10) "Valid toll-tag account" means a toll-tag account with the department that has a balance of not less than fifty cents.
C. No motor vehicle shall be driven and no motor vehicle or trailer shall be towed through any state-owned toll collection facility without payment of the proper toll. If the proper toll is not paid, as evidenced by video or electronic recording, the registered owner of such vehicle or trailer shall be liable to make prompt payment to the department of the proper toll and an administrative fee of twenty-five dollars to recover the cost of collecting the toll.
D. The registered owner is prima facie responsible for the payment of the toll, administrative fees, and late charges that the department may assess pursuant to this Section. It is not a defense to liability for payment under this Section that a registered owner was not operating the motor vehicle or trailer at the time of the failure to pay the toll, except that the registered owner shall not be liable under this Section when the registered owner makes a report to a law enforcement officer or agency that the motor vehicle or trailer was stolen before the failure to pay a toll occurs or within forty-eight hours after the registered owner becomes aware of the theft.
E. The department shall adopt policies and procedures for the collection of tolls, administrative fees, and late charges authorized pursuant to this Section, in accordance with the Administrative Procedure Act.
F.(1) Failure to comply with the requirements of this Section shall result in the following late charges or sanctions, or both, against the registered owner:
(a) The department may assess the following penalties for late payment, for failure to pay, or for otherwise failing to respond, or both, against the registered owner:
(i) A registered owner who fails to pay the administrative fees specified in a violation notice and who fails to appeal a violation notice as provided by this Section within thirty calendar days after the date of the issuance of the violation notice shall incur a late charge of five dollars. A registered owner who fails to respond to a violation notice within sixty calendar days after the date of issuance of the violation notice shall not be able to renew his driver's license until all matters regarding the alleged toll violation are disposed of in accordance with law. The violation clerk shall notify the registered owner by first-class mail of this delinquency and consequences thereof.
(ii) A registered owner who fails to respond to a violation notice as provided by this Section within sixty calendar days after the date of the issuance of the violation notice shall be prohibited from renewing his driver's license. The violation clerk shall notify the Louisiana office of motor vehicles of this delinquency. Upon notice from a violation clerk of the department, the office of motor vehicles shall place the matter on record and shall not renew the driver's license of the registered owner or the registration of the vehicle until after notice from the violation clerk that the matters have been disposed of in accordance with law.
(b) After a notice to the office of motor vehicles provided in Item (a)(ii) of this Paragraph, the department shall not be required to send violation notices of delinquency to registered owners with ten or more toll violations. However, the tolls and administrative fees of such registered owner shall continue to accumulate.
(2) The department may pursue such civil and criminal action as it deems appropriate to collect the tolls and administrative fees assessed in the violation notice as well as such subsequent late charges assessed in accordance with this Section.
G.(1) A photograph, microphotograph, videotape, or other recorded image produced by a photo-monitoring device is admissible in a proceeding to collect a toll or other charge of the department, to collect criminal penalties imposed, or to impose criminal liability for a failure to pay the toll or charge.
(2) An original or facsimile of a certificate, sworn to or affirmed by an agent of the department that states that a failure to pay has occurred and states that it is based upon a personal inspection of a photograph, microphotograph, videotape, or other recorded image produced by a photo-monitoring system, as defined in this Section, is prima facie evidence of the facts contained in the certificate.
(3) Notwithstanding any other provision of law to the contrary, a photograph, microphotograph, videotape, or other recorded image prepared for enforcement of tolls is for the exclusive use of the department in the discharge of its duties under this Section.
H. The department shall from time to time designate one or more violation clerks and agents to perform the functions specified in this Section at the pleasure of the department and for such finite or indefinite period as the department deems desirable. The department shall supervise and coordinate the processing of violation notices in accordance with this Section. The department may hire or designate such personnel and organize such sections as the department may consider necessary to carry out the provisions of this Section.
I. The department may contract with an operating entity to carry out the provisions of this Section.
Acts 2019, No. 361, §1, eff. June 11, 2019.
A. The department shall use any revenue or credits generated in connection with the Belle Chasse public-private partnership, including windfall proceeds payments, distribution of refinancing gain, and toll credits only as follows:
(1) To reduce toll rates on the project.
(2) To pay amounts owed to the developer for exercising the department's early handback option.
(3) To pay any annual consumer price index (CPI) buy-down payment amount.
(4) For department projects or improvements within any area identified per the public-private partnership contract for any alternative facility.
B. Any use of funds or credits generated in connection with the Belle Chasse Bridge public-private partnership shall conform to the provisions of the comprehensive agreement governing the partnership and all applicable laws.
C. Prior to using any revenue or credits generated in connection with the Belle Chasse Bridge public-private partnership, the secretary shall provide notice of the intended use to the legislative delegations from Plaquemines Parish and receive approval for such use from the Joint Legislative Committee on Transportation, Highways and Public Works.
Acts 2024, No. 73, §1, eff. May 15, 2024.
A. The Department of Transportation and Development shall use any revenue or credits generated in connection with the I-10 Calcasieu River Bridge public-private partnership, including windfall proceeds payments, distributions of toll revenue, and toll credits only as follows:
(1) To reduce toll rates on the I-10 Calcasieu River Bridge, including the reduction or elimination of any scheduled toll rate increase.
(2) To shorten the term of the I-10 Calcasieu River Bridge public-private partnership.
(3) To construct other eligible capital improvement projects within Allen Parish, Beauregard Parish, Calcasieu Parish, Cameron Parish, or Jefferson Davis Parish.
B. Any use of funds or credits generated in connection with the I-10 Calcasieu River Bridge public-private partnership shall conform to the provisions of the comprehensive agreement governing the partnership and all applicable laws.
C. Prior to using any revenue or credits generated in connection with the I-10 Calcasieu River Bridge public-private partnership, the secretary shall provide notice of the intended use and consult with the legislative delegations from Allen Parish, Beauregard Parish, Calcasieu Parish, Cameron Parish, and Jefferson Davis Parish before seeking approval for the use of funds from the Joint Legislative Committee on Transportation, Highways and Public Works.
Acts 2024, No. 106, §1, eff. May 21, 2024.
A. All projects for the construction or maintenance of, or improvements to, highways or other public facilities under the control of or advertised and let by the Department of Transportation and Development shall, except as otherwise provided in this Part, be undertaken only under contract.
B. Every contract exceeding the contract limit, as defined in this Subsection, for construction, maintenance, or improvement of a department facility under the provisions of this Part shall be made in the name of the department and shall be signed by the secretary of the Department of Transportation and Development or his duly appointed designee and by the contracting party. The contract limit for this Part is hereby defined to equal one million dollars. No contract shall be entered into nor shall any work be authorized which will create a liability on the part of the state in excess of the funds available or which will be available for the project.
C. Every contract for the construction of or improvements to highways shall include a warranty by the contractor as to the quality of materials and workmanship for a duration of one year.
D. There shall be established by the Department of Transportation and Development a cash management plan which shall to the greatest extent possible effectively and efficiently utilize the funds appropriated or otherwise made available to the department to assure the timely construction of projects. The department shall submit a report on its implementation of the cash management plan to the House and Senate Committees on Transportation, Highways and Public Works and to the Joint Legislative Committee on the Budget no later than July 1, 1998.
Amended by Acts 1977, No. 291, §1; Acts 1997, No. 555, §1, eff. July 3, 1997; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1997, No. 1329, §1; Acts 1998, 1st Ex. Sess., No. 161, §3, eff. May 7, 1998; Acts 2001, No. 563, §1; Acts 2007, No. 386, §1, eff. July 1, 2007; Acts 2023, No. 8, §1; Acts 2025, No. 380, §1.
A. On any construction project for the Department of Transportation and Development in which a contractor is employed and in which trench excavation will exceed a depth of five feet, the bid documents provided to all of the bidders and the contract must include:
(1) A copy of special shoring requirements of the Department of Transportation and Development with a separate pay item for such special shoring requirements.
(2) A copy of any geotechnical information that was used in the design of the project.
(3) A separate pay item for trench excavation safety protection on that portion of the project on which trench excavation exceeds five feet.
B. The separate pay item for trench safety shall be based on the linear feet of trench excavated. The separate pay item for special shoring requirements, if any, shall be based on the square feet of shoring used.
Acts 1990, No. 918, §1, eff. Jan. 1, 1991; Acts 1991, No. 775, §1, eff. July 18, 1991; Acts 1993, No. 228, §1, eff. June 1, 1993.
Any action against a contractor on a contract or on the bond furnished by the contractor, or against a contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction or maintenance of any public works let by the department shall prescribe five years from recordation of the acceptance of such work, or of notice of default of the contractor, whichever occurs first.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
Any action arising out of or related to a department contract or on the bond furnished by a contractor shall prescribe five years from recordation of the acceptance of such contract or of notice of default of the contractor or other termination of the contract, whichever occurs first. Any action which would be extinguished by the provisions of this Section may be brought within one year of July 14, 1997.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
A. Landscape architects, architects, and engineers shall not own a substantial financial interest, either directly or indirectly, in any corporation, firm, partnership, or other organization which supplies materials for the construction of a public work let by the department when the architect or engineer has performed architectural or engineering services, either directly or indirectly, in connection with the public work for which the materials are being supplied.
B. For the purposes of this Section, a "substantial financial interest" shall exclude any interest in stock being traded on the American Stock Exchange or the New York Stock Exchange or the National Association of Securities Dealers and Quotations.
C. Whoever violates the provisions of Subsection A of this Section shall be guilty of a misdemeanor and shall be fined not more than an amount equal to the total value of the materials involved in such violation, or not more than ten thousand dollars, whichever is greater, or imprisoned for not more than six months, or both.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
A. The department shall promptly pay all obligations arising under public contracts within thirty days of the date the obligations become due and payable under the contract. All progressive stage payments and final payments shall be paid when they, respectively, become due and payable under the contract.
B.(1) If the department fails to make any final payments after recordation of formal final acceptance and within forty-five days following receipt of a clear lien certificate by the department, the retainage or other payments known by the department to be due and payable shall be released, but the contractor and the contractor's surety shall remain liable for any overpayment by the department to the contractor, stipulated damages for delay in a completion or work necessary to repair latent defects, or in performance of warranty work under the contract.
(2) If the department fails to make any final payment within one hundred days after its receipt of the clear lien certificate, the department shall be liable for legal interest on the balance due on the contract.
(3) If the department fails to make final payment as provided or neglects to promptly ascertain the final estimated quantities under the contract in bad faith, then the contractor shall be entitled to attorney fees if a mandamus to perform such acts is necessary for the contractor to receive all monies due and owed the contractor under the contract.
C. The provisions of this Section shall not be subject to waiver by contract.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2015, No. 29, §1, eff. May 29, 2015.
A.(1)(a) In any case in which the legislative auditor, by virtue of any audit conducted by him or on his behalf or filed with him, has reason to believe that any contract of the state may violate the provisions of Article VII, Section 14 of the Constitution of Louisiana, he shall submit the pertinent facts thereof to the attorney general.
(b) In any case in which the legislature, or any of its members, has reason to believe that any contract of the state or any political subdivision may violate the provisions of Article VII, Section 14 of the Constitution of Louisiana, the legislature or the member thereof shall submit the pertinent facts to the attorney general.
(2) Upon submission of such pertinent facts by the legislative auditor, the legislature, or any member of the legislature, the attorney general shall institute a civil proceeding to invalidate the contract, if in his opinion such a proceeding is necessary for the assertion or protection of any right or interest of the department or within the intention of Article VII, Section 14 of the Constitution of Louisiana. If in his opinion such a proceeding is not necessary, he shall submit in writing such opinion and his reasons therefor to the official or body which submitted such facts to him.
B. Additionally, the attorney general, on his own initiative, shall institute a civil proceeding to invalidate any contract of the department, if, in his opinion, such a proceeding is necessary for the assertion or protection of any right or interest of the state or political subdivision within the intent of Article VII, Section 14 of the Constitution of Louisiana.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
A. It is hereby declared that any provision contained in a department contract, other than a provision naming another as a co-insured or additional beneficiary in a contract of insurance, which requires the department to assume liability for damages arising out of injuries or property damage to the contracting parties or to third parties caused by the negligence of anyone other than the department, its employees, or agents, is contrary to the public policy of the state of Louisiana. Any and all such provisions in any and all department contracts shall be null and void.
B. It is hereby declared that any provision contained in a department contract, other than a provision naming another as a coinsured or additional beneficiary in a contract of insurance, which requires a contracting private party to assume liability for damages arising out of injuries or property damage to the department caused by the negligence of anyone other than the contracting private party, its employees, or agents, is contrary to the public policy of the state of Louisiana. Any and all such provisions in any and all department contracts shall be null and void.
C. The provisions of this Section shall not apply to contracts between the department and the owner of immovable property when the purpose of the contract is to grant the department a servitude, right-of-way, or other authority to go upon, construct works, perform activities, or to otherwise exercise control over or use the owner's property.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2023, No. 379, §2.
The legislature hereby declares null and void and unenforceable as against public policy any provision in a department contract which requires either of the following:
(1) That a suit or arbitration proceeding must be brought in a forum or jurisdiction outside of this state, instead of being pursued in accordance with the laws of this state governing such actions.
(2) That the agreement must be interpreted according to the laws of another jurisdiction.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2010, No. 868, §3, eff. July 1, 2010; Acts 2011, No. 343, §4.
A. As used in this Part, unless the context clearly indicates otherwise, the following terms shall have the following meanings:
(1) "Bidding documents" means the advertisement, plans and specifications, bidding form, bidding instructions, addenda, special provisions, and all other instruments prepared by or on behalf of the department for use by prospective bidders on a public contract.
(2) "Bid form" means the portion of the bidding document required to be submitted in order to constitute a bid.
(3) "Contract" means any contract awarded by the department for construction or maintenance of transportation facilities or work authorized by Article VII, Section 27 of the Constitution of Louisiana.
(4) "Contractor" means any individual, partnership, joint venture, firm, corporation, limited liability partnership, limited liability company, or any acceptable combination thereof contracting for performance of public work for the department.
(5) "Emergency" shall mean an unforeseen mischance bringing with it destruction or injury of life or property or the imminent threat of such destruction or injury, the result of an order from any judicial body to take immediate action which requires construction or maintenance without time to comply with the formalities of this Part.
(6) "Louisiana resident contractor" means:
(a) For the purposes of this Section, a "Louisiana resident contractor" includes any person, partnership, association, corporation, or other legal entity and is defined as one of the following:
(i) An individual who has been a resident of Louisiana for two years or more immediately prior to bidding on work.
(ii) A partnership, association, corporation, or other legal entity whose majority interest is owned by and controlled by residents of Louisiana.
(iii) A partnership, association, corporation, or other legal entity which for two years prior to bidding has maintained a valid Louisiana contractor's license and has operated a permanent facility in the state of Louisiana and has not had a change in ownership or control throughout those two years.
(b) For the purposes of Item (a)(ii) of this Paragraph, ownership percentages shall be determined on the basis of:
(i) In the case of corporations, all common and preferred stock, whether voting or nonvoting, and all bonds, debentures, warrants, or other instruments convertible into common and/or preferred stock.
(ii) In the case of partnerships, capital accounts together with any and all other capital advances, loans, bonds, debentures, whether or not convertible into capital accounts.
(7) "Negotiate" means to participate in the process of entering into contracts or plan changes without formal advertising and public bidding with the intention of obtaining the best price and terms possible under the circumstances.
(8) "Plan change" means an alteration, deviation, addition, or omission as to a preexisting department construction or maintenance contract.
(9) "Plan change outside the scope of the contract" means a plan change which alters the nature of the thing to be constructed or which is not an integral part of the project objective.
(10) "Plan change within the scope of the contract" means a plan change which does not alter the nature of the thing to be constructed or which is an integral part of the project objective.
(11) "Public work" means the erection, construction, alteration, maintenance, improvement, or repair of any highway, bridge, transportation facility, or immovable property owned, used, or leased by the department or any public entity for which the department is acting pursuant to an agreement.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2007, No. 386, §1, eff. July 1, 2007.
A. Contracts for projects with an aggregate estimated cost less than the contract limit but in excess of one hundred thousand dollars shall be let in accordance with the following provisions:
(1) When plans, specifications and quantities required for the construction or improvement of a facility under the control of and let by the department have been prepared and approved, the department shall send out invitations for bids at least ten calendar days prior to the date of public opening to at least three bona fide, qualified bidders and post notice of such bidding by electronic media available to the general public.
(2) Invitations for bids shall contain complete plans, specifications and the quantity required, and any other information, including the time and place of delivery of the bid, which is necessary for the bidder to make an acceptable bid. Addenda are prohibited except to withdraw the invitation for bids.
(3) Any qualified contractor who does not receive an invitation for bids shall, upon request to the contracting officer named in the notice posted as required in this Subsection, be sent bidding documents.
(4) All bids shall be publicly presented, publicly opened and publicly read or presented for viewing at the time and place specified in the invitation.
(5) Notwithstanding the provisions of this Subsection, the department, at its discretion, may advertise for bids as provided in Subsection B of this Section.
B. Contracts for projects with an aggregate estimated cost equal to or greater than the contract limit shall be let in accordance with the following provisions:
(1)(a) When the plans and specifications for the construction or improvement of a department facility have been prepared and approved, a request for bids shall be published in the official journal of the state or through an electronic bid system approved by the department and made available to the general public, or both provided that until July 1, 2010, the department shall publish a request for bids in the official journal of the state.
(b) The department shall require alternate bids on selected highway projects based on life cycle cost analysis and other pertinent engineering data where feasible, provided that alternate bids do not conflict with federal provisions relative to bid selection for a project. A quarterly report shall be made by the department to the Joint Committee on Transportation, Highways and Public Works detailing the bids put out by the department, whether the bid was an alternate bid, the award of the contract, and the basis therefor.
(2) The advertisement for bids shall be published at least once a week for three different weeks. The period between the date of the first advertisement and the receipt of bids shall be not less than twenty-one days. The advertisement shall specify the conditions which govern the submission of bids and shall state the exact place where plans and specifications may be inspected, the exact place where bids will be received, and the exact time when the bids will be opened and read or presented.
(3)(a) All bidders are responsible for timely delivery of bids as specified in the advertisement. No bids shall be accepted or taken, including receipt by hand delivery, on days which are recognized as holidays by the United States Postal Service.
(b) All bids shall be publicly presented, publicly opened, and publicly read or presented for viewing at the time and place specified in the advertisements.
(4) The department shall charge a nonrefundable fee of twenty-five dollars for each set of printed bid proposal documents provided to prospective bidders, subcontractors, or suppliers. The fee authorized by this Paragraph shall not apply to bid proposal documents provided electronically through the department website. One copy of printed bid proposal documents may be provided to plan rooms and non-bidding agencies and associations without charge.
(5) Plans and specifications shall be available to bidders on the day of the first advertisement and shall continue to be available during normal department work hours until twenty-four hours prior to the bid opening. Bid proposal documents will not be issued within the twenty-four-hour period prior to bid opening.
(6)(a) Bidding documents shall include no more than three additive alternates. If the bidding documents contain additive alternates, then the low bidder shall be the lowest responsive bidder on the base bid. Additive alternates shall be accepted only if acceptance does not change the status of the low bidder. However, the department may accept additive alternates in any order which does not affect determination of the low bidder.
(b) Reductive alternates reducing the scope of the work below that in the base bid shall not be allowed.
(c) Bidding documents may contain alternates which allow for different materials or methods of construction. The bidding documents shall specify whether the low bid will be determined based on the lowest bid cost, the lowest combination of bid cost plus construction time, or the lowest combination of bid cost plus construction time plus estimated life cycle cost. If construction time is utilized as a factor to determine the lowest responsive bidder, then its value and use in the determination of the lowest responsive bidder shall be specified in the bidding documents.
(7)(a) All contracts of the department shall contain provisions authorizing the issuance of plan changes within the scope of the contract. Any plan change outside the scope of the contract in excess of the contract limit as defined herein shall be let out for public bid as provided by this Part. Plan changes shall be limited to situations arising after the receipt of bids for the contract and shall not be used to reduce the scope of the contract due to budget limitations which existed prior to award of the contract.
(b) Plan changes pertaining to contracts not required by this Part to be put out for public bid shall be negotiated in the best interest of the department or let out for public bid as provided by this Part. Negotiated plan changes shall be fully documented and itemized as to costs, including material quantities, material costs, labor costs, taxes, insurance, employee benefits, other related costs, profit, and overhead. Where certain unit prices are contained in the initial contract, no deviations shall be allowed in computing negotiated plan change costs for work under those work items unless the actual quantities worked vary more than twenty-five percent from the estimated quantities in the contract as advertised. Plan changes within the scope of the contract shall not be recorded in the office of the recorder of mortgages in the parish where the work is performed.
C.(1) The department shall not issue or cause to be issued any addenda materially modifying plans and specifications within a period of seventy-two hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays; however, if the necessity arises to issue an addendum materially modifying the plans or specifications within the seventy-two-hour period prior to the advertised time for opening bids, then the opening of bids shall be extended at least seven days, but not more than thirty-five days without the requirement of re-advertising. The department, through the issuance of an addendum prior to the scheduled time for bid opening, may extend the bid period for up to thirty-five days, without re-advertising.
(2) Addenda may be issued by any of the following means:
(a) Certified mail, return receipt requested, sent to the address given by the bidder upon obtaining the bidding documents, the transmission of which shall be conclusive evidence of receipt of such notice by the bidder to whom it is addressed.
(b) Facsimile transmission sent to the number given by the bidder upon obtaining the bidding documents, the transmission of which shall be conclusive evidence of receipt of such notice by the bidder to whom it is transmitted.
(c) Express mail sent to the address given by the bidder upon obtaining the bidding documents. Delivery of the addenda by express mail shall be conclusive evidence of receipt of the addenda by the bidder to whom it is addressed.
(d) Electronic transmission sent to the e-mail address given by the bidder upon obtaining the bidding documents. Transmission of the addenda by e-mail shall be conclusive evidence of receipt of the addenda by the bidder to whom it was sent.
(e) Electronic transmission of a notice that informs a bidder that an addendum is posted on the department's website that is sent to the e-mail address given by the bidder upon obtaining the bidding documents or through online registration of bidders. Transmission of said e-mail notice to a bidder's e-mail address shall be conclusive evidence of receipt of the addendum by the bidder to whom it was sent.
D. Under no circumstances shall there be a division or separation of any public work project into smaller projects which division or separation would have the effect of avoiding the requirement that public work be advertised and let by contract to the lowest responsible bidder as provided in this Subpart.
E. If the department proposes to disqualify any bidder, on grounds that such bidder is not a responsible bidder, the department shall:
(1) Give written notice of the proposed disqualification to such bidder and include in the written notice all reasons for the proposed disqualification.
(2) Give such bidder who is proposed to be disqualified the opportunity to be heard at an informal hearing at which such bidder is afforded the opportunity to refute the reasons for the disqualification.
F. The department shall reject the lowest bid if received from a bidder domiciled in a Communist country and may prohibit the use or incorporation on department projects of materials or supplies to be used in a project if such materials or supplies are manufactured in a Communist country, including but not limited to China, North Korea, and Vietnam, and may award the contract to the next lowest bidder, provided this Subsection shall not apply to any country having established trade relations agreements or approvals from the government of the United States.
G. If any public work specifies that reclaimed material, including asphalt to be removed from a state highway, shall be retained by the contractor, then the contractor's quote or bid shall indicate the value of the reclaimed material used to calculate the contractor's quote or bid.
H. For the purposes of this Part, an award shall be deemed to have been made when the department transmits to the successful bidder notification that the contract is being awarded to such bidder and that contract documents for execution are transmitted concurrently or will be transmitted within the delays provided for in this Part.
I. All contracts of the department shall contain provisions that require a contractor to agree to comply with a subpoena issued by the Louisiana Legislature or any of its committees.
Amended by Acts 1977, No. 291, §1; Acts 1988, No. 890, §2, eff. July 21, 1988; Acts 1995, No. 452, §1; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 23, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 24, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 25, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 126, §2, eff. May 5, 1998; Acts 1999, No. 724, §1, eff. July 1, 1999; Acts 2001, No. 563, §1; Acts 2001, No. 1072, §2; Acts 2003, No. 181, §1; Acts 2006, No. 10, §1, eff. May 4, 2006; Acts 2007, No. 386, §1, eff. July 1, 2007; Acts 2009, No. 41, §1, eff. June 15, 2009; Acts 2012, No. 195, §1; Acts 2016, No. 207, §1, eff. May 26, 2016; Acts 2021, No. 219, §2; Acts 2024, No. 26, §1, eff. May 8, 2024.
In case of emergency where such emergency has been certified by the secretary or his duly appointed designee, the requirements of this Subpart may be waived by the secretary or his duly appointed designee to the minimum extent necessary to meet the demands of the emergency.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 126, §2, eff. May 5, 1998.
A. Every bid submitted for projects in excess of one hundred thousand dollars shall be accompanied by a bid bond guaranteed by a surety company qualified to do business in this state. The bid bond submitted shall be for five percent of the official bid amount.
B.(1) The bid bond shall be forfeited to the department or other named obligee if the bidder fails to make the required bond, fails to execute the contract, or fails to comply with any provision necessary for execution of the contract.
(2) Should the forfeited bid bond in any manner be limited or not payable on demand, the bidder will be disqualified from bidding or approval as a subcontractor on any department advertised project for a period of one year following nonpayment.
C. The bid bonds of unsuccessful bidders shall not be returned by the department.
D. Bid bonds shall be written by a surety or insurance company currently on the U.S. Department of Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana-domiciled insurance company with at least an A- rating in the latest printing of the A. M. Best's Key Rating Guide.
Amended by Acts 1956, No. 41, §1, Acts 1960, No. 525, §1; Acts 1964, No. 88, §1; Acts 1977, No. 291, §1; Acts 1979, No. 179, §2, eff. July 3, 1979; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 26, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 36, §1, eff. April 24, 1998; Acts 1999, No. 366, §1, eff. June 16, 1999; Acts 1999, No. 652, §1; Acts 1999, No. 1310, §1, eff. July 12, 1999; Acts 2001, No. 575, §§1and 2; Acts 2007, No. 386, §1, eff. July 1, 2007; Acts 2024, No. 26, §1, eff. May 8, 2024.
No bidder shall submit more than one bid on any one project nor shall any bidder submit an additional bid under another or a different name. No bidder shall be directly financially interested in any bid submitted by another bidder.
A. The department shall establish specific bidding requirements, in accordance with the provisions of this Part, provisions of the Federal Highway Administration, if applicable, and other provisions as necessary and will include these requirements in the project specifications and bid package issued to prospective bidders. Bids of prospective bidders shall conform to these requirements. Bids not submitted in accordance with this Subpart or such other specified requirements are irregular and must be rejected by the department.
B.(1) For all construction, maintenance, or improvement projects for department facilities or other public facility projects, advertised and let by the department, the department or the contracting agency may reject any and all bids for just cause but otherwise shall, with the concurrence of all funding sources, award the contract to the lowest responsible bidder within forty-five calendar days after receipt of bids or twenty calendar days after receipt by the department of concurrence in award from all project funding agencies, whichever occurs last, unless the department and the successful bidder mutually agree to extend the deadline. However, in cases where concurrence in award is required, the department shall award the contract no later than sixty calendar days after receipt of bids unless the department and the successful bidder mutually agree to extend the deadline.
(2) Should the successful low bidder not agree to extend the time period for award beyond the above described period the bid guaranty will be returned to the bidder and the department may, at its discretion, award to the next low bidder or may readvertise the project.
(3) If the department delays the award of the project in bad faith beyond the period specified herein for award such that the low bidder cannot perform at the prices bid and the project is awarded to a higher bidder, the unsuccessful low bidder shall receive the costs of preparation of his bid on the project from the department.
(4) If the contract is to be financed by bonds which are required to be sold after receipt of bids on the construction contract, or if the contract is to be financed in whole or in part by federal or other funds which will not be available at the time construction bids are received, or if the contract requires a poll of the legislature prior to the release of funds for the contract, the time limitation for the award of a contract herein stipulated in this Section may be modified and, if modified, shall be reflected in the specifications for the construction project and in the official advertisement for bids required in accordance with R.S. 48:252.
(5) For the purposes of this Section "just cause" means but is not limited to the following circumstances:
(a) The department's unavailability of funds sufficient for the construction of the proposed public work or the unavailability of funding participation in the project by anticipated funding sources.
(b) The failure of any bidder to submit a bid within an established threshold of the preconstruction estimate for the project by the department's engineers.
(c) A substantial change by the department prior to the award in the scope or design of the proposed public work.
(d) A determination by the department not to build the proposed public work within twelve months of the date for the public opening and presentation of bids.
(e) The disqualification or rejection by the department of all bidders.
(f) The discovery by the department prior to the award of the project of an error, defect, or ambiguity in the bidding documents that may have affected the integrity of the competitive bidding process or may lead to a potential advantage or disadvantage to one or more of the bidders.
(6) If two or more responsive bids from responsible bidders are received for exactly the same price and no preference or other method exists to determine the lowest bidder, the assistant secretary for project delivery shall notify the tied bidders of a time and place where the lowest bidder on the project will be chosen by flipping a coin or by lots, as appropriate in the determination of the assistant secretary for project delivery. The department may readvertise the projects in its discretion.
(7) Repealed by Acts 2007, No. 386, §2, eff. July 1, 2007.
C. Bids containing patently obvious mechanical, clerical, or mathematical errors may be withdrawn by the contractor if clear and convincing sworn, written evidence of such errors is furnished to the department within seventy-two hours of the bid opening, excluding Saturdays, Sundays, or other legal holidays. If the department determines that the error is a patently obvious mechanical, clerical, or mathematical error, it shall accept the withdrawal request and return the bid security to the contractor. A contractor who withdraws a bid under the provisions of this Section shall not be allowed to resubmit a bid on the project. If the bid withdrawn is the lowest bid, the next lowest bid may be accepted. If all bids are rejected, any contractor who had withdrawn a bid prior to rejection of all bids shall not be eligible to bid on the project unless the re-advertisement and opening of bids is at least one hundred eighty days after the date the bid was withdrawn.
D.(1) When the bid is accepted for the construction, maintenance, or improvement to a department facility, or public works project, a written contract shall be entered into by the successful bidder and the department or contracting agency, and, on projects exceeding fifty thousand dollars, the party to whom the contract is awarded shall furnish good and solvent bond in an amount equal to the contract bid cost for the faithful performance of his duties.
(2) Any surety bond written for a department project shall be written by a surety or insurance company currently on the U.S. Department of Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana-domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide.
(3) For any project advertised and let by the department, no surety or insurance company shall write a bond which is in excess of the amount indicated as approved for them by the United States Department of the Treasury Financial Management Service list of approved bonding companies as published annually in the Federal Register. For any project advertised and let by the department, a Louisiana-domiciled insurance company not on the U.S. Department of Treasury Financial Management Service list of approved bonding companies shall not write bonds exceeding ten percent of policyholder's surplus as shown in the A.M. Best's Key Rating Guide.
(4) In addition, any surety bond written for a project advertised and let by the department shall be written by a surety or insurance company that is licensed to do business in the state of Louisiana.
(5) The performance bond described by this Section shall inure solely to the benefit of the department and its successors or assigns, and no other person shall have any right of action based thereon.
E. The secretary shall reject any bid submitted by any firm, corporation, individual, or legal entity on any state funded project who, at the time or submission of bid, is prohibited from bidding or working on any federally funded project by the Federal Highway Administration.
F.(1) The contractor shall return the signed contracts along with good and solvent bond to the department or the contracting agency within fifteen calendar days following the transmittal of contracts for execution. After return of the surety bond and signed contracts from the contractor, the department or the contracting agency shall execute the contract documents within twenty calendar days.
(2) The department or contracting agency shall issue a work order to the successful contractor within sixty calendar days following execution of the contract. However, upon mutual written consent by all parties, the notice to proceed may be extended beyond the sixty days. Should the contractor not wish to extend the period from contract execution to work order beyond sixty days, the contractor may demand contract cancellation.
(3) Should the contract be canceled at the request of the contractor, the department may at its discretion award the contract to the next higher bidder if the next higher bidder so agrees, or the department, at its discretion, may readvertise and relet the contract. Should the contract be canceled at the request of the contractor, the contractor shall be compensated for the cost of procuring the bond or bonds required for the contract.
(4) If the contractor demands cancellation, but the department does not cancel the contract, the contractor shall be entitled to an escalation of his bid prices for the period between the lapse of the sixty-day period and the actual work order to the extent that the contractor can prove such escalation during that period, but in no event shall such escalation exceed the rate of inflation reflected by the United States Bureau of Labor Statistics Wholesale Price Index for the relevant period.
Acts 1990, No. 206, §1, eff. July 1, 1990; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1999, No. 652, §1; Acts 1999, No. 1284, §3; Acts 2001, No. 575, §1; Acts 2006, No. 14, §1, eff. May 4, 2006; Acts 2006, No. 324, §1, eff. June 13, 2006; Acts 2007, No. 386, §§1, 2, eff. July 1, 2007; Acts 2025, No. 380, §1.
The department may require each proposed contractor to furnish sufficient information that shall indicate the financial and other capacities of the contractor to perform the proposed work. This information shall be subject to audit and shall be recorded by the department on forms clearly marked "confidential", and these forms and the information contained on them shall be treated as confidential and shall be exempted from the provisions of R.S. 44:1 through 37.
Added by Acts 1976, No. 193, §1; Acts 1997, No. 1112, §1, eff. July 14, 1997.
Within thirty days after default by a contractor on a public works project, the department shall notify the surety company with whom the contractor acquired a performance bond. Such notification shall be in writing by certified mail or overnight delivery. Within thirty days of receipt of such notification, the surety company shall present to the department either a plan assuming performance on the contract and procuring, or tendering completion of the project, the bond penal sum, or provide the public entity in writing with a reasonable response for the contractor's alleged default. If no plan is presented by the surety company and the public entity completes the project, the surety company shall then be responsible for payment to the public entity of the costs of completion of the project and stipulated damages assessed by the public entity up to the total amount of the bond purchased by the contractor. In addition, if the surety company has not timely completed the project and a court of competent jurisdiction has determined that the surety company has in bad faith refused to take over the project as provided in this Section, the surety company shall be responsible for the payment of any stipulated damages for any delay in the completion of the project as specified in the original contract and any reasonable attorney fees and court costs incurred by the public entity in collection of the payments required by this Section.
Acts 1995, No. 1146, §1, eff. June 29, 1995; Acts 2003, No. 863, §1, eff. July 1, 2003.
Any contract entered into for the construction or maintenance of public works contrary to the provisions of this Part shall be null and void.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
Except for a duly certified emergency, no contract of the department shall be let on a cost-plus basis. Plan changes which cannot be negotiated and for which no item was provided in the original contract may be ordered on a cost-plus basis, if such basis was specified in the original contract as advertised.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
A.(1) Whenever the department enters into a contract for the construction, alteration, or repair of any public work, the department through its official representatives shall, before the issuance of any work order and before the commencement of any work, give notice of such contract, in writing, to all utility, communication, and public service companies and all public agencies and boards who furnish any utility, gas, water, electrical, communication, sewerage, or drainage services which may have underground pipes, cables, or any other underground installation which may be within the right-of-way where the public work is to be constructed, altered, or repaired. Said written notice shall require that the person, partnership, corporation, board, or agency so notified shall furnish to the department within a period of thirty days after receipt of notice, unless such time is extended by the department, a diagram or plat showing the location of such underground installations within the right-of-way, a copy of which shall be furnished by the department to the contractor before commencement of work under the contract. If such diagram or plat is not furnished within the time specified or any extension thereof granted by the department, the work order may be issued and the work commenced or the work order may be delayed.
(2) Should the diagram or plat not be furnished or the location of the underground cables, pipes, or other underground installations be inaccurately shown thereon, the department and the contractor shall be released from any responsibility in connection with their damage unless such damage is caused by the negligence of the department or contractor.
(3) If the work on the project is delayed due to the failure of the utility to furnish the plat or diagram required in this Section, the utility shall be liable for delays and cost escalations suffered by the contractor and the department.
B. This Section shall not relieve the department or contractor from the responsibility to give notice of intent to excavate or demolish to the regional notification center or centers serving the area in which the proposed work is to take place in order to be in compliance with the provisions of the "Louisiana Underground Utilities and Facilities Damage Prevention Law" as provided for in R.S. 40:1749.11 through 1749.22.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
A. If a nonresident contractor bidding on a department project is domiciled in a state that provides a percentage preference in favor of contractors domiciled in that state over Louisiana resident contractors for the same type of work, then every Louisiana resident contractor shall be granted the same preference over contractors domiciled in the other state favoring contractors domiciled therein whenever the nonresident contractor bids on public work in Louisiana.
B. The provisions and requirements of this Section shall not be waived by any department.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
A. When the department lets a contract for a public works project that is to be administered by or paid for, in whole or in part by state funds, the agency may require as a condition of letting the contract that not less than eighty percent of the persons employed in fulfilling that contract shall be residents of the state of Louisiana.
B. Louisiana Works, upon request of any state agency, the governing authority of a political subdivision, or a contractor awarded a contract under the provision of this Section, shall assist in identifying craftsmen, laborers, and any other personnel necessary to comply with the requirements of this Section.
C. Notwithstanding the provisions of this Section, management personnel and persons whose skills are unavailable for performing the work shall be excluded from the requirements of this Section.
D. This Section shall not apply where federal funding participation does not allow application of this Section to the contract and will result in the loss of such federal funding.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2008, No. 743, §7, eff. July 1, 2008.
A. The legislature declares it to be in the public interest that in order to increase efficiency and expediency in the construction of state highways, the Department of Transportation and Development may employ the A+B bidding method for road and highway construction projects or other best project delivery method practices.
B. Notwithstanding any other provision of law to the contrary, on or after July 1, 2025, the department shall evaluate use of the A+B bidding method for projects meeting one or more of the following criteria:
(1) The project is located on a roadway with average daily traffic greater than twenty thousand.
(2) The estimated time to complete the project is greater than three hundred sixty-five calendar days.
(3) The estimated cost to construct the project is greater than ten million dollars.
(4) The project will be constructed in multiple phases.
C. For purposes of this Section, "A+B bidding" means the cost-plus-time bidding method where the total bid is the sum of the traditional contract unit price items "A" and the estimated time to complete the project "B", with the lowest combined total determining the winning bid.
Acts 2025, No. 337, §1, eff. June 11, 2025.
Repealed by Acts 2001, No. 413, §2.
A.(1) The Department of Transportation and Development shall insert a clause in the specifications of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance, or repair of any road, highway, bridge, or appurtenance thereto or any other Department of Transportation and Development facility, providing for the retainage of amounts constituting a percentage of the gross value of the completed work as may be provided for in the contract. Retained amounts for projects which cost less than five hundred thousand dollars shall not exceed ten percent of the gross value of the completed work. Retained amounts for projects which cost five hundred thousand dollars or more shall not exceed five percent of the gross value of the completed work.
(2) Final payment of the retained amounts to the contractor under the contract to which the retained amount relates shall be made after certification by the secretary or his duly appointed designee that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications, and forty-five days have lapsed from filing the notice of final acceptance with the office of the recorder of mortgages in the parish where the work has been done. Any interest earned on the retained amounts shall be credited to the Transportation Trust Fund.
B, C. Repealed by Acts 2001, No. 413, §2.
D. If the contractor furnishes the department a retainage bond equal to ten percent of the contract amount for projects less than five hundred thousand dollars or five percent of the contract amount for projects five hundred thousand dollars or more, the department shall not withhold retainage.
Added by Acts 1975, No. 661, §1. Amended by Acts 1977, No. 291, §1; Acts 1977, 1st Ex.Sess., No. 14, §1, eff. 12:01 a.m., Sept. 9, 1977; Acts 1986, No. 579, §1; Acts 1986, No. 656, §1; Acts 1986, No. 881, §1; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 27, §1, eff. April 24, 1998; Acts 2001, No. 413, §§1 and 2.
Any contractor who is under contract for the construction, maintenance, or improvements to highways, bridges, or other public works under the control of the Department of Transportation and Development shall remove signs which indicate a reduced speed limit in construction areas not later than thirty days after final acceptance of the project by the department. In the event that the project work is performed by the Department of Transportation and Development personnel, then the reduced speed limit signs shall be removed not later than thirty days after the work activity on the project ceases.
Acts 1993, No. 383, §1; Acts 1999, No. 232, §1; Acts 2010, No. 45, §1.
A.(1) Whenever the department enters into a contract in excess of fifty thousand dollars for the construction, maintenance, alteration, or repair of any public works, the department shall require of the contractor a bond with good, solvent, and sufficient surety in a sum not less than fifty percent of the contract price for the payment by the contractor or subcontractor to claimants as defined in R.S. 48:256.5.
(2) The bond furnished shall be a statutory bond and no modification, omissions, additions in or to the terms of the contract, in the plans or specifications, or in the manner and mode of payment shall in any manner diminish, enlarge, or otherwise modify the obligations of the bond. The bond shall be executed by the contractor with surety or sureties approved by the department and shall be recorded with the contract in the office of the recorder of mortgages in the parish where the work is to be done not later than thirty days after the work has begun.
(3) The recorded portion of the contract shall state that the undersecretary is the official of the department to whom claims against the contractor or surety or both shall be made and shall state with particularity the address for delivery of claims to the department pursuant to R.S. 48:256.5.
B.(1) The payment provisions of all bonds furnished for department contracts described in this Subpart, regardless of form or content, shall be construed as and deemed statutory bond provisions. Except as provided in Paragraph (2) of this Subsection, nothing in this Part shall be construed to preclude a surety who has furnished such a bond from asserting any defense to the principal obligation that its principal could assert except lack of capacity or discharge in bankruptcy of the principal obligor. Any such bond which fails to contain any of the requirements set forth in this Subpart shall be deemed to incorporate all of the requirements set forth in this Section. Language in any such bond containing any obligations beyond the requirements set forth in this Part shall be deemed surplusage and read out of such bond. Sureties and contractors executing payment bonds for department contracts under this Subpart shall be immune from liability for or payment of any claims not required by this Subpart.
(2) The surety shall be obligated and required to issue payment to a materialman for claims by a materialman under the following conditions:
(a) The claim is for material delivered in conformity with material specifications provided in the order for such material.
(b) No sooner than forty-five days after delivery of the material, the materialman sends a notice of nonpayment to the general contractor, the surety, and the owner.
(c) The materialman has not been paid in full on or before ninety days after delivery of the material.
(3) If the requirements of Paragraph (2) of this Subsection are satisfied, the surety shall pay the materialman within ten days after the materialman sends a payment notice to the surety.
(4) The claim of a materialman and right to payment as provided in this Subsection are in addition to and not in derogation of any other rights, claims, or remedies available to a materialman in this Part.
(5) Any notice required under this Section shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the last known address of the general contractor, the surety, and the owner. The return receipt indicating that registered mail or certified mail was properly addressed to the last known address of the general contractor, the surety, and the owner and deposited in the United States mail regardless of whether the registered or certified mail was actually delivered, refused, or unclaimed satisfies the notice provision of this Section.
C. A bond issued pursuant to this Section shall not create, nor shall such bond be construed to create, any cause of action in favor of the department, or any third party, for personal injury or property damages sustained by any third party during the effective period of the bond. Nothing contained herein shall in any way limit the liability on the bond for the performance of the work pursuant to the contract in question; however, to the extent that the department contract in question should contain any provisions for a hold harmless or indemnity agreement, or both, by the contractor, in favor of the public entity, for personal injury or property damages sustained by third parties, the hold harmless or indemnity agreement, or both, shall not be deemed or construed to be secured by the bond, conditioned upon the concurrence of the contractor and the surety.
D. Any provisions of a bond issued pursuant to this Section which are contrary to Subsection C of this Section are hereby declared to be contrary to the public policy of the state of Louisiana and are null and void.
E. The provisions of this Section shall not be subject to waiver by contract.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1999, No. 607, §1, eff. June 30, 1999; Acts 2024, No. 761, §2, eff. June 19, 2024.
A. Whenever the department enters into a contract for the construction, maintenance, alteration, or repair of any public works, in accordance with the provisions of this Subpart, the undersecretary or his duly appointed designee of the department shall have recorded in the office of the recorder of mortgages, in the parish where the work has been done, a final acceptance of the work or a partial acceptance of any specified area thereof upon completion of all of the work. The final acceptance shall be executed by the secretary or his duly appointed designee within thirty days of completion of all of the work on the project. The recordation of a final acceptance in accordance with the provisions of this Section shall be effective for all purposes under this Chapter.
B. "Partial acceptance" as used in this Section means the determination by the department made after final inspection of a portion of the project that the contractor has satisfactorily completed that portion of the project and that such portion may be used advantageously by traffic or for other use.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1999, No. 605, §1, eff. June 30, 1999; Acts 2016, No. 207, §1, eff. May 26, 2016.
A. "Claimant", as used in this Chapter, means any person to whom money is due pursuant to a contract with the owner or a contractor or subcontractor for doing work, performing labor, or furnishing materials or supplies for the construction, alteration, or repair of any public works, or for transporting and delivering such materials or supplies to the site of the job by a for-hire carrier, or for furnishing oil, gas, electricity, or other materials or supplies for use in machines used in the construction, alteration, or repair of any public works, including persons to whom money is due for the lease or rental of movable property, used at the site of the immovable and leased to the contractor or subcontractor by written contract, and including registered or certified surveyors or engineers, or licensed architects, or their professional subconsultants, employed by the contractor or subcontractor in connection with the building of any public work.
B. Any claimant shall, after the maturity of his claim and within forty-five days after the recordation of final acceptance of the work by the department or of notice of default of the contractor or subcontractor, record the original sworn statement of the amount due him in the office of the recorder of mortgages for the parish in which the work is done and file a certified copy of the recorded sworn statement of the amount due, showing the recordation data, with the undersecretary of the department.
C.(1) To be entitled to assert the claim given by Subsection B of this Section, the lessor of movables shall deliver a copy of the lease to the department and the contractor, not more than ten days after the movables are first placed at the site of the immovable for use in the work.
(2) The claim or privilege granted the lessor of the movables by Subsection B of this Section is limited to and secures only the part of the rentals accruing during the time the movable is located at the site of the immovable for use in a work. A movable shall be deemed not located at the site of the immovable for use in a work after one or more of the following have occurred:
(a) The work is completed or abandoned.
(b) The notice of final acceptance of the work is filed.
(c) The lessee has abandoned the movable, or use of the movable in a work is completed or no longer necessary, and the owner or contractor gives written notice to the lessor of abandonment or completion of use.
D.(1) The department shall withhold from progress payments and the final payment one hundred twenty-five percent of the amount claimed after receipt by the undersecretary of the department at the location specified in the recorded contract of a sworn statement of amount due from a claimant to the extent of payments due and owed the contractor after receipt of said claim.
(2) When the department makes final payment to the contractor without deducting such amounts as required in this Subsection of all outstanding claims so served on it or without obtaining a bond from the contractor to cover the total amount of all outstanding claims, the department shall become liable for the amount of these claims to the extent of its failure to withhold funds as required in this Subsection.
E. If an architect or engineer has not been employed by the contractor or subcontractor, he shall have no claim to or privilege on the funds due the contractor or subcontractor, nor shall such architect or engineer be within the coverage of the payment and performance bond required of the contractor by R.S. 38:2241.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 126, §2, eff. May 5, 1998; Acts 1999, No. 609, §1, eff. June 30, 1999; Acts 2015, No. 29, §1, eff. May 29, 2015.
A.(1) If a statement of claim or privilege is improperly filed or if the claim or privilege preserved by the filing of a statement of claim or privilege is extinguished, the public entity, contractor, or subcontractor, or other interested person may require the person who has filed a statement of claim or privilege to give a written authorization directing the recorder of mortgages to cancel the statement of claim or privilege from his records, or to file an original lien cancellation certificate with the recorder of mortgages and to submit a certified copy of the recorded lien cancellation certificate, showing the recordation data, with the undersecretary of the department.
(2) The authorization shall be given within ten days after a written request for authorization has been received by the person filing the statement of claim or privilege from a person entitled to demand it.
(3) One who, without reasonable cause, fails to deliver written authorization to cancel a statement of claim or privilege as required by Subsection A of this Section shall be liable for damages suffered by the department, contractor, subcontractor, or other interested person requesting the authorization as a consequence of the failure and for reasonable attorney fees incurred in causing the statement to be canceled.
(4) A person who has properly requested written authorization for cancellation shall have an action against the person required to deliver the authorization to obtain a judgment declaring the claim or privilege extinguished and directing the recorder of mortgages to cancel the statement of claim or privilege if the person required to give the authorization fails or refuses to do so within the time required by Subsection A of this Section. The plaintiff may also seek recovery of damages and attorney fees to which he may be entitled under this Section.
B. The action authorized by this Section may be by summary proceeding and may be brought in the parish where the statement of claim or privilege is recorded.
C. The recorder of mortgages shall cancel a statement of claim or privilege from his records by making an appropriate notation in the margin of the recorded statement upon the filing with him, by any person, of one of the following:
(1) A written request for cancellation, to which is attached a written authorization for cancellation given by the person who filed it.
(2) A certified copy of an executory judgment declaring the claim or privilege extinguished and directing the cancellation.
D. The effect of filing for recordation of a statement of claim or privilege and the privilege preserved by it shall cease as to third persons unless a notice of lis pendens identifying the suit is filed within one year after the date of filing the claim or privilege. In addition to the requirements of Article 3752 of the Code of Civil Procedure, the notice of lis pendens shall contain a reference to the notice of contract, if one is filed, or a reference to the recorded statement of claim or privilege if a notice of contract is not filed.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2015, No. 29, §1, eff. May 29, 2015.
A. If a statement of claim or privilege is filed, any interested party may deposit with the recorder of mortgages either a bond of a lawful surety company authorized to do business in the state or cash, certified funds, or a federally insured certificate of deposit to guarantee payment of the obligation secured by the privilege or that portion as may be lawfully due together with interest, costs, and attorney fees to which the claimant may be entitled up to a total amount of one hundred twenty-five percent of the principal amount of the claim as asserted in the statement of claim or privilege. A surety shall not have the benefit of division or discussion.
B. If the recorder of mortgages finds the amount of the cash, certified funds, or certificate of deposit or the terms and amount of a bond deposited with him to be in conformity with this Section, he shall note his approval on the bond and make note of either the bond or of the cash, certified funds, or certificate of deposit in the margin of the statement of claim or privilege as it is recorded in the mortgage records and cancel the statement of claim or privilege from his records by making an appropriate notation in the margin of the recorded statement. The bond shall not be recorded but shall be retained by the recorder of mortgages as a part of his records.
C. Any party who files a bond or other security to guarantee payment of an obligation secured by a privilege in accordance with the provisions of Subsection A of this Section shall give notice to the department, the claimant, and the contractor by certified mail, and shall file a certified copy of the cancellation of the statement of claim or privilege by the recorder of mortgages, showing the recordation data, with the undersecretary of the department by certified mail.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2015, No. 29, §1, eff. May 29, 2015.
A. If at the expiration of the forty-five days any filed and recorded claims are unpaid, the department shall file a petition in the proper court of the parish where the work was done, citing all claimants and the contractor, subcontractor, and surety on the bond and asserting whatever claims it has against any of them, and shall require the claimants to assert their claims. If the department fails to file the proceeding any claimant may do so.
B. All the claims shall be tried in a concursus proceeding and the claims of the claimants shall be paid in preference to the claims of the department.
C. All suits for judgment against the contractor or the surety or both on the bond shall be filed as prescribed in this Section.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
A. If no objections are made by any claimant to the solvency or sufficiency of the bond required of the contractor by this Part, the department shall, ten days after the service of judicial notice of the concursus proceeding on each claimant having recorded claims, obtain a certificate to that effect from the clerk of court. The certificate shall relieve the department of any personal liability and the recorder of mortgages shall cancel all of the recorded claims.
B. If any objections are made by the claimants they shall be tried summarily. Whenever it is found that the surety is not solvent or sufficient to cover the amount of the bond or that the department has failed to exact the bond or record the bond within the time allowed, the department shall be in default and shall be liable to the same extent as the surety would have been. The surety on the bond shall be limited to the defense which the principal has on the bond.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
All proceedings brought under this Part shall be tried summarily, if a commissioner is available in the venue of the suit, the proceeding shall be referred to a commissioner, as provided by law, who shall report his findings to the court at the earliest date possible.
Acts 1997, No. 1112, §1, eff. July 14,1997.
A. After amicable demand for payment has been made on the principal and surety and thirty days have elapsed without payment being made, any claimant recovering the full amount of his timely and properly recorded or sworn claim in a concursus proceeding pursuant to this Subpart shall be allowed reasonable attorney fees which shall be taxed in the judgment on the amount recovered.
B. If the trial court finds that such an action was brought by any claimant without just cause or in bad faith, the trial judge shall award the principal or surety a reasonable amount as attorney fees for defending such action.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
A. Nothing in this Part shall be construed to deprive any claimant, as defined in this Part and who has complied with the notice and recordation requirements of R.S. 48:256.5(B), of his right of action on the bond furnished pursuant to this Part, provided that the action must be brought against the surety or the contractor or both within one year from the registry of acceptance of the work or of notice of default of the contractor, except that before any claimant having a direct contractual relationship with a subcontractor but no contractual relationship with the contractor shall have a right of action against the contractor or the surety on the bond furnished by the contractor, the claimant shall, in addition to the notice and recordation required in R.S. 48:256.5(B), give written notice to the contractor and surety within forty-five days from the recordation of the notice of final acceptance by the department of the work or notice by the department of default, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor or service was done or performed. The notice shall be served by mailing the same by registered or certified mail, postage prepaid, in envelopes addressed separately to the contractor and surety at any place that each maintains an office in the state of Louisiana. Except as provided in Subsection B of this Section, nothing in this Part shall be construed to preclude a surety who has furnished such a bond from asserting any defense to the principal obligation that its principal could assert except lack of capacity or discharge in bankruptcy of the principal obligor.
B. The surety shall be obligated and required to issue payment to a materialman for claims by a materialman under the following conditions:
(1) The claim is for material delivered in conformity with material specifications provided in the order for such material.
(2) No sooner than forty-five days after delivery of the material, the materialman sends a notice of nonpayment to the general contractor, the surety, and the owner.
(3) The materialman has not been paid in full on or before ninety days after delivery of the material.
C. If the requirements of Subsection B of this Section are satisfied, the surety shall pay the materialman within ten days after the materialman sends a payment notice to the surety.
D. The claim of a materialman and right to payment as provided in Subsection B of this Section are in addition to and not in derogation of any other rights, claims, or remedies available to a materialman in this Part.
E. Any notice required under this Section shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the last known address of the general contractor, the surety, and the owner. The return receipt indicating that registered mail or certified mail was properly addressed to the last known address of the general contractor, the surety, and the owner and deposited in the United States mail regardless of whether the registered or certified mail was actually delivered, refused, or unclaimed satisfies the notice provision of this Section.
Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2024, No. 761, §2, eff. June 19, 2024.
The department may enter into agreements with federal agencies to encourage the participation of those agencies in the joint construction of Department of Transportation and Development projects and the department may sponsor such projects. Except for the provisions of the last paragraph of R.S. 48:251, the provisions of R.S. 48:251 through 48:256 do not apply to such agreements.
Where agreements are entered into with federal agencies for the construction of state highways, parish roads or other projects of the Department of Transportation and Development, these projects may be undertaken by any means permissible under federal regulations.
Amended by Acts 1977, No. 291, §1; Acts 1997, No. 1112, §4.
Any contract between the department and another made in violation of any provision of this Chapter relating to competitive bidding or to advertisement for bids is absolutely null and void.
The department shall maintain the highways forming the state highway system, together with the other facilities of the department to the extent that the revenues of the department will permit. The selection of the highways, facilities, or parts thereof to be maintained and the order of that selection shall be made by the district administrator and may be changed from time to time as the case demands. In this selection, these officials shall be guided by volume and character of traffic and the convenience, safety, and necessity of the traveling public.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §7, eff. July 11, 1979; Acts 1984, No. 625, §1; Acts 2006, No. 11, §5; Acts 2025, No. 380, §1.
The scope and extent of maintenance operations may include any operation involving employment of labor, purchase of materials, supplies, and equipment, and the severance, processing, and application of materials necessary to maintain the highway system together with the other facilities of the Department of Transportation and Development at the maximum level of efficiency for its type. In case of damage to the state highway system caused by flood or other disaster, requiring immediate attention, or for construction urgently needed, or for construction that may be undertaken more efficiently, the secretary may execute such work of improvement with department maintenance forces, with the approval of the chief engineer or the assistant secretary of operations.
Amended by Acts 1977, No. 291, §1; Acts 1984, No. 625, §1; Acts 2006, No. 11, §5.
A.(1) The department shall maximize third-party contracts for maintenance of the state highway system.
(2) At the request of the governing authority of a municipality, a parish having a municipal type government, or a parish located within a standard metropolitan statistical area having a population of one million or more as determined by the latest federal decennial census or by the division of business and economic research of Louisiana Tech University under the most recent federal-state cooperative program for local population estimates, whichever is more recent, the work may be contracted out to such municipality or parish, but all such maintenance costs not to exceed the previous year's pro rata mileage cost of each category of state highway maintenance, shall be paid for by the state, provided that the state shall not be responsible for the maintenance of sewers, street lighting, gas and water mains, and other public utilities.
(3) At the request of the governing authority of a parish having a consolidated form of government, the work of roadside vegetation and drainage maintenance may be contracted out to the governing authority of such parish and shall be paid for by the state.
B. The department may arrange by contract with the Department of Public Safety and Corrections for the use of prison labor, and with the sheriff of each parish for the use of labor of its prisoners, to perform any maintenance functions, on the highways in the state system or any of the department's facilities. No contract may relieve the Department of Public Safety and Corrections or the sheriff of the duty to supervise and to maintain security of the prisoners at all times.
C. Repealed by Acts 2025, No. 380, §1.
D. All vacancies existing or occurring in highway maintenance gangs shall be filled in accordance with civil service rules and regulations.
E. In no event shall this Section be construed to permit the use of prisoners who:
(1) Have committed violent infractions while in prison; or
(2) Have been convicted one or more times of the crimes of aggravated or first degree rape, homicide in the first or second degree, armed robbery, kidnapping, aggravated escape, or any attempt to commit any of the above enumerated offenses.
F. The department may enter into maintenance agreements with the governing authorities of state levee districts for the upkeep of the medians and shoulders along state highway rights of way, including grass cutting and weed killing.
Amended by Acts 1968, No. 421, §1; Acts 1977, No. 291, §1; Acts 1978, No. 485, §1, eff. July 10, 1978; Acts 1981, No. 533, §1; Acts 1986, No. 568, §§1 and 2; Acts 1988, No. 506, §1, eff. July 10, 1988; Acts 1997, No. 915, §1; Acts 2003, No. 1064, §1; Acts 2011, No. 143, §1; Acts 2014, No. 811, §26, eff. June 23, 2014; Acts 2015, No. 184, §5; Acts 2025, No. 380, §1.
Repealed by Acts 1977, No. 291, §3
A. When the secretary determines that it is necessary or economically feasible to use specialized maintenance equipment which will not be needed on a permanent basis, the department may rent or lease fixed and mobile equipment necessary to appropriately maintain and operate the facilities under its jurisdiction. The department is not required to accept equipment offered at the lowest price when such a practice would result in the use of so many different types or brands that economic operation of the equipment would be impracticable.
B.(1) The department shall not loan, rent, or lease any unit of its active equipment.
(2) It may loan, rent, or lease any unit of its standby, or undisposed of surplus equipment, for a period of time not to exceed ninety days, to any municipality, parish, or other political subdivision that provides a holdharmless agreement, in a form approved by the department, to protect and indemnify the department from any liability arising from the use, maintenance, or any other factor attributable to the municipality, parish, or other political subdivision borrowing, renting, or leasing the equipment.
(3) The department shall loan mowing equipment to parishes, municipalities, or other political subdivisions, who provide holdharmless agreements, in a form approved by the department, for purposes of mowing the rights of way of the Interstate System and the state highway system when the department has failed to perform mowing activities for a period of sixty days.
Amended by Acts 1977, No. 291, §1; Acts 1981, No. 658, §1, eff. July 20, 1981; Acts 1987, No. 645, §1; Acts 2018, No. 365, §1.
The department shall establish and maintain its own shops for the servicing, repair, and upkeep of its equipment and shall provide, at these shops and elsewhere, adequate standby units for emergency use and replacement of units under repair.
Acts 1997, No. 1112, §5.
Repealed by Acts 1999, No. 612, §1, eff. June 30, 1999.
A. When, in the opinion of the secretary of the Department of Transportation and Development, it is in the best interest of the state, he may order any materials deemed of no salvage value recovered from the reconstruction or repair of any state road or bridge, or from any other work performed by the department to be disposed of by donation to any political subdivision of the state for its use, such donation to be made in accordance with a procedure established by the secretary.
B. When, in the opinion of the secretary of the department or his designee, it is in the best interest of the state, he may order any materials deemed of no salvage value recovered from the reconstruction or repair of any state road or bridge, or from any other work performed by the department to be disposed of by transfer to the Coastal Protection and Restoration Authority to be utilized for coastal protection and restoration projects, such transfer to be made in accordance with procedures established by the secretary or his designee in coordination with the Coastal Protection and Restoration Authority.
Added by Acts 1976, No. 283, §1. Amended by Acts 1977, No. 291, §1; Acts 2012, No. 487, §1; Acts 2016, No. 430, §6.
The department shall establish, operate, and maintain a laboratory for such research activities as are of interest to the functions of the department and for the routine sampling, inspection, examination, analysis, and testing of:
(1) The quality of materials, commodities, and supplies, in place or severed, employed or involved in any operation of the department; and
(2) The accuracy, efficiency, and appropriateness of processes, equipment, and devices related to the business and duties of the department.
This laboratory may undertake work of a like nature for other departments of the state at cost when that work is not of such a volume as to interfere with the work of the Department of Transportation and Development when the other departments have not employed consulting engineers or architects whose employment contracts require them to make the tests.
The making of a ruling or opinion in connection with any work other than the work of the Department of Transportation and Development or the undertaking of any work in competition with engineers in private practice or with commercial laboratories is expressly prohibited.
The methods and procedures in the laboratory and the equipment, machinery, and devices employed in its operations shall be patterned upon and as consistently as possible conform to the standards as established by the American Society of Testing Materials, the American Association of State Highway Officials, and the Bureau of Public Roads as approved by the chief engineers of the offices of the Department of Transportation and Development.
Amended by Acts 1962, No. 485, §1; Acts 1977, No. 291, §1.
In the construction and maintenance of state highways, the department shall employ appropriate means of preventing or discouraging soil erosion within the limits of the rights of way and may cooperate with official federal agencies in soil conservation programs when those programs are closely related to and in the interest of state highway operation and maintenance.
When not inconsistent with the economy of construction and maintenance of state highways or with the safety of the traveling public, the department and its employees shall study, encourage, and preserve the growth of trees, shrubs, and other vegetation indigenous to the climate of Louisiana, in order to perpetuate the natural beauty of the state. The department may replace and augment this growth when consistent with these ideas.
The felling, topping, or pruning of trees or shrubs to accommodate, operate, or maintain any installation on the right of way, without the prior written approval of the secretary or his representative, is prohibited. The secretary may use his discretion in the granting of this approval.
Amended by Acts 1977, No. 291, §1.
A. The department may acquire by donation, purchase, lease, exchange, or expropriation the full ownership or any lesser interest therein of property it determines to be reasonably necessary or useful for the restoration, preservation, and enhancement of scenic beauty within or adjacent to the state highways, including acquisition of areas for the establishment and operation of publicly owned and controlled rest and recreation areas and sanitary and other facilities, in order to promote the safety, convenience, and enjoyment of travel on and the protection of the public investment in state highways, and in order that the department may receive and expend funds from the federal government and other federal aid funds that may be available.
B. The procedure in expropriation proceedings filed for these purposes shall be in accordance with the provisions of R.S. 48:441 et seq. but, whether an entire tract of land or only a portion thereof is expropriated, the provisions of R.S. 48:450 instead of R.S. 48:451 shall apply and the certificate of the chief engineer required by R.S. 48:442(3), may be eliminated.
C. In all cases negotiation will be conducted with the landowner before expropriation and specific consideration shall be given to the views of the landowner as to selection of portions of or tracts of land to be expropriated within the limits of the needs of the design of the highway.
D. This Section shall be liberally construed to effectuate these purposes.
Amended by Acts 1966, No. 475, §1; Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
Repealed by Acts 1982, No. 245, §2
A. The department may erect, at suitable points selected by the Louisiana Tourism Development Commission, bronze markers denoting and describing locations and occasions of historical interest. These markers shall conform to a standard size and design prepared by the department in cooperation with the commission and shall be maintained by the department. The language of the legend thereon shall be submitted to and approved by the Department of History of Louisiana State University. When sponsored by and furnished by authentic historical organizations, the markers may carry the sponsor's organization name along the bottom edge thereof, but otherwise shall conform in all respects to the standard design and method of erection as provided in this Section. The placing of the name of any living person upon these markers is expressly prohibited.
B. The department, in cooperation with the office of tourism of the Department of Culture, Recreation and Tourism, may erect, at suitable points, signs denoting locations of state tourist attractions and tourist information centers. These markers shall conform to a standard size and design prepared by the department in cooperation with the commission and shall be maintained by the department.
C. The department may erect directional signs to state park areas in cooperation with the office of state parks and in accordance with the statewide highway sign program for state park areas, as developed and periodically reviewed and updated by the office of state parks. The signs shall be standard department directional signs and shall be erected on state highways, official system roads that connect state parks to existing state highways, and interstate highways. The signs shall be maintained by the department.
Amended by Acts 1968, No. 490, §1; Acts 1997, No. 701, §1; Acts 1999, No. 996, §1, eff. July 9, 1999; Acts 2001, No. 1104, §1, eff. June 28, 2001.
The department is authorized to grade and keep in repair access roads leading from roads or highways under regular maintenance of the department to cemeteries or graveyards situated within one mile or less of such regularly maintained roads or highways.
Acts 1950, No. 440, §1. Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
Distance markers, which designate the distances from the point of the marker to the municipality indicated on the marker, shall be placed alongside the highways of this state by the department for incorporated and unincorporated municipalities having a population of five thousand or more persons. The department may place distance markers for incorporated and unincorporated municipalities having a population of less than five thousand persons. The distance markers are to be placed in accordance with regulations promulgated by the Department of Transportation and Development.
Added by Acts 1976, No. 276, §1. Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
When private advertising services are not available because of federal or state regulations, the Department of Transportation and Development may provide such services through appropriate road signs or emblems at appropriate fees. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.
Added by Acts 1977, No. 642, §1; Acts 2006, No. 11, §5.
A.(1) The department may regulate the content, composition, placement, erection, and maintenance of specific information logo signs and supports within interstate and other fully controlled access highway rights-of-way, or the department may contract with a qualified third party or parties for the placement, erection, and maintenance of specific information logo signs and supports within interstate and other fully controlled access highway rights-of-way. The department may expend any available federal funds for erecting and maintaining specific information logo signs and supports.
(2)(a) If the department contracts with a qualified third party or parties for the placement, erection, and maintenance of specific information logo signs and supports within interstate and other fully controlled access highway rights-of-way, selection of the qualified third party or parties shall be made pursuant to the provisions of R.S. 39:1554(B). The department and the qualified third party or parties shall negotiate the terms and conditions of their contract; however, the qualified third party or parties shall be required to deposit all revenues received pursuant to the contract into a separate account and provide the department with a full accounting of such revenues every three months. The qualified third party or parties shall pay to the department a minimum of one hundred fifty thousand dollars per year or ten percent of the gross revenue of the logo signing program, whichever is greater, for use of rights-of-way. The term of the initial contract shall not exceed five years; however, the department may extend the initial term of the contract for not more than four additional five-year periods.
(b) If the department contracts with a qualified third party or parties according to the provisions of this Paragraph, an advisory committee shall be formed to monitor and make recommendations to the qualified third party or parties regarding the placement, erection, and maintenance of specific information logo signs and supports within interstate and other fully controlled access highway rights-of-way. The advisory committee shall be composed of the chief executive officers, or their designees, of the following: Louisiana Restaurant Association, Louisiana Hotel and Lodging Association, Louisiana Travel Promotion Association, the Louisiana Association of Convention and Visitors Bureaus, and the Louisiana Oil Marketers and Convenience Store Association.
(3) The department shall establish appropriate and reasonable fees; however, the fees shall not exceed the following:
(a) Four hundred seventy-five dollars, per direction, per mainline. However, beginning in Fiscal Year 2005, the fee per mainline sign shall not exceed two hundred seventy-five dollars; beginning in Fiscal Year 2006, the fee per mainline sign shall not exceed three hundred seventy-five dollars; beginning in Fiscal Year 2007, the fee per mainline sign shall not exceed four hundred twenty-five dollars; and beginning in Fiscal Year 2008, the fee per mainline sign shall not exceed four hundred seventy-five dollars.
(b) One hundred dollars per direction per ramp.
(c) Fifty dollars per trailblazer.
(4) The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act as are necessary for the implementation of this Section, including but not limited to rules and regulations relative to contracting with a qualified third party or parties.
(5) The ownership of the logo signs and supports erected and maintained by a qualified third party or parties shall be the property of the state of Louisiana.
B.(1) For purposes of this Section "specific information logo signs" shall mean a rectangular sign panel imprinted with the words "FUEL", "FOOD", "LODGING", "CAMPING", or "ATTRACTION", and the businesses which offer those services on each as provided for in administrative rules promulgated pursuant to this Section.
(2) The department shall incorporate the use of "RV friendly" markers on specific information logo signs for establishments which cater to the needs of persons driving recreational vehicles. Establishments which qualify for participation in the specific information logo program and which also qualify as "RV friendly" may request the "RV friendly" marker on their specific information logo sign. An "RV friendly" marker is a bright yellow circle with a crescent smile under the letters RV. The department shall promulgate rules and regulations, in accordance with the provisions of the Administrative Procedure Act, as are necessary to implement the provisions of this Paragraph including rules and regulations setting forth the minimum requirements that establishments must meet in order to qualify as "RV friendly". These requirements shall include large parking spaces, entrances, and exits which can easily accommodate recreational vehicles, and facilities with appropriate overhang clearances, if applicable.
C. Each business identified on a specific information logo sign shall give written assurance to the department of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, or national origin, and shall not be in breach of that assurance.
D. All fees collected pursuant to the provisions of this Section shall be considered as self-generated revenues and deposited by the secretary of the Department of Transportation and Development into the state treasury for credit to the Department of Transportation and Development. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the monies so deposited shall be appropriated as self-generated revenues to the Department of Transportation and Development.
E.-H. Repealed by Acts 1995, No. 490, §2.
I. The procedures for obtaining approval for programming, project authorizations, and other actions for federal-aid projects which include these signs shall follow the same procedures as other federal-aid projects in this state, as prescribed in Title 23 of the Code of Federal Regulations Subpart C of Section 655 et seq.
Acts 1984, No. 681, §1; Acts 1992, No. 142, §1, eff. June 5, 1992; Acts 1992, No. 203, §1, eff. June 10, 1992; Acts 1992, No. 984, §15; Acts 1995, No. 96, §1; Acts 1995, No. 490, §§1, 2; Acts 1999, No. 606, §1, eff. June 30, 1999; Acts 2004, No. 125, §1; Acts 2004, No. 837, §1, eff. July 1, 2004; Acts 2005, No. 137, §1, eff. June 22, 2005.
The department shall regulate the placement, erection, and maintenance of advertising and sponsorship signs on state-owned ferries, rights-of-way, and assets of the department. The Department of Transportation and Development shall establish appropriate and reasonable fees and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section consistent with the national laws and standards promulgated pursuant to Title 23 of the United States Code.
Acts 1985, No. 862, §1; Acts 2006, No. 11, §5; Acts 2013, No. 41, §1, eff. May 29, 2013.
A. Definitions. When used in this Section, the following words and phrases have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:
(1) "Eligible highway" means a highway that:
(a) A portion of which is located outside an urbanized area with a population of fifty thousand or more; and
(b) Qualifies for a maximum speed limit as established by Louisiana law.
(2) "Eligible urban highway" means an interstate highway, a portion of which is located inside an urbanized area with a population of two hundred thousand or more.
(3) "Major shopping area" means a geographic area that meets either of the following criteria:
(a) Consists of thirty acres or more of land and includes an enclosed retail shopping mall that contains five hundred thousand square feet or more of gross building area.
(b) Includes strip-style outdoor shopping plazas and outlet shopping centers that contain no less than two hundred forty thousand square feet of gross leasable space.
(4) "Major shopping area guide sign" means a rectangular guide sign panel imprinted with the name of a major shopping area, as it is commonly known to the public, and containing directional information to such major shopping area.
B. If an establishment in a major shopping area provides food, the establishment must provide the following in order to be eligible for a listing on a guide sign:
(1) A license or other evidence of compliance with public health or sanitation laws, if required by applicable other law.
(2) Continuous operation at least ten hours a day.
(3) Seating capacity for at least sixteen people.
(4) Public restrooms.
(5) A telephone for use by the public.
C. The department shall establish a program that allows the erection and maintenance of major shopping area guide signs at appropriate locations along eligible highways and eligible urban highways. The department shall promulgate rules in accordance with the Administrative Procedure Act regulating the content, composition, placement, erection, and maintenance of major shopping area guide signs and supports within eligible highway and eligible urban highway rights-of-way and establish appropriate and reasonable fees to implement the provisions of this Section; however, a major shopping area shall be entitled to have its name displayed on major shopping area guide signs if it is located not farther than three miles from an interchange on an eligible highway or an eligible urban highway. A major shopping area that has its name displayed on a major shopping area guide sign shall reimburse the department for all costs associated with the composition, placement, erection, and maintenance of the sign.
D. Major shopping area guide signs may be included as part of exit direction signs, advance guide signs, and supplemental guide signs and shall include guide signs for both directions of traffic on an eligible highway or eligible urban highway. If the service facilities are not visible from an interchange ramp terminal, additional signs may be placed along the ramp or at the terminal.
E. All fees collected pursuant to the provisions of this Section shall be considered as self-generated revenues and deposited by the secretary of the Department of Transportation and Development into the state treasury for credit to the Department of Transportation and Development. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the monies so deposited shall be appropriated as self-generated revenues to the Department of Transportation and Development.
F. The procedures for obtaining approval for programming, project authorizations, and other actions for federal-aid projects which include these signs shall follow the same procedures as other federal-aid projects in this state.
Acts 1997, No. 552, §1; Acts 1999, No. 606, §1, eff. June 30, 1999; Acts 2001, No. 34, §1.
No bridge, highway, or roadway structure in the state maintained system shall be nominated for inclusion or placed in the National Register of Historic Places or otherwise designated as a permanent fixture not subject to removal or destruction without prior written approval from the secretary of the Department of Transportation and Development.
Added by Acts 1982, No. 814, §1, eff. Aug. 4, 1982; Acts 1998, 1st Ex. Sess., No. 43, §1, eff. April 24, 1998.
A. When the department acquires property for a transportation facility or in a transportation corridor through the exercise of expropriation authority, or by purchase or donation, it shall not be subject to any liability due solely to its ownership imposed by Subtitle II of Title 30 of the Louisiana Revised Statutes of 1950 and regulations promulgated pursuant thereto for pre-existing soil or groundwater contamination or other discharges or releases onto department right-of-way by persons other than department employees or agents. Nothing contained in this Section affects the rights or liabilities of any past or future owners of the acquired property nor does it affect the liability of the department for the results of its actions which create or aggravate a pollution source, release, or discharge. The department and the Department of Environmental Quality may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the department.
B. To the extent that the department voluntarily remediates sites within its rights-of-way for which it is exempted from liability under this Section due to factors of significant project delay or impact on contractors employed by the department, the Department of Environmental Quality shall assist in identifying and notifying potentially responsible parties and demanding participation in the remediation costs incurred by the department. If a potentially responsible party refuses to participate in the costs of remediation which are subsequently determined by a court to be the responsibility of a nonparticipating responsible party, all nonparticipating responsible parties shall be solidarily liable to the department for the costs of remediation incurred by the department, subject to the rights of contribution or indemnity from other parties responsible for the pollution source, release, or discharge, and for the attorney fees incurred in prosecuting the demand for participation and collection action authorized in this Section.
Acts 1995, No. 1088, §1, eff. June 29, 1995.
The department may erect signs indicating the location of churches located along state highways. The points for location of such signs shall be determined by the traffic engineer of the highway district in which the church is located. The signs shall conform to a standard size and design prepared by the department.
Acts 1997, No. 1230, §1.
A. When the Department of Transportation and Development has been requested to erect any signs, markers, or any other type of informational signage related to the functions of the Department of Culture, Recreation and Tourism and such signs have not been erected within a reasonable time period, the lieutenant governor shall contact the secretary of the Department of Transportation and Development, in writing, requesting the erection of the signs within thirty days of receipt of such request.
B. Upon receipt of such request, the secretary of the Department of Transportation and Development shall erect such signs within thirty days.
Acts 1999, No. 483, §1.
A. On any construction or maintenance project which requires the temporary closure of a lane on a controlled access principal arterial interstate, the department shall perform a traffic queue analysis and where the analysis determines a potential for traffic which may result in undue hardship or significant delay to the motoring public, the department shall ensure that such construction or maintenance work is performed during non-peak traffic hours, including night work between the hours of 8 p.m. and 6 a.m. and weekends, unless specific traffic studies determine that such non-peak hour work is not feasible. For purposes of this Section, peak traffic hours shall be considered 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on weekdays. On projects where the department has found non-peak work feasible and provides an incentive to construct expeditiously, the contractor shall perform non-peak work or provide just cause for failure to perform non-peak work in order to qualify for or earn the incentive to construct expeditiously.
B. If after reviewing existing traffic volumes, congestion, traffic control measures, motorist safety, project cost, project quality, inspection obligations, highway user costs, work force availability, work zone lighting, worker safety, and other factors which the department may deem necessary in determining the feasibility of non-peak hour construction or maintenance, the department determines that it is not feasible to perform construction or maintenance work during non-peak hours, the secretary shall provide a written report on the feasibility study to be delivered by certified mail to the cochairmen of the Joint Committee on Transportation, Highways, and Public Works including specific details of factors which contributed to the determination. Within forty-five days of receipt of the report, the joint committee may conduct a hearing to review the report. If at the hearing the committee finds the determination of the department unacceptable by a majority vote of the members, then such determination shall be sent to the governor and the department.
C. When the department determines that a construction or maintenance project on a controlled access principal arterial interstate highway will have the potential of causing significant traffic delays or undue hardship to the public using such highway, advance signing shall be posted on the right of way of such highway at a location in advance of the last exit prior to the traffic buildup in order to allow the operator of a vehicle to exit the highway and avoid such buildup. Such signing shall indicate that there is traffic congestion ahead and such exit is the last opportunity for exiting the highway before such congestion.
Acts 1999, No. 831, §1; Acts 2001, No. 77, §1; Acts 2003, No. 753, §1; Acts 2006, No. 727, §1, eff. June 29, 2006.
The department shall erect signs indicating the approaches to designated Louisiana byways. The points of location of such signs shall be determined by the traffic engineer for the highway district in which the Louisiana byway is located. The department shall erect a directional sign on Interstate 20 indicating the approaches to the United Theological Seminary. The signs shall conform to a standard size and design prepared by the department.
Acts 1999, No. 938, §1.
A. For purposes of this Section, "major highway construction and maintenance project" shall mean a state highway construction or maintenance project that is expected to interrupt traffic flow on a state highway with average daily traffic in excess of ten thousand vehicles per day and that requires more than forty-eight hours to complete.
B. The department shall develop a policy for notifying sheriffs, parish presidents, fire chiefs, and state legislators a minimum of ten days prior to major highway construction and maintenance projects being performed in their respective areas. Such policy shall include but not be limited to the following provisions:
(1) A description of the project.
(2) The location of the highway construction or maintenance work to be performed.
(3) The starting and completion date of the highway construction or maintenance project.
(4) Information for motorists of an alternate traffic route while highway or maintenance work is being performed.
Acts 2003, No. 103, §1.
The department may sell timber which has been cut or felled on state highway rights-of-way. Any proceeds from such sale shall be dedicated to the Transportation Trust Fund to be used for maintenance and repair of roads not eligible for federal matching funds provided by the federal highway program.
Acts 2004, No. 308, §1, eff. June 18, 2004.
A. The department shall inspect any property acquired for a project for buildings or structures that may have historical or cultural significance and for which the department has no use.
B. If such a building or structure is identified, the department shall devise a plan to preserve it if a parish, municipality, or nonprofit organization has expressed an interest in transferring the building or structure.
C. The plan shall give priority to transferring the building or structure to a parish, municipality, or nonprofit organization, provided that the parish, municipality, or nonprofit organization shall bear the costs of any such transfer and resulting relocation and that such transfer and relocation does not interfere with the construction of the project.
D. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to oversight by the House and Senate committees on transportation, highways and public works, as are necessary to implement the provisions of this Section.
Acts 2012, No. 443, §1.
It is the purpose of this Part to prescribe the policy of the Department of Transportation and Development and other grantee agencies applicable to employment of consultants for construction and preconstruction engineering services, research, planning, environmental, and other activities by a competitive process and a noncompetitive process, except those services under the authority of R.S. 39:1481 through 1526, R.S. 48:250.2, R.S. 48:250.3, and R.S. 48:292.1.
Acts 1991, No. 784, §1; Acts 2007, No. 40, §1, eff. Jan. 1, 2008; Acts 2009, No. 255, §1, eff. July 1, 2009.
There are no conditions which shall limit or prohibit the retention of the services of consultants by the department.
Acts 1991, No. 784, §1; Acts 1998, 1st Ex. Sess., No. 35, §1; Acts 2009, No. 255, §1, eff. July 1, 2009; Acts 2025, No. 380, §1.
A. A notice of intent to select a firm for performing consultant services and to request responses from qualified firms and teams shall be advertised by posting it on the department's Internet website. The department shall maintain a solicitation list of consultant firms and teams. The department shall send an email notice to consultant firms and teams on its solicitation list to notify of the posting of an advertisement for consultant services on the department's Internet website. In the case of planning, research, or other specialty services, the department or the Louisiana Transportation Research Center may send notices to firms which, to the knowledge of the department or the Louisiana Transportation Research Center, may have experience in such services.
B. Notices shall be advertised a minimum of ten business days prior to the deadline for receipt of responses.
C. If the department deems that the number of responses received is inadequate, the project may be readvertised using additional media or publications in an attempt to solicit additional responses.
D.(1) The advertisement shall detail all information to be submitted in response to the advertisement. In all cases, a properly completed current department response form shall be submitted by applicants. The response forms shall be made available by the department. If additional information to that provided by the response form is required, it shall be so noted in the advertisement.
(2) The applicant shall transmit the response form and any other required information, to the department prior to the deadline shown in the advertisement. Responses which do not meet the requirements provided for in this Subsection shall not be considered. The department shall consider false or misrepresented information furnished in response to the advertisement as grounds for rejection.
E. There shall be no advertisement when noncompetitive selection is utilized.
Acts 1991, No. 784, §1; Acts 1999, No. 1284, §3; Acts 2009, No. 255, §1, eff. July 1, 2009.
A. Any consulting firm doing business with the department shall maintain accounting records which segregate job costs as prescribed by the department's audit section. Negotiated contracts may require a pre-award audit. Post audits may also be required. Predetermined fee contracts may be audited during the course of the contract, or within three years of final contract payment.
B. Any consultants doing business with the department shall be required to submit to the department audit assurance as set forth in the "Consultant Contract Services Manual", except that consultants doing business with the Louisiana Transportation Research Center shall comply with its "Manual of Research Procedures". Guidance may also be obtained from the audit section of the department.
C. Contracts entered into with the department may specify a manpower relationship which the consultant will be expected to maintain. For engineering contracts, this relationship shall be based on the total of the estimated engineering, supervision, and principal man-hours expressed as a percentage of the total estimated man-hours in all salary classifications. The department shall monitor this relationship by means of the consultant's progress schedules, invoices, or audits.
Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
A. Department personnel when selecting consultants and contractors who are doing business with the department shall comply with Title VI of the Civil Rights Act of 1964, as amended to provide that no person in the United States shall, on the basis of race, color, sex, or national origin, be excluded from participation in any program or activity receiving federal financial assistance.
B. As prescribed in Title 49 of the Code of Federal Regulations Part 26, the department shall ensure that maximum opportunity is afforded to socially and economically disadvantaged individuals to compete for and participate in consultant contracts.
Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
A. Preconstruction or construction services consultant engineering firms shall meet the following requirements to be considered for employment by the department:
(1) At least one principal of a firm under consideration shall be a registered professional engineer in the state of Louisiana.
At least one principal or other responsible member shall be currently registered in Louisiana as a professional engineer in the major discipline required for the project. In the case of a land surveying contract, one principal or responsible member shall be currently registered as a professional land surveyor in Louisiana.
(2) At least one principal or responsible member shall have had a minimum of five years experience in responsible charge of the engineering field or fields involved.
B. To be considered for employment for planning, or environmental studies, a consulting firm must meet the following requirements:
(1) At least one of the principals of the firm shall be professionally competent in the field or fields of expertise required for the project.
(2) At least one principal or responsible member of the firm shall have had a minimum of five years experience in responsible charge of or major expertise in the field or fields involved.
C. Requirements or considerations for consultants for preconstruction or construction services and planning, environmental or research studies are, as follows:
(1) Special qualifications to meet particular project needs may be established by the department. These qualifications shall be published in the advertisement for consultant services if established.
(2) A minimum manpower requirement shall be published in the advertisement for consultant services where appropriate.
(3) The department will not consider joint ventures for consulting services, except in rare cases and only after written justification.
D. Sub-consultants providing engineering or land surveying services are bound by the requirements for consultants. Sub-consultants providing other than engineering or land surveying services must demonstrate that qualified personnel are in responsible charge. All sub-consultants are subject to department approval, either at the time of selection or thereafter.
E. Firms may be disqualified from being selected when such firm:
(1) Has received a letter stating that the firm is significantly behind the approved time schedule for completion of any phase of an existing contract with the department.
(2) Has a record of unsatisfactory performance on department projects.
Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
A. Except for research projects, an evaluation team consisting of five department personnel shall evaluate the qualifications of the responding consultant firms. The consultant contract services administrator, or his authorized designee, shall serve as chairman of the evaluation team. The consultant contract services administrator, or his authorized designee, shall select evaluation team members from department personnel who possess experience and qualifications relevant to services to be performed for the project. In addition other persons as determined by the chairman may be called for informational purposes. At least three members of the selected team shall evaluate the qualifications of responding consultants. The consultant contract services administrator, or his designee, serves ex officio and does not evaluate the responding consultant firms. The consultant contract services administrator, or his designee, shall report the results of the evaluation team members to the secretary for all projects except Louisiana Transportation Research Center projects.
B. The Louisiana Transportation Research Center project selection procedure shall be in accordance with the Louisiana Transportation Research Center "Manual of Research Procedures" for Louisiana Transportation Research Center projects.
Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
A. In special and rare circumstances, noncompetitive selection may be utilized. These circumstances include, but are not limited to:
(1) Specialty contracts where the necessary expertise is available only from one or a few sources.
(2) The extension of services by the original consultant required on a project for which the contract has been satisfactorily completed and closed out at an earlier date.
(3) Contracts requiring immediate action.
B. The section head, after ascertaining the need for a noncompetitive selection, shall request approval from the secretary or his authorized designee through the assistant secretary for project delivery in consultation with the chief engineer, assistant secretary for operations, or commissioner of the office of multimodal commerce, whichever is applicable to the project, to engage a specific firm to perform the required services. The request shall be in written form containing the following information:
(1) The justification for a noncompetitive selection.
(2) The recommended firm and the reason for the recommendation.
(3) The type of contract recommended.
(4) The approximate cost.
C. For federal aid projects, the noncompetitive selection shall be submitted to the appropriate federal agency for approval at an early stage.
D. For research projects, the determination for noncompetitive selection shall be based upon a recommendation by the Louisiana Transportation Research Center to the secretary and documented as required in R.S. 48:292(B).
Acts 1991, No. 784, §1; Acts 1998, 1st Ex. Sess., No. 35, §1; Acts 2009, No. 255, §1, eff. July 1, 2009; Acts 2025, No. 380, §1.
A. The department may establish a program to prequalify small engineering consultants for employment on selected department projects. The program shall be known as the "Small Engineering Consultant Program", hereafter referred to in this Section as the "program". The program shall provide opportunities for small engineering consultants who possess minimal experience on department projects to gain such experience in the performance of preconstruction engineering services on selected department projects. The participation by small engineering consultants in the selected projects shall provide firms with an opportunity to earn an experience rating which will enable those firms to compete on other projects. For purposes of this Section, preconstruction engineering services include all professional services before initiation of construction, including but not limited to surveys, environmental analysis, design, and bidding analysis.
B. The estimated contract fee shall not exceed the Federal Highway Administration small purchase limit.
C.(1) Engineering consultants interested in participating in the program shall annually apply for prequalification. Only a small engineering consultant whose firm meets the following qualifications provided by this Paragraph at the time of application may participate in the program:
(a) It has been in business for less than two years.
(b) It is registered and in satisfactory standing with the Louisiana secretary of state as provided by law.
(c) It is licensed by the Louisiana Professional Engineering and Land Surveying Board.
(d) It employs at least one employee who will be in responsible charge of engineering work and who is properly licensed by the Louisiana Professional Engineering and Land Surveying Board.
(e) It employs the equivalent of no more than three professional engineers, including professional engineers employed on a part-time basis.
(f) It has not been competitively selected by the department for preconstruction engineering work within the three years previous to the date of the application for the program.
(2) The department shall annually solicit on its web site a request for qualifications for participation in the program. The solicitation shall identify all of the requirements necessary to apply and qualify for participation in the program.
(3) The department shall provide to any engineering consultant who wishes to apply for prequalification the required standard form request for qualifications, which is to be completed and submitted to the department.
(4) Except as provided in Subsection E of this Section, the department shall accept for participation in the program any consultant who timely submits a complete, standard form request for qualifications and whose completed request clearly demonstrates that the consultant meets the requirements of this Section. The prequalification period is one year, after which the consultant may reapply for participation.
(5) Upon prequalification, a small engineering consultant shall continuously meet the program qualifications. A prequalified small engineering consultant shall immediately notify the department in writing if the firm ceases to meet program qualifications during the one-year prequalification period.
D.(1) The department shall send each prequalified small engineering consultant a request for a letter of interest to perform preconstruction engineering work for individual projects included in the program.
(2) Prequalified consultants who wish to be considered for selection on an individual project shall timely submit to the department a letter of interest signed by a principal of the firm.
(3) The department shall prepare a short list that includes the five responding small engineering consultants who are geographically located closest to the construction project, and the consultants on the short list shall be considered for selection for preconstruction engineering work on the project. If fewer than five prequalified small engineering consultants submit a letter of interest, then all such consultants shall be on the short list and considered for selection.
(4) The department shall select a small engineering consultant from the short list on the basis of an announced and publicly viewable random selection. The department may enter into a contract with the selected prequalified consultant for preconstruction engineering work. Unless provided otherwise in the request for letter of interest, compensation for preconstruction engineering services shall be paid as a predetermined lump-sum fee.
(5) A consultant may not be selected for more than five projects through this program.
E.(1) The department shall not prequalify or shall remove a prequalified consultant firm under the following circumstances:
(a) It employs more than the equivalent of three professional engineers.
(b) It loses its engineering license.
(c) The professional engineer in responsible charge of the engineering work for the project loses his engineering license, except when licensed staff is immediately available to replace the loss.
(d) It receives an average performance rating of less than 1.4 on three department projects.
(e) It applies to and is selected by the department for preconstruction engineering work under competitive selection criteria as provided in this Part.
(f) A prequalified consultant firm requests removal from the program in writing. Written requests for removal shall be addressed to the department's chief engineer and the assistant secretary for project delivery or his designee.
(g) It has been selected to perform five projects through this program.
(2) A prequalified consultant removed from the program may not requalify for the program for a period of three years from the date of removal unless a written corrective action plan is submitted by the consultant to the department's project manager and the plan is approved by the assistant secretary for project delivery, or his designee, in consultation with the chief engineer.
Acts 2007, No. 40, §1, eff. Jan. 1, 2008; Acts 2009, No. 255, §1, eff. July 1, 2009; Acts 2011, No. 197, §1; Acts 2025, No. 380, §1.
A.(1) Except for Louisiana Transportation Research Center projects, upon termination of the deadline for receipt of responses, the evaluation committee team shall confer and evaluate said responses. A point-based rating system based upon the evaluation criteria and weighting factors provided for in this Section shall be used by the team in its evaluation. Interviews may be used as necessary for evaluation. However, if interviews are a requirement, the advertisement shall so state.
(2) The team shall then prepare and present to the secretary a short list of the three highest rated consultant firms provided there are at least three qualified firms. The secretary or authorized designee shall make the final evaluation and selection from the list. If the secretary or authorized designee selects other than the first ranked consultant firm from the short list, the secretary or authorized designee shall document his reasons for selection of other than the first ranked consultant firm on the short list. All responding firms will be notified of the selection. The team will not consider recommendations by others in their evaluation of the firm's qualifications. The team may be assisted by other department personnel. On those projects for which partial or full funding is supplied by others, the secretary or authorized designee may consider recommendations by the entity supplying the funds. This recommendation must be for a firm on the short list. The recommendation is not binding on the secretary or authorized designee.
B.(1) The general criteria and weighting factors to be used by the evaluation team in evaluating responses to requests for consultant services are as follows:
(a) Experience, both firm and individual, key staff personnel, as related to the project under consideration, weighting factors of three and four respectively.
(b) Past performance on department projects, weighting factor of six.
(c) Current work load, weighting factor of five.
(d) Firm size as related to project magnitude, weighting factor of three.
(e) Location where work will be performed, weighting factor of four except that a weighting factor of six is used for Urban System projects.
(f) Any special evaluation criteria specified in the advertisement required to meet particular project needs.
(2) These weighting factors are those usually used for preconstruction services selections. For other types of services or for special project requirements, the weighting factors may be varied based on the specific project requirements. Weighting factors to be used for each project will be stated in the project's advertisement.
C.(1) The Louisiana Transportation Research Center shall utilize the selection criteria and weighting factors in its "Manual of Research Procedures" and any special evaluation criteria and weighting factors specified in the advertisement required to meet particular project needs to evaluate responses to requests for proposals for research consultants.
(2) The director of the Louisiana Transportation Research Center shall recommend to the secretary or authorized designee the final selection of the consultant as determined by review procedures of the research project review committee and center director in accordance with its "Manual of Research Procedures".
D. The written records produced during the evaluation and selection process are subject to the Public Records Act, R.S. 44:1 et seq.
Acts 1991, No. 784, §1; Acts 1993, No. 375, §1; Acts 2003, No. 100, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
A. The department shall utilize either cost plus fixed fee with a maximum limitation, cost per unit of work, specific rates of compensation, or lump sum contracts for either competitive or noncompetitive selections. The fee shall either be negotiated or predetermined. In general, negotiated cost plus fixed fee contracts are used for larger projects with more complex and difficult to determine scopes of services, and pre-determined lump sum fee contracts are used for smaller projects with easier to determine scopes of services.
B. Procedures for utilizing negotiated lump sum fee, cost per unit of work, specific rates of compensation, or cost plus fixed fee with maximum limitation contracts shall be as follows:
(1) Advertisement as required by this Part shall include, but not be limited to the following:
(a) Length and description of project.
(b) Services required.
(c) Material or information to be furnished by the department.
(d) General information and an outline of the selection process, including the criteria/categories used to evaluate the responses and the weighting factors for each.
(2) Except for Louisiana Transportation Research Center projects, after a consulting firm has been chosen, such firm shall be invited to submit a proposal within a time limit. Construction and preconstruction proposals shall conform to the "Consultant Contract Services Manual". Research proposals shall conform to the Louisiana Transportation Research Center's "Manual on Research Procedures". This proposal shall be analyzed by the technical personnel of the involved units and a pre-award audit may be obtained.
(3) The technical review personnel shall negotiate any differences between the man-hour estimates of the department and the consultant firm. Should attempts at agreement between the department and the consultant be unsuccessful, negotiations shall be terminated and another selection shall be made. This process will continue until agreement is reached with a firm or team.
(4) Fees will be based on the negotiated man-hours, the audited salary and overhead rates of the firm or team subject to the department's salary and overhead maximums, the designated contingency percentage, and the computed fixed fee. The department's standard fixed fee computation includes consideration for complexity, overall fee size, and magnitude of the firm's overhead.
(5) The contract will be executed following agreement on the required work effort. The firm shall have ten business days from the date of mailing to execute and return the contract to the department. Should the firm fail to timely execute and return the contract, the department may either select another firm from the original respondents or republish the notice of intent.
C. Procedures for utilizing non-negotiated predetermined lump sum fee, cost per unit of work, specific rates of compensation, or cost plus fixed fee with a maximum limitation shall be as follows:
(1) Advertisement as required by the Part shall include, but not be limited to the following:
(a) Length and description of project.
(b) Services required.
(c) Material or information to be furnished by the department.
(d) Fees by phase of work.
(e) General information, including an outline of the selection process, including the criteria/categories used to evaluate the responses and the weighting factors for each.
(2) Fees shall be determined by using the department's man-hour estimate, the latest average of applicable wage rates, and the latest average overhead, together with a contingency where appropriate and a profit computed in accordance with the department's standard procedure. These fees shall not be subject to further negotiation.
(3) The contract will be executed following notification of selection. The selected firm shall have ten business days from the date of mailing to execute and return the contract to the department. If the firm fails to timely execute and return the contract, the department shall select another firm from the original respondents or republish the notice of intent.
Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
When used in this Part, the following words and phrases have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:
(1) "Contractor" means consultants selected pursuant to R.S. 48:285 et seq. Contractor shall also include bidders or contractors on projects let pursuant to R.S. 48:251 et seq. and participation as joint venturer or subcontractor on department projects.
(2) "Debarment" means the disqualification of a contractor to receive invitations for bids or requests for proposals or the award of any contract by the department and shall be applicable to selection of consultants by the department and participation as a joint venture, subcontractor, or consultant or subconsultant on department projects.
(3) "Debarment committee" means the committee consisting of the following persons acting upon a unanimous vote: the chief engineer or his designee, assistant secretary of project delivery or his designee; the deputy secretary of the department or his designee; and the general counsel of the department or his designee.
Acts 1993, No. 879, §1, eff. June 23, 1993; Acts 2025, No. 380, §1.
A. Applicability. This Section applies to a debarment for cause from consideration for awarding of contracts and participating in performance of contracts as a contractor, subcontractor, consultant, or subconsultant or a suspension from consideration during an investigation where there is probable cause for debarment.
B. Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the debarment committee shall have authority to suspend or debar and may suspend or debar a person for cause from consideration for awarding of a contract or participating in any manner in department projects pursuant to rules and regulations as promulgated by the department, provided that doing so is in the best interest of the department. The causes for debarment are set forth in Subsection C of this Section. The period of debarment shall not exceed three years from the finality of the debarment. The suspension shall not exceed six months. The authority to debar or suspend shall be exercised only after notice and hearing in accordance with the provisions of Subsection D of this Section.
C. Causes for debarment. The debarment committee may debar a contractor, subcontractor, consultant, or subconsultant for any of the following causes:
(1) For final conviction of or final unappealable civil judgment for:
(a) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract.
(b) Violation of federal or state antitrust statutes relating to the submission of offers.
(c) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
(d) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a government contractor or subcontractor.
(2) Upon a preponderance of the evidence for any of the following purposes:
(a) Violation of the terms of a government contract or subcontract so serious as to justify debarment, including but not limited to:
(i) Willful failure to perform in accordance with the terms of one or more contracts.
(ii) A history of failure to perform, or of unsatisfactory performance of one or more contracts.
(iii) Willful failure to perform, or a history of unsatisfactory performance of any contract obligations regarding disadvantaged business enterprise participation in department contracts under the state or federal programs concerning disadvantaged business enterprises.
(iv) Use of substandard materials or failure to furnish or install materials in accordance with the contract in a department project, even if the discovery of the defect is subsequent to acceptance of the project and expiration of the warranty thereof, if such defect amounts to intentionally deficient or grossly negligent performance of the contract under which the defect was a consequence.
(b) Violation of the Drug-Free Workplace Act of 1988 (Public Law 100-690) as indicated by:
(i) The offerer's submission of a false certification.
(ii) The contractor's or subcontractor's or consultant's or subconsultant's failure to comply with its certification.
(iii) Such number of a contractor's or subcontractor's or consultant's or subconsultant's employees having been convicted of violations of criminal drug statutes occurring in the workplace indicating that the contractor, subcontractor, consultant, or subconsultant has failed to make a good faith effort to provide a drug-free workplace.
(c) Any other cause of so serious or compelling a nature that it affects the present responsibility of a government contractor, subcontractor, consultant, or subconsultant including debarment by another governmental entity for any cause listed in this Subsection or the regulations.
D. Hearing and decision.
(1)(a) Initiation of hearing. A debarment or suspension hearing shall be initiated by issuance of written notice to the contractor by the debarment committee.
(b) Notice of hearing. Written notice to the contractor shall include all of the following:
(i) A statement of the time, place, and nature of the hearing.
(ii) A statement of the legal authority and jurisdiction for the hearing.
(iii) A reference to the particular cause for debarment or suspension as set forth in Subsection C of this Section.
(iv) A short, plain, and concise statement of the cause for debarment or suspension.
(v) A statement that failure to participate in the hearing shall serve to waive any and all further administrative remedies.
(c) Hearing.
(i) The debarment committee shall afford the contractor an opportunity to respond and present evidence on issues of fact relevant to the proposed suspension or debarment.
(ii) The debarment committee may, in its discretion, request written statements of the department's position from the department. A copy of such written statement submitted by the department shall be provided to the contractor.
(iii) Informal disposition may be made of any proposed suspension or debarment by stipulation, agreed settlement, consent order, or default.
(d) Record.
The hearing record shall contain:
(i) A copy of the written notice of hearing.
(ii) A return of the service of notice to the contractor of the hearing.
(iii) A transcript of the proceedings before the debarment committee.
(iv) Any document or exhibit presented for consideration to the debarment committee by the contractor or the department.
(v) Any decision, opinion, or reports rendered by the debarment committee.
(e) The debarment committee shall have all proceedings before it recorded electronically at the cost of the department.
(f) Findings of fact made by the debarment committee shall be based exclusively on the hearing evidence and on matters in the notice of hearing.
(2) The debarment committee shall issue a written decision to debar or suspend. The decision shall provide all of the following:
(a) State the reasons for the action taken.
(b) Inform the debarred or suspended contractor, subcontractor, consultant, or subconsultant involved of its rights to administrative and judicial review as provided in this Part.
E. Copy of decision. A copy of both the debarment or suspension hearing notice and the decision under Subsection D of this Section shall be served by certified mail, return receipt requested, or registered mail, mailed to the contractor at the address on file with the contractor's licensing authority. A decision may also be furnished immediately to the debarred or suspended person and any other intervening party.
F. Finality of decision. A decision under Subsection D of this Section shall be final and conclusive unless either of the following occurs:
(1) The decision is fraudulent.
(2) The debarred or suspended contractor, subcontractor, consultant, or subconsultant has timely appealed administratively to the secretary in accordance with R.S. 48:295.3.
G. A contractor disqualified as required by the provisions of this Section may apply for requalification after three years from the date of disqualification. Rules and regulations for requalification of contractors shall be promulgated by the department in accordance with the Administrative Procedure Act.
Acts 1993, No. 879, §1, eff. June 23, 1993; Acts 1999, No. 1235, §1.
A. The secretary or his designee shall have the authority to review and determine any appeal by an aggrieved person from a determination by the debarment committee which is authorized by R.S. 48:295.2.
B. This Section applies to a review by the secretary of a decision under R.S. 48:295.2.
C. The aggrieved person shall file his appeal with the secretary within fourteen days of the receipt of a decision under R.S. 48:295.2(E).
D. The secretary or his designee shall decide within fourteen days whether, or the extent to which, the debarment or suspension was in accordance with the constitution, statutes, ordinances, regulations, and the best interest of the department and was fair. Any prior determination by the debarment committee shall not be final or conclusive.
E. A copy of the decision under Subsection D of this Section shall be served by certified or registered mail or otherwise furnished immediately to the debarred or suspended person or any other intervening party.
F. A decision under Subsection D of this Section shall be final and conclusive unless either of the following occurs:
(1) The decision is fraudulent.
(2) The debarred or suspended person has timely appealed an adverse decision of the secretary or his designee to the Nineteenth Judicial District Court in accordance with R.S. 48:295.4.
Acts 1993, No. 879, §1, eff. June 23, 1993.
A. Any judicial action under this Part shall be governed by R.S. 49:978.1.
B. Any appeal for judicial review of the secretary's decision shall be commenced in the Nineteenth Judicial District Court within sixty days after receipt of the decision of the secretary under R.S. 48:295.3(E).
Acts 1993, No. 879, §1, eff. June 23, 1993.
The highway authorities of the state, parishes and municipalities of Louisiana, acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain and provide controlled-access facilities for public use whenever they determine that traffic conditions, present or future, justify such special facilities. However, within municipalities, the exercise of this power is subject to such municipal consent as is necessary by law.
In addition to the specific powers granted in this Part, they also have, relative to controlled-access facilities, all additional authority now or hereafter vested in them relative to highways or streets within their respective jurisdictions. They may regulate, restrict, or prohibit the use of controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with R.S. 48:1(12).
Added by Acts 1955, No. 129, §1.
The highway authorities may design any controlled-access facility and regulate, restrict, or prohibit access so as to best serve the traffic for which it is intended. The authority's determination of that design is final.
They may divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person has any right of access to, from or across controlled-access facilities to or from abutting lands, except at the designated points at which access is permitted upon the terms and conditions specified from time to time.
Added by Acts 1955, No. 129, §1.
For the purposes of this Part, the highway authorities may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by donation, purchase, exchange, lease, or expropriation in the same manner as they are now or hereafter may be authorized by law to acquire property or property rights in connection with highways and streets within their respective jurisdictions. They may acquire any use of the property or the full ownership of it.
In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the highway authorities may, in their discretion, acquire an entire lot, block, or tract of land when they determine it will best serve the interests of the public, even though said entire lot, block or tract is not immediately needed for the right of way proper.
Added by Acts 1955, No. 129, §1.
The highway authorities may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within or being a controlled-access facility.
They may provide for the elimination of intersections at grade of controlled-access facilities with existing state and parish roads or municipal streets by grade separation or service roads or by closing off roads and streets at the right of way boundary line of the controlled-access facility. After the establishment of any controlled-access facility, no highway or street which is not part thereof shall intersect it at grade. No municipal, parish or state highway, or street, or other public way shall be opened into or connected with any controlled-access facility without the consent and previous approval of the highway authority having jurisdiction over the facility. Such consent and approval shall be given only if the public interest is served thereby.
Provided however that notice of intent to establish such controlled-access facility within a municipality or within five miles thereof shall be delivered to the executive offices of such municipality together with plats outlining in reasonable detail the proposal not less than thirty days prior to the undertaking of such construction.
Provided further that in the event of objection to such proposal by the governing authorities of such municipality the same shall not be undertaken except after a public hearing by the board of highways.
After such public hearing a decision by the board of highways relative thereto shall be final.
Added by Acts 1955, No. 129, §1.
The highway authorities may enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled-access facilities or other public ways in their respective jurisdictions, to facilitate the purposes of this Part.
Added by Acts 1955, No. 129, §1.
In connection with the development of any controlled-access facility, the highway authorities may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or designate as local service roads and streets any existing road or street and exercise jurisdiction over service roads in the same manner as is authorized over controlled-access facilities under the terms of this Part when they determine the local service roads and streets are necessary or desirable. The local service roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper highway authority.
Added by Acts 1955, No. 129, §1.
A. Except to the extent authorized by law for expressway projects of the Louisiana expressway authority or any other toll road or turnpike project, and except as provided by this Section, no automotive service station or other commercial establishment for serving motor vehicle users shall be constructed or located within the right of way of, or on publicly-owned or publicly-leased land acquired or used for or in connection with a controlled-access facility.
B.(1) The secretary may permit the placement of vending machines and concession structures within or on any controlled-access facility or rest area. Such machines or concession structures shall be operated in accordance with applicable state and federal law.
(2) The secretary is hereby authorized to either purchase, install, and operate vending machines or to utilize private contractors, subject to the review and consent of Louisiana Works as the Randolph-Sheppard licensing agency. If private contractors are utilized, the contractors shall be selected in accordance with public bid law.
(3) The secretary is further authorized to enter into a cooperative agreement with Louisiana Works concerning the division of gross sales or net proceeds derived from the operation of these vending machines and concession structures at interstate rest areas. The construction, general maintenance, upkeep, and improvement of the vending machines and concession structures shall be the responsibility of the private contractor or designated operator.
(4) It is the specific intention of this Subsection that the grant of discretion given to the secretary is for the purpose of allowing the state to fully avail itself of the authorization granted by applicable federal law. These provisions shall be liberally construed to attain these purposes.
Added by Acts 1960, No. 514, §1. Acts 1986, No. 568, §1; Acts 1989, No. 304, §1, eff. June 27, 1989; Acts 2010, No. 939, §10, eff. July 1, 2010.
In the interest of the safety and convenience of motor vehicle operation, appropriate geometric designs and traffic regulatory devices shall be employed to provide separate channels for the movement of vehicles traveling in different directions and to regulate the maneuvering of vehicles within and between these traffic streams.
The chief engineer may regulate, and, when the safety or convenience of the traveling public requires it, prohibit the parking or loading and unloading of any type of vehicle on any highway within the state highway system. Parking on the traveled surfaces and storing of articles or commodities of any kind within the right-of-way area is prohibited.
Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
The chief engineer of the Department of Transportation and Development may regulate, as to method, the moving of tangible movable property across the highways.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
Entrances to and exits from private properties adjacent to the rights-of-way of state highways may be regulated, prohibited, or abolished in the interest of the safety of the traveling public. The chief engineer of the Department of Transportation and Development, from time to time, shall prepare and promulgate descriptions and illustrations of various types and styles of entrances and exits consistent with this purpose and shall issue permits of necessity and convenience for the installation of entrances and exits in accordance with its promulgated regulations and standards. The department may apply to the courts for such process as may be necessary to make the provisions of this Section effective.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
A. The secretary or his designee may designate high-occupancy vehicle (HOV) lanes on any highway in the state highway system where adequate shoulders exist and may restrict the use thereof to vehicular traffic classified as a "high-occupancy vehicle (HOV)" to the extent that the secretary or his designee thinks it expedient. Nothing in this Section authorizes the secretary or his designee to designate an existing roadway or travel lane as a high-occupancy vehicle (HOV) lane.
B. Terms as defined in R.S. 32:1 and R.S. 47:820.5.9 shall retain their definitions, unless the term or terms are specifically defined in this Subsection. Unless the context dictates otherwise, when used in this Section, the following terms shall have the following meanings:
(1)(a) "High-occupancy vehicle (HOV)" is defined as follows:
(i) A bus or school bus.
(ii) A passenger car, pickup truck, van, recreational vehicle, or other motorized passenger vehicle, provided that the vehicle has a driver and at least one passenger or more, if so provided by rule for the HOV lane being utilized, and is a qualified HOV as defined in R.S. 47:820.5.9(B).
(b) A truck or tandem truck, tractor, truck-tractor, combination of vehicles, or commercial motor vehicle carrying or transporting freight, merchandise, or other property shall not be a high-occupancy vehicle.
(2) "High-occupancy vehicle (HOV) lane" means one or more lanes of a highway or an entire highway designated by traffic control devices where high-occupancy vehicles are given at all times, or at regularly scheduled times, a priority or preference over some or all other vehicles moving in the general stream of all highway traffic. This shall include shoulders that have been designated for use as HOV lanes during designated hours.
C. Any high-occupancy vehicle (HOV) lane designated pursuant to Subsection A of this Section may be used by a motorcycle or an authorized emergency vehicle, as defined in R.S. 32:1, or by any other vehicle operated by the department or its agents when designated by the secretary of the department through the promulgation of rules and regulations, without regard to the number of riders or passengers, provided that the vehicle fulfills any applicable registration requirements of R.S. 47:820.5.9(D).
D. The department shall have the authority to promulgate rules and regulations related to enforcement, authorized use, and penalties of the high-occupancy vehicle lanes. Notwithstanding any other law to the contrary, the rules and regulations shall be in accordance with the selected implementation method of the high-occupancy vehicle lanes.
Acts 2019, No. 81, §1; Acts 2023, No. 321, §2, eff. June 12, 2023.
The assistant secretary of the office of operations or the chief engineer may close any section of highway to all or any class or part of traffic or restrict the use thereof to the extent he thinks expedient for any length of time that, in his judgment, is appropriate for any of the following reasons:
(1) To permit construction or maintenance operations to proceed without interruption.
(2) To protect the property of the state or the persons and property of the traveling public.
(3) In his opinion, there is an emergency requiring the closing or restriction.
(4) In his opinion, the closing or restriction is in the best interest of the state or the state highway system.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §8, eff. July 11, 1979; Acts 1984, No. 625, §1; Acts 2003, No. 701, §1.
During the sugarcane harvest season, the Department of Transportation and Development may install in those parishes where sugarcane is harvested, temporary road signs which warn motorists of particular road hazards existing throughout the harvest season.
Added by Acts 1974, No. 137, §1. Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
A. The department may apply to the court for any process necessary to prevent the installation of any structure, sign, obstacle, object, deposit, or thing within the limits of a highway contrary to this Chapter or any lawful regulation issued hereunder.
B. Whenever any advertising sign located within fifty feet of the outer edge of the right of way constitutes a dangerous hazard to the traveling public, the department may, after due notice to the owner thereof to remove it, apply to the district court of the parish in which the sign is located for the process necessary to effect the removal of the sign.
C. Whenever any of the things described in Subsection A of this Section are found to exist within the limits of a highway, the department may summarily remove and dispose of it at the expense of the person responsible therefor. If it retains apparent value, the owner shall be notified, orally or in writing, to remove it within five days or such other period as may be agreed upon. If the owner be unknown or cannot be found, a written notice shall be affixed to the object setting forth that it must be removed within a period not less than five days from the date specified. Failure to remove within the specified period operates as a forfeiture of all rights thereto and the department may remove the object for its own use, or dispose of it at private or public sale, or destroy it, or dispose of it in any manner. The owner and any other person responsible therefor remains liable for any damage to public property or expenditure of highways funds resulting from the installation or removal of such things.
D. Notwithstanding any other provision of law to the contrary, political campaign signs shall not be erected, displayed, or posted within any highway right-of-way or litter-free zone, subject to the provisions and penalties of R.S. 30:2531 and R.S. 30:2544, and the collection and distribution of fines as provided in R.S. 30:2532.
Amended by Acts 1954, No. 126, §1; Acts 1984, No. 225, §1; Acts 1989, No. 768, §4; Acts 1998, 1st Ex. Sess., No. 148, §6.
The secretary may, from time to time, issue maps of the state highway system, or brochures or pamphlets for the information and education of the traveling public in matters of traffic and safety. All such literature shall be issued in the name of the department and shall not bear the name of any individual employed by the state or seeking an elective office of the state. Reproduction of maps, brochures or pamphlets by any individual, firm or agency without the written approval of the secretary is prohibited.
Amended by Acts 1977, No. 291, §1.
§§361 to 373 Repealed by Acts 1986, 1st Ex. Sess., No. 32, §8.
A. When not inconsistent with the purposes of state highways, the chief engineer may issue permits for the use and occupancy of the rights-of-way of state highways as follows:
(1) For the installation, operation, and maintenance of underground pipes, conduits, or cables along or across the highways for the purpose of transporting or conveying fluids, telephone or telegraph messages, cable television signals, gases, or electric current for any purpose.
(2) For the installation, operation, and maintenance of overhead cables, pipes, conduits, or wires, together with appropriate supporting structures, for the conveying or transporting of fluids, telephone or telegraph messages, cable television signals, or electric current for any purpose.
(3) For the erection, operation, and maintenance of structures crossing the highway over or beneath the traveled surface for the purpose of providing trans-communication for vehicles, pedestrians, cattle, or railway rolling stock.
(4) For the erection, operation, and maintenance of structures for the shelter of waiting passengers at designated transit stops of a public transit system, provided that the municipality, parish, or other political subdivision which erects, operates, maintains, or owns the structure or structures under permits issued hereunder shall indemnify the state and its departments and agencies against any damage to any person or property which occurs as a result thereof.
(5) If a permittee receives a permit or authorization from the department to locate facilities within highway rights-of-way, said permittee may locate in the highway right-of-way and not be displaced by any entity other than the department, whether the department's ownership is full or a servitude.
B. All such installations shall be in accordance with the best modern practice and national underwriting standards and shall be so maintained. Permits shall be issued only to owners of the facility and shall be nonexclusive. Installations which will interfere with the proper operation and maintenance of highways are expressly prohibited.
C.(1) No installation may be made except upon the explicit condition that the owner thereof shall, at no cost to the department, remove or relocate the facility when that is necessary to permit the widening, relocation, or other improvement of the highway, when so ordered by the chief engineer of the department or his duly authorized representative; however, this condition shall not apply to the removal or relocation of municipally owned utility installations located within the limits of the municipality in cases where the necessity of such removal or relocation is created by the construction, repair, or improvement of an interstate highway. In such instances the cost of removal or relocation shall be paid for by the department, and such payment shall be deemed a valid use of funds appropriated or otherwise made available to the department for highway purposes. Payment for such relocation or removal of municipally owned utility installations shall be made only as to projects in the process of construction on July 1, 1992, and projects begun thereafter. The making of such payments shall be conditioned upon the availability of federal aid funds to reimburse the department for such expenditures.
(2)(a) However, in such instances where a municipality, parish, or special district created by or pursuant to law or a nonprofit water corporation or nonprofit gas district owns a utility installation, and it is necessary to remove or relocate such installation for the construction, repair, widening, relocation, or improvement of a state or an interstate highway, and a public accountant, the Department of Transportation and Development, or the entity's private certified public accountant, after an examination of the books of such municipality, parish, special district, nonprofit water corporation, or nonprofit gas district, certifies that unencumbered funds are not available out of the accumulated unreserved earnings generated by the utility for payment for the removal or relocation of the utility installation, the department may contract itself for the proposed work to the utilities.
(b)(i) "Unencumbered funds" as used in this Subsection shall not include an amount equal to ten percent of the annual income from the utility that a municipality, parish, special district, nonprofit water corporation, or nonprofit gas district is hereby authorized to set aside as reserve. However, if the department contracts itself for the utility removal or relocation, the municipality, parish, special district, nonprofit water corporation, or nonprofit gas district shall henceforth be prohibited from locating a utility installation in any state-owned right-of-way until the municipality, parish, special district, nonprofit water corporation, or nonprofit gas district reimburses the state for the cost of the removal or relocation. Notwithstanding the foregoing provision, the Department of Transportation and Development may enter into any contract allowing any municipality, parish, special district, nonprofit water corporation, or nonprofit gas district to locate a utility installation in a state-owned right-of-way if the contract is required by the public need.
(ii) The definition of unencumbered funds as used in this Section shall not be applicable unless and until there is approval of the Federal Highway Administration of the United States Department of Transportation.
(3)(a) The chief engineer, or his duly authorized representative is hereby authorized to negotiate utility relocation agreements containing liquidated damages clauses, equal to .15 percent per day of the estimated utility's relocation costs, regarding delays caused solely by the unjustifiable delinquency of a utility in the completion of relocation work. The chief engineer, or his duly authorized representative, may decline the issuance of a permit to any utility company that is unjustifiably delinquent in completing a relocation project and shall continue to so decline until such a project is completed.
(b)(i) "Unjustified delinquency" as used in this Subsection shall not include delays in the completion of relocation work caused by acts beyond the reasonable control of the utility as provided in Item (ii) of this Subparagraph.
(ii) Should any delay be caused by the inability of the utility to complete its work in a timely manner due to acts beyond its reasonable control, or due to any delays caused by another utility, another contractor, or the department in the completion of relocation work, and the delay cannot be estimated, then the affected relocation work of the utility shall be suspended until the cause for the suspension is removed without incurrence of liquidated damages as otherwise provided in this Subsection.
(iii) When the utility has resumed the delayed relocation work, such utility shall complete its work within the calendar days as specified in the utility relocation agreement. Should the utility fail to complete its work as specified in the agreement, such utility shall be subject to the liquidated damages as provided in Subparagraph (a) of this Paragraph.
(4) Where existing lines are to be relocated and the utility company does not have sufficient information of record to determine the location of its facilities, then the utility is required to advise the department and fully cooperate with the department's contractor by locating or exposing, if necessary, to enable the contractor to avoid or minimize damages during construction.
(5) All nonmetallic utility lines installed or relocated within the highway right of way by permit or otherwise will be provided with pipe locator wire or tape acceptable to the department.
(6) The department shall use all practical means in consultation with utility operators during the planning, design, and execution of highway projects to avoid the need for utility relocation. The timeframe for operator response prior to the accrual of penalties shall be determined through this consultation.
D. The assistant secretary for project delivery, or his duly authorized representative, in consultation with the chief engineer may require a deposit in the form of a certified check or other guaranty in a form and in an amount deemed by him to be necessary for the proper protection of the state prior to the issuing of a permit when the installations require excavations, or at other times when he believes a deposit or guaranty is necessary to protect the department's interests.
E.(1)(a) Except for rural water districts, the assistant secretary for project delivery or his duly authorized representative may also assess reasonable utility operator's annual permit fees in connection with the issuance of permits. Such fees as determined by the department shall not exceed the maximum fees as set in the following schedule:
Utility Operators' Maximum Annual Fee Schedule
Maximum Annual
Operator Type Customers Fee
Class 1 0 - 100 $ 20.00
Class 2 101 - 500 $ 50.00
Class 3 501 - 6000 $ 200.00
Class 4 more than 6000 $ 700.00
Operator of Transmission
Pipelines and Natural Gas
Gathering Systems $100.00/Parish
$1,500.00/Maximum (b) The above schedule shall not apply to longitudinal telecommunication facilities operating within interstate or controlled access rights-of-way.
(2) The assistant secretary of project delivery or his duly authorized representative may also assess reasonable operator's fees for rural water districts in connection with the issuance of permits to defray the expense of inspections by the department's employees.
(3) As used in this Subsection, the term "rural water district" means a not-for-profit entity whose purpose is to supply water to residents of rural, unincorporated areas which are not served by parish or municipal water systems.
F. "Utility operator" as used in this Section shall mean any person, individual, governmental agency, or political subdivision or its agent, joint venture, firm, partnership, association, or corporation, including telephone or telegraph systems, fiber optic electronic communication systems, cable television systems, natural gas and propane distribution systems, or water or water systems, owning or operating a public utility which furnishes service or material, or stores, transports, or transmits electric energy, steam, oil, gases, gas, mixture of gases, petroleum, petroleum products, hazardous or flammable fluids, toxic or corrosive fluids or gases.
G. All fees shall be deposited by the secretary of the Department of Transportation and Development in the Right-Of-Way Permit Processing Dedicated Fund Account established in the office of the treasurer pursuant to R.S. 48:381.1 and said fees shall be set aside for the use of the Department of Transportation and Development to defray the expenses of the right-of-way permit office connected with the issuance and processing required for permitted activity within state roads and highways rights-of-way.
H. The secretary shall promulgate rules and regulations to effect the provisions of this Section as they apply to the fees for utility rights-of-way.
I. The chief engineer, or his duly authorized representative, within the limitations stipulated in R.S. 48:381 through 386, may issue such other regulations and impose such other limitations as he believes are necessary and desirable.
Amended by Acts 1952, No. 190, §1; Acts 1966, No. 412, §1; Acts 1977, No. 291, §1; Acts 1978, No. 76, §1; Acts 1980, No. 354, §1; Acts 1981, No. 319, §1; Acts 1983, No. 92, §1, eff. June 17, 1983; Acts 1984, No. 271, §1. Acts 1984, No. 820, §1, eff. July 13, 1984; Acts 1992, No. 349, §1, eff. June 17, 1992; Acts 1992, No. 350, §1; Acts 1993, No. 150, §1; Acts 1993, No. 167, §1; Acts 1993, No. 529, §1; Acts 1993, No. 998, §1; Acts 1995, No. 1075, §1; Acts 1997, No. 282, §1; Acts 1997, No. 1035, §1; Acts 1997, No. 1328, §1; Acts 2006, No. 11, §5; Acts 2006, No. 211, §1; Acts 2006, No. 319, §1, eff. June 13, 2006; Acts 2021, No. 114, §14, eff. July 1, 2022; Acts 2025, No. 380, §1.
A. The chief engineer, or his duly authorized representative, may enter into joint use agreements affecting those highway rights-of-way which consist of elevated sections and other highway rights-of-way which may be deemed suitable and available by the chief engineer. The provisions of this Section shall in no way be interpreted to apply to any entity governed by the Public Service Commission.
B. The secretary shall promulgate rules and regulations in accordance with law to effectuate the provisions of this Section, to implement a fee schedule, and to provide for the disposition of fees.
C. The maximum fee shall not exceed the fair market value of the property nor shall it exceed the reasonable cost of defraying the expenses of the right-of-way permit office with regard to the purposes of this Section.
D. The assistant secretary for project delivery may waive fees for governmental entities, political subdivisions, colleges, and universities, provided that said entities derive no income directly from the use of highway rights-of-way, and provided that said entities meet any and all state and federal requirements for a fee waiver.
E. All fees collected pursuant to the provisions of this Section shall be deposited by the secretary of the Department of Transportation and Development into the state treasury for credit to the Right-of-Way Permit Processing Dedicated Fund Account, hereafter referred to in this Part as the "Right-of Way Account". After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the monies so deposited shall be credited to the Right-of-Way Account for the use of the Department of Transportation and Development to defray the expenses of the right-of-way permit office. Excess fees, over and above the expenses of the right-of-way permit office, shall be distributed to federally approved highway projects. All monies existing in the Right-of-Way Account at the end of each fiscal year shall be retained in the account and shall not be deposited in the general fund. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
F. All rules promulgated pursuant to this Section shall be subject to approval by the Federal Highway Administration.
G. Expenses for relocation or adjustments to utility facilities required for use on state right-of-way shall be the responsibility of the grantee.
Acts 1995, No. 504, §1; Acts 2021, No. 114, §14, eff. July 1, 2022; Acts 2025, No. 380, §1.
A.(1) The chief engineer or his duly authorized representative may issue nonexclusive permits, on a competitively neutral and nondiscriminatory basis for use of public rights-of-way, to utility operators for the purpose of installation of fiber-optic cable facilities within controlled-access highway rights-of-way.
(2) Fiber-optic cable providers may submit permit applications to the department whereby the utility provider commits to a payment of a one-time flat fee per permit.
B.(1) The chief engineer or his duly authorized representative may issue nonexclusive permits, on a competitively neutral and nondiscriminatory basis for use of public rights-of-way, to utility operators for the purpose of installation of wireless telecommunications equipment and facilities within highway rights-of-way.
(2) Wireless telecommunications providers may submit permit applications to the department whereby the utility provider commits to a payment of a flat fee per permit.
C. The secretary may promulgate rules and regulations in accordance with the Administrative Procedure Act to specify the following:
(1) Amount of fees to be charged in applicable cases.
(2) Requirements for telecommunication resources to be provided to the state in instances where "shared resources" agreements are utilized. As used in this Section, "shared resources" shall include in-kind services.
(3) Criteria whereby the number of utility operators to be allowed to install facilities in certain areas will be determined based on such factors as square footage available.
(4) Safety regulations and maintenance standards to be followed by the utility operator.
(5) Relocation policy.
D. All fees shall be deposited by the secretary of the Department of Transportation and Development in the state treasury. After such deposit, an amount equal to the fees collected shall be transferred to the Right-of-Way Account established pursuant to R.S. 48:381.1 and shall be set aside for the use of the Department of Transportation and Development to defray the expenses of the right-of-way permit office in connection with the issuance and processing required for permitted activity within the state roads and highway rights-of-way.
E. All rules and regulations are subject to the Administrative Procedure Act and the approval of the Federal Highway Administration.
F. The fee for fiber-optic telecommunication installations placed within a controlled access highway right-of-way shall not exceed the actual cost of the administration of the program. The department may reduce fees in exchange for shared resources. The department is authorized to reduce fees for its agents, defined for the purposes of this Subsection as those applicants who erect facilities on behalf of the department in order to conduct department work.
G. The secretary shall prepare and submit an annual report to the House and Senate transportation, highways and public works committees, which summarizes the activities, revenues, and expenditures of the right-of-way permit office related to the administration of this Section. The first annual report required under the provisions of this Subsection shall contain a summary of the activities, revenues, and expenditures of the right-of-way permit office from the beginning of the program to date and shall be submitted to the House and Senate transportation, highways and public works committees not later than January 30, 2002. Each subsequent annual report shall be submitted not later than ninety days following the end of each calendar year and shall contain the following information:
(1) Deposits and withdrawals from the Right-of-Way Account related to this Section.
(2) Number and summary of all "shared resource" permits including:
(a) The identity of the permittee.
(b) Location of fiber-optic cable facilities of the permittee.
(c) Location of resources accepted along "alternative routes".
(d) Valuation of shared resources including the methodology utilized to calculate such valuation.
(e) A description, including the location, of any shared resources used by the department.
(3) Number of fiber-optic permits issued by the department.
(4) Names of all active permittees.
(5) Information on all permits which have been revoked including the reason for revocation.
(6) Status of all pending permit applications.
(7) Amount of fees collected by the department from permittees.
(8) Copies of all rules promulgated by the department and all notices of intent to promulgate administrative rules.
(9) Description and summary of all meetings with industry members or their representatives.
(10) Other information the secretary deems helpful regarding fiber-optic cable within highway rights-of-way.
Acts 1997, No. 1035, §1; Acts 1999, No. 1382, §1, eff. July 13, 1999; Acts 2001, No. 277, §1, eff. June 1, 2001; Acts 2001, No. 399, §1, eff. June 13, 2001; Acts 2021, No. 114, §14, eff. July 1, 2022.
A. The duty of care owed to the motoring public by the owners and/or operators of public utility facilities, located adjacent to a highway, road, street, or bridge in this state shall be satisfied when:
(1) With respect to state highways, the public utility facilities comply with the provisions of the applicable edition of the National Electrical Safety Code for structure placement relative to roadways and with the applicable edition of the Department of Transportation and Development Standards Manual for Accommodating Utilities, Driveways and Other Facilities on Highway Right-of-Way, Section 4B1. The provisions of this Paragraph shall not alter any conditions and standards of any permit issued by the Department of Transportation and Development for the use and occupancy of the right-of-way of any state highway.
(2) With respect to roads, streets, and bridges not part of the state highway system, the public utility facilities located in public right-of-way comply with the provisions of the applicable edition of the National Electrical Safety Code for structure placement relative to roadways, and to the extent they exist, with applicable ordinances of the parish or municipality that specify the location for public utility facilities in public right-of-way.
(3) With respect to roads, streets, and bridges not part of the state highway system, the public utility facilities located on private property comply with provisions of the applicable edition of the National Electrical Safety Code for structure placement relative to roadways.
(4) With respect to structures, appurtenances, equipment, or appliances whose placement or installation is not subject to the provisions of the National Electric Safety Code, the public utility facilities comply with the provisions of the applicable national standards, the applicable edition of the Department of Transportation and Development standards, or local standards in effect at the time such structure, appurtenance, equipment, or appliance is placed, installed, or located adjacent to any highway, road, street, or bridge in this state, whether or not a part of the state highway system.
B.(1) The owner of a road, street, highway, or bridge, which is not itself the owner or operator of a public utility, shall owe no duty to the motoring public regarding or relating to the placement or location of any public utility facilities within or appurtenant to the right-of-way of such road, street, highway, or bridge.
(2) No private property owner, which is not itself the owner or operator of a public utility, shall owe a duty to the motoring public regarding or relating to the placement or location of any public utility facilities on or appurtenant to this property.
C. For the purpose of this Section "public utility facilities" means pipes, mains, conduits, cables, wires, towers, poles, and other structures, equipment or appliances, whether publicly or privately owned, installed, or placed adjacent to any roadway by an owner or operator of a public utility facility.
Acts 1999, No. 874, §1.
The assistant secretary for project delivery or his duly authorized representative may enter into agreements with a wireless telecommunications tower manager to manage such towers for specified periods as follows:
(1) One or more telecommunication towers owned and operated solely by the department may be managed for a period less than set forth in Civil Code Article 3473.
(2) Telecommunication towers in either of the following categories may be managed for a period less than that set forth in Civil Code Article 3486:
(a) One or more telecommunication towers owned or operated by the department which have been strengthened by the wireless telecommunications tower manager.
(b) One or more telecommunication towers erected by the wireless telecommunications tower manager on public or highway rights-of -way.
Acts 1999, No. 1382, §1, eff. July 13, 1999; Acts 2025, No. 380, §1.
A. When an existing highway is intersected or proposed to be intersected by a facility or utility used or to be used for the transportation of persons or commodities, as a railway or canal, or when an existing highway is intersected by an artificial waterway for drainage, irrigation, or other purposes, the owner of the facility or utility shall provide a means of crossing the highway which in the opinion of the chief engineer or his duly authorized representative is appropriate and adequate and shall provide for the subsequent maintenance and replacement of the crossing in accordance with current maintenance standards.
B. When a highway is constructed across such an existing facility or utility, the agency constructing or causing the construction of the highway shall provide for the construction of an adequate and appropriate crossing and for the subsequent maintenance and replacement of the crossing in accordance with current maintenance standards.
C. Failure to correct deficiencies in the maintenance of a crossing as described in Subsection A and Subsection B of this Section within thirty days notice by receipt of registered mail from the Department of Transportation and Development of such deficiencies, shall constitute a misdemeanor, upon conviction of which the owner of the facility shall be fined not less than one hundred dollars nor more than one thousand dollars.
Amended by Acts 1974, No. 532, §1; Acts 1977, No. 291, §1; Acts 1979, No. 541, §1; Acts 1992, No. 350, §1.
Where a highway is built across a drainage or irrigation canal which was dug by a floating dredge or which may be subject to cleaning or recleaning by a floating dredge, a bridge shall be built at the crossing of a design approved by the chief engineer which shall permit a quick, easy, and efficient removal and replacing to facilitate the cleaning of the canal.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
A. When the state builds a highway across a canal, the bridge shall be paid for out of the Transportation Trust Fund, except in cases where the owner or owners of the canal are obligated to the erection and maintenance of a bridge over it.
B. When the canal is built across the highway, the bridge shall be paid for and maintained by the person or political subdivision for whose account the canal is built.
Acts 1999, No. 897, §2, eff. July 2, 1999.
No industrial wastes, sewage, septic tanks effluent, nor any noxious or harmful matter, solid, liquid, or gaseous, shall be discharged into the side or cross ditches or placed upon the rights-of-way of state highways, without the prior written consent of the chief engineer, or his duly authorized representative, and of the secretary of the Louisiana Department of Health.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
A. Whenever a highway crosses a railroad track at grade, and the grade crossing needs repair and should, in the judgment of the chief engineer or his duly authorized representative, be repaired, and if, after fifteen days' notice in writing, the railroad company whose tracks are crossed thereby fails to repair it, the department may make the repairs and maintain the crossing and charge the expenses thereof to the railroad company.
B. Whenever a warning device located at a railroad crossing needs repair or is not being maintained in compliance with federal guidelines and should, in the judgment of the chief engineer or his duly authorized representative, be repaired or receive maintenance, written notice of the necessity of such repair or maintenance shall be given to the railroad company owning the track at which the device is located. If the railroad does not proceed with the repair or maintenance within thirty days after receipt of the notice, the department may initiate the performance of the repair or maintenance of the warning device and charge the expenses thereof to the railroad company.
Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1; Acts 1998, 1st Ex. Sess., No. 79, §1.
A. As used in this Section, the following definitions shall apply:
(1) "Maintenance length" means a distance of three hundred feet on each side of the centerline of the public road or highway.
(2) "Maintenance width" means a distance of fifty feet on each side of the centerline between the rails or the width of the operating right-of-way, whichever is shorter. The measurement for grade crossings with multiple tracks shall be from the centerlines of the outside tracks.
(3) "Structures and other obstructions" means man-made items placed within the required maintenance area but shall not include:
(a) Any device or structure which is necessary for the safe operation of the railroad.
(b) Any device or structure which is necessary for the safe operation of a motor vehicle.
(c) Any device or structure installed by any governing authority having regulatory authority over the public road or highway.
(d) Fences.
(e) Any device or structure legally placed by public utility or telecommunication companies.
(f) Any permanent structures or buildings in existence prior to June 1, 2002.
(4) "Vegetation" means grass, high weeds, brush, climbing vines, shrubbery, and trees.
B. In addition to the requirements set forth in R.S. 45:323, all railroad companies operating in this state shall maintain their rights-of-way at any public road or highway railroad grade crossing that is not protected by an active warning device that includes lights and cross-arms, in such a manner that the vegetation and structures and other obstructions do not obstruct the view of motorists approaching such public road or highway railroad grade crossing.
C. Railroad companies shall cut vegetation and remove structures and other obstructions that obstruct the view of the operator of any motor vehicle approaching any public road or highway railroad grade crossing that is not protected by an active warning device that includes lights and cross-arms, from either direction and that are located within the maintenance width and maintenance length of the crossing.
D.(1) The Department of Transportation and Development may periodically inspect and evaluate all state highway railroad grade crossings on state highways to determine whether such grade crossings are maintained in compliance with the provisions of this Section. If the Department of Transportation and Development determines that a particular grade crossing is not in compliance with the provisions of this Section, the department shall inform the parish or municipal governing authority in whose jurisdiction the crossing is located of such determination and the respective governing authority shall notify the respective railroad company.
(2) Each parish or municipal governing authority may periodically inspect and evaluate all nonstate public road or highway railroad grade crossings located within its jurisdiction to determine whether such grade crossings are maintained in compliance with the provisions of this Section. If a parish or municipal governing authority determines that a particular grade crossing is not in compliance with the provisions of this Section, the governing authority shall notify the respective railroad company.
(3) Every notification to a railroad company, as authorized under the provisions of this Subsection, shall be in writing transmitted by certified mail, return receipt requested, to the person listed as the registered agent of the railroad company for service of process.
(4) Every railroad company who fails or refuses to maintain, or to cause a grade crossing to be in compliance with the provisions of this Section within fifteen working days after receipt of notification, as provided in this Subsection, shall be subject to a civil fine of not less than one hundred dollars for each day of the violation after receipt of the notification subject to a maximum fine not to exceed a total of five thousand dollars, payable to the appropriate parish or municipal governing authority.
E. In any civil action to recover damages arising from or out of a railroad grade crossing accident, the failure of the Department of Transportation and Development or any parish or municipal governing authority to inspect and evaluate a public road or highway railroad grade crossing and notify a railroad company of noncompliance, as provided for in Subsection D of this Section, shall not be considered as comparative negligence and shall not be discoverable or admissible as evidence in any civil trial.
Acts 2002, 1st Ex. Sess., No. 155, §1, eff. April 25, 2002.
The Department of Transportation and Development may, to the extent that the legislature appropriates funds therefor, make payments to railroads, whose railroad grade crossings across state highways are or shall hereafter be marked by the installation of flashing light signals, for not more than one-half the cost of maintenance of such flashing light signals during the fiscal year for which the funds are appropriated.
Added by Acts 1966, No. 511, §1. Amended by Acts 1977, No. 291, §1.
A. The Department of Transportation and Development is hereby authorized to exercise those powers necessary for the state to qualify for federal rail freight service assistance pursuant to the provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 or any other applicable federal act. The department shall:
(1) Administer and coordinate or modify the state rail plan as required by Federal Public Law 94-210, as amended.
(2) Provide satisfactory assurances on behalf of the state that such fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state.
B. The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the preservation of operations and maintenance of any railroad within the state as provided for in relevant federal legislation. The department may act as the agent in cooperation with any railroad of any local or regional transportation authority, local government units, or any person, and the federal government in any rail freight service assistance program.
C. The department may cooperate with other states in connection with the preservation of any rail freight services within the state. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements with other states.
D. The department may contract with any person firm, corporation, agency or government to provide, maintain or improve rail freight service within this state.
E. The department is authorized to promulgate rules and regulations consistent with and for the purpose of adequately implementing this act.
F. State funds may be used for financial assistance to any private or public person or corporation, provided the department submits a report to the House and Senate committees on transportation, highways, and public works prior to application for federal funds.
Added by Acts 1979, No. 337, §1, eff. July 10, 1979; Acts 2016, No. 658, §1, eff. June 17, 2016.
A.(1) The Class II and III Rail Infrastructure Improvement Program is hereby created within the department.
(2) The program shall be made available to Class II and III railroads for rail improvement needs to maintain efficient rail service on the rail network and to implement recommendations in the Louisiana Freight Mobility Plan and State Rail Plan. Eligible projects include but are not limited to:
(a) Track, equipment, signaling, and right-of-way acquisition and preservation.
(b) Rail line relocation and improvement.
(c) Multimodal connector enhancements and supporting facilities.
(d) Highway-rail grade crossing and associated equipment improvements.
(e) Planning, engineering, and design for selected projects.
(3) Funding through the grant program shall be subject to, but not limited to the following criteria:
(a) The availability of funds.
(b) A comparative needs analysis of requested projects as determined by the department.
(c) Demonstrable public benefits to be achieved by the project.
(d) A minimum fifty percent match provided from sources other than the Transportation Trust Fund.
B.(1) Transportation Trust Fund money may be used for the administrative expenses to promulgate rules and regulations to implement the program. Transportation Trust Fund monies including the monies deposited into the Construction Subfund shall not be appropriated for a project approved in this program, provided that other state or federal revenue may be utilized and appropriated for projects approved in this program.
(2) The department is authorized to compete for, receive, accept, administer, and manage federal and other funds in furtherance of this program.
C. Repealed by Acts 2019, No. 222, §2.
D. The department shall, in accordance with the Administrative Procedure Act, promulgate rules and regulations to implement this Section, which shall include, but not necessarily be limited to, the following:
(1) Project submission.
(2) Project evaluation and selection.
(3) Program administration.
(4) Distribution of funds.
E.(1) Prior to the convening of each regular session of the legislature, beginning with the 2020 Regular Session, the department shall prepare and shall submit a priority list of projects requesting state funds for the ensuing fiscal year to the Joint Committee on Transportation, Highways and Public Works which shall hold a public hearing for the purpose of reviewing the priority list of projects for the coming fiscal year. Subsequent to the joint committee hearing and prior to the convening of the regular session, the department shall prepare the final program for the coming fiscal year for submission to the joint committee. When this final program, as approved by the joint committee, is presented to the legislature for funding for the coming fiscal year, the legislature shall not add any projects to this final construction program except as provided in Paragraph (2) of this Subsection.
(2) If the governing authority of a parish, or of any local unit of government, or a railroad obtains ninety percent or more funding for a railroad project from federal sources or from sources other than state funds, the legislature may give priority to funding the remaining amount necessary for the project, even if the project is not on the priority list of projects.
(3) If the department has no projects for the Class II or III Rail Infrastructure Improvement Program, the department shall notify the joint committee and no public hearing shall be necessary and a final construction program for the ensuing year shall not be furnished to the joint committee.
(4) Except as provided in Paragraph (3) of this Subsection, each year, beginning with the fiscal year commencing in 2020, the department shall submit to the joint committee a final Class II or III Rail Infrastructure Improvement Program to be commenced in the ensuing fiscal year, which shall be based upon the anticipated revenues to be appropriated by the legislature, and listed in an order of priority of the projects herein.
(5) The department also shall provide to the joint committee annually a supplemental list of projects proposed to be commenced within the ensuing four years which are in various stages of planning and preparation. The supplemental list shall be subject to change by the department until the department finally approves each project for construction.
Acts 1997, No. 1170, §1; Acts 2019, No. 222, §§1, 2.
A. In accordance with the Federal Railroad Safety Act (FRSA), 45 USC §421 et seq., specifically Section 434 thereof, the Department of Transportation and Development is authorized to establish speed restrictions for railroad traffic on a segment of railroad track within the corporate limits of a municipality when such speed restriction is necessary to eliminate or reduce an essentially local safety hazard.
B. To enable the department to exercise the authority conferred upon it by Subsection A, the governing body of the municipality seeking to restrict the speed of railroad traffic shall submit to the department a request, in writing, setting forth the unique characteristics of the essentially local safety hazard that is sought to be eliminated or reduced by the imposition of a local speed restriction.
C. Upon receipt of a request from a municipal governing authority, the department shall notify the railroad company affected of the request and furnish it with a copy of the request. The department shall conduct an evidentiary fact-finding hearing prior to proposing any rule under the authority of this Section. Within thirty days after the public hearing, the department shall publish its report and identify the unique characteristics of the local safety hazard sought to be eliminated or reduced by a speed restriction on railroad traffic, together with its findings that such speed restriction:
(1) Is being imposed at a location which contains a unique and distinctive essentially local situation which is not statewide in character.
(2) Will eliminate or reduce an essentially local safety hazard.
(3) Is not incompatible with any federal law, rule, regulation, order, or standard.
(4) Will not create an undue burden on interstate commerce.
(5) Will not create a safety hazard which is different from the essentially local safety hazard which the speed restriction is designed to reduce or eliminate.
D. If after the public hearing the department determines there is a need for such requested speed restriction, it shall proceed to adopt a rule imposing same. Any speed restriction imposed upon railroad traffic by rule of the department shall set forth the duration of the restriction, which duration shall not exceed the time required to eliminate or reduce the unique local safety hazard.
E. If after the public hearing the department determines there is no need for such requested speed restriction, it shall so advise the affected parties of its determination.
F. Any party being aggrieved by the findings, the determination, or the adoption of any rule by the department shall have the right to contest such findings, determination, or rule in any court of competent jurisdiction.
G. The department shall comply with the provisions of the Administrative Procedure Act in implementing the provisions of this Section.
Acts 1991, No. 573, §1.
{{NOTE: SEE ACT 573 OF 1991, §§2, 3, AND 4, FOR LEGISLATIVE INTENT AND APPLICABILITY TO EXISTING ORDINANCES AND PENDING LITIGATION.}}
Each parish governing authority is authorized to designate parish public roadways, as defined in R.S. 48:753(F), intersecting a railroad right of way as public crossings. Upon a formal designation as a public crossing, the parish public roadways and public crossings may be eligible for the same safety and crossings improvements as are other public crossings.
Acts 1993, No. 479, §1.
A. The secretary shall complete a study of all public railroad grade crossings to establish priorities for improvement, relocation, or closure in compliance with federal guidelines and shall develop a prioritized plan for implementing railroad grade crossing improvements, relocations or closures pursuant to 23 USC 130, known as the Federal Railroad Crossing Safety Program. The priority list shall be annually revised to reflect any changes made under the provisions of this Section. The department's plan shall be conducted in accordance with federal guidelines and Title 23 of the Code of Federal Regulations Part 646 relative to railroad-highway projects.
B.(1) The department, when it determines that it is necessary for the safety of the public, may improve, change the location of or abolish any existing public grade crossing on any state-maintained highway; however, prior to taking such action, the department shall take the following actions:
(a) Notify any and all affected persons owning land that is within a two- mile radius of the public grade crossing proposed to be improved, changed, or closed.
(b) Post a notice at the grade crossing proposed to be improved, changed, or closed.
(2) No provisions of this Section shall impose any liabilities of any nature upon the state of Louisiana or any agency thereof, nor shall any action or omission of the department be discoverable or admissible in any state court in Louisiana, and no record or document of the department compiled or prepared in connection with actions taken by the department pursuant to this Section, R.S. 48:390.1 or 23 U.S.C. 130 shall be discoverable or admissible in any state court in Louisiana.
C. - E. Repealed by Acts 2005, No. 347, §2.
F. No railroad company operating in this state shall be authorized to close any public railroad grade crossing along Louisiana Highway 23 in Jefferson and Plaquemines parishes before December 31, 2006, and no such closure of a public railroad grade crossing along this route shall be closed unless the closure of such crossing has been deemed necessary by the Department of Transportation and Development pursuant to an evaluation conducted in accordance with the provisions of this Section or R.S. 48:390.1.
G.(1) Notwithstanding the provisions of this Section, R.S. 48:390.1, or any other provision of law or rule to the contrary, the closing of a railroad grade crossing by a railroad company shall not be considered interruption for purposes of acquisitive prescription, and any crossing closed by a railroad since January 1, 2006, shall be re-opened upon the attainment of thirty years peaceful and otherwise uninterrupted use or possession of servitude of use or passage across the railroad grade crossing with or without just title.
(2) For the purposes of this Subsection, a crossing shall include a private rural residence or agricultural crossing or other means of access over the railroad right-of-way.
H.(1) A railroad corporation owning or operating a railway in this state, which is constructed across the land of any person leaving a portion of the land of such person on either side of its right-of-way, shall, when ordered to by the commissioner of the Department of Agriculture and Forestry, allow said crossing to remain open at a private rural residence or agricultural crossing or other means of access over its right-of-way.
(2) The Department of Agriculture and Forestry shall promulgate rules and regulations for the implementation of this Subsection no later than January 1, 2009.
I. The department shall, no later than December 31, 2012, promulgate rules and regulations pursuant to the Administrative Procedure Act and subject to oversight of the House and Senate committees on transportation, highways, and public works, to implement the provisions of Subsections A, B, F, and G of this Section, including but not limited to notice, whom to notify, methods of notice, and posting requirements.
Acts 1998, 1st Ex. Sess., No. 78, §1; Acts 2005, No. 347, §§1, 2; Acts 2008, No. 718, §1, eff. July 6, 2008; Acts 2008, No. 773, §1; Acts 2012, No. 406, §1.
A.(1) The department is authorized to evaluate the need to close any public railroad grade crossing on a non-state maintained highway within the territorial jurisdiction of any local governing authority in compliance with federal guidelines pursuant to 23 USC 130, known as the Federal Railroad Crossing Safety Program. The department's evaluation shall be conducted in accordance with federal guidelines and Title 23 of the Code of Federal Regulations Part 646 relative to railroad-highway projects.
(2) If the evaluation suggests that closure of a public grade crossing on a non-state maintained highway is necessary for safety and in the best interest of the public, the department shall encourage public participation in accordance with the following procedure:
(a) Provide written notice to the local governing authority with jurisdiction over the non-state maintained highway, the railroad company whose railroad tracks are crossed at grade by the highway, any and all affected persons owning land that is within a two-mile radius of the public grade crossing proposed to be closed, and any other party deemed by the department to be interested in the necessity to close a public grade crossing.
(b) The notice shall establish a set time period of not less than thirty days for the local governing authority, railroad, any and all affected persons owning land that is within a two-mile radius of the public grade crossing proposed to be closed, or other interested party to respond to the department.
(c) The department shall attempt to address concerns of the local governing authority, the railroad, any and all affected persons owning land that is within a two-mile radius of the public grade crossing proposed to be closed, or other interested party timely communicated to the department in writing or received at any public hearing held by the local governing authority relative to closure.
(3) Upon compliance with Paragraph (2) of this Subsection, if the department opines that closure of a public grade crossing satisfies the guidelines established by the Federal Railroad Crossing Safety Program, is necessary for safety and in the best interest of the public, the department is authorized to issue a notice of intent and written determination to close an existing public grade crossing on a non-state maintained highway, which determination will include a summary of findings, the manner in which such closure is to be made, and any alterations to be made to the crossing.
(4) The department shall mail a copy of the notice of intent and determination pursuant to Paragraph (3) of this Subsection to the local governing authority with jurisdiction over the non-state maintained highway and the railroad. The local governing authority may submit a written request to the chief engineer for reconsideration of the department's determination. A reconsideration request shall be postmarked within fifteen calendar days, excluding weekends and holidays, from the date of mailing of the notice. A rail safety reconsideration board composed of the secretary, the chief engineer, and the executive director of the Louisiana Highway Safety Commission shall consider the request and issue a final determination not later than fifteen calendar days, excluding weekends and holidays, of the date of receipt of the local governing authority's reconsideration request. The determination of the rail safety reconsideration board shall be final.
(5) Notwithstanding any provision of this Part or any other law to the contrary, when the department has finally determined that closure of a public grade crossing on a non-state maintained highway is necessary for the safety and in the best interest of the public, the public grade crossing on the non-state maintained highway shall be closed by cooperative action between the department and the railroad.
(6) Payment of costs to close a public grade crossing pursuant to a final closure determination pursuant to this Subsection shall not be an obligation of the local governing authority.
B. Notwithstanding any other law to the contrary, no provision of R.S. 48:390, this Section, or any action or omission of the department, railroad, or any local governing authority pursuant to 23 USC 130 shall impose liability of any nature upon the state of Louisiana or any agency or department thereof or constitute transfer or assumption of care, custody and control of the non-state maintained highway and public grade crossing by the state of Louisiana, or any department or agency thereof, particularly the Department of Transportation and Development, nor shall any action or omission of the department or any local governing authority be discoverable or admissible in any state court in Louisiana, and no record or document of the department or any local governing authority compiled or prepared pursuant to R.S. 48:390, this Section or 23 USC 130 shall be discoverable or admissible in any state court in Louisiana.
C. Nothing in this Section shall be construed as amending, repealing or modifying any duty or responsibility that a local governing authority or a railroad had, if any, immediately before August 15, 2005, with regard to any applicable state or federal law.
D. The department shall, no later than December 31, 2012, promulgate rules and regulations pursuant to the Administrative Procedure Act and subject to oversight of the House and Senate committees on transportation, highways, and public works, to implement the provisions of Subsection A of this Section, including but not limited to notice, whom to notify, methods of notice, and posting requirements.
Acts 2005, No. 347, §1; Acts 2012, No. 406, §1.
A.(1) It shall be unlawful for any train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive minutes, except when such train, railroad car or equipment, or engine is moving or when such movement is prevented by any of the following:
(a) A power brake failure or other mechanical failure.
(b) Enforcement of the Hours of Service Act.
(c) Derailment or other accident.
(d) A directive of the Federal Railway Administration.
(e) Circumstances over which the railroad company or carrier has no reasonable control, such as a natural disaster or acts of third parties.
(2) No employee performing his duties under the operating rules or orders of the railroad company or carrier or its supervisory personnel shall be prosecuted for any violation of this Section.
(3) Any rail carrier violating the provisions of Paragraph (1) of this Subsection shall be fined as follows:
(a) If the duration of the obstruction is in excess of twenty minutes, but not longer than twenty-five minutes, the fine shall be not less than two hundred dollars nor more than five hundred dollars.
(b) If the duration of the obstruction is in excess of twenty-five minutes, but not longer than thirty minutes, the fine shall be five hundred dollars.
(c) If the duration of the obstruction is in excess of thirty minutes, but not longer than thirty-five minutes, the fine shall be seven hundred dollars.
(d) If the duration of the obstruction is in excess of thirty-five minutes, but not longer than forty minutes, the fine shall be nine hundred dollars.
(e) If the duration of the obstruction is in excess of forty minutes, but not longer than forty-five minutes, the fine shall be one thousand dollars.
(f) If the duration of the obstruction is in excess of forty-five minutes, the fine shall be one thousand dollars plus an additional five hundred dollars for each five minutes of obstruction in excess of forty-five minutes. However, the maximum fine shall not exceed five thousand dollars for an obstruction which occurs within a twenty-four hour period.
B.(1) Every railroad shall be operated in such a manner as to minimize obstruction of emergency vehicles at public highway grade crossings.
(2) Upon receiving notification from a law enforcement officer, member of a fire department, operator of an emergency vehicle, or a member of an emergency services provider that emergency circumstances require the clearing of a public highway railroad grade crossing, the members of the train crew of the train, railroad car or equipment, or engine blocking such crossing shall immediately notify the appropriate railroad dispatcher of the pending emergency situation and request the clearing of such crossing, consistent with the safe operation of the train.
(3) Every railroad dispatcher or other person responsible for the movement of a train, railroad car or equipment, or engine in a specific area who receives notification that a train, railroad car or equipment, or engine is obstructing the movement of an emergency vehicle at any crossing within such area shall immediately notify the train crew through use of existing communication facilities. Upon notification, the train crew shall take immediate action in accordance with this Subsection.
C.(1) Any person riding upon a train, railroad car or equipment, or engine which is running through or within this state who is accountable for the movement of the train, car or equipment, or engine shall keep on his person or upon the train, railroad car or equipment, or engine written identification of the person, corporation, firm, or agent by whom he is employed.
(2) It shall be the responsibility of any railroad company or carrier operating any railroad, engine, or train within this state to inform the chief law enforcement officer of each parish or municipality in which it operates of the telephone numbers of the railroad dispatch center having jurisdiction over such railroad, engine, or train in the parish or municipality. The information shall be updated within forty-eight hours of any change, but no less than once every six months.
D.(1) Any railroad or public agency may, by formal application to the Department of Transportation and Development, request a variance from the requirements of this Section or have different regulations provided in connection with operation over a specific crossing where local conditions so require. The application shall list any public agencies within the geographic area or any railroads which may be affected by the variance and shall detail any previous steps which may have been taken in an attempt to reach an agreement on or alternative to the proposed variance.
(2) The department shall promulgate rules and regulations for the implementation and administration of the application process provided in this Subsection.
Acts 1998, 1st Ex. Sess., No. 120, §1.
A.(1) It shall be unlawful for any moving or non-moving train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive minutes.
(2) No employee performing his duties under the operating rules or orders of the railroad company or carrier or its supervisory personnel shall be prosecuted for any violation of this Section.
(3) Any rail carrier violating the provisions of Paragraph (1) of this Subsection shall be fined as provided for in R.S. 48:391(A)(3).
B.(1) Any railroad or public agency may, by formal application to the department, request a variance from the requirements of this Section or have different regulations provided in connection with operation over a specific crossing where local conditions so require. The application shall list any public agencies within the geographic area or any railroads which may be affected by the variance and shall detail any previous steps which may have been taken in an attempt to reach an agreement on or alternative to the proposed variance.
(2) The department shall promulgate rules and regulations for the implementation and administration of the application process provided in this Subsection.
Acts 1998, 1st Ex. Sess., No. 120, §2.
Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
A.(1) Any railroad company operating in this state which desires to close or remove a private crossing shall, no less than one hundred eighty days prior to the proposed closing or removal, provide a written request by registered or certified mail to the Louisiana Public Service Commission and to the owner or owners of record of the private crossing traversed by the rail line. The written request shall state the manner in which such private railroad crossing unreasonably burdens or substantially interferes with rail transportation.
(2) The Louisiana Public Service Commission shall publish the written request from the railroad company in the commission's official bulletin for no less than twenty-five days.
B. No private crossing shall be closed or removed by any railroad company until after a public hearing by the Louisiana Public Service Commission at which parties in interest have had an opportunity to be heard. Notice of the time and place of the hearing shall be published in the official journal of the parish and the commission's official bulletin and at least fifteen days shall elapse between the publication and the date of the hearing. In addition to notice by publication, and at least ten days prior to the hearing, a good faith attempt to notify the owner or owners of record of the property where the private crossing is located shall be made by the commission by sending an official notice by registered or certified mail of the time and place of the hearing to the address or addresses indicated in the mortgage and conveyance records of the parish. The public hearing shall be held not less than sixty days after receipt of request of the railroad company as provided in Subsection A of this Section.
C. If, after such public hearing, the commission determines that the private railroad crossing unreasonably burdens or substantially interferes with rail transportation, the commission shall publish in the official journal of the parish where such crossing is located and in the commission's official bulletin a notice stating the manner in which such closure or removal shall be made and the date of such.
D. The provisions of this Section shall not apply when a private landowner or landowners and a railroad company enter into a consensual or negotiated written agreement or agreements to close a private railroad crossing.
Acts 2008, No. 530, §1; Acts 2010, No. 858, §1, eff. June 30, 2010.
The secretary, undersecretary, assistant secretaries or any of the employees of the Department of Transportation and Development and corporations or firms in which the secretary, undersecretary, assistant secretaries or any employee of the department are in any way financially interested, are prohibited from bidding on, entering into, or being in any way interested in a contract for the building or improvement of any facility of the Department of Transportation and Development.
Whoever violates this Section shall be fined not more than one thousand dollars or imprisoned for not more than twelve months, or both, and shall be removed from his position by the governor or by the secretary.
Amended by Acts 1977, No. 291, §1.
Except as otherwise provided in this Section, no member of the legislature or officer of the executive department of the state shall be in any way interested in any contract for the building or improving of any public work coming under the supervision of the Department of Transportation and Development or in any contract for the furnishing of any material or supplies of any kind to be used in connection therewith, nor shall any such member or officer receive any gratuity, commission, or payment of any sort as compensation for the procurement of any such contract.
Nothing contained in this Section prohibits members of the legislature or officers of the executive department of the state who are licensed contractors under the laws of this state from bidding on any contract for the building or improving of any public work coming under the supervision of the Department of Transportation and Development nor from being awarded such contracts on a competitive basis as provided by law.
Whoever violates the provisions of this Section shall be fined not more than one thousand dollars or imprisoned for not more than twelve months, or both, and shall be removed from his position by the governor if he is an officer of the executive department.
Amended by Acts 1977, No. 291, §1.
No person shall collude to raise prices either in construction work or in supplying materials for any state highway work.
Whoever violates this Section, including any officer acting for a corporation, shall be fined not more than one thousand dollars or imprisoned for not more than twelve months, or both.
No road contractor shall hire, for use on road building projects in this state, trucks which have not been properly licensed in this state.
Whoever violates this Section shall be fined one hundred dollars for each truck so hired.
A. No person shall intentionally violate the Louisiana Procurement Code or any rule or regulation promulgated by the secretary of the Department of Transportation and Development with respect to purchasing.
B. Any person who intentionally violates such law, rule, or regulation shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
Added by Acts 1983, No. 252, §2.
A. Where the Department of Transportation and Development cannot amicably acquire property needed for highway purposes, the department may acquire the same by expropriation.
B. In any suit for the expropriation of property, including both corporeal property and servitudes, the department may acquire the property prior to judgment in the trial court in the manner provided in this Part.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
A. The department may, by any means authorized in Chapter 1 of this Title, acquire any property needed for the construction and operation of the proposed new bridge, and the appurtenances thereto, across the Mississippi River at New Orleans. Where such property cannot be acquired amicably, the department may expropriate it prior to judgment in accordance with the provisions of this Part.
B. All costs incurred by the department in the acquisition of such property shall be paid to the department in accordance with the provisions of Act 402 of 1976, and the amendments thereto.
Added by Acts 1979, No. 351, §1, eff. July 10, 1979.
Notwithstanding any other provisions of law to the contrary, a local governing authority, with the approval of the Department of Transportation and Development, may acquire any property within its jurisdiction that is needed for the construction of current or future highway construction projects established and approved under the Transportation Infrastructure Model for Economic Development as provided for in Part VI of Chapter 7 of Title 47 of the Louisiana Revised Statutes of 1950. Where such property cannot be acquired amicably, the governing authority may, for that project only, expropriate such property prior to judgment in accordance with the provisions of Part XVIII of Chapter 1 of this Title.
Acts 1991, No. 311, §1, eff. July 3, 1991.
The rights of expropriation granted by this Part shall be exercised in the following manner:
(1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides, but if the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvement thereon, if any, and the name of the owner or owners as shown in the public records.
(3) The petition shall have annexed thereto the following:
(a) A certified copy of a certificate of authorization to expropriate executed by the secretary of the department, declaring that the taking is necessary or useful for the purposes of this Part.
(b) A certificate signed by the chief engineer or, in his absence, his principal assistant, declaring that he has fixed the right-of-way in a manner sufficient in his judgment to provide presently and in the future for the public interest, safety, and convenience.
(c) A certificate signed by the chief engineer, by the road design engineer, and, if appropriate, by the bridge design engineer, declaring that the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the traveling public. In the absence of any of them, his chief assistant may sign for him.
(d) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be, the methodology used in the estimate, and all of the information required by R.S. 48:443 relative to estimators. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made. The real estate administrator or his designated representative shall signify his approval on the face thereof. It shall not be grounds to dismiss the taking if it is shown that the estimate is or may be less than the full extent of the owner's loss.
(e) Repealed by Acts 2003, No. 1065, §2, eff. July 1, 2003.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1977, No. 291, §1; Acts 1979, No. 413, §9, eff. July 11, 1979; Acts 1984, No. 304, §1; Acts 1988, No. 882, §1; Acts 1989, No. 124, §1, eff. June 22, 1989; Acts 2001, No. 473, §1, eff. June 21, 2001; Acts 2003, No. 1065, §§1, 2, eff. July 1, 2003.
Notwithstanding the provisions of R.S. 48:442, the rights of expropriation granted by this Part shall be exercised for design-build projects authorized according to the provisions of R.S. 48:250.2 in the following manner:
(1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides. If the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvement thereon, if any, and the name of the owner or owners as shown in the public records.
(3) The petition shall have annexed thereto the following:
(a) A certified copy of a certificate of authorization to expropriate executed by the secretary of the department, declaring that the taking is necessary or useful for the purposes of this Part.
(b) A certificate signed by the chief engineer or, in his absence, his chief assistant, declaring that he has fixed the right-of-way in a manner sufficient in his judgment to provide presently and in the future for the public interest, safety, and convenience of the traveling public and has made a determination of the amount and location of the property required for the purposes set forth in the petition and that in his opinion the property is neither excessive or inadequate for such purposes.
(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be, the methodology used in the estimate, and all of the information required by R.S. 48:443 relative to estimators. It shall be signed by those who made the estimate, showing the capacity in which they acted and the date on which it was made. The real estate administrator or his designated representative shall signify his approval on the face thereof. It shall not be grounds to dismiss the taking if it is shown that the estimate is or may be less than the full extent of the owner's loss or that the estimate was made without consideration of final plans.
Acts 2005, 1st Ex. Sess., No. 43, §1, eff. Dec. 6, 2005.
A. The real estate administrator shall select one or more persons to make the estimate of just compensation except when the estimate is expected to exceed the amount of thirty thousand dollars in which case he shall select two or more persons. However, when the department cannot amicably acquire clear title to property solely for reasons unrelated to the amount of just compensation to be paid such as unopened successions, absentee defendants, or partial interests, one person shall be selected to make the estimate regardless of the amount. The estimate shall be performed by either a real estate appraiser or real estate specialist in the regular employ of the department or a licensed Louisiana appraiser certified pursuant to the Louisiana Real Estate Appraisers Law. The person performing the estimate shall be familiar with land values in the vicinity of the property to be taken and shall conduct the appraisal in accordance with real estate appraisal guidelines.
B. Each estimator in determining the extent of the owner's loss shall consider the replacement value of the property taken.
C. Prior to filing its petition, the department shall provide to the owner the following information with respect to each estimate of the owner's loss.
(1) The name, address, and qualifications of the person or persons preparing the estimate.
(2) The amount of the estimate.
(3) A description of the methodology used in the estimate.
(4) Upon request by the owner, a copy of the estimate prepared by each estimator.
Added by Acts 1954, No. 107, §1 eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1; Acts 1989, No. 124, §1, eff. June 22, 1989; Acts 1989, No. 736, §1; Acts 2001, No. 56, §1; Acts 2003, No. 341, §2; Acts 2006, No. 727, §1, eff. June 29, 2006.
Before exercising the rights of expropriation provided for in this Part, the state or any of its departments, except the Department of Transportation and Development, offices, boards, commissions, agencies, or instrumentalities, except political subdivisions but specifically including levee districts and their boards, shall, upon request of the owner whose property is to be taken, provide the owner with the results of tests by the Louisiana Geological Survey that show whether or not sand or gravel is present in the property. The test shall be done at no cost to the property owner.
Acts 1991, No. 1030, §2.
The petition shall conclude with a prayer that the property be declared taken for highway purposes. Upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court and declaring that the property described in the petition has been taken for highway purposes at the time of the deposit.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause, and the description of the property and property rights, as contained in the petition. Upon such deposit, title to the property and the property rights specified in the petition shall vest in the department and the right to just compensation therefor shall vest in the persons entitled thereto.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.
Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for highway purposes.
This notice, together with a certified copy of the order, the petition, and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public purpose or on the ground that the petition and attached exhibits do not satisfy the provisions contained in R.S. 48:442 through 444 may file a motion to dismiss the suit within twenty days after the date on which the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit. This motion shall be tried contradictorily with the plaintiff to the judge alone and shall be decided prior to fixing the case for trial.
B. Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation.
Added by Acts 1954, No. 107, §1 eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.
If there are no buildings located wholly or partially upon the property described in the petition, the department is entitled to enter upon and take possession of the property upon the deposit of the estimated compensation.
If any building is located wholly or partially upon the property described in the petition, the court may postpone the right of entry for any period not to exceed thirty days from the date on which the last of any parties defendant was served with the notice. However, the department in its discretion, may request the court to order possession surrendered after a longer delay. The court may fix a reasonable rental to be paid to the department by a defendant in possession of the property for each day he remains in possession after the withdrawal of any part of the amount deposited.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
Upon the application of any party in interest, and upon due notice to all parties, the court may order that the money deposited, or any part thereof, be paid forthwith to the person entitled thereto for or on account of the just and adequate compensation to be awarded in the proceedings.
The court may make such orders as shall be just and equitable to direct the payments of taxes, encumbrances and other charges out of the money deposited.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
A. Where an entire lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided:
(1) He files an answer within ninety days from the date he is served with the notice;
(2) His answer sets forth the amount he claims;
(3) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
B. Where a portion of a lot, block, or tract of land is expropriated, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided:
(1) He files an answer within one year from the date he is served, in the same manner provided for service of the petition, with a copy of the department's notice of acceptance, which has been filed with the clerk of court of the parish in which the action is pending, declaring that it has finally accepted the construction of the highway project for which the property was expropriated; provided however, that he may file his answer at any time prior thereto;
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated and the amount he claims as damages to the remainder of his property;
(3) His damage claim is reasonably itemized;
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.
After answer is filed, if no motion to dismiss the suit pursuant to R.S. 48:447 is pending before the court, either party may, upon ex parte motion, request that the matter be docketed for trial. The court shall fix the time for the trial of the suit not more than sixty days after the filing of the motion, and the trial shall be conducted with preference and with the greatest possible dispatch. The clerk of court shall thereupon issue to all parties a notice of the time fixed for the trial. This notice shall be served at least thirty days before the time fixed for the trial and in the manner provided by law for the service of citations.
Acts 1987, No. 619, §1.
In an expropriation proceeding pursuant to this Part any party has the right to demand a trial by jury to determine just compensation.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
A. A defendant may demand jury trial in his answer or by motion filed within the delays provided for the filing of his answer.
B. The department may demand jury trial by motion filed no later than fifteen days after service upon the department of an answer filed by a defendant.
C. For purposes of this Section, answers filed by attorneys appointed to represent absent or unknown defendants shall not cause these delays to begin to run, unless that answer indicates that the appointed attorney has been retained or employed by the owner to assert and prosecute a claim in his behalf.
D. Once any party has timely demanded a jury trial, that demand is effective against and binding upon all parties to the suit, and cannot thereafter be waived without the consent of all parties. With the consent of all parties, a demand for jury trial may be waived at any time prior to the swearing of the jury.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.
The court shall require any party, including the department, who demands a jury trial, to post a bond or other security as may be required in ordinary similar jury cases.
Acts 1990, No. 133, §3.
The trial of all issues for which jury trial has been requested shall be by jury unless the parties stipulate that the jury trial shall be as to certain issues only, but in all cases there shall be but one trial.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
The qualifications and exemptions of jurors and the method of choosing and summoning the general venire in jury cases are provided by special laws.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
In cases to be tried by jury, six jurors summoned in accordance with law shall be chosen by lot to try the case. The method of calling and drawing by lot shall be at the discretion of the court.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
Before being examined every prospective juror shall be sworn to answer truthfully such questions as may be propounded to him.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
The court shall permit the parties or their attorneys to conduct the examination of a prospective juror and may itself conduct an examination, which shall be limited to ascertaining the qualifications of the juror.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
Each side is allowed three peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed two. Each side shall be allowed an equal number of peremptory challenges. If the parties on a side are unable to agree upon the allocation of peremptory challenges among themselves, the allocation shall be determined by the court before the examination on the voir dire.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
A juror may be challenged for cause based upon any of the following:
(1) When the juror lacks a qualification required by law;
(2) When the juror has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial;
(3) When the relations, whether by blood, marriage, employment, friendship, or enmity, between the juror and any party or his attorney are such that it must be reasonably believed that they would influence the juror in coming to a verdict;
(4) When the juror served on a previous jury which tried the same case or one arising out of the same facts;
(5) When the juror refuses to answer a question on the voir dire examination on the ground that his answer might tend to incriminate him.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
After the entire jury has been accepted and sworn, no party has the right to challenge peremptorily.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
Although the entire jury may have been accepted and sworn, up to the beginning of the taking of evidence, a juror may be challenged for cause by either side or be excused either for cause or by consent of both sides, and the panel completed in the ordinary course.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
When the jury has been accepted by all parties, the jurors shall be sworn to try the case in a just and impartial manner, to the best of their judgment, and to render a verdict according to the law and the evidence. When the jury has retired, the jurors shall select a foreman to preside over them and sign the verdict which they may render.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
The court may direct that one or two jurors in addition to the regular panel be called and empanelled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors. An alternate juror who does not replace a principal juror shall be discharged when the jury retires to consider its verdict. If one or two alternate jurors are called, each side shall have an equal number of peremptory challenges. The court shall determine how many challenges shall be allowed and shall allocate them among the parties on each side. The additional peremptory challenges may be used only against an alternate juror, and the other peremptory challenges allowed by law shall not be used against the alternate jurors.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
After the trial of the case and the presentation of all the evidence and arguments, the court shall charge the jury in accordance with law. This charge shall be in writing or recorded in the same manner as testimony taken in the case.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
In his charge to the jury, the judge shall instruct the jurors on the law applicable to the cause submitted to them, but he shall not recapitulate or comment upon the evidence in such manner as to exercise any influence upon their decision as to the facts.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
A. At the close of the evidence or at an earlier time during the trial as the court reasonably directs, a party may file written requests that the court instruct the jury on the law as set forth in the requests. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury.
B. A party may not assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict, stating specifically the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
In reaching a verdict, the jurors should rely upon their memories, and when they retire to the jury room to deliberate, they shall not be allowed access to any written evidence or to any notes of the testimony of any witness, with the following exceptions:
(1) The judge may permit the jury to take into the jury room a concise summary of the property affected containing only the following: the size of the owner's affected property immediately before the expropriation; the size of the area expropriated; the size of the owner's remaining affected property immediately after the expropriation; a list of any improvements expropriated, and a list of any improvements not taken but which may have been affected by the expropriation, provided said summary has been admitted into evidence.
(2) The judge may permit the jury to take into the jury room a statement of the relevant value conclusions reached by each expert witness, if applicable, provided said statement has been admitted into evidence. Such statements shall not contain any corroborative or persuasive material and should consist solely of the name of the witness, the effective date of the value estimate, and a recitation of the pertinent value conclusions, and unit value conclusions, if applicable, testified to by the witness.
(3) The jury may take with them into the jury room any object or document received in evidence which requires a physical examination to enable them to arrive at a just conclusion.
(4) The parties may stipulate that appraisal reports or summaries of appraisal reports testified to by expert witnesses may be taken into the jury room.
(5) The jury shall be permitted to take into the jury room an itemized statement of the loss the owner alleges he has suffered if testimony has been presented as to each item of loss, and if such statement has been admitted into evidence.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
In order to reach any verdict, five of the jurors trying the case must concur therein.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
With the consent of all parties, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event, the court may submit to the jury written questions susceptible of categorical or other brief answer, or may submit written forms of the several findings which might properly be made under the pleadings and evidence, or may use any other appropriate method of submitting the issues and requiring the written findings thereon. The court shall give to the jury such explanation and instruction concerning the matter submitted as may be necessary to enable the jury to make its findings upon each issue. If the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to trial by jury of the issue omitted, unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand, the court may make a finding, or, if it fails to do so, it shall be presumed to have made a finding in accord with the judgment on the special verdict.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
A.(1) The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict.
(2) When the general verdict and the answers are harmonious, the court shall direct the entry of the appropriate judgment upon the verdict and answers.
(3) When the answers are consistent with each other, but one or more is inconsistent with the general verdict, the court may direct the entry of judgment in accordance with the answers, notwithstanding the general verdict, or may return the jury for further consideration of its answers and verdict, or may order a new trial.
(4) When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, the court shall not direct the entry of judgment, but may return the jury for further consideration of its answers or may order a new trial.
B. At any time prior to argument, a party may file written requests that the court submit to the jury written interrogatories as set forth in this Section. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury.
A party may not assign as error the submission or failure to submit a written interrogatory unless he objects thereto before the jury retires to consider its verdict, stating specifically the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
If the trial court is of the opinion that the verdict is so excessive or inadequate that a new trial should be granted for that reason only, it may indicate to the party or his attorney the time within which he may enter a remittitur or additur. This remittitur or additur is to be entered only with the consent of the plaintiff or the defendant, as the case may be, as an alternative to a new trial, and is to be entered only if the amount of the excess or inadequacy of the verdict or judgment can be separately and fairly ascertained. If a remittitur or additur is entered, then the court shall reform the jury verdict or judgment in accordance therewith.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
A new trial shall be granted if it is proved that the jury was bribed or has behaved so improperly that impartial justice has not been done.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
If a defendant fails to file his answer timely, the department shall thereafter give affirmative notice, by certified mail, to such defendant of the pendency of the proceedings. If an answer is not filed within ten days after the date on which such notice is mailed, the court shall render final judgment fixing just compensation in the amount deposited into the registry of court and awarding that sum to the defendant.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1968, No. 117, §1; Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1976, No. 391, §1, eff. Oct. 1, 1976.
A. An owner's claim for an increase in the compensation is perfected when he timely files his answer as provided in R.S. 48:450 and is thereafter abandoned when he fails to take any step in the prosecution of that claim for a period of three years. This provision shall be operative without formal order, but on ex parte motion of the department the trial court shall render final judgment fixing just compensation in the amount deposited in the registry of the court and awarding that sum to the defendant and dismissing with prejudice any claim for any increase in compensation.
B. An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period provided in the rules of the appellate court, which shall be not less than one year.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1999, No. 597, §1, eff. July 1, 2000.
A. The measure of compensation for the property expropriated is determined as of the time the estimated compensation was deposited into the registry of the court, without considering any change in value caused by the proposed improvement for which the property is taken.
B. The measure of damages, if any, to the defendant's remaining property is determined on a basis of immediately before and immediately after the taking, taking into consideration the effects of the completion of the project in the manner proposed or planned.
C. The owner shall be compensated to the full extent of his loss. The court shall include in its consideration the difference between the rate of interest of any existing mortgage on an owner-occupied residence and the prevailing rate of interest required to secure a mortgage on another owner-occupied residence of equal value.
D. The defendant shall present his evidence of value first.
E. Reasonable attorney fees may be awarded by the court if the amount of the compensation deposited in the registry of the court is less than the amount of compensation awarded in the judgment. Such attorney fees in no event shall exceed twenty-five percent of the difference between the award and the amount deposited in the registry of the court.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1976, No. 391, §1, eff. Oct. 1, 1976; Acts 1983, No. 33, §2; Acts 1988, No. 882, §1.
Except as provided in this Part, these suits are tried in accordance with the provisions of the Code of Civil Procedure and general expropriation laws.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
If the amount finally awarded for compensation exceeds the amount deposited, the judgment shall include legal interest on the excess from the date the defendant files an answer as provided in R.S. 48:450 until paid, but such interest shall not accrue on any award made for expert fees or attorney fees prior to judgment.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1; Acts 1992, No. 483, §1; Acts 2006, No. 322, §1, eff. July 1, 2006.
A. If the amount finally awarded exceeds the amount so deposited, the court shall enter judgment against the department and in favor of the persons entitled thereto for the amount of the deficiency. The judgment shall not be an in globo award, but shall list separately the amounts awarded, but not deposited, for:
(1) An increase in the fair market value of the part taken;
(2) An increase in severance damages;
(3) Attorney fees;
(4) Expert witness fees; and
(5) Any other type of loss or damage.
B. Those portions of the final judgment which award an increase in the value of the part taken, an increase in severance damages, compensation for any other type of loss or damage, together with interest payable on those sums not deposited, attorney fees, and expert witness fees shall be paid within ninety days after becoming final. Thereafter, upon application by the owner or owners, the trial court may issue a writ of mandamus to enforce payment.
Added by Acts 1954, No. 107, §1, eff. June 24, 1981; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.
The plaintiff shall not be required to amend its petition in order to obtain judgment in an amount less than that originally deposited into the registry of the court, but the plaintiff may not introduce evidence as to any special benefits unless specially pleaded. If severance damages are pleaded by the defendant, the plaintiff shall have the opportunity to plead special benefits twenty days prior to trial.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975. Amended by Acts 1976, No. 391, §1, eff. Oct. 1, 1976.
The court also has the power to make such orders as are just and equitable with respect to distribution of the amount finally awarded.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
The right to take possession and title in advance of final judgment, as provided herein, is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted, and shall not be construed as abrogating, eliminating, or modifying any such right or authority.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
A devolutive appeal shall lie from expropriation suits tried pursuant to this Part without any additional deposit by the plaintiff, and no appeal from any expropriation suit brought under the provisions of this Part shall operate to prevent or delay the vesting of title in the plaintiff.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
The plaintiff shall not be divested by court order of any title acquired under these provisions except where such court finds that the property was not taken for a public purpose. In the event of such findings, the court shall enter such judgment as is necessary to compensate the defendant for the period during which the property was in the possession of the plaintiff and to recover for the plaintiff any award paid.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
The Legislature finds and declares that outdoor advertising and maintenance of junkyards are legitimate commercial uses of private property and, for the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the erection and maintenance of outdoor advertising and the establishment, operation and maintenance of junkyards in areas adjacent to the Interstate and Primary Highway Systems within this State.
Added by Acts 1966, No. 474, §1.
(1) "Automobile graveyard" means any establishment or place of business which is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
(2) "Conforming out-of-standard signs" means existing signs that fail to meet the current statutory and administrative rule requirements for outdoor advertising relative to spacing but comply with all of the terms of the Federal-State Agreement and meet all other statutory and administrative rule requirements that govern outdoor advertising under provisions of state law.
(3) "Federal-State Agreement" means the agreement entered into on January 31, 1972, by and between the United States of America represented by the Secretary of Transportation acting by and through the Federal Highway Administrator and the Louisiana Department of Transportation and Development entitled, "Carrying Out National Policy Relative to Control of Outdoor Advertising In Areas Adjacent to the National System of Interstate and Defense Highways and the Federal-Aid Primary System".
(4) "Information center" means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the State and providing such other information as the department may consider desirable.
(5) "Interstate System" means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the department and approved by the Secretary of Commerce pursuant to the provisions of Title 23, United States Code1.
(6) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
(7) "Junkyard" means any establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(8) "Outdoor advertising" means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of which advertising or information content is visible from any place on the main-traveled way of the interstate or primary systems.
(9) "Primary System" means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the department and approved by the Secretary of Commerce pursuant to the provisions of Title 23, United States Code1.
(10) "Reset" means the movement of a sign structure from one location to another location maintaining the same log mile or mile post location, as authorized by a sign permit amendment and the terms of an executed written partial waiver and reset agreement between the permit owner and the Louisiana Department of Transportation and Development.
(11) "Safety rest area" means an area or site established and maintained within or adjacent to the right of way by the department for the convenience of the traveling public.
(12) "Urban area" means an urbanized area or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the United States Secretary of Transportation. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.
Added by Acts 1966, No. 474, §1. Amended by Acts 1975, No. 617, §1; Acts 2010, No. 616, §1.
123 U.S.C.A. §101 et seq.
A. No outdoor advertising shall be erected or maintained within six hundred sixty feet of the nearest edge of the right of way and visible from the main traveled way of the interstate or primary highways in this state except the following, provided all exceptions listed below shall be in conformity with applicable federal rules and standards.
(1) Directional and other official signs and notices, which shall include but not be limited to signs and notices pertaining to natural wonders, or scenic and historic attractions, as authorized or required by law.
(2) Signs, displays and devices advertising activities conducted on the property upon which they are located.
(3) Signs, displays and devices advertising the sale or lease of property upon which they are located.
(4) Signs, displays and devices located in areas which are zoned industrial or commercial under authority of law.
(5) Signs, displays and devices in unzoned commercial or industrial areas which areas shall be determined from actual land uses and defined by regulations to be promulgated by the department.
(6) Signs which are erected and maintained by churches and schools, which do not in any way obstruct vision or endanger traffic.
(7) Signs which are erected and maintained by individuals which advertise the sale of seasonal agricultural products. Such signs shall be for the sale of agricultural products grown by the individual who erects and maintains the signs and the products shall be offered for sale at the location where they are grown. Such signs shall be exempt from the prohibition contained in this Subsection only for the period of time during which the agricultural product is "in season" and shall be removed each year after the season. The department shall promulgate regulations to set standards for such signs to ensure that they are temporary and pose no danger to passing traffic.
B. Notwithstanding any other provisions of law, when the right of way along a state rural arterial route and its urban extensions exceeds one hundred and fifty feet per side or three hundred feet total, any business adjacent to the right of way may enter into an agreement with the department to erect outdoor advertising, provided that such advertising is consistent with regulations set forth in R.S. 48:461.4.
Acts 1990, No. 1078, §1; Acts 1993, No. 467, §1.
A. The department is hereby authorized to promulgate regulations governing the issuance of permits, including the collection of reasonable fees therefor, for the erection and maintenance of outdoor advertising coming within the exceptions contained in Paragraphs (1), (4), and (5) of R.S. 48:461.2(A), consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state as declared in this Part, and consistent with the national standards promulgated by the secretary of commerce pursuant to Title 23, United States Code1.
B. Repealed by Acts 1989, No. 382, §2, Eff. June 30, 1989; Acts 1990, No. 6, §2, Eff. June 4, 1990.
C. Initial and renewal permit fees as provided in this Section shall not be assessed against any church for a sign on its property or anyone who does not charge a fee to churches for advertising on its facilities.
Acts 1987, No. 529, §1; Acts 1989, No. 382, §2, eff. June 30, 1989; Acts 1990, No. 6, §2, eff. June 4, 1990.
1 23 U.S.C.A. § 101 et seq.
A. Notwithstanding any other provisions of this Part, outdoor advertising shall be permitted in areas zoned industrial or commercial and in unzoned commercial and industrial areas as hereafter defined, including all land, buildings, or other structures controlled, owned, or operated by the state, or any political subdivision, or any public entity thereof, provided they are located in zoned or unzoned commercial or industrial areas and meet the size, lighting, and spacing requirements as set forth in the "Federal-State Agreement For Carrying Out National Policy Relative to Control of Outdoor Advertising in Areas Adjacent to the National System of Interstate and Defense Highways and the Federal-Aid Primary System", subject to the following regulations which are declared to be consistent with customary use in this state:
(1) Lighting
(a) No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any sign. Flashing red, green, or amber devices similar to traffic control devices shall not be permitted upon a sign. Illuminated signs, including marquees, electronic, and readerboard systems which are associated with a civic center, a convention center, a stadium, or an arena and which are used for advertisement shall be allowed, provided such signs comply with all other state and federal regulations.
(b) External lighting, such as flood lights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the interstate or federal-aid primary highway.
(c) No sign shall be permitted to project into the direct line of vision of any official traffic control signal, from any point in a moving traffic lane of an interstate or federal-aid primary highway within six hundred sixty feet of and approaching such signal.
(2) Size of signs.
(a) For signs which are located within six hundred sixty feet of the nearest edge of the right of way on Interstate and Primary systems the maximum area of a sign face shall be twelve hundred square feet.
(b) All dimensions include border and trim, but exclude supports.
(c) Double-faced or V-type signs shall be considered one sign structure. Maximum size of signs shall apply to each face. Two signs shall be permitted in any facing provided that the total area of such facing shall not exceed twelve hundred square feet.
(d) The highest point of any sign, except a roof sign and as otherwise provided in this Paragraph, shall not extend more than sixty feet measured from either the ground level at its supports or the nearest edge of the main traveled way of the controlled highway, whichever is higher in elevation. However, the highest point of a sign may extend to a height of no more than one hundred feet only if the sign is placed and erected within three hundred feet of a sound barrier wall.
(3) Spacing of signs
(a) Signs shall conform to all applicable building codes and ordinances.
(b)(i) No two sign structures facing in the same direction subject to regulations under this Part shall be spaced less than one hundred fifty feet apart unless separated by a building, structure, or roadway, except that no outdoor advertising sign shall be permitted within one thousand feet of any other permitted outdoor advertising sign along, and on the same side of, an interstate highway, excluding official and "on premise" signs as defined in Section 131(c) of Title 23, United States Code.
(ii) Repealed by Acts 2004, No. 837, §2, eff. July 1, 2004.
(c) All signs are required to maintain the same set-back as other principal buildings and structures or the establishing building lines, whichever is less.
(d) No sign may be located in such a manner as to prevent the driver of a vehicle from having a clear, unobstructed view of official signs and approaching merging or intersecting traffic and driveways.
(4) "Commercial and industrial areas" consistent with zoning principles and standards applicable in this state, include: all land so zoned, all unzoned land within one thousand feet of any commercial or industrial activity other than outdoor advertising; all land lying within one thousand feet of any two such unzoned areas; and all other unzoned lands appropriate for outdoor advertising which are determined to be unzoned commercial or industrial areas by any court of this state.
(5) The following signs shall not be permitted:
(a) Signs which are obsolete.
(b) Signs which are illegal under state laws or regulations.
(c) Signs that are not clean and in good repair.
(d) Signs that are not securely affixed to a substantial structure.
(e) Signs which attempt or appear to attempt to regulate, warn, or direct the movement of traffic or which interfere with, imitate or resemble any official traffic sign, signal, or device.
(f) Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.
(g) Signs which are not consistent with the standards in this Part.
B. The department, however, is authorized to modify, vary or supplement the above restrictions if necessary to comply with the standards approved by the Congress of the United States and to insure that the department will receive the maximum amount of federal-aid funds as provided in the Federal Highway Beautification Act of 1965.1
Acts 1966, No. 474, §1; Acts 1989, No. 382, §1, eff. June 30, 1989; Acts 1990, No. 6, §1, eff. June 4, 1990; Acts 1992, No. 101, §1, eff. June 5, 1992; Acts 1999, No. 651, §1; Acts 1999, No. 1091, §1; Acts 2004, No. 837, §§1, 2, eff. July 1, 2004.
123 U.S.C.A. §§131, 135, 136, 319.
Any sign, display or device lawfully in existence along the interstate or primary systems on July 27, 1966 and which is not in conformity with the provisions contained herein shall not be required to be removed until July 1, 1970. Any other sign, display or device lawfully erected which does not conform to the provisions hereof shall not be required to be removed until the end of the fifth year after it becomes nonconforming.
Added by Acts 1966, No. 474, §1.
A.(1) The department shall acquire by donation, purchase, lease, exchange, or expropriation and, when required by state or federal law, shall pay just compensation upon the removal of the following outdoor advertising signs, displays, and devices:
(a) Those lawfully in existence on July 27, 1966.
(b) Those lawfully on any highway made a part of the interstate or primary systems on or after the effective date of this Part and before January 1, 1968, and
(c) Those lawfully erected on or after January 1, 1968.
(2) Such just compensation is authorized to be paid only for the taking from the owner of such sign, display, or device of all right, title, lease and interest in such sign, display, or device; and the taking from the owner of the land on which the sign, display, and device is located of the right to erect and maintain such signs, displays, and devices thereon.
(3) However, notwithstanding the above provisions, such payment shall be made by the department upon the removal of any sign, display, or device erected along the interstate or primary systems prior to January 31, 1972 if seventy-five percent of the cost thereof is made available from federal sources.
(4) For the purposes of this Section, just compensation shall mean payment in cash. The cost of relocation may be considered a factor for purposes of determining just compensation. The use of amortization for whatever period shall not constitute just compensation.
(5) Notwithstanding any provision of the law to the contrary, should the state or any of its political subdivisions remove or alter or cause to be removed or altered, any lawfully erected off-premise advertising signs just compensation as defined herein shall be paid.
B. The department shall schedule and program the acquisition and removal of outdoor advertising signs, displays, and devices, required or to be acquired under this Section, in accordance with the following order of priority:
(1) Hardship acquisitions, the voluntary sales where owners desire an expeditious removal of their legal nonconforming signs, and other situations which suggest expeditious action to avoid hardships and conflicts; provided, however, that any owner desiring to make such sale so advise the department within one hundred eighty days of the effective date of Paragraph B of this Section.
(2) All other except for tourist oriented directional advertising as hereafter defined.
(3) Tourist oriented directional advertising is defined to be those signs providing directional information about facilities in the state of Louisiana providing services or goods of particular interest to the motorist while traveling such as, but not limited to food, lodging, gasoline, oil, automotive services, camp grounds, trailer parks, truck stops, resorts, tourist attractions, churches and religious services.
C. Notwithstanding any other provision of law to the contrary, in accordance with state law and department regulations on outdoor advertising, the following procedures shall apply to conforming out-of-standard signs, subject to expropriation by the department as follows:
(1) Owners of conforming out-of-standard signs who voluntarily execute a partial waiver and reset agreement with the department may reset and illuminate a conforming out-of-standard sign. Such reset agreement shall be contingent upon obtaining any required local approval to reset such conforming out-of-standard sign, as well as the approval of the landowner of the same or adjoining property.
(2) The partial waiver and the reset agreement shall specify the width and height of the sign face, the overall height of the sign, the sign type, the type of illumination, the type of construction, the distance to the nearest sign, and the location of the rebuilt sign. In the event the owner of the conforming out-of-standard sign fails to execute a reset agreement within one hundred twenty days of receiving written notice from the department that the conforming out-of-standard sign will be displaced by construction, the department shall initiate normal expropriation procedures, and the owner of the conforming out-of-standard sign shall receive compensation for removal of the conforming out-of-standard sign.
(3) All conforming out-of-standard signs shall be subject to annual permit fees provided in department regulations on outdoor advertising.
Acts 1966, No. 474, §1; Acts 1972, No. 546, §1; Acts 1978, No. 187, §1, eff. Aug. 11, 1978; Acts 1989, No. 382, §1, eff. June 30, 1989; Acts 1990, No. 6, §1, eff. June 4, 1990; Acts 2010, No. 616, §1.
Unlawful advertising shall be any sign, display or device which violates the provisions of this Part. The department shall give thirty days notice, by certified mail, to the owner of such device to remove same if it is a prohibited device or cause it to conform to regulations if it is an authorized device. If the owner of such device fails to act within thirty days, as required in the notice, the department shall remove the advertising device at the expense of the owner thereof.
Added by Acts 1966, No. 474, §1.
A. In order to provide information in the specific interest of the traveling public, the department may maintain maps and permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish information centers at those areas for the purpose of informing the public of places of interest within the State and providing such other information as may be considered desirable.
B. The department may allow other public bodies of this State to operate and participate in the operation of such informational centers.
Added by Acts 1966, No. 474, §1.
No person shall establish, operate or maintain a junkyard any portion of which is within one thousand feet of the nearest edge of the right of way of any interstate or primary highway, except the following:
(1) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of such highway, or otherwise removed from sight.
(2) Those located within areas which are zoned for industrial use under authority of law.
(3) Those located within unzoned areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the department.
(4) Those which are not visible from the main-traveled way of such highway.
Added by Acts 1966, No. 474, §1.
Any junkyard lawfully in existence on July 27, 1966 which is within one thousand feet of the nearest edge of the right of way and visible from the main-traveled way of any highway on the interstate or primary systems shall be screened, if the department determines that it is feasible to do so, by the department at locations on the highway right of way or in areas acquired for such purposes outside the right of way so as not to be visible from the main-traveled way of such highways.
Added by Acts 1966, No. 474, §1.
The department is authorized to establish and promulgate rules and regulations governing the location, planting, construction and maintenance of screening or fencing required by this Part, including the materials to be used.
Added by Acts 1966, No. 474, §1.
A. The department may acquire by donation, purchase, lease, exchange or expropriation such interest in lands as it may deem necessary to secure the relocation, removal or disposal of the following junkyards when it determines that the topography of the land adjoining the highway will not permit adequate screening of such junkyards or the screening of such junkyards would not be practical:
(1) Those lawfully in existence on July 27, 1966;
(2) Those lawfully along any highway made a part of the interstate or primary systems on or after July 27, 1966 and before January 1, 1968; and
(3) Those lawfully established on or after January 1, 1968.
B. Where required by state or federal law just compensation shall be paid the owner for the relocation, removal, or disposal of the junkyards listed in this Section.
Added by Acts 1966, No. 474, §1.
Any junkyard which violates the provisions of this Part is hereby declared to be illegal and the department may apply to the court in the parish in which such junkyard is located for an injunction to require compliance with the provisions of this Part.
Added by Acts 1966, No. 474, §1.
Nothing in this Part shall be construed to abrogate or affect the provisions of any statute, ordinance or regulation which is more restrictive than the provisions of this Part.
Added by Acts 1966, No. 474, §1.
The department may enter into agreements with the Secretary of Commerce, as provided by Title 23, United States Code1, relating to the control of outdoor advertising and of junkyards in areas adjacent to the Interstate and Primary systems, including the establishment and operation of information centers at safety rest areas, and may take action in the name of the State to comply with the terms of such agreement.
Added by Acts 1966, No. 474, §1.
123 U.S.C.A. §101 et seq.
Notwithstanding the provisions of R.S. 48:461.2, no outdoor advertising shall be erected or maintained within visual observation of the main traveled way of Interstate Highway 10 from a point one thousand feet east of the LaPlace interchange to the Jefferson Parish line.
Added by Acts 1972, No. 217, §1.
Notwithstanding the provisions of R.S. 48:461.2, no outdoor advertising shall be erected or maintained within visual observation of the main traveled way of Interstate Highway 10 between the West Atchafalaya Basin Protection Levee and the East Atchafalaya Basin Protection Levee.
Added by Acts 1973, No. 129, §1.
A. Control of outdoor advertising signs, displays and devices is extended to signs, displays and devices located beyond six hundred sixty feet of the edge of the right of way of the Federal Aid Interstate or Primary Systems outside of urban areas erected with the purpose of their message being read from the main traveled ways of such systems. Such signs, displays or devices are prohibited, whether or not in commercial or industrial areas, unless they are of a class or type allowed under Sections 461.1 through 461.8 within six hundred sixty feet of the edge of the right of way of such system outside of commercial or industrial areas.
B. The term "erected with the purpose of its message being read from the main traveled way of such system" shall not include a sign lawfully in existence adjacent to a highway not controlled under this section, which sign at a later date becomes visible from the main traveled way of an interstate or federal aid primary highway for which the right of way was acquired subsequent to the erection of the sign provided that such sign is not intended to be read primarily from the controlled highway. The circumstances of the sign's erection, the revenues generated by the sign, or changes in the sign's structure, purpose, or size may be considered in determining from which highway the sign is intended to be primarily read.
Added by Acts 1975, No. 617, §1.
Legal outdoor advertising signs, displays or devices prohibited by Section 461.18 shall be removed upon the payment of just compensation in the same manner and subject to the same limitations as signs lawfully erected within six hundred sixty feet of the edge of the right of way of the Federal Aid Interstate and Primary Systems outside of commercial and industrial areas.
Added by Acts 1975, No. 617, §1.
Signs lawfully in existence on October 22, 1965, determined by the state, subject to the concurrence of the United States Secretary of Transportation, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this Section, are not required to be removed.
Added by Acts 1975, No. 617, §1.
In the event that the owner of an unlawful advertising sign fails or refuses to remove the sign after the thirty day notice from the department, as specified in Section 461.7, the department is authorized to give notice to the property owner and to enter upon the property whereon the sign is located and to dismantle and remove the unlawful sign from the premises, at the risk of the sign owner, to store the sign and to collect from the sign owner the cost of dismantling, removing, transporting, and storing the sign.
Added by Acts 1975, No. 617, §1. Amended by Acts 1977, No. 291, §1; Acts 1978, No. 187, §2, eff. Aug. 11, 1978.
Any other provision of law to the contrary notwithstanding, no outdoor advertising as described in R.S. 48:461.2(A)(4) and (5) and no junkyards as defined in this Part shall be erected or maintained within visual observation of the main traveled way of the interstate and primary highways in this state between the waters of the Mississippi River and the publicly maintained flood protection levees thereon, unless authorized in writing by the Secretary of the Department of Transportation and Development.
Added by Acts 1977, No. 703, §1, eff. July 25, 1977.
A. Outdoor advertising signs, displays and devices which provide directional information about goods and services in the interest of the traveling public, and are such that removal would work a substantial economic hardship in a defined area, and which were in existence on May 5, 1976, are exempt from the provisions of this Part and may be retained in the defined area, if approved by the Federal Highway Administration, pursuant to 23 C.F.R. §750.501 et seq.
B. A defined area, as used herein, is an area within clearly established geographical boundaries, ascertainable with reasonable certainty, which can be evaluated as an economic entity.
C. Signs exempted under this Section must meet with following requirements:
(1) Have been lawfully erected prior to May 5, 1976, and must continue to be lawfully maintained.
(2) Continue to provide the directional information to goods and services offered at the same enterprise in the defined area in the interest of the traveling public that was provided on May 5, 1976.
D. The department is authorized and directed to adopt and promulgate rules and regulations, within ninety days from the effective date hereof, for the administration and implementation of this Section, establishing and defining:
(1) Requirements for the directional content of signs to qualify the signs as directional signs to goods and services in defined areas.
(2) A method of economic analysis showing that the removal of signs would work a substantial economic hardship throughout the defined area.
E. Upon receipt of a petition, declaration or resolution from any state, parish or municipal agency, or subdivision, or from any industry association or trade association containing more than fifteen members, asserting or claiming that the removal of such signs providing directional information about goods and services in the interest of the traveling public, are such that removal would work a substantial economic hardship in a defined area, the department shall make appropriate application to the Federal Highway Administration for the exemption of such signs under the provision of 23 USC 131(o), and in accordance with Part 750, Title 23 of the Code of Federal Regulations, or in accordance with the appropriate federal statutes and regulations required to apply for exemption of such signs from federal control of outdoor advertising.
Added by Acts 1978, No. 187, §3, eff. Aug. 11, 1978.
A. Except any such ordinance which was enacted by a governing authority prior to May 1, 1989, no municipal or parish governing authority shall require by ordinance, or by amendment to any ordinance, the removal, alteration, or adjustment of any on-premises outdoor advertising sign, display, or device lawfully erected prior to December 31, 1989.
B. Nothing in this Section shall be construed to limit the power of a municipal or parish governing authority to:
(1) Offer and pay the owner of on-premises outdoor advertising signs, displays, or devices just compensation for the removal or alteration of such advertising devices, upon mutual agreement by the governing authority and said owner.
(2) Require by ordinance the removal or alteration of an outdoor advertising sign, display, or device for which the entire normal and useful life of the device has expired.
(3) Require by ordinance the removal or alteration of an on-premises outdoor advertising sign, display, or device which is obsolete, unlawful, or illegal on the date of its installation, or in a condition of severe disrepair.
(4) Require by ordinance the removal or alteration of an on-premises outdoor advertising sign, display, or device which is located in such a manner as to obscure, obstruct, or otherwise interfere with the view of an official traffic sign, signal, or device, or obstruct or interfere with a motorist's view of approaching, merging, or intersecting traffic.
Acts 1989, No. 431, §1, eff. June 30, 1989; Acts 1990, No. 878, §1, eff. July 25, 1990.
Notwithstanding the provisions of R.S. 48:461.2, no outdoor advertising shall be erected or maintained within visual observation of the main traveled way of Interstate Highway 310, in St. Charles Parish, between Interstate Highway 10 and the Mississippi River.
Acts 1992, No. 191, §1.
A.(1) Interstate Highway 49 is hereby designated as a parkway.
(2) U.S. Highway 90 from the St. Mary - Assumption Parish line to the junction of U.S. Highway 90 and State Highway 1 near Raceland is hereby designated as a parkway.
(3) Louisiana Highway 3025, known as Ambassador Caffery Parkway, from Verot School Road to U.S. 90 in Lafayette Parish is hereby designated as a parkway.
B. Notwithstanding the provisions of R.S. 48:461.2 or any other law to the contrary, no off-premise outdoor advertising shall be erected or maintained within visual observation of the main-traveled way of any parkway designated in Subsection A of this Section except as authorized herein. Off-premise outdoor advertising may be erected within five thousand feet of the intersection of the parkway and a local, state, or federal designated highway, measured along the parkway from the nearest edge of the intersecting highway, if the appropriate local governing authority of the area allows such advertising by ordinance, and the site of the outdoor advertising is zoned commercial or industrial under comprehensive zoning of the local governing authority or is within eight hundred feet of an actual commercial or industrial activity as defined by the department. The measurement for placement of off-premise outdoor advertising signs shall be made separately for each side of the parkway. The provisions of this Subsection shall be inapplicable with respect to any off-premise outdoor advertising sign built or lawfully permitted prior to July 1, 2004.
C.(1) No person shall establish, operate, or maintain any nonagricultural, commercial, or industrial activity within five hundred feet of the parkway right-of-way without approved screening by natural objects, plantings, fences, or other appropriate means approved by the Department of Transportation and Development so that such activity is not visible from the main-traveled way. However, the requirements of this Subsection shall not apply to properties located within the boundaries of a municipality or within five thousand feet of the intersection of the parkway and a state or federal designated highway, measured along the parkway from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way on the same side of the parkway.
(2) "Approved screening" for purposes of this Section means screening as provided for in Paragraph C(1) of this Section which is established, constructed, and maintained by an individual, business, or other entity according to a plan submitted to and approved by the Department of Transportation and Development. The procedure for submission of the plan and the standards by which the department will decide whether a screening plan meets the requirements of Paragraph C(1) of this Section shall be set forth in rules and regulations promulgated by the department pursuant to the Administrative Procedure Act. An appeal from a decision of the department shall be in accordance with the provisions of that Act.
D. None of the requirements of Subsection B of this Section, either in whole or in part, shall be interpreted as a waiver of any other local, state, or federal ordinance, statute, or regulation pertaining to outdoor advertising on interstate highways in Louisiana.
E.(1) The provisions of this Section relative to Paragraph (A)(1) shall be inapplicable with respect to any advertising or commercial or industrial activity which has been lawfully established prior to July 13, 1992.
(2) The provisions of this Section relative to Paragraph (A)(2) shall be inapplicable with respect to any advertising or commercial or industrial activity which has been lawfully established prior to December 7, 1999. If any advertising or commercial or industrial activity which has been lawfully established prior to December 7, 1999, is interrupted by act of god, or negligent or intentional act of a third party, such activity may be restored and continued under the terms of the prior existing permit without the need of applying for a new permit with respect to such restoration and continuance.
(3) The provisions of Subsection B of this Section shall not apply to any advertising on property owned by an institution of postsecondary education as defined by R.S. 17:3092, an institution of higher education, or a foundation affiliated with the institution. Such advertisements shall be limited to the promotion of the educational and cultural welfare of the institution.
Acts 1992, No. 1054, §1, eff. July 13, 1992; Acts 2000, 1st Ex. Sess., No. 61, §1; Acts 2003, No. 87, §1; Acts 2004, No. 837, §1, eff. July 1, 2004; Acts 2022, No. 405, §1.
A. The department may issue permits for outdoor advertising devices along highway rights-of-way in areas designated in a department forestry management plan. Applications for permits for devices in such areas may be denied if the department plans to reforest the area with trees or other vegetation which would eventually cause the location to be unfavorable for such use.
B. The term "forestry management plan" as used in this Section means that plan for use of areas within the highway rights-of-way of the interstate system for the harvesting and replanting of timber as determined by the Departments of Agriculture and Forestry and Transportation and Development.
Acts 2004, No. 163, §1, eff. June 10, 2004.
This Chapter does not apply in any manner to roads, streets, or alleys which are part of the state highway system.
Parish governing authorities may pass all ordinances which they think necessary relative to roads, bridges, and ditches, and may impose such penalties to enforce them as they think proper.
Parish governing authorities may let out contracts for opening and repairing roads, making and repairing bridges, on the terms and conditions that they think most conducive to the public interest. However, they shall not make contracts for work exceeding in amount the funds in their treasury or the amount of taxes levied for that purpose.
Parish governing authorities may drain the public roads of their respective parishes by cutting ditches and canals where necessary through private property. The ditches and drains shall be of sufficient size to drain both the public road and the lands over which they are opened. They shall be located where least injurious to the owner of the property.
The governing authority of any parish may employ an engineer to design blacktop, concrete or other hard surfaced roads, highways, bridges and tunnels in the parish to be constructed with funds from the royalty road fund whenever the department of highways is unable to assign engineers for the purpose; provided that the design must be approved by the state department of highways.
Acts 1956, No. 418, §1.
The governing authority of any parish may designate roads or streets located within the parish and outside of municipalities by assigning thereto road numbers and indicating the parish and ward in which such road is located and may post appropriate markers to inform the public of such number, parish and ward, and the numbering of such roads and the design of such markers may be coordinated through the Parish Road Section of the State Department of Highways for the purpose of achieving statewide uniformity.
Added by Acts 1968, No. 348, §1.
A. All roads or streets in this state that are opened, laid out, or appointed by virtue of any act of the legislature or by virtue of an order of any parish governing authority in any parish, or any municipal governing authority in any municipality shall be public roads or streets, as the case may be.
B.(1)(a) All roads and streets in this state which have been or hereafter are kept up, maintained, or worked for a period of three years by the authority of a parish governing authority within its parish, or by the authority of a municipal governing authority within its municipality, shall be public roads or streets, as the case may be, if there is actual or constructive knowledge of such work by adjoining landowners exercising reasonable concern over their property.
(b) Actual or constructive knowledge is presumed if prior to or during the work the public body notifies the last known adjoining landowners of same by written notice by certified or registered mail, return receipt requested. When such notice is given more than two years and ten months from commencement of such work, it shall suspend the foregoing prescription for sixty days.
(c) Actual or constructive knowledge is conclusively presumed within all parishes and municipalities, except as otherwise provided by R.S. 48:491(B)(3), if the total period of such maintenance is four years or more, unless prior thereto and within sixty days of such actual or constructive knowledge, the prescription is interrupted or suspended in any manner provided by law.
(2) When a local governing authority for any reason decides to dispose of any road, street, or property used for right-of-way purposes which was originally donated to the authority or its ancestor in title, the property shall revert to the original donor or his heirs or assigns. The authority shall notify the donor or his heirs of its intention to donate the property by sending written notice via certified mail, return receipt requested, to the donor or his heirs at his last known address. The notice shall inform the donor or his heirs or his assigns of the authority's intention to have the land revert and provide him ninety days from receipt in which to respond. If, upon the expiration of the ninety-day period, no response has been received by the authority, it shall dispose of the property in accordance with applicable law. In the donation deed from the authority to the donor or his heirs or his assigns, the authority shall reserve rights of passage for landowners who own property contiguous to the property to be reverted.
(3) Repealed by Acts 2003, No. 204, §1.
C. All roads or streets made on the front of their respective tracts of lands by individuals when the lands have their front on any of the rivers or bayous within this state shall be public roads when located outside of municipalities and shall be public streets when located inside of municipalities.
D. Notwithstanding any other provisions of law to the contrary, any road or street used by the public is a public road or street provided it is designated as such by the local governing authority, and it shall be within the discretion of the local governing authority to maintain the road up to a private drive; however, no road or street on private property shall be designated as a public road unless ownership is transferred or the right of way is given to the local governing authority.
Amended by Acts 1954, No. 639, §1; Acts 1980, No. 517, §1; Acts 1984, No. 944, §1; Acts 1985, No. 480, §1; Acts 1988, No. 869, §1; Acts 1999, No. 1058, §1; Acts 2003, No. 204, §1.
Repealed by Acts 2012, No. 86, §1.
Repealed by Acts 2012, No. 86, §1.
Repealed by Acts 2012, No. 86, §1.
Repealed by Acts 2012, No. 86, §1.
Parish governing authorities shall post all cross-roads in their respective parishes so as to indicate the nearest point of local importance to which the respective roads lead and the distance thereto.
A. No person shall turn, alter, or change any public road as defined in R.S. 48:491 and being a parish or municipal road, except upon order of the governing authority of the parish for a parish road, whether or not within a municipality, or upon order of the governing authority of the municipality for a municipal road.
B. Whoever violates this Section shall be fined one hundred dollars for each month the road is altered or turned out of its old course.
Acts 1989, No. 815, §1.
A. No person shall close, obstruct, or change any legal road, public road, or street, as defined in R.S. 48:491 and being a parish or municipal road, except upon order of the governing authority of the parish for a parish road, whether or not within a municipality, or upon order of the governing authority of the municipality for a municipal road, except as hereinafter provided.
B. If any public road or street is closed, obstructed, or changed in violation of the provisions of this Section, the governing authority of the parish or the governing authority of the municipality shall summarily open the road, remove all obstructions therefrom, and restore it to its former condition, at the expense of the person who closed, obstructed, or changed the public road or street.
C. The governing authority of Orleans Parish may authorize a person to close, obstruct, or change a public road or street for a period not to exceed twelve consecutive months, provided that the governing authority determines that it is for a public purpose and in the best interests and for the benefit of the parish or municipality, provided further that such closing shall occur only after consultation with and approval by the secretary of the department, provided further that all obstructions be removed therefrom and the public roads or streets be restored for use by the general public at the sole expense of the person authorized to close, obstruct, or change a public road or street, and provided further that the removal of obstructions and the restoration of the public roads or streets be completed within the period authorized by the governing authority, which period shall not exceed twelve months.
Acts 1989, No. 815, §1; Acts 1991, No. 289, §15; Acts 2011, 1st Ex. Sess., No. 11, §1.
Parish governing authorities may create road districts and sub-road districts in the manner and subject to the limitations and restrictions contained in this Part.
Road districts so created are sub-divisions of the state within the meaning of the laws of Louisiana relating to incurring debt and issuing bonds therefor.
Whenever used in this Part, except in R.S. 48:574 through 48:576, "district" means "road district, sub-road district, or consolidated road district." In R.S. 48:574 through 48:576, "district" means only "road district or sub-road district."
No district shall be created comprising the whole territory of a parish. It may, however, be composed of territory either wholly within one parish or partly within two or more parishes.
No district shall be created under the provisions of this Part until the notice prescribed in this Section has been given. Parish governing authorities may give this notice upon their own initiative. They shall give the notice when requested so to do by the petition in writing of one-fourth of the property taxpayers residing within the proposed district.
Notice of intention to create a road district or sub-road district shall be ordered by resolution which shall state the territory the district is proposed to be composed of, and the proposed boundaries thereof. This notice shall embrace substantially all matters required to be set forth in the resolution ordering it and shall set forth further that the parish governing authority ordering it will, in open session, on a date and at an hour and place named therein, proceed to create the proposed district.
The notice shall be published once a week for four successive weeks, the first publication being not less than thirty days before the date fixed for the hearing. Publication shall be in a newspaper published in the parish. If there is none, the notice shall be posted at two public places in the parish and published in a newspaper published in an adjoining parish.
The governing authority of the parish shall hear all objections at the time appointed or at any time to which the hearing thereof may be adjourned and pass upon them. Its decision thereon shall be final and conclusive.
At this hearing the parish governing authority may change the boundaries of the proposed district by excluding therefrom the lands of persons objecting or by including therein the lands of persons petitioning to be included.
After disposing of all objections, the parish governing authority shall, if it determines to create the district, adopt a resolution finally fixing the general boundaries of the district and giving the district a numerical designation and name, as follows:
"Road District No. ______ of the Parish of _____________."
Notice of the formation of the district shall be published in a newspaper published in the parish. If there is none, the notice shall be posted in two public places in the parish and published in a newspaper published in an adjoining parish. One publication is sufficient. If the parish governing authority, at the time it determines to create the district, also decides to submit to the qualified property taxpaying voters the question of incurring debt and issuing bonds of the district under the general laws of Louisiana, notice of the formation of the district and a description of the boundaries thereof may be included in the notice of election, in lieu of the above method. The notice of election shall be published in the manner prescribed by the general laws in relation to incurring debt and issuing bonds.
The parish governing authority may abolish a district in its entirety or may change or alter the boundaries thereof. However, neither the existence nor the territorial boundaries of any district shall be affected in any manner which would impair any obligations that may have been incurred by it during the period of its existence. A preliminary resolution declaring the intention of the parish governing authority to abolish the district or to alter its boundaries shall be adopted, fixing a date for hearing. Notice of this hearing shall be given as provided in R.S. 48:574 for the formation of a road or sub-road district. A hearing shall be had thereon before any order shall be entered in any manner affecting the existence or territorial limits of any district.
The domicile of each district is the parish seat of the parish in which it is created. The domicile of any district composed of territory partly within two or more parishes is the parish seat of the parish furnishing the most territory.
The corporate seal of the parish governing authority creating the district may be adopted by the district as its corporate seal.
The official journal of the parish governing authority or authorities creating the district is the official journal of the district.
The officers of the governing authority of the parish in which the particular district is located are the officers of the district. They shall serve without extra compensation. Where a district is composed of territory located wholly within one parish, the parish treasurer's bond also covers and guarantees the faithful performance of his duties as treasurer of the district.
Where a district is composed of territory partly within two or more parishes, the officers of the governing authority of the parish furnishing the most territory are the officers of the district. The treasurer of a district lying partly within two or more parishes shall furnish a special bond to be fixed by the governing authority of the district for the faithful performance of his duties as such. The premium thereof shall be paid by the district.
Districts constitute public corporations, and as such have all the powers of public corporations. They have perpetual existence. They may incur debt and contract obligations; sue and be sued; have a corporate seal; do and perform all acts in their corporate capacity and in their corporate names necessary and proper for the purpose of constructing, maintaining, and improving public roads, highways, and bridges within their territorial limits, and for the ditching and drainage thereof; and generally may perform all acts necessary to carry out the object and purposes of their creation. They have the power of expropriating property for the purpose of acquiring rights of way for the building and constructing of public roads and highways and the cutting of necessary ditches and canals for the drainage thereof. They may acquire any machinery and equipment which is essential to the proper accomplishment of the purposes of their creation.
If a district is composed of territory wholly within one parish, the governing authority of that parish is the governing authority of the district. If a district is composed of territory partly within two or more parishes, the governing authorities of those parishes in joint session constitute the governing authority of the district.
The parish governing authority shall, on request of fifty per cent or more of the property tax payers resident in any district, appoint a supervisory board of three property tax payers, residing in the district. The property tax payers thus requesting may suggest the names of the members of the supervising board. In case of a contest or a failure to suggest, the parish governing authority shall exercise the discretion of choice.
The supervisors shall elect a chairman and a secretary from their own number. These officers shall serve without pay.
The members of supervisory boards are the agents of the parish governing authority in all matters pertaining to road construction in their respective districts.
During road construction, the supervisors shall meet every week.
The supervisory board may, after the road bond or tax is voted, provide the specifications under the terms of this Part for road construction, call for bids, let the contract for road construction, and supervise the construction of the roads in the district. During construction the supervisors shall, with the concurrence of the parish governing authority, approve all estimates of work before they are paid by the governing body of the district.
After completion of construction, the supervisors shall meet only on call of the chairman. Their authority at that time extends only to the making of recommendations to the parish governing authority for the proper maintenance and repair of roads in their district.
The parish governing authority has, at all times, supervisory authority in all matters pertaining to road construction, location, and maintenance.
Subject to the provisions of Title 33, any parish may assume all the indebtedness, both bonded and floating, of any or all of the districts wholly within its territorial limits.
When, subject to the provisions of Title 33, an election is called for the purpose of submitting to the property taxpayers of a parish the question of the assumption by the parish of the indebtedness of any or all of the districts wholly within the parish, the parish governing authority may, at the same election and contingent upon that election carrying, submit to the property taxpayers of the parish qualified to vote in that election a proposition to incur additional indebtedness and issue negotiable bonds therefor for the purpose of constructing, improving, and maintaining the public roads, highways, and bridges of the parish.
Whenever an election is called by the governing authority of any parish or district for the purpose of incurring debt and issuing bonds therefor, for the purpose of acquiring, building, improving, or maintaining public roads or highways, the governing authority may, at the same time, submit to the property taxpayers of the parish or district a proposition to levy a special tax of not more than five mills on the dollar for a period of not more than ten years, for the purpose of maintaining and keeping in repair these public roads and highways.
When an indebtedness has been incurred in any parish or district and bonds have been issued therefor for the purpose of acquiring, building, maintaining, or improving public roads or highways, the governing authority of the parish or district may call an election throughout the parish or district for the purpose of submitting to the property taxpayers thereof the proposition set out in the first paragraph of this Section.
The rate, object, and purpose for which the tax is to be levied and the number of years it is to run shall be stated in the ordinance or resolution calling the election.
Whenever any gravel or other hard-surfaced roads have been constructed in any parish or district, the governing authority of the parish in which the roads are located shall provide annually in its budget for the amounts which will be required for the maintenance and repair of the roads. Any taxpayer may, by appropriate action, enforce the fulfillment of this requirement. This Section does not apply in cases where a special tax has been voted in any parish or portion of a parish to provide for the maintenance of the roads or highways in that locality where the tax is levied.
The governing authority of any parish in which there is one or more road districts or sub-road districts may, in the manner prescribed in R.S. 48:591, consolidate all of the road districts and sub-road districts or any number of them into one road district. It may, at the same time, add thereto and include in the new district any part or parts of the parish not previously included in a district.
Any such road district created shall be known as a consolidated road district and its bonds shall be known as consolidated road district bonds. No consolidated road district shall, however, comprise the entire territory of a parish. In case there is more than one consolidated road district in a parish, they shall be distinguished by adding to their names the letters A, B, C, etc.
The procedure to create a consolidated road district is as follows:
The parish governing authority shall pass an ordinance or resolution which shall specify (but need not describe) the existing districts to be included in the consolidated road district and their respective indebtedness, both bonded and floating. It shall declare that it is advisable to consolidate the roads of the several districts, and any unorganized road territory existing in the parish, into a consolidated road system; and shall make an estimate of the amount of new money presently needed to enlarge and extend the district system or systems. However, the amount of new money, when added to the aggregate of the bonded and floating debt of the road districts included in the consolidated district, shall not exceed ten per cent of the assessed valuation of the consolidated road district.
This ordinance shall be published once in the official journal of the parish.
Not less than ten days after the publication of the ordinance, the parish governing authority shall call an election in the consolidated district. This election shall be called, proclaimed, held, and promulgated in all particulars as near as may be in the manner prescribed by the general laws in relation to incurring debt and issuing bonds. At this election there shall be submitted the question of the issuance of consolidated road district bonds: (1) in a specified sum, which shall be the aggregate of the districts' debt and the new money as declared in the ordinance or resolution; (2) bearing interest at a specified rate which is not more than the highest rate which any road bonds of any of the road districts bear, (3) payable annually or semi-annually as the parish governing authority decides, and (4) maturing not more than forty years after the date of the issuance thereof, for the purpose of acquiring and constructing roads the title to which shall vest in the consolidated road district.
If a majority in number and amount of the qualified property taxpayers who vote at the election vote in favor of the bonds, the parish governing authority shall promulgate and publish the result of the election and shall thereupon adopt and have published in the official journal two ordinances: the first declaring that the consolidated road district has been created and the second providing for the issuance of consolidated road district bonds.
The bonding ordinance specified in R.S. 48:591 shall first order the preparation and execution of consolidated road district coupon bonds. These shall be of as many series as there are district bond issues and shall be called liquidation bonds. Except as to date of issue, which may be the date when the last interest coupon of the district issue was paid, each series shall be as nearly as possible identical with a corresponding issue of district bonds in denominations, date of maturity, date of interest payment, rate, percent, and recitals. Each series shall bear a series number which shall identify it with the issue it is intended to liquidate.
After provision is made for the issuance of consolidated road district liquidation bonds, the parish governing authority, either in the same or in another ordinance or ordinances, may provide for the issuance and sale of consolidated road district bonds of another series to provide new money for road purposes. Bridges shall be considered part of a road and proceeds may be used for the construction and repair thereof. This last series of bonds shall conform in all particulars with the requirements of this Part in the case of original issues by road districts. All floating indebtedness and all liabilities theretofore incurred by consolidated road districts shall be paid out of the proceeds of the first such bonds sold.
When the liquidation bonds have been prepared they shall be lodged with the State Treasurer. Any holder of a district bond may, upon surrendering the bond to the State Treasurer, receive in substitution therefor the corresponding liquidation bond. Until so exchanged the liquidation bonds shall, until they mature, continue in the possession of the State Treasurer.
The parish governing authority shall, in proper time and manner, levy a tax sufficient to pay the interest upon all the bonds of each series as it accrues and to pay the principal as it matures. The sums so levied shall pay the principal or interest of the corresponding district bond. All district bonds and coupons when paid in accordance with their terms shall be lodged with the State Treasurer, who shall cancel the liquidation bonds and coupons corresponding thereto. When all the bonds of any series are thus cancelled by payment of the corresponding district bonds, the State Treasurer shall mutilate them so that they cannot be reissued and shall return them to the treasurer of the parish which issued them.
The consolidated road district shall, upon lodging its liquidation bonds with the State Treasurer, succeed to and become charged with all the liabilities and duties and vested with all the rights, jurisdiction, and authority of the several districts included therein.
Nothing contained in this Section shall operate to extinguish the corporate existence of any district until all its debts and obligations have been paid.
A. Notwithstanding any provisions of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, District Four Road Commission of St. Landry Parish, hereinafter referred to as the "commission", is hereby created. The boundaries of the commission shall be coterminous with the boundaries of Police Jury District Number Four of St. Landry Parish. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District Four Road Commission of St. Landry Parish, hereinafter referred to as the "board".
B.(1) The commissioners of the board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each of the eight precincts within Police Jury District Four who shall be a resident of such precinct. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.
(2) Of the eight commissioners initially appointed, four shall serve for a term of one year and four shall serve for a term of two years. The length of the term of each individual appointed shall be determined by lot at the first meeting of the commission.
(3) The members of the board shall serve until their successors have been appointed and qualified.
(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be two years, and upon expiration of a term of office, the successor shall be appointed as provided in Paragraph B(1) of this Section. No commissioner shall serve for more than two terms.
(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.
C.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice-chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.
(2) The minute books and archives of the board shall be maintained by the board's secretary. The monies, funds, and accounts of the commission shall be in the official custody and control of the board's treasurer.
(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within the boundaries of the commission as may be prescribed in the bylaws.
D.(1) The commission shall be considered a political subdivision of the state of Louisiana and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and road drainage facilities in the parish1, and without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:
(a) To levy and collect within said boundaries of the commission a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, and the storage for use or consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 317, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 317, inclusive, shall be followed in the imposition, collection, and enforcement of said tax and any procedural details necessary to be established of said tax and any procedural details necessary to be established to supplement the provisions of said Sections and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff or the Department of Revenue of the state of Louisiana, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.
(b) The resolution imposing such tax shall be adopted by the commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of the commission at an election to be called, conducted, canvassed, and promulgated by the governing authority of the commission in accordance with the general laws of the state of Louisiana governing the authorization of general obligations bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.
(c) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails or proceeds of the tax after payment of collection costs shall be used solely by the commission for the construction, acquisition, operation, and maintenance of the roads, bridges, or road drainage facilities of the commission. The question or proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.
(2) To levy on all taxable property within the boundaries of the commission an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of the commission at an election called by the board for the purposes of constructing, acquiring, operating, and maintaining the roads, bridges, and road drainage facilities of the commission.
(3) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with existing road districts or commission.
(4) To construct any necessary improvements to facilitate drainage from immediate road surfaces.
(5) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.
(6) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.
Acts 1989, No. 785, §1; Acts 1997, No. 658, §2.
1AS IT APPEARS IN THE ENROLLED ACT.
A. Notwithstanding any provisions of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, District Five Road Commission of St. Landry Parish, hereinafter referred to as the "commission", is hereby created. The boundaries of the commission shall be coterminous with the boundaries of Police Jury District Number Five of St. Landry Parish. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District Five Road Commission of St. Landry Parish, hereinafter referred to as the "board".
B.(1) The commissioners of the board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each precinct within Police Jury District Five as such districts are established at the time the appointments are being made and as certified by the St. Landry Parish register of voters. Each member appointed shall be a resident of the precinct he is appointed to represent. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.
(2) Of the thirteen commissioners initially appointed, seven shall serve for a term of one year and six shall serve for a term of two years. The length of the term of each individual appointed shall be determined by lot at the first meeting of the commission.
(3) The members of the board shall serve until their successors have been appointed and qualified.
(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be four years, and upon expiration of a term of office, the successor shall be appointed as provided in Paragraph (1) of this Subsection. No person who has served as a commissioner for two consecutive four-year terms shall be appointed for the succeeding term.
(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.
C.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice-chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.
(2) The minute books and archives of the board shall be maintained by the board's secretary. The monies, funds, and accounts of the commission shall be in the official custody and control of the board's treasurer.
(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within the boundaries of the commission as may be prescribed in the bylaws.
D.(1) The commission shall be considered a political subdivision of the state of Louisiana, and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and road drainage facilities in the parish1, and without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:
(a) To levy and collect within said boundaries of the commission a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 317, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 317, inclusive, shall be followed in the imposition, collection, and enforcement of said tax and any procedural details necessary to be established to supplement the provisions of said Sections and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff or the Department of Revenue of the state of Louisiana, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.
(b) The resolution imposing such tax shall be adopted by the commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of the commission at an election to be called, conducted, canvassed, and promulgated by the governing authority of the commission in accordance with the general laws of the state of Louisiana governing the authorization of general obligation bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.
(c) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails or proceeds of the tax after payment of collection costs shall be used solely by the commission for the construction, acquisition, operation, and maintenance of the roads, bridges, or road drainage facilities of the commission. The question or proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.
(2) To levy on all taxable property within the boundaries of the commission an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of the commission at an election called by the board for the purposes of constructing, acquiring, operating, and maintaining the roads, bridges, and road drainage facilities of the commission.
(3) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with existing road districts or commissions.
(4) Construct any necessary improvements to facilitate drainage from immediate road surfaces.
(5) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.
(6) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.
Acts 1989, No. 785, §1; Acts 1993, No. 971, §1; Acts 1997, No. 658, §2; Acts 2017, No. 229, §1.
A. Notwithstanding any provisions of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, District Six Road Commission of St. Landry Parish, hereinafter referred to as the "commission", is hereby created. The boundaries of the commission shall be coterminous with the boundaries of Police Jury District Number Six of St. Landry Parish. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District Six Road Commission of St. Landry Parish, hereinafter referred to as the "board".
B.(1) The commissioners of the board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each precinct within Police Jury District Six as such districts are established at the time the appointments are being made and as certified by the St. Landry Parish register of voters. Each member appointed shall be a resident of the precinct he is appointed to represent. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.
(2) Of the six commissioners initially appointed, three shall serve for a term of one year and three shall serve for a term of two years. The length of the term of each individual appointed shall be determined by lot at the first meeting of the commission.
(3) The members of the board shall serve until their successors have been appointed and qualified.
(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be four years, and upon expiration of a term of office, the successor shall be appointed as provided in Paragraph (1) of this Subsection. No person who has served as a commissioner for two consecutive four-year terms shall be appointed for the succeeding term.
(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.
C.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice-chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.
(2) The minute books and archives of the board shall be maintained by the board's secretary. The monies, funds, and accounts of the commission shall be in the official custody and control of the board's treasurer.
(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within the boundaries of the commission as may be prescribed in the bylaws.
D.(1) The commission shall be considered a political subdivision of the state of Louisiana and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and road drainage facilities in the parish1, and without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:
(a) To levy and collect within said boundaries of the commission a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, and the storage for use or consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 317, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 317, inclusive, shall be followed in the imposition, collection, and enforcement of said tax and any procedural details necessary to be established of said tax and any procedural details necessary to be established to supplement the provisions of said Sections and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff or the Department of Revenue of the state of Louisiana, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.
(b) The resolution imposing such tax shall be adopted by the commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of the commission at an election to be called, conducted, canvassed, and promulgated by the governing authority of the commission in accordance with the general laws of the state of Louisiana governing the authorization of general obligations bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.
(c) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails or proceeds of the tax after payment of collection costs shall be used solely by the commission for the construction, acquisition, operation, and maintenance of the roads, bridges, or road drainage facilities of the commission. The question or proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.
(2) To levy on all taxable property within the boundaries of the commission an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of the commission at an election called by the board for the purposes of constructing, acquiring, operating, and maintaining the roads, bridges, and road drainage facilities of the commission.
(3) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with existing road districts or commission.
(4) To construct any necessary improvements to facilitate drainage from immediate road surfaces.
(5) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.
(6) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.
Acts 1989, No. 785, §1; Acts 1997, No. 658, §2; Acts 2017, No. 229, §1.
1AS IT APPEARS IN THE ENROLLED ACT.
A. Notwithstanding any provisions of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, District Eleven Road Commission of St. Landry Parish, hereinafter referred to as the "commission", is hereby created. The boundaries of the commission shall be coterminous with the boundaries of Police Jury District Number Eleven of St. Landry Parish but shall not include the city of Eunice. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District Eleven Road Commission of St. Landry Parish, hereinafter referred to as the "board".
B.(1) The commissioners of the board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each of the five precincts within Police Jury District Eleven who shall be a resident of such precinct. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.
(2) Of the five commissioners initially appointed, three shall serve for a term of one year and two shall serve for a term of two years. The length of the term of each individual appointed shall be determined by lot at the first meeting of the commission.
(3) The members of the board shall serve until their successors have been appointed and qualified.
(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be two years, and upon expiration of a term of office, the successor shall be appointed as provided in Paragraph B(1) of this Section. No commissioner shall serve for more than two terms.
(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.
C.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice-chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.
(2) The minute books and archives of the board shall be maintained by the board's secretary. The monies, funds, and accounts of the commission shall be in the official custody and control of the board's treasurer.
(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within the boundaries of the commission as may be prescribed in the bylaws.
D.(1) The commission shall be considered a political subdivision of the state of Louisiana and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and road drainage facilities in the parish1, and without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:
(a) To levy and collect within said boundaries of the commission a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, and the storage for use or consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 317, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 317, inclusive, shall be followed in the imposition, collection, and enforcement of said tax and any procedural details necessary to be established of said tax and any procedural details necessary to be established to supplement the provisions of said Sections and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff or the Department of Revenue of the state of Louisiana, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.
(b) The resolution imposing such tax shall be adopted by the commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of the commission at an election to be called, conducted, canvassed, and promulgated by the governing authority of the commission in accordance with the general laws of the state of Louisiana governing the authorization of general obligation bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.
(c) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails or proceeds of the tax after payment of collection costs shall be used solely by the commission for the construction, acquisition, operation, and maintenance of the roads, bridges, or road drainage facilities of the commission. The question or proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.
(2) To levy on all taxable property within the boundaries of the commission an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of the commission at an election called by the board for the purposes of constructing, acquiring, operating, and maintaining the roads, bridges, and road drainage facilities of the commission.
(3) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with existing road districts or commission.
(4) To construct any necessary improvements to facilitate drainage from immediate road surfaces.
(5) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.
(6) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.
Acts 1989, No. 785, §1; Acts 1997, No. 658, §2.
1AS IT APPEARS IN THE ENROLLED ACT.
A. Notwithstanding any provisions of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, District Three Road Commission of St. Landry Parish, hereinafter referred to as the "commission", is hereby created. The boundaries of the commission shall be coterminous with the boundaries of Police Jury District Number Three of St. Landry Parish. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District Three Road Commission of St. Landry Parish, hereinafter referred to as the "board".
B.(1) The governing authority of St. Landry Parish shall appoint seven residents as commissioners from Police Jury District Number Three of St. Landry Parish. A minimum of one resident shall be appointed from each of the towns of Arnaudville and Leonville. The governing authority of the parish shall attempt to achieve a geographical and racial balance when appointing the commissioners to the board.
(2) Of the seven initially appointed, three shall serve for a term of one year and four shall serve for a term of two years. The length of the term of each individual appointed shall be determined by lot at the first meeting of the commission.
(3) The members of the board shall serve until their successors have been appointed and qualified.
(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be two years, and upon expiration of a term of office, the successor shall be appointed as provided in Paragraph B(1) of this Section. No commissioner shall serve for more than two terms.
(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.
C.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.
(2) The minute books and archives of the board shall be maintained by the board's secretary. The monies, funds, and accounts of the commission shall be in the official custody and control of the board's treasurer.
(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within the boundaries of the commission as may be prescribed in the bylaws.
D. The commission shall be considered a political subdivision of the state of Louisiana, and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and drainage facilities in the district, and without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:
(1)(a) To levy and collect within said boundaries of the commission a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 317, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 317, inclusive, shall be followed in the imposition, collection and enforcement of said tax and any procedural details necessary to be established to supplement the provisions of said Sections and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff or the Department of Revenue of the state of Louisiana, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.
(b) The resolution imposing such tax shall be adopted by the commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of the commission at an election to be called, conducted, canvassed, and promulgated by the governing authority of the commission in accordance with the general laws of the state of Louisiana governing the authorization of general obligation bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.
(c) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails or proceeds of the tax after payment of collection costs shall be used solely by the commission for the construction, acquisition, operation, and maintenance of the roads, bridges, or drainage facilities of the commission. The question or proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.
(2) To levy on all taxable property within the boundaries of the commission an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of the commission at an election called by the board for the purposes of constructing, acquiring, operating, and maintaining the roads, bridges, and road drainage facilities of the commission.
(3) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with existing road districts, including the St. Landry Parish Road District, created in R.S. 48:601 or other public works commissions.
(4) To perform all necessary functions to facilitate drainage from road surfaces.
(5) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.
(6) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.
(7) To exercise the option to separate from the St. Landry Parish Road District, created in R.S. 48:601.
Acts 1995, No. 895, §1; Acts 1995, No. 975, §1; Acts 1997, No. 658, §2.
A. Notwithstanding any provision of law to the contrary, specifically R.S. 48:573 and R.S. 48:590, the governing authority of St. Landry Parish is hereby authorized to establish a road district, and such district shall become effective upon approval by a majority of the registered voters of St. Landry Parish voting on the proposition at an election held for that purpose in accordance with the Louisiana Election Code. The district shall be comprised of St. Landry Parish in its entirety.
B.(1) The district shall be known and designated as the St. Landry Parish Road District, hereinafter referred to as the "district". The district shall be governed by a board of seven commissioners which shall be known as the Board of Commissioners of the St. Landry Parish Road District, hereinafter referred to as the "board". The commissioners of the board shall be appointed by the governing authority of St. Landry Parish.
(2)(a) The commissioners initially appointed shall have terms of office as follows:
(i) Two commissioners for one year.
(ii) Two commissioners for two years.
(iii) Two commissioners for three years.
(iv) One commissioner for four years.
(b) The length of the term of each individual appointed shall be determined by lot at the first meeting of the board.
(c) The members shall serve until their successors have been appointed and qualified.
(d) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be three years, and upon expiration of a term of office, the successor shall be appointed by the governing authority of the parish.
(e) Any vacancy which occurs prior to the expiration of a term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment and shall be for the unexpired term.
C.(1) As soon as practical after the appointment, the board shall meet and elect from their number a chairman, a vice chairman, a secretary, a treasurer, and such other officers as it may consider appropriate.
(2) The minute books and archives of the board shall be maintained by the board's secretary. The monies, funds, and accounts of the district shall be in the official custody and control of the board's treasurer.
(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it considers necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. The board shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws.
D.(1) The district shall be considered a political subdivision of the state of Louisiana, and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and drainage facilities in the parish, and, without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48.
(2) In addition, and without limitation, the board shall have the following powers:
(a) To levy and collect within said district, a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of tangible personal property and upon the sale of services, as presently defined in R.S. 47:301 through 317. Except where inapplicable, the procedure established by R.S. 47:301 through 317 shall be followed in the imposition, collection, and enforcement of said tax, and any procedural details necessary to be established to supplement the provisions of said Sections and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the board. The board shall have the right to contract with the sheriff or the Department of Revenue of the state of Louisiana, or any other agency or political subdivision, for the collection of the tax.1 The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.
(i) The resolution imposing such tax shall be adopted by the governing authority of St. Landry Parish only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors of the parish at an election to be called, conducted, canvassed, and promulgated by the governing authority of the district in accordance with the general laws of the state of Louisiana governing the authorization of general obligation bonds of the parish, and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.
(ii) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails or proceeds of the tax after payment of collection cost shall be used by the district for construction, acquisition, operation, and maintenance of the roads, bridges, or drainage facilities of the district. The question or proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax, and its provisions shall control the allocation and expenditure thereof.
(b) To levy on all taxable property within the district an ad valorem tax not to exceed fifteen mills, provided said district has received prior approval for the levy of such millage by a vote of the qualified electors within the district at an election called by the board for the purpose of constructing, acquiring, operating, and maintaining the roads, bridges, and drainage facilities of the district.
(c) Repealed by Acts 2010, No. 546, §2, eff. June 25, 2010.
(d) To construct any necessary improvements to drainage facilities from immediate road surfaces.
(e) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, and procedures to govern the affairs and the conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.
(f) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.
E.(1) Notwithstanding any provision of law to the contrary, upon the district becoming effective, the parish road districts created pursuant to R.S. 48:600, 600.1, 600.2, 600.3 and 600.4 shall be absorbed into the district and shall be subject to the provisions of this Section.
(2) The district shall be the successor to any district absorbed pursuant to this Subsection. All unfinished business, documents, liens against property for unpaid taxes, money, movable, and immovable property, and books and records of the absorbed road districts shall be transferred to and become the responsibility and property of the district. Any legal proceeding to which the district is a party and which is filed, initiated, or pending before any court on the effective date of abolition and all documents involved in or affected by said legal proceeding shall retain their effectiveness and shall be continued in the name of the district. All obligations of the absorbed districts shall become the obligations of the St. Landry Parish Road District.
(3) Until such time as the district proposes a parish wide tax and it is approved by voters as provided in Subsection D, the district shall continue to levy the ad valorem and sales taxes authorized by the electorate of each former district, and the revenues generated in each former district must be utilized for benefit of that former district.
F. Notwithstanding any other provision of law to the contrary, upon the district becoming effective, the parish governing authority shall create drainage districts having boundaries coterminous with the boundaries of the road districts being absorbed. Such drainage districts shall have all the powers provided by law to construct, acquire, operate and maintain drainage facilities in their respective districts.
Acts 1992, No. 1001, §1; Acts 1995, No. 895, §1; Acts 1995, No. 975, §1; Acts 1997, No. 58, §2; Acts 2010, No. 546, §§1, 2, eff. June 25, 2010.
1NOTE: See La. Const. Art. VII, Sec. 3(B).
A.(1) Notwithstanding any provision of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, the registered voters of each police jury district in St. Landry Parish may propose the creation and implementation of public works districts in each police jury district in the parish. Each such public works district shall become operative when the proponents of the petition believe they have the signatures of at least twenty-five registered voters of any police jury district of St. Landry Parish and such petition is filed with the registrar of voters for the parish.
(2) If the registrar of voters determines that the required twenty-five electors have signed such petition for the creation of a public works district, he shall issue a certificate stating that twenty-five or more electors residing in the proposed district have signed the petition and shall forward such petition, within fifteen days, to the governing authority of St. Landry Parish.
(3) Within fifteen days after presentation of the petition by the registrar of voters, the governing authority of St. Landry Parish shall appoint a steering committee which shall act as a transition committee forming such public works commission.
(4) Within fifteen days after the appointment of the steering committee, the steering committee shall submit names for commissioners from a list compiled at a public meeting held in each precinct, educate the public, through meetings of the operation of the new public works district, and any other work that may be needed. The governing authority of St. Landry Parish shall then within fifteen days appoint the commissioners from the list of names that is presented from the steering committee. The newly appointed commission shall then be designated as the "District _____ Public Works Commission of St. Landry Parish".
(5) The specific designation of the public works district shall correspond to the respective police jury district.
B.(1) The boundaries of such commissions shall be coterminous with the boundaries of the respective police jury districts when the commissions are formed and shall remain as the exact same boundaries for the duration of any tax levied and its renewals.
(2) An area may be removed from a district upon the board of commissioners for such district receiving a petition signed by at least two-thirds of the registered voters of any precinct, as certified by the registrar of voters for the parish.
C. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District _____ Public Works Commission of St. Landry Parish, hereinafter referred to as the "board".
D.(1) The commissioners of each such board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each of the precincts within a particular police jury district who shall be residents of such precinct. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.
(2) Of the commissioners initially appointed, one-half shall serve for a term of one year and the remaining one-half shall serve for a term of two years. The length of the term of each commissioner appointed shall be determined by lot at the first meeting of the commission.
(3) The commissioners shall serve until their successors have been appointed and qualified.
(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be two years, and upon expiration of a term of office, the successor shall be appointed as provided in this Section. No commissioner shall serve for more than two terms.
(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired terms.
E.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice chairman, and a secretary/treasurer, and such other officers as it may deem appropriate.
(2) The minute books and archives, also the monies, funds, and accounts of the commission shall be supervised by the secretary/treasurer.
(a) The secretary/treasurer shall have signatory powers of the commission. They shall also be bonded by a surety bond for the amount of money that the commission shall handle between certified audits.
(b) The chairman, vice chairman, and secretary/treasurer shall have signatory powers. Two of the three officers shall sign each check.
(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary and advisable for conducting business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such times and places within the boundaries of the commission as may be prescribed in the bylaws.
F. Each district shall be considered a political subdivision of the state, and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and drainage facilities in the district which it is appointed for, and without limitation, shall have all the rights, powers, and authority enumerated for public works districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:
(1) The power to levy and collect within said boundaries of a district a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use of consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 318, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 318, inclusive, shall be followed in the imposition, collection, and enforcement of said tax and any procedural details necessary to be established to supplement the provisions of said Section and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff, the Department of Revenue, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.
(a) The resolution imposing such tax shall be adopted by a commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of such district at an election to be called, conducted, canvassed, and promulgated by the governing authority of such district in accordance with general laws of the state governing the authorization of general obligation bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.
(b) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails of proceeds of the tax after payment of collection costs shall be used solely by such commission for the maintenance of all areas that fall under the heading of public works. The proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.
(2) The powers described under R.S. 38:1767 and R.S. 38:1794(C) and (D).
(3) The power to levy on all taxable property within the boundaries of such district an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of such district at an election called by the board for the purposes of financing the operation of the public works.
(4) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with other road districts or commissions that have been created under this law. The board of commissioners of the consolidated commission shall be made up of one commission member appointed by each district that is part of the consolidated district. This person shall be a commissioner of the district that they will represent.
(a) All revenue that has been raised by taxes shall continue to be used within the area that the revenues have been raised in.
(b) All commissions shall contribute an equal agreed amount, not to exceed twenty percent of each district's income, to the overall operation of the consolidated commission. These funds shall be used for the operation of the consolidated offices, the employment of supervisory personnel, insurance, and other consolidated services. This consolidated office shall handle all office work and each individual district shall have one clerk that is paid by the individual district and they shall report the work performed to the consolidated office. At no time shall the failing of a tax or the removal of any districts jeopardize the operation of other districts. Individual districts shall merge with other districts when it is of benefit to the districts due to the cost of maintaining offices and supervisory personnel. Each district shall have the responsibility of deciding the scope of work that shall be done in their individual districts.
(5) To perform necessary work as outlined in the proposition authorizing the levy of the tax. Such boards shall have the ability to call for a voter referendum on any works that would normally be considered to be public works including, but not limited to roads, drainage, recreation projects, fire protection, and water management providing that such commission's powers do not infringe or conflict with the powers of other commissions or districts.
(6) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.
(7) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.
G. Such commissions shall have work guidelines that parallel the work guidelines of the parish. The parish road supervisor or the parish public works supervisor shall inspect the work and if found not to comply with standards, the commission shall be notified and corrections will be made. The supervisor will not deal with the workers, but with management.
H. Such commissioners may issue citation for violations of public works ordinances that have been enacted by the local governing body. The citations that are issued shall be settled in local justice of peace courts.
Acts 1995, No. 929, §1; Acts 1997, No. 658, §2.
Where, pursuant to R.S. 48:588, a special tax has been voted and authorized on behalf of a parish, or a road, sub-road, or consolidated road district, the governing authority of the parish, the parish of Orleans excepted, may, in order to pay for building roads and bridges in the parish or district, anticipate the revenues to be realized from the special tax for a period of not more than five years and may borrow money on behalf of the parish or district for which the special tax was voted, and issue negotiable certificates of indebtedness covering the loan. This money shall be used only for the purposes for which the special tax was voted.
The amount so borrowed for and on behalf of the parish or district shall not exceed seventy-five per cent of the estimated income to be realized from the special tax previously voted in the parish or district. The special taxes collected and the income therefrom shall be dedicated and set aside to the payment of the certificates of indebtedness as they mature.
The certificates of indebtedness shall be made due and payable annually not later than March 1st of the years following that for which the special taxes shall be dedicated and set aside. They shall bear interest at a rate of not more than six per cent per year.
The governing body of the parish shall provide by ordinance the manner and form of issuance of the certificates of indebtedness.
When issued in accordance with the provisions of this Part, the certificates are legal and valid obligations of the parish or district for and on whose behalf they were issued.
Whenever necessary, parish governing authorities may construct good roads in whole or in part of the type commonly known as model roads through the corporate limits of municipalities to form a connection through the municipalities between the ends or terminals of good roads already constructed by the parish governing authorities to the limits of the municipalities.
Where sufficient funds cannot be provided out of either the general or road funds of the parish, the parish governing authority may either issue bonds or certificates of indebtedness under existing laws for the purpose of constructing the roads.
The governing authority of a parish may, for the purpose of connecting or completing permanent, or continuous highways, appropriate out of its general fund sufficient monies to defray not more than one-half of the total cost of constructing permanent, hard-surfaced paving in the municipalities of the parish. Such appropriations shall not exceed one hundred thousand dollars in any one year. The provisions of this Part shall not prejudice the right of any municipality to demand the return of any taxes for road purposes to which it may be entitled by law.
The parish governing authorities and municipal corporations of the state, except the parish of Orleans, may revoke and set aside the dedication of all roads, streets, and alleyways laid out and dedicated to public use within the respective limits, when the roads, streets, and alleyways have been abandoned or are no longer needed for public purposes.
Upon such revocation, all of the soil covered by and embraced in the roads, streets, or alleyways up to the center line thereof, shall revert to the then present owner or owners of the land contiguous thereto.
Nothing in this Section shall be construed as repealing any of the provisions of special statutes or charters of incorporated municipalities granting the right to close or alter roads or streets.
Repealed by Acts 1995, No. 140, §2, eff. June 12, 1995.
A. Notwithstanding any provision of law to the contrary, the governing authority of Webster Parish or of its municipalities may revoke and set aside the dedication of any road, street, or alleyway laid out and dedicated to public use within the respective limits, when the road, street, or alleyway has been abandoned or is no longer needed for public purposes.
B. Upon such revocation, the property subject to the dedication shall revert to the original property owner who was the owner of record of the property when the property subject to the dedication was first dedicated to public use, or his successors or assigns.
C. Nothing in this Section shall be construed as repealing any of the provisions of special statutes or charters of incorporated municipalities granting the right to close or alter roads or streets.
D. This Section shall not apply to a revocation and setting aside of a dedication of any road, street, or alleyway by the governing authority of Webster Parish or of its municipalities on and after July 1, 1999. Thereafter, the provisions of R.S. 48:701 shall be applicable in Webster Parish to any revocation of dedication of land by the governing authority of the parish of Webster or any of its municipalities and to any reversion of property.
Acts 1995, No. 140, §1, eff. June 12, 1995; Acts 1999, No. 1125, §1, eff. July 1, 1999.
Whenever the governing authorities of any parish or municipal corporation of this state desire to construct a road, street or alley leading to any property of the state or any of its subdivisions, boards, commissions, or political corporations, and it appears that the construction will make it unnecessary to the public welfare to continue any then existing road, street or alley or any part thereof to permit access to or from the public property or to or from any property served by the old road, the parish or municipal corporation governing authority may, by proper ordinance, revoke and set aside the dedication of the road, street or alley, or any part thereof, and exchange it with property owners, so that new roads, streets or alleys or parts thereof, leading to or from any property of the state or any of its subdivisions, boards, commissions or political corporations may be laid out and dedicated to the public use. The property so exchanged shall become private property.
Amended by Acts 1966, No. 485, §1.
Any person, other than the person to whom the abandoned property is exchanged, having or claiming to have any right, title, or interest in or to any property abandoned and exchanged by a parish governing authority pursuant to the provisions of R.S. 48:702 shall file suit to establish the right claimed within six months after the date of publication of the public notice of abandonment or lose by prescription all such right, title, and interest in or to the property. This prescription runs against all persons, including minors and interdicts.
All contracts of exchange made under the provisions of R.S. 48:702 shall be in notarial form. They shall be followed by an ordinance or dedication of the new road, street, or alley, with reference to plans made by the parish engineer or a similar official duly authorized by the governing authority of the parish. These plans shall be recorded in the office of the clerk of court and recorder of the parish where the exchange is made.
Upon a determination by the governing authority of the parishes of East Baton Rouge, Jefferson, or St. Tammany, the cities of Baton Rouge, New Orleans, or Slidell, or the municipalities in the parish of Jefferson, to the effect that any immovable property owned by the parish or municipality or title to which is in the public, including but without limitation, streets, roads, and alleys, is no longer needed for public use, it may be disposed of in the manner provided in this Part.
Acts 1987, No. 194, §1; Acts 1988, No. 258, §1; Acts 2009, No. 38, §1; Acts 2011, 1st Ex. Sess., No. 39, §1.
The said property may be disposed of by one of the following four methods: (1) revocation of the dedication of the property if it consists of a street, road or alley dedicated to public use; (2) sale of any type of property at public auction; (3) sale of any type of property at private sale; or (4) exchange of any type of property for other property of approximately equal value.
Acts 1968, No. 432, §3. Amended by Acts 1970, No. 648, §1; Acts 1972, No. 417, §1.
The governing authority of the parish or municipality shall adopt an ordinance after advertising a summary of said ordinance in the official journal of the parish or municipality at least once three weeks in advance, but not more than ninety days in advance, declaring that the property is no longer needed for public purposes and authorizing its disposition by one of the four methods prescribed in R.S. 48:712.
Acts 1968, No. 432, §2; Amended by Acts 1970, No. 648, §1; Acts 1972, No. 417, §1; Acts 1986, No. 287, §1, eff. June 30, 1986; Acts 1988, No. 258, §1.
Where servitudes, streets, roads or alleys are involved, if the dedication of the same is revoked, upon the effective date of the revocation all of the soil covered by and embraced in such servitudes, street, road or alley up to the center line thereof shall revert to the present owner or owners of the land contiguous thereto.
Acts 1968, No. 432, §4. Amended by Acts 1970, No. 648, §1; Acts 1972, No. 417, §1.
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If the governing authority decides to dispose of any of said property by sale at public auction, a minimum price shall be established by the governing authority and it may fix the conditions of the sale, which conditions may include the right to reject any or all bids and permission to pay for the property on either a cash or credit basis.
Acts 1968, No. 432, §5. Amended by Acts 1970, No. 648, §1; Acts 1972, No. 417, §1.
If the governing authority decides to dispose of any of said property at private sale, it shall have the property appraised by an expert appraiser or appraisers appointed by the authority and the property shall not be sold for less than the value so established.
Added by Acts 1970, No. 648, §2. Amended by Acts 1972, No. 417, §1.
If the governing authority decides to dispose of the property by exchange, it may be exchanged for other property of approximately equal value, provided that the governing authority may pay or receive any difference in value in cash.
Acts 1968, No. 432, §6. Amended by Acts 1970, No. 648, §1; Acts 1972, No. 417, §1.
This Part shall be construed as affording an alternative procedure to that set forth in R.S. 33:4711, 4712, 4717, 4718, and 4719, and shall supersede the provisions of R.S. 48:701 through 704 insofar as the parishes and municipalities specified in R.S. 48:711 are concerned.
Acts 1987, No. 194, §1; Acts 1988, No. 258, §1; Acts 1997, No. 100, §1; Acts 2011, 1st Ex. Sess., No. 39, §1.
A. The governing authority of St. Tammany Parish shall not dispose of any immovable property pursuant to this Part unless such property has been held by the governing authority for at least ten years.
B. The disposition of any immovable property by the governing authority of St. Tammany Parish pursuant to this Part shall not have the effect of denying access to such property to any person.
Acts 1987, No. 194, §1; Acts 1988, No. 258, §1; Acts 2024, No. 249, §1.
A. Notwithstanding any law to the contrary, upon a determination by the governing authority of the city of Mandeville to the effect that any immovable property owned by the city or title to which is in the public, including but without limitation, streets, roads, and alleys, is no longer needed for public use, the same may be disposed of as provided for in this Part. However, the city shall not dispose of any immovable property pursuant to this Part unless such property has been held by the governing authority for at least ten years.
B.(1) Said property shall be disposed of by one of the following four methods:
(a) Revocation of the dedication of the property if it consists of a street, road, or alley dedicated to public use.
(b) Sale of any type of property at public auction.
(c) Sale of any type of property at private sale.
(d) Exchange of any type of property for other property of approximately equal value.
(2) The governing authority of Mandeville shall adopt an ordinance after advertising a summary of said ordinance in the official journal of the city at least three weeks in advance, but no more than ninety days in advance, declaring that the property is no longer needed for public purposes and authorizing its disposition by one of the four methods prescribed in this Subsection.
C. Where servitudes, streets, roads, or alleys are involved, if the dedication of the same is revoked, upon the effective date of the revocation all of the soil covered by and embraced in such servitudes, street, road, or alley up to the center line thereof shall revert to the present owner or owners of the land contiguous thereto.
D.(1) If the governing authority decides to dispose of any of said property by sale at public auction, a minimum price shall be established by the governing authority and it may fix the conditions of the sale, which conditions may include the right to reject any or all bids and permission to pay for the property on either a cash or credit basis.
(2) If the governing authority decides to dispose of any of said property at private sale, it shall have the property appraised by an expert appraiser or appraisers appointed by the authority and the property shall not be sold for less than the value so established.
(3) If the governing authority decides to dispose of the property by exchange, it may be exchanged for other property of approximately equal value, provided that the governing authority may pay or receive any difference in value in cash.
E. This Part shall be construed as affording an alternative procedure to that set forth in R.S. 33:4712, 4717, 4718, and 4719, and shall supersede the provisions of R.S. 48:701 through 704.
F. The disposition of any immovable property by the governing authority pursuant to this Part shall not have the effect of denying access to such property to any person.
Acts 1989, No. 635, §1.
A. Notwithstanding any law to the contrary, if the governing authority of the city of Covington determines that any servitude, street, road, or alleyway which is owned by the city or title to which is in the public is no longer needed for public use, it may dispose of such property as provided for in this Part. However, the city shall not dispose of any property pursuant to this Part unless such property or title thereto has been held by the governing authority for at least ten years.
B. Disposition of property pursuant to this Part shall be by one of the following methods:
(1) Revocation of the dedication of property which is dedicated to public use.
(2) Sale of the property at public auction.
(3) Sale of the property at private sale.
(4) Exchange of the property for other property of approximately equal value.
C. The governing authority shall adopt an ordinance declaring that the property is no longer needed for public purposes and authorizing its disposition by one of the methods prescribed in this Part. The governing authority shall publish a summary of said ordinance in the official journal of the city at least three weeks but no more than ninety days in advance of the adoption of the ordinance.
D. Disposition of property pursuant to this Part shall also be in accordance with the following procedures:
(1) If disposition is by revocation of the dedication of the property, upon the effective date of the revocation all of the soil covered by and embraced in such servitude, street, road, or alleyway up to the centerline thereof shall revert to the present owner or owners of the land contiguous thereto.
(2) If disposition is by sale at public auction, the governing authority shall establish a minimum price for the property. The governing authority may:
(a) Fix the conditions of the sale.
(b) Retain the right to reject any or all bids.
(c) Authorize the purchaser to pay for the property on either a cash or credit basis.
(3) If disposition is by sale at private sale, the governing authority shall appoint an expert appraiser or appraisers who shall appraise the property. The property shall not be sold for less than the appraised value or, if more than one appraisal is performed, the lowest appraised value.
(4)(a) If disposition is by exchange, the governing authority shall appoint an expert appraiser who shall appraise the property. The property may be exchanged for other property of approximately equal value, as such value is determined by the appraiser, provided that the governing authority shall pay or receive any difference in value in cash.
(b) Any person, other than the person with whom property is exchanged pursuant to this Paragraph, having or claiming to have any right, title, or interest in or to property received by the municipal governing authority in such exchange shall file suit to establish the right claimed within six months after the date of publication of the notice required by Subsection C of this Section or lose by prescription all such right, title, and interest in or to the property. This prescription runs against all persons, including minors and interdicts.
E. With respect only to the city of Covington, this Part shall be construed as affording alternative procedures to those set forth in R.S. 33:4712, 4712.6, and 4717 and shall supersede the provisions of R.S. 48:701 and 702.
Acts 1997, No. 135, §1, eff. June 13, 1997.
A. Notwithstanding any law to the contrary, upon a determination by the governing authority of the town of Abita Springs that any street or right-of-way owned by the city or title to which is in the public is no longer needed for public use, the same may be disposed of as provided for in this Part. However, the city shall not dispose of any streets or rights-of-way pursuant to this Part unless such property has been held by the governing authority for at least ten years.
B.(1) The property shall be disposed of by one of the following methods:
(a) Revocation of the dedication of the property if it consists of a street or right-of-way dedicated to public use.
(b) Sale of the property at public auction.
(c) Sale of the property at private sale.
(d) Exchange of the property for other property of approximately equal value.
(2) The governing authority of Abita Springs shall adopt an ordinance after advertising the ordinance in the official journal of the town at least three weeks in advance, but no more than ninety days in advance, declaring that the property is no longer needed for public purposes and authorizing its disposition by one of the four methods prescribed in this Subsection.
C. Where streets or rights-of-way are involved, if the dedication of the same is revoked, upon the effective date of the revocation all of the soil covered by and embraced in such streets or rights-of-way up to the center line thereof shall revert to the present owner or owners of the land contiguous thereto.
D.(1) If the governing authority decides to dispose of the property by sale at public auction, a minimum price shall be established by the governing authority and it may fix the conditions of the sale, which conditions may include the right to reject any or all bids and permission to pay for the property on either a cash or credit basis.
(2) If the governing authority decides to dispose of the property at private sale, it shall have the property appraised by an expert appraiser or appraisers appointed by the authority and the property shall not be sold for less than the value so established.
(3) If the governing authority decides to dispose of the property by exchange, it may be exchanged for other property of approximately equal value, provided that the governing authority may pay or receive any difference in value in cash.
E. This Part shall be construed as affording an alternative procedure to that set forth in R.S. 33:4712, 4717, 4718, and 4719, and shall supersede the provisions of R.S. 48:701 through 704.
F. The disposition of such property by the governing authority pursuant to this Part shall not have the effect of denying access to such property to any person.
Acts 2001, No. 743, §1.
§§731 to 733 Repealed by Acts 1977, No. 187, §1
There is hereby established in the state treasury a special fund to be designated the "Parish Transportation Fund" to consist of the funds and to be used for the purposes hereinafter provided in this Part.
Acts 1990, No. 221, §1.
The state treasurer shall credit to the Parish Transportation Fund created by R.S. 48:751 et seq. the following:
(1) All monies made available to the parishes for road purposes from funds annually appropriated by the legislature in accordance with the provisions of the Transportation Trust Fund as provided in Article VII, Section 27 of the Constitution of Louisiana.
(2) Any other funds made available for use for parish transportation in accordance with legislative appropriation.
(3) Compensation made available by the Department of Transportation and Development directly to a parish or municipal governing authority for acceptance of ownership of any road on the state highway system. This compensation shall be in excess of any funding distributed pursuant to R.S. 48:756.
Acts 1990, No. 221, §1; Acts 2021, No. 325, §1, eff. June 14, 2021.
A. The monies in the Parish Transportation Fund shall be used:
(1) To regulate the proportion and direction and the making and repairing of the roads, bridges, causeways, dykes, dams, levees, and highways when, in the opinion of the parish governing authority, such work will further the best interest of the parish and the parish road system.
(2) To maintain private driveways in connection with a general road improvement program within the right of way of a public road or highway owned by the parish when such maintenance serves a public purpose.
(3) To purchase equipment for road work at the discretion of the parish governing authority.
(4) To assist in the cost of providing public transit.
(5) In addition, a parish governing authority, upon request of the governing authority of any incorporated municipality within the parish, may perform all or any part of the repair, maintenance, and care of roads, streets, alleys, bridges, and culverts and other drainage facilities, situated within and under the jurisdiction of such incorporated municipality.
(6) In addition, provided that the project cost does not exceed the contract limit as defined by R.S. 38:2212, and provided that the parish governing authority indemnifies the state for any loss or injury arising therefrom, a parish governing authority may perform maintenance work on state highway rights of way as follows:
(a) Install culverts in drainage ditches after acquisition of and in compliance with any permit as required by the department.
(b) Clean out ditches and work on shoulders of state highways. The local governing authority shall notify the Department of Transportation and Development not less than five days prior to the commencement of such work.
(c) Patch potholes on aprons connecting parish and state highways. The local governing authority shall notify the Department of Transportation and Development not less than five days prior to the commencement of such work.
B. Of the funds herein provided which are used for road and bridge purposes, eighty percent shall be used for maintenance, construction contracts, or maintenance or construction materials.
C. Of the funds herein provided which are used for transit purposes, such funds may be used for transit operating expenses as defined in R.S. 48:756(C), or for the acquisition of rolling stock.
D. The amount distributed to a parish under this Part shall not be decreased when that parish moves to a classification composed of a higher population. In such case the total amount distributed for that parish shall continue at the same level as distributed to the parish for the last fiscal year in the preceding classification. This level of funding shall continue until the population reaches the necessary level to compensate the parish at the same or greater level attained from the rate in the preceding classification.
E. The construction, maintenance, and operation of the parish roads and of all appurtenances thereof shall be under the administration of each parish governing authority.
F. For purposes of this Part, "public road" means any road, or portion thereof, dedicated as a public road and/or accepted for maintenance by a parish or municipal governing authority, or constructed or maintained for an uninterrupted period of three years, by a parish or municipal governing authority, provided such road, or portion thereof, serves a public purpose that is in the best interest of the parish or municipality and their respective road systems. The provisions of this Subsection shall not negate the right of any public utility which, as of July 1, 1993, occupies such road right of way with its facilities to continue to occupy such road right of way, nor shall such provisions prevent said public utilities from adding to, deleting from, or maintaining or repairing its facilities on such road right of way. Subject to the provisions of Article VII, Section 14 of the Constitution of Louisiana, each parish and municipal governing authority shall make the determination of whether a road, or portion thereof, within their respective road systems, meets the definition of a public road for the purpose of the parish transportation system. The provisions of this Subsection shall not invalidate any public road which has been constructed by or maintained by a parish or municipal governing authority prior to August 15, 1993.
G.(1) Notwithstanding any provision of law to the contrary, and particularly any contrary provision of this Section, the governing authority of Calcasieu Parish may use a portion of the monies it has been allocated from the Parish Transportation Fund to perform additional work as follows:
(a) To fund or perform landscaping and maintenance improvements along interstate highway rights-of-way within Calcasieu Parish.
(b) To fund or construct capacity improvements to state highways within Calcasieu Parish in accordance with Louisiana Department of Transportation and Development standards.
(2) The additional work shall be performed, provided that the project cost does not exceed the contract limit as defined by R.S. 38:2212, and provided that the Calcasieu Parish governing authority indemnifies the state for any loss or injury arising therefrom.
Acts 1990, No. 221, §1; Acts 1991, No. 841, §1; Acts 1992, No. 204, §1; Acts 1993, No. 870, §1; Acts 2015, No. 160, §1.
A. The governing authority of any parish, with the approval of a majority of the electors of the parish voting in an election called for that purpose and approval of the State Bond Commission, is hereby authorized to fund into bonds of said parish a portion of its allocation from the Parish Transportation Fund which are credited or distributed to it pursuant to the provisions of this Part. The maximum portion that shall be funded into bonds shall not exceed seventy-five percent of the amount the parish would receive if only twenty-four million dollars was appropriated to the Parish Transportation Fund for that year. The bonds may be issued for any purpose authorized by R.S. 48:753 for use of the fund, may be general or limited obligations of the parish issuing them, and shall run for a period not to exceed ten years from the date of issuance of the bonds. Said bonds shall be issued pursuant to a resolution adopted by the parish governing authority and shall have such maturities and bear such interest as may be determined and fixed by the parish governing authority. They shall be payable in principal and interest at such place or places and at such time or times as the governing authority prescribes. The bonds shall be callable on such terms and in such manner as the governing authority fixes and shall be issued in the denomination of one thousand dollars or an integral multiple thereof, as determined by the governing authority. They may be registered or payable to bearer, in the discretion of the governing authority. The bonds shall be sold to the highest bidder at public sale after advertisement by the governing authority one time at least seven days prior to the date fixed for the reception of bids in a newspaper published in the parish and in a newspaper of general circulation or other periodical containing a section devoted to municipal bond matters published in New Orleans, Chicago, or New York, reserving to the governing authority the right to reject any and all bids.
B. All bonds issued under authority of this Part shall be signed by the president and by the secretary of the parish governing authority issuing them, one of whose signature may be a facsimile, under the seal of the parish, and any interest coupons attached to said bonds shall be signed by the facsimile signatures of these officers. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be on the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered.
C. The parish governing authority may authorize the issuance of refunding bonds of the parish for the purpose of refunding outstanding bonds issued pursuant to this Part. Such refunding bonds may either be sold and the proceeds applied to or deposited in escrow for the retirement of the outstanding bonds or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized, and the parish governing authority, in authorizing the refunding bonds, shall provide for the security of the bonds, the sources from which the bonds are to be paid, and for the rights of the holders thereof in all respects as herein provided for other bonds issued under authority of this Part.
D. Any resolution authorizing the issuance of bonds under this Part shall be published one time in the official journal of the parish, as required by Subsection A of this Section, with the resultant effect of incontestability as provided in Paragraph (B) of Section 35 of Article VI of the Constitution of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of negotiable paper under the laws of the state of Louisiana and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof. Said bonds and the income thereof shall be exempt from all taxation in the state of Louisiana. No proceedings in respect to the issuance of any such bonds shall be necessary, except such as are contemplated by this Part.
E. The provisions of this Section and authority given to governing authorities by this Section shall not apply to the parishes of Calcasieu, Cameron, Jefferson, and Jefferson Davis.
Acts 1990, No. 864, §1, eff. July 25, 1990.
A. Unless otherwise provided by law, parishes shall adopt a system of road administration which shall require approval of the governing authority for any expenditures made out of this fund, and no member of the governing authority shall expend any funds in his ward or district without the approval of the parish governing authority. Each parish shall adopt a parishwide system of administration inclusive of parish roads within municipalities which shall include the development of a capital improvement program on a selective basis, centralized purchasing of equipment and supplies, centralized accounting, and selective maintenance and construction. All construction shall be based upon engineering plans and inspection.
B.(1) The parishwide capital improvement program shall list all projects to be constructed during the fiscal year. Each parish shall undertake a continuing study of the needs of the various parish roads for the purpose of bringing existing roads up to current standards or for replacement of existing roads where required and shall keep the information so developed up to date through a continuing annual needs study. Each parish shall develop a parishwide program of construction inclusive of parish roads within municipalities to be commenced the ensuing fiscal year which shall be based upon the anticipated revenues to be appropriated by the legislature and listed in a prioritized ranking based on parishwide needs inclusive of parish roads within municipalities and shall include overlay projects. The program shall also list the projects which may reasonably be anticipated to be constructed in the following two years. All projects listed for the total three-year program shall be approved by the parish governing authority. The capital improvement program shall be adopted by the parish governing authority prior to the beginning of the first year of the three-year plan. The program shall be adopted annually regardless of whether the parish governing authority anticipates capital improvements in the first year of the plan.
(2) The funds appropriated to each parish shall be used for the benefit of the parish as a whole and within the priority ranking for the parish. The most critical needs existing parishwide according to the priority ranking shall be met first. Funds shall not be expended in the parish until the parish has complied with the provisions of this Part.
C. The parishwide selective maintenance program inclusive of parish roads within municipalities shall provide for a schedule of the work to be performed by category, on a weekly basis. The program shall be prepared and administered by the parish road manager. The parish road manager may authorize maintenance work not contained in the weekly schedule upon receipt of constructive notice of a defect in the parish road system and when, in the opinion of the parish road manager, the defect constitutes a hazard to public safety. The parish road manager shall maintain a record of the work so authorized and shall report the total amount of such expenditures on a monthly basis to the parish governing authority.
Acts 1990, No. 221, §1; Acts 1992, No. 889, §1; Acts 1993, No. 102, §1.
A.(1) The monies in the Parish Transportation Fund shall be distributed to the several parish governing authorities on a per capita basis in population categories, based on the population as determined by the latest federal decennial census or by the Louisiana State University and Agricultural and Mechanical College Agriculture Center, Department of Agricultural Economics and Agribusiness, under the most recent federal-state cooperative program for local population estimates, whichever is more recent, as follows:
Parish Per Capita
Class Population Distribution
1 1 to 16,000 $13.32
2 16,001 to 45,000 10.82
3 45,001 to 100,000 8.32
4 100,001 to 200,000 7.32
5 200,001 to 400,000 5.57
6 400,001 and over 4.65
(2) Notwithstanding any other provision of this Part or any other law to the contrary, except the provisions contained in R.S. 48:761, no parish shall receive less than it received in the Fiscal Year 1972-1973. The funds provided hereunder shall be distributed to the parishes by the state treasurer in the amount of one-twelfth of their total entitlement in each calendar month of the fiscal year, unless the Legislative Audit Advisory Council notifies the state treasurer, by written resolution, to suspend the distribution of funds to any parish found to be in noncompliance with the statutory provisions comprising the Parish Transportation Fund.
(3) If funds are available for and appropriated to the Parish Transportation Fund in excess of the amount appropriated in Fiscal Year 1994-1995, such additional funds shall be distributed to the parishes on a per mile basis with the total miles of parish roads as determined by the Department of Transportation and Development for the year 1990. Each parish shall receive an amount based on that parish's total miles of road in proportion to total parish roads in the state. Parishes with a population of four hundred seventy-five thousand or greater shall participate in any distribution made under the provisions of this Paragraph based on the number of miles of roads and streets under their jurisdiction along with all other parishes. Funds received under the provisions of this Paragraph shall be distributed within each parish on the same basis, i.e., through a formula based on the number of miles of parish roads located in each district in the parish.
(4) Repealed by Acts 2011, No. 143, §2.
B.(1)(a) Any funds specifically appropriated for transportation purposes other than those provided for in Subsection A of this Section shall be credited to the Parish Transportation Fund, after appropriating two and one-half percent of the amount allocated pursuant to this Section to the public transportation section of the Department of Transportation and Development for the sole purpose of capital acquisition for the transit providers operating under 49 U.S.C. 5310 and 5311, and after providing a base amount of seventy-five thousand dollars each for mass transit purposes as defined in the Transportation Equity Act for the 21st Century (TEA 21), or its successor, as amended, to the parish or municipal governing authority of Alexandria, East Baton Rouge, Jefferson, Kenner, Lafayette, Lake Charles, Monroe, Orleans, Shreveport, St. Bernard, St. Charles, St. Tammany, Tangipahoa, and Terrebonne.
(b) In the event the appropriation in a fiscal year for mass transit purposes is at least eight million dollars but not more than ten million dollars, the base amount shall be one hundred thousand dollars. If such appropriation exceeds ten million dollars, the base amount shall be one hundred twenty-five thousand dollars.
(2) The balance credited to the fund after the appropriations and other provisions required by Paragraph (1) of this Subsection shall be distributed as follows:
(a) Provided that Subparagraphs (b) and (c) of this Paragraph are applicable to them, one dollar per capita for each urbanized area as determined by the most current federal census for the parishes of Caddo, Calcasieu, East Baton Rouge, Jefferson, Lafayette, Orleans, Ouachita, Rapides, St. Bernard, St. Charles, St. Tammany, Tangipahoa, and Terrebonne.
(b) Plus an amount per passenger determined as follows:
Passengers per year Amount
0-1,000,000$0.50 per passenger
1,000,001-1,250,000$500,000
1,250,001-5,000,000$0.40 per passenger
5,000,001-6,666,666$2,000,000
6,666,667-10,000,000$0.30 per passenger
10,000,001-12,000,000$3,000,000
12,000,001-25,000,000$0.25 per passenger
25,000,001-34,722,223$6,250,000
over 34,722,223$0.10 per passenger
(c) Multiplied by the ratio of the operating income to the operating expense of the transit system.
(d) Repealed by Acts 2001, No. 780, §2, eff. July 1, 2001.
C. For purposes of Subsection B of this Section, the following terms shall have the following meanings:
(1) "Number of passengers" shall mean the annual total of the unlinked passenger trips, defined as the number of passengers who board public transportation vehicles, for each mode of service reported on that National Transit Database pursuant to 49 U.S.C. 5335.
(2) "Operating expenses" shall mean the total modal expenses for each mode of service reported on the National Transit Database pursuant to 49 U.S.C. 5335.
(3) "Operating revenue or income" shall mean any operating revenue or income, exclusive of federal and state funds, reported on the National Transit Database pursuant to 49 U.S.C. 5335, including total directly generated funds and total local funds.
D. Notwithstanding any other provision of this Part or any other law to the contrary, the distribution of funds provided for in Subsection B of this Section shall be credited to the parish governing authorities and municipal governing authorities herein enumerated as follows:
(1) Of the funds appropriated to the governing authority of Jefferson Parish, under the provisions of Subsection B of this Section, thirteen percent shall be distributed to the municipal governing authority of Kenner.
(2) All of the funds appropriated to the governing authority of Lafayette Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Lafayette.
(3) All of the funds appropriated to the governing authority of Calcasieu Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Lake Charles.
(4) All of the funds appropriated to the governing authority of Ouachita Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Monroe.
(5) All of the funds appropriated to the governing authority of Caddo Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Shreveport.
(6) All of the funds appropriated to the governing authority of Rapides Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Alexandria.
E. Funds appropriated to the municipal governing authorities enumerated in Subsection D shall be used for purposes consistent with this Part.
F. Funds allocated for maintenance, repair, and construction of railroad crossings and off-system bridges or funds allocated as a match for federal funds to be used to maintain, repair, and construct railroad crossings and off-system bridges shall be allocated to the Department of Transportation and Development for administration and expenditure based on the number and cost of crossings or bridges in need of construction, repair, or maintenance throughout the state. The funds expended under the provisions of this Subsection shall be used exclusively in conjunction with federal match dollars and shall be used exclusively for the maintenance, repair, and construction of railroad crossings and off-system bridges.
G. Transit systems with nine or fewer bus waivers shall be exempt from the National Transit Database reporting requirements. These transit systems shall report data on the number of passengers, operating expenses, and operating revenue or income in accordance with the requirements of the current National Transit Database Reporting Manual. The data shall be reported by these transit systems to the Department of Transportation and Development.
Acts 1990, No. 221, §1; Acts 1995, No. 199, §1, eff. July 1, 1995; Acts 1995, No. 1167, §1, eff. July 1, 1995; Acts 1997, No. 1365, §1, eff. July 1, 1997; Acts 2001, No. 780, §§1 and 2, eff. July 1, 2001; Acts 2006, No. 640, §3, eff. June 27, 2006; Acts 2007, No. 478, §1; Acts 2009, No. 212, §1, eff. July 1, 2009; Acts 2011, No. 143, §§1, 2; Acts 2012, No. 555, §2, eff. July 1, 2012; Acts 2021, No. 141, §1.
A.(1) The Department of Transportation and Development shall perform no work on the parish road system or on any other roads or streets which are not in the state highway system, whether such work is construction or maintenance and whether the work is done at the expense of the state or at the expense of the governing authority of the parishes, except in the following circumstances:
(a) The department shall construct, maintain, and improve roads, whether hard surfaced or otherwise, within state parks and state historic sites as defined in R.S. 56:1684, and connect such sites with existing highways.
(b) The department is authorized to perform work on any off-system bridge which is included as a TIMED project within the provisions of R.S. 47:820.2(B)(1)(b).
(c) The department is authorized to perform work on intersectional improvements on parish roads or municipal streets and to perform work on parish roads or municipal streets for purposes of operational or safety reasons when the parish road or municipal street intersects with a state highway which is programmed for improvement or construction; however, the distance of such off-system work shall conform to AASHTO design standards as adopted pursuant to R.S. 48:35.
(d) The department may construct, maintain, and improve roads, whether hard-surfaced or otherwise, within wildlife management areas owned by the Department of Wildlife and Fisheries and proclaimed as a wildlife management area by the governor, refuges, and other lands owned by the Department of Wildlife and Fisheries. Such work shall be at the direction of, and in cooperation with, the Department of Wildlife and Fisheries or the Wildlife and Fisheries Commission and shall be funded from monies specifically designated for that purpose.
(2) Any construction project undertaken by the department as provided in this Subsection shall be in accordance with the provisions of Subpart A of Part XIII of Chapter 1 of this Title.
B. In an emergency as found and declared by the governor, the governor may expend state funds on parish roads. However, the department may stripe parish roads upon the request of any parish, with the parish bearing the cost of said striping, when in the opinion of the secretary or his designee surplus manpower and equipment are available and the purchase of new equipment is not required.
C. In addition, in instances in which the federal government has established programs pertaining to off-system construction, maintenance, or improvement, the department may participate in said projects and provide necessary matching funds including but not limited to monies in the Transportation Trust Fund. Funding for programs under the provisions of this Subsection shall be subject to the availability and appropriation of funds in excess of the total funds appropriated for the Parish Transportation Fund in Fiscal Year 1994-1995.
Acts 1990, No. 221, §1; Acts 1995, No. 428, §1, eff. June 17, 1995; Acts 1998, 1st Ex. Sess., No. 157, §1, eff. July 1, 1998; Acts 1999, No. 681, §1, eff. July 1, 1999; Acts 1999, No. 709, §2; Acts 2010, No. 291, §1.
A. The monies distributed to the parish governing authorities from the Parish Transportation Fund shall be audited by the legislative auditor at least biennially. The scope of the audit shall include certification of legal compliance with the statutory requirements set forth in Part VII of Chapter 2 of Title 48 of the Louisiana Revised Statutes of 1950, including but not limited to the requirements comprising the system of road administration adopted under the provisions of R.S. 48:755 as well as any failures to observe the parish roads standards established by the department.
B. In lieu of audits of parish governing authorities receiving monies from the Parish Transportation Fund by the legislative auditor, the legislative auditor may, at his discretion, accept the audit prepared by a certified public accountant under the authority and terms set forth in R.S. 24:513.
C. The parish governing authority shall certify annually to the legislative auditor, or, where applicable, the certified public accountant, that the funds made available under this Part have been expended in accordance with the standards established by law. In the event the parish governing authority does not expend the funds distributed to it from the Parish Transportation Fund during a given year, it shall certify annually to the legislative auditor, or, where applicable, the certified public accountant that it is in compliance with the statutory provisions of Part VII of Chapter 2 of Title 48 of the Louisiana Revised Statutes of 1950, including but not limited to the requirements comprising the system of road administration adopted under the provisions of R.S. 48:755.
Acts 1990, No. 221, §1; Acts 2006, No. 11, §5.
In any case in which an audit by the legislative auditor or, where applicable, the certified public accountant, of a parish governing authority which receives monies from the Parish Transportation Fund cites either improper expenditures or noncompliance with the statutory requirements comprising this Part, the legislative auditor shall promptly report the improper expenditures or the noncompliance with statutory requirements to the Legislative Audit Advisory Council, or its successor. The council shall make such further investigation of the matter as it deems necessary.
Acts 1990, No. 221, §1.
Repealed by Acts 1993, No. 859, §1.
A. If, on the basis of the report of the legislative auditor, or from its own investigation, the Legislative Audit Advisory Council, or its successor, determines that there has been a misuse by a parish governing authority of funds from the Parish Transportation Fund or that the parish governing authority is in noncompliance with the statutory requirements comprising this Part, it shall then determine whether a partial or total withholding of the parish's appropriation for any remaining months in the current fiscal year shall be necessary.
B.(1) If the council determines that it is necessary to withhold all or any part of the parish's appropriation, the council shall notify each member of the legislature who represents any portion of the parish of its determination. Unless within thirty days after the members of the legislature are so notified the council determines that the misuse of funds or noncompliance with the statutory requirements of this Part has ceased, the council shall, by written resolution, instruct the state treasurer to suspend monthly distributions to the parish of funds from the Parish Transportation Fund, effective immediately.
(2) The suspension of funds shall remain in effect until the Legislative Audit Advisory Council verifies, in writing, to the state treasurer that the offending parish is in compliance with Act No. 336 of the 1974 Regular Session of the Louisiana Legislature, as amended. Such written verification shall be given when the legislative auditor certifies to the Legislative Audit Advisory Council that, to the best of his knowledge, the parish is in compliance with said Acts, or, in the absence of said certification, when the Legislative Audit Advisory Council determines that the parish is in compliance with said Acts.
(3) Upon receipt of the Legislative Audit Advisory Council's written resolution, the state treasurer shall reinstate the monthly distribution of funds and distribute all funds previously withheld to the affected parish governing authority.
(4) The Legislative Audit Advisory Council, or its successor, shall report any action it has taken with regard to the suspension of funds to the next regular session of the legislature, along with any recommendations it may have for forfeiture of suspended funds for those parishes which are still in noncompliance with said Acts.
(5) Forfeiture of funds can be authorized only by the legislature.
C.(1) In any case where there has been a determination made by the Legislative Audit Advisory Council that there has been a misuse by a parish governing authority of funds from the Parish Transportation Fund or that the parish governing authority is in noncompliance with the statutory requirements comprising this Part, the council shall furnish a copy of the written resolution directing the state treasurer to withhold funds to the district attorney of the parish where the misuse or noncompliance occurred.
(2) 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 or noncompliance with statutory requirements cited in the resolution. Where future action is to be taken by the district attorney, the council shall set a date for receipt of further advice in the matter.
(3) Where such advice as hereinbefore described 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.
Acts 1990, No. 221, §1.
Any person who knowingly uses or causes the use of parish transportation funds for purposes not authorized by this Part shall be subject to prosecution under the provisions of R.S. 14:134 et seq. In addition to this criminal penalty, the parish governing authority shall have a right of action against the person to recover in a civil action the amount of the funds which were so misused.
Acts 1990, No. 221, §1.
A. The Capitol Area Road and Bridge District is hereby created as a political subdivision of the state of Louisiana for the purpose of raising revenue to finance road and bridge projects to alleviate traffic congestion in the district. The district shall be comprised of all territories within the geographical boundaries of the parishes of East Baton Rouge, Ascension, Livingston, Iberville, and West Baton Rouge.
B. The creation of the district and the carrying out of its public purpose is in all respects public and governmental purposes for the improvement of the health, safety, welfare, comfort, and security of the people of the district, for whom the district will be performing a public obligation in the exercise of the powers conferred upon it by this Part.
Acts 2018, No. 488, §1, eff. May 25, 2018.
As used in this Part, the following words, terms, and phrases shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning:
(1) "Bonds" means any bonds, notes, certificates, or other written contracts or instruments evidencing the obligation to repay borrowed money regardless of the designation thereof.
(2) "District" means the Capital Area Road and Bridge District created by this Part.
(3) "Road or bridge project" means a project undertaken pursuant to this Part for the construction, development, reconstruction, acquisition, extension, or improvement of works of capital improvements related to public roads, streets, highways, bridges, and associated drainage, the title to which shall be in the public.
Acts 2018, No. 488, §1, eff. May 25, 2018.
The management and control of the district shall be vested in a board of commissioners composed of seven members:
(1) The secretary of the Department of Transportation and Development or his designee.
(2) The president of each parish comprising the district or the president's designee.
(3) The governor shall appoint one resident of the district as a member who shall serve at the pleasure of governor.
Acts 2018, No. 488, §1, eff. May 25, 2018.
A. At the first meeting of the board and annually thereafter, the members shall select a chairman and a secretary from the membership and such other officers as the board deems necessary. The board shall meet at least quarterly and the meetings shall be called by the chairman on his own notice or on request of any five members. A majority of the commissioners shall constitute a quorum to do business.
B. In case of the death, resignation, absence, inability, or failure to act of the chairman, the secretary shall call the board together and the board shall appoint one of their members to serve as acting chairman, and he shall perform all the duties of chairman.
C. The members of the board shall serve without compensation, except the compensation to which they may be individually entitled as a member or employee of their respective agency. A board member may be reimbursed for expenses actually incurred in the performance of his duties as a board member. A mileage allowance shall be fixed by the board.
D. The board of commissioners shall prescribe rules to govern its meetings.
Acts 2018, No. 488, §1, eff. May 25, 2018.
A. The district is hereby declared to constitute and is declared to be a body politic and political subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the Constitution of Louisiana. The district shall be subject to and may avail itself of any law relating to political subdivisions generally, including but not limited to the following:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To initiate or coordinate research, studies, and gathering of information on the road and bridge projects, including but not limited to the following:
(a) Engineering studies.
(b) Traffic flow and pattern studies.
(c) Environmental impact studies.
(d) Location of proposed routes.
(e) Economic development impacts and benefits.
(f) Utility relocation.
(g) Right-of-way acquisition.
(h) Project construction cost/benefit ratio studies.
(4) To be designated an official depository for information relating to and about the road and bridge projects. As such, it is empowered to receive and preserve all information gathered by other parties pertaining to the project.
(5) To receive money from any public or private body which may desire to appropriate or donate such funds to be used to defray the expenses of the district.
(6) To procure from the Department of Transportation and Development, with the consent of its secretary, or from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the board or the district.
(7) To enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of the district.
B.(1) In furtherance of these purposes, the commission is specifically authorized to apply for, receive, and accept from any state or federal agency, or local subdivision of this state, any grant or contribution of money, property, or other things of value to be held, used, and applied for purposes for which such grants and contributions may be made or for any other lawful purposes that the commission has expressly authorized in this Part.
(2) The commission is also specifically authorized to hire such accountants, attorneys, engineers, or other professional or scientific or other expert advisors as the commission in its discretion may deem necessary or advisable in order to carry out its mission. The professionals or scientific or other expert advisors shall be compensated by the commission from funds available to the commission pursuant to such agreement as may be entered into by the commission with the hired or trained professionals or scientific or other expert advisors. Neither the state nor any parish located within the boundaries of the district shall in any way be a party to any agreement executed under the provisions of this Paragraph, and neither the state nor any parish located within the boundaries of the district shall in any way be held responsible for payment of compensation under the agreements entered into by the commission.
C. The district may create subdistricts as provided in this Subsection. The district shall publish notice of its intent to create a subdistrict in the official journal of the district. At least ten days after publication of such notice in the official journal of the district, the board shall conduct a public hearing on the question of creating such subdistrict. Thereafter, the board may designate one or more project areas within the boundaries of the district as a subdistrict of the district. Each subdistrict shall constitute a political subdivision of the state and shall be governed by the board. Each subdistrict shall have the same powers as the district and shall be given a name and designated as "Capital Area Road and Bridge Subdistrict No. ".
D.(1) With respect to the bridge constructed pursuant to this Part, the district shall have all authority granted to parishes to establish, impose, collect, and enforce tolls and issue revenue bonds secured by revenue from the tolls as provided in the Bridge Revenue Bond Law.
(2) The rate of the tolls provided for in this Subsection shall be fixed and adjusted in connection with any revenue bonds issued to provide a fund sufficient, with other revenue from the bridge, to pay for the following:
(a) The cost of maintaining, repairing, and operating the bridge.
(b) The principal of and the interest on such bonds as such becomes due and payable and creation of a reserve for these purposes.
E. The district may levy taxes, impose parcel fees, and incur debt as otherwise provided by this Part; however, no proposition authorizing taxes, fees, or bonds shall be submitted to the voters of the district or of any subdistrict that does not provide funding for a new Mississippi River Bridge, connectors from Interstate Highway 10 to the bridge on the west side of the Mississippi River, and the connection to and widening of Louisiana Highway 30.
F. The district may use revenue available to it to pay costs associated with road or bridge projects which costs may include the following:
(1) Costs of studies, surveys, development of plans and specifications, preparation, implementation and administration, personnel and professional services costs for architectural, engineering, legal, marketing, financial, planning, police, fire, public works or other services incurred by the district directly or on behalf of the district. No charges for professional services may be based on a percentage of tax revenues.
(2) Property acquisition and assembly costs, including but not limited to acquisition of land and other immovable or movable property or rights or interests therein, incurred by the district directly or on behalf of the district.
(3) On and off-site preparation costs, including but not limited to clearance of any area by demolition or removal of any existing buildings, structures, fixtures, utilities, and improvements and clearing and grading and including installation, repair, construction, reconstruction, or relocation of public streets, public utilities, and other public improvements incurred by the district directly or on behalf of the district.
(4) Costs of renovation, rehabilitation, relocation, repair, or remodeling of any existing buildings, improvements, and fixtures.
(5) Costs of construction of public improvements, including but not limited to buildings, structures, works, utilities, or fixtures, incurred by the district directly or on behalf of the district.
(6) Financing costs of the district, including but not limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations which accrues during the estimated period of construction for which such obligations are issued and thereafter, and any reasonable reserves related to the issuance of such obligations.
Acts 2018, No. 488, §1, eff. May 25, 2018.
The district and the board of commissioners therefor shall have, with respect to all of the powers and functions prescribed by this Part, the advice and services of the Department of Transportation and Development. Within reason, it shall be the duty of the secretary of the Department of Transportation and Development to make available such department staff, expertise, and support as the commission may request.
Acts 2018, No. 488, §1, eff. May 25, 2018.
No provision of this Part shall be construed so as to exempt the district from compliance with the provisions of Louisiana laws pertaining to open meetings, public records, fiscal agents, official journals, dual office holding and employment, public bidding for the purpose of supplies and materials, and the Code of Governmental Ethics. The district shall be permitted to use alternative competitive procurement and delivery methods for the award of any contracts for a major road and bridge project.
Acts 2018, No. 488, §1, eff. May 25, 2018.
A. Pursuant to Article VI, Section 30 of the Constitution of Louisiana, the board of commissioners may levy an ad valorem tax or taxes for a term as determined by the board of commissioners, for the purpose of acquiring, constructing, improving, equipping, furnishing, maintaining, or operating any work of public improvement, including both movable and immovable property necessary in connection with road and bridge projects, which shall include a new Mississippi River bridge located within the boundaries of the district.
B. For the purpose of providing revenue to carry out the objects contemplated in this Part, the board of commissioners may levy on all property in the district, subject to taxation, an ad valorem tax not to exceed five mills on the dollar of its assessed valuation, as provided by Article VI, Section 19 of the Constitution of Louisiana. The tax may be levied only after the question of its levy has been submitted to the qualified electors of the district or subdistrict at an election held for that purpose and conducted in accordance with the Louisiana Election Code and the majority of those voting in each parish comprising the district or subdistrict have voted in favor of the levy of the tax.
C.(1) Subject to the approval of the State Bond Commission, the governing authority of the district shall have the authority to incur debt and issue revenue bonds for the purpose of constructing, acquiring, extending, or improving works of capital improvement related to roads and other similar public works, which shall include a new Mississippi River bridge located within the boundaries of the district.
(2) Such bonds shall be authorized and issued in accordance with the provisions of Part XIII of Chapter 4, Chapter 13, and Chapter 13-A, all of Title 39 of the Louisiana Revised Statutes of 1950. Such bonds shall be issued in the name of the district and shall not be general obligations of the district, Ascension Parish, East Baton Rouge Parish, Iberville Parish, Livingston Parish, West Baton Rouge Parish, or the state of Louisiana.
(3) Such bonds shall be issued by the commission of the district only after authorization by a majority of the electors of the district voting in an election held in accordance with the election laws of the state of Louisiana.
Acts 2018, No. 488, §1, eff. May 25, 2018.
A. The district may levy and collect a parcel fee within the boundaries of the district which shall not exceed five hundred dollars per parcel per year. The parcel fee shall be imposed by resolution or ordinance of the board of commissioners of the district only after question of its imposition and its purpose, rate, and duration have been submitted to the qualified electors of the district or subdistrict at an election held for that purpose and conducted in accordance with the Louisiana Election Code and the majority of those voting in each parish comprising the district or subdistrict have voted in favor of the imposition of the parcel fee. The proceeds of such parcel fee shall be expended for road and bridge projects, which shall include a new Mississippi River bridge located within the boundaries of the district, as set forth in the proposition approved by the electors including the payment of any bonds of the district incurred for such purpose. Any parcel fee imposed pursuant to this Section shall be levied and collected and be due and owing annually. The fee may be carried on the tax rolls and collected at the same time as parish or municipal ad valorem taxes.
B.(1) If any parcel fee is not paid when due, the district shall proceed against the parcel for the collection of the amount of the fee unpaid and delinquent, any collection costs incurred by the district, plus interest at a rate not exceeding twelve percent on the unpaid amount of the parcel fee, and, in the event legal proceedings are necessary to effect collection, court costs and reasonable attorney fees. However, attorney fees shall be payable by the parcel owner only if demand by the district has been made on the parcel owner by registered or certified mail, and such parcel owner has failed to pay the amount due within ten days after such demand.
(2) A judgment obtained for nonpayment of a parcel fee, upon being recorded in the mortgage records of the parish, shall prime all other liens except those for taxes and prior recorded local or special assessments. If there are one or more property mortgages on such parcel, the district, prior to proceeding against such parcel for failure to pay a parcel fee, shall give notice to each mortgagee of the amount of the parcel fee due and owing on such parcel and that such parcel fee must be paid within twenty days after the mailing of the notice or proceedings will be commenced against the parcel. The notice shall be sent to each such mortgage holder by certified mail, return receipt requested, or be made by personal or domiciliary service on such mortgage holder. The district shall not commence such proceedings until at least twenty days after the certified mail return receipt for the notice is signed by the mortgagee.
(3) Alternatively, the lien authorized by this Section may be enforced by assessing the amount of the lien against the parcel as a tax against the property. The lien may be collected in the manner fixed for collection of taxes and shall be subject to the same civil penalties for delinquencies. After the district has incurred such costs and expenses as together with any amount of the parcel fee which remains unpaid and delinquent constitute the lien on the property, including any costs of court, attorney fees and interest, the governing authority may send an attested bill of such unpaid amount, costs, and expenses to the tax collector for the parish who shall add the amount of such bill to the next tax bill of the property owner. The lien shall prime all other liens or privileges against the property, except other tax liens, filed after the statement specified in this Section is filed with the recorder of mortgages, regardless of the date on which the lien is perfected.
Acts 2018, No. 488, §1, eff. May 25, 2018.
A. The district may, in accordance with the Subsection, levy and collect a sales and use tax not to exceed one percent within the district. The sales and use tax authorized by this Subsection shall be imposed by ordinance of the district and shall be levied upon the sale at retail, the use, lease or rental, consumption, and the storage for use or consumption of tangible personal property, and on sales of services, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 in the district. The proceeds of the sales tax shall be expended for road and bridge projects, which shall include a new Mississippi River bridge located within the boundaries of the district. The tax may be levied only after the question of its levy has been submitted to the qualified electors of the district or subdistrict at an election held for that purpose and conducted in accordance with the Louisiana Election Code and the majority of those voting in each parish comprising the district or subdistrict have voted in favor of the levy of the tax.
B. The tax shall be in addition to all other authorized sales and use taxes and shall be collected at the same time and in the same manner as set forth in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. Any sales and use tax levied by the Capital City Road and Bridge District shall be excluded from the calculation of total sales and use taxes levied within an area for the purposes of R.S. 47:338.54.
C. The tax shall be imposed and collected uniformly throughout the district.
D. The commission may fund the sales tax revenues into bonds in the manner provided by Subpart F of Part III of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950. Such bonds may be issued only after the question of their issuance has been submitted to the qualified electors of the district or subdistrict at an election held for that purpose and conducted in accordance with the Louisiana Election Code and the majority of those voting in each parish comprising the district or subdistrict have voted in favor of the issuance of the bonds. The question with respect to the funding of the sales tax revenues into bonds may be voted upon at the election held to authorize the imposition of the sales tax or may be submitted at a separate election held for such purpose. No proceeding, hearing, notice, or approval shall be required for the issuance of any bonds or any instrument as security therefor, except as provided by this Section or by the Constitution of Louisiana.
Acts 2018, No. 488, §1, eff. May 25, 2018.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
Repealed by Acts 1999, No. 608, §1.
In addition to the powers now possessed by it, any parish or municipality may construct, acquire, improve, operate, and maintain tunnels, causeways, bridges, or any combination of such facilities, including all necessary approaches, fixtures, accessories, and equipment, in, over, through, or under the waterways of the state, the Gulf of Mexico, or any lakes, canals, bayous, bays, or inlets within the state or opening thereinto, and may pay the cost of such construction, acquisition, or improvement.
Any parish or municipality proceeding under this Sub-part may accept any appropriation, loan, gift, assistance, grant, contribution, or allocation from the United States of America or the State of Louisiana, or any agency or instrumentality thereof, or any public utility, private corporation or individual benefiting therefrom, and may enter into any agreement not prohibited by the state constitution which is necessary to obtain any such loan, gift, grant, assistance, contribution or allocation.
Parishes or municipalities proceeding under this Sub-part may enter on any lands, waters, and premises for the purpose of making surveys, soundings, and examinations. If deemed advisable, any such parish or municipality may exercise the right of expropriation and may institute condemnation proceedings under the provisions of the general laws providing for the construction and maintenance of highways and bridges in Louisiana or of any other pertinent general law of Louisiana for the purpose of acquiring any property to be used in connection with such construction. In any condemnation suit, the court having jurisdiction may issue such orders as are just to the parish, municipality, state and owners of the property to be condemned. Upon the institution of any such condemnation proceedings and upon tender of a bond or other security in sufficient sum to secure the owner or owners for damages and upon approval of the bond or other security by the court, the parish or municipality may take immediate possession of the property which is the subject matter of the condemnation proceedings and may enter thereon.
The State of Louisiana hereby expressly grants to any such parish or municipality full servitudes and rights of way in, through, across, and under or over any lands or property owned by the state which are necessary or convenient to the construction, acquisition, or efficient operation of any such causeways, tunnels, bridges, or combination thereof.
All parishes, municipalities, subdivisions, and agencies of the state may enter into agreements with other parishes, municipalities, subdivisions, and agencies of the state for the construction of tunnels, causeways and bridges as provided in this Sub-part. They may appropriate funds, provide grants, servitudes, and rights of way and may cooperate in the construction of the tunnels, causeways, and bridges when deemed to be in the public interest.
The department of highways may enter into written agreements with governing authorities of parishes and municipalities for the construction of tunnels, causeways, and bridges. It may, under such agreements, undertake to perform all or any part of the work so long as the tunnels, causeways, or bridges are part of the highway system. It may contribute services, materials, or funds therefor as long as any such participation is for definitely delineated projects and under a recital from the parishes or municipalities that no funds made available under such agreements shall be used for any purpose other than that specifically set forth in the agreements. The certification by the governing authority of the parish or municipality shall be full and complete authority to the department to pay the department's share of any costs which may be involved.
This Sub-part shall be known and may be cited as the "Bridge Revenue Bond Law."
As used in this Sub-part:
(1) "Bridge" or "toll bridge" means a bridge, tunnel, causeway, road or ferry, either as separate facilities or any combination of such facilities, including all necessary approaches, fixtures, accessories and equipment, the substructure and superstructure thereof, and all property, rights, servitudes, and franchises relating thereto and deemed necessary or convenient for the operation thereof. The term also embraces combined railroad and highway bridges, as well as highway bridges.
(2) "Improvements" means repairs, replacements, additions and betterments of and to a bridge acquired by purchase or by expropriation or condemnation which are deemed necessary to place it in a safe and efficient condition for the use of the public, when the improvements are ordered prior to the sale of any bonds for the acquisition of the bridge, and also means any additions, repairs, extensions, replacements, betterments, or improvements of or to a bridge, so defined in (1) above, theretofore constructed or acquired.
(3) "Cost of bridge", as applied to a bridge to be acquired by purchase or by expropriation or condemnation, includes the purchase price or the amount of the award; cost of improvements; financing charges; interest during any period of disuse before completion of improvements; cost of traffic estimates; cost of engineering and legal expenses; cost of plans, specifications, surveys, and estimates of costs and revenues; other expenses necessary or incident to determining the feasibility or practicability of the enterprise; administrative expenses; and any other expenses necessary or incident to the financing authorized in this Sub-part and to the acquisition of the bridge and the placing of the bridge in operation.
(4) "Cost of bridge," as applied to a bridge to be constructed or to improvements made to a bridge theretofore constructed or acquired, embraces the cost of construction; the cost of all land, property, rights, servitudes, and franchises acquired, which are deemed necessary for the construction; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for twelve months after completion of construction; cost of traffic estimates; cost of engineering and of legal expenses; cost of plans, specifications, services of financial or fiscal agents, and surveys, and estimates of cost and revenues; other expenses necessary or incident to determining the feasibility or practicability of the enterprise; administrative expense; reimbursement or repayment of any amounts theretofore advanced by any body, agency or person for any of such purposes; and any other expenses necessary or incident to the financing authorized in this Sub-part and to the construction or improvement of the bridge and the placing of the bridge, or improvements thereto, in operation.
(5) "Owner" includes all persons having any title or interest in any property, rights, servitudes, or franchises authorized to be acquired by this Sub-part.
(6) "Parish" means a parish or municipality, or any combination of parishes or municipalities.
Amended by Acts 1954, No. 664, §1.
Any bridge constructed, acquired, extended, or improved under the terms of this Sub-part for the use of which tolls are charged is a revenue producing public utility.
Any parish may acquire by purchase any toll bridge wholly or partly constructed, or any franchises, servitudes, permits, or contracts for the construction of any such bridge, upon terms and at prices which are reasonable and can be agreed upon between it and the owner thereof. Title to the bridge shall be taken in the name of the parish.
Whenever a reasonable price cannot be agreed upon or whenever the owner is legally incapacitated, is absent, is unknown, or is unable to convey valid title, the parish may acquire by expropriation or condemnation any such bridge, any interest therein, and any land, rights, servitudes, franchises, and other property deemed necessary or convenient for the improvement or the efficient operation of any property acquired or constructed under this Sub-part, or for the purpose of constructing any bridge or portion thereof under this Sub-part, or for securing a right-of-way leading to any such bridge or its approaches. Proceedings shall be instituted and conducted by the governing authority of the parish. The compensation to be paid shall be ascertained and paid in the manner provided by law.
Title to any property expropriated or condemned by a parish shall be taken in its name.
No parish is under any obligation to accept and pay for any property condemned or any costs incidental to any expropriation proceedings and shall not pay these except from funds provided by this Sub-part. In any such proceedings, the court may make any orders which are just to the parish and to the owners of the property to be expropriated or condemned and may require an undertaking or other security to secure owners against any loss or damage which might be sustained by reason of the failure of the parish to accept and pay for the property. However, this security shall impose no liability upon the parish except such as may be paid from the funds provided under the authority of this Sub-part.
Every parish may exercise, in this and in any other state, such powers of expropriation or eminent domain as are conferred upon it by any act of Congress.
The governing authority of the parish, at or before the time that such bridge is acquired by the parish by purchase or by expropriation or condemnation, shall determine what repairs, replacements, additions, or betterments will be necessary to place the bridge in safe and efficient condition for the use of the public and shall have an estimate of the cost of the improvements made. The governing authority of the parish shall authorize these improvements before the sale of any bridge revenue bonds for the acquisition of the bridge, and the cost of the improvements shall be paid out of the proceeds of the bonds.
Any parish may construct, subject to the approval hereinafter required, any bridge, or construct improvements to any bridge theretofore constructed or acquired, whenever such construction is deemed expedient. The parish may purchase within this state and within any adjoining state, solely from funds provided under authority of this Sub-part, any lands, structures, rights of way, franchises, servitudes, and other interests in lands, including lands under water and riparian rights of any person or political subdivision, deemed necessary for the construction of any such bridge, upon such terms and at such prices as are considered reasonable by it and can be agreed upon between it and the owners thereof. It shall take title thereto in its name.
The state of Louisiana consents to the use of all lands lying under water which are within the state and are necessary to the construction and operation of any such bridge and the approaches and appurtenances thereto.
All bridges constructed, acquired or improved under the provisions of this Sub-part shall be so constructed, acquired or improved only after having received approval of the Department of Highways of the state of Louisiana, or its successor. This approval shall be with respect to location and the relationship of the bridge to an integrated system of state highways, as determined by the Department of Highways of the state of Louisiana, or its successor.
To afford users of any such project a reasonable choice of motor fuels of different brands, each gasoline service station or site therefor shall be separately offered for lease upon sealed bids for private operation and, after at least 4 weeks notice of the offer has been published in a newspaper having general circulation in the state, each such lease shall be awarded to the highest responsible bidder therefor, who may provide for the operation of the service station by a third person, but no person shall be awarded or have the use of, nor shall motor fuel identified by the trademarks, trade names, or brands of any one supplier, distributor, or retailer of such fuel be sold at, (1) consecutive service stations along one side of such project, or (2) more than one service station if they constitute more than 20 percent of the service stations on such project.
Amended by Acts 1954, No. 664, §2.
Upon the letting of a contract for the construction of a bridge under the provisions of this Sub-part, the director of highways shall commence or proceed with the construction of any highways necessary to connect the bridge with the state highway system. He shall complete this construction on or before the date the bridge is opened for traffic.
All public or private property damaged or destroyed in carrying out the powers granted under this Sub-part shall be restored or repaired and placed in its original condition as nearly as practicable or adequately paid for out of the funds provided by this Sub-part.
The governing authority of any parish may provide by resolution at one time and from time to time for the issuance of bridge revenue bonds of the parish for the purpose of paying the cost of any one or more of such bridges. This resolution shall recite an estimate of the cost. The principal and interest of the bonds shall be secured by a conventional mortgage upon the bridge and by pledge of the revenues thereof sufficient in amount to pay the principal and interest on the bonds as they severally mature. The bonds and the coupons attached thereto shall not be a charge upon any other income or revenue of any parish, the state of Louisiana, or any agency or political subdivision thereof, nor shall said bonds and coupons constitute an indebtedness or pledge of, or affect the general credit of, any parish, the state of Louisiana, or any agency or political subdivision thereof, within the meaning of any constitutional or statutory limitation of indebtedness. The principal and interest of the bonds may be made payable in any lawful medium.
In the discretion of the governing authority of the parish, bonds of a single issue may be issued for the purpose of paying the cost of any one or more bridges.
Amended by Acts 1954, No. 664, §3.
The bonds of each issue shall be dated. They shall bear interest at not more than six per cent per year, payable annually. They shall mature at a time determined by the governing authority of the parish, but not more than forty years after date of issuance. They may be made redeemable before maturity, at the option of the parish, at a price and under terms and conditions fixed by the governing authority thereof prior to the issuance of the bonds.
The governing authority of the parish shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds and any interest coupons attached thereto shall be executed in the manner determined by the governing authority of the parish. If any officer whose signature appears on the bonds or coupons ceases to be such an officer before the delivery of the bonds, his signature shall nevertheless be valid and sufficient for all purposes in the same manner as if he had remained in office until delivery.
All bridge revenue bonds issued under the provisions of this Sub-part have all the qualities and incidents of negotiable instruments under the Negotiable Instruments Law.
Prior to the preparation of definitive bonds, the parish may, under the same restrictions as apply to definitive bonds, issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Provision may be made for the registration of any of the bonds in the name of the owner as to principal alone and also as to both principal and interest and for the issuance of new coupon bonds in exchange for bonds registered as to both principal and interest.
The governing authority of the parish may sell the bonds in the manner and for the price which it determines to be for the best interests of the parish, but no such sale shall be made at less than par. The proceeds of the sale of the bonds shall be used solely for the payment of the cost of the bridge or bridges and shall be disbursed under such restrictions, if any, as the governing authority provides.
If the proceeds of the bonds, by error or calculation or otherwise, are less than the cost of the bridge or bridges, additional bonds may in like manner be issued to provide the amount of the deficit. Unless otherwise provided in the mortgage or the trust indenture hereinafter mentioned, these latter bonds shall be considered to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds issued first. If the proceeds of bonds issued for any bridge or bridges exceed the cost thereof, the surplus shall be paid into the sinking fund provided for the payment of principal and interest of the bonds.
Subject to the provisions of R.S. 48:882, all moneys received from any bridge revenue bonds issued pursuant to this Sub-part shall be applied solely to the payment of the cost of the bridge or bridges or to the appurtenant sinking funds. Until so applied, there is a privilege upon the money in favor of the holders of the bonds or the trustee in respect of the bonds.
The governing authority of any parish may provide for the replacement of any bond which is mutilated, destroyed, or lost.
Bridge revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things specified and required by this Sub-part or by the constitution. The powers conferred by this Sub-part are in addition to the power conferred by any other law, and this Sub-part, without reference to any other law is full authority for the purpose hereof.
Any mortgage granted under this Sub-part may be foreclosed by seizure and sale of the encumbered property, in the manner provided by law for the foreclosure of conventional mortgages, including the right to executory process.
Any resolution adopted or mortgage or trust indenture entered into under the provisions of this Sub-part shall provide for the granting by the governing authority of the parish of a franchise to the purchaser at foreclosure sale for the operation of the bridge mortgaged or indentured. This franchise shall run for a period of not more than forty years from the date of the sale and shall be subject to any other constitutional or statutory limitations pertaining to the granting of municipal franchises.
Any parish may provide by resolution for the issuance of bridge revenue refunding bonds of the parish for the purpose of refunding any bridge revenue bonds issued under the provisions of this Sub-part and then outstanding. The issuance of the bridge revenue refunding bonds, the maturities, and other details thereof shall be governed by the other provisions of this Sub-part insofar as they apply and by provisions of this Section.
No bridge revenue refunding bonds shall be delivered, unless delivered in exchange for bridge revenue bonds to be refunded thereby, except in the amount necessary to provide for the payment of matured and redeemable bridge revenue bonds or bridge revenue bonds maturing or redeemable including any redemption premium thereon.
No bridge revenue refunding bonds shall be issued, unless issued to refund bridge revenue bonds which have matured or will mature within six months, or are callable, or unless the interest rate of the bridge revenue refunding bonds is at least one-fourth of one per cent less than the interest rate borne by the bridge revenue bonds to be refunded.
Bonds issued under this Sub-part are not subject to the limitations as to the amount of bonded debt in a parish, based upon the amount of the assessed value of taxable property.
Amended by Acts 1952, No. 127, §19.
In the discretion of the governing authority of any parish issuing its bonds under the provisions of this Sub-part, each or any issue of bonds may be secured by a trust indenture by and between the parish and a corporate trustee, conveying or mortgaging the bridge and pledging the income and revenues thereof in an amount sufficient to pay the principal and interest on the bonds as they severally mature.
The corporate trustee shall be any trust company or bank having the powers of a trust company within or outside of the state.
All expenses incurred in carrying out a trust indenture may be treated as a part of the cost of maintenance and operation of the bridge or bridges affected by the indenture.
The trust indenture may set forth the rights and remedies of the bondholders and of the trustee and restrict the individual rights of action of bondholders as is customary in trust indentures serving bonds and debentures of corporations.
Either the resolution providing for the issuance of bridge revenue bonds or the trust indenture made in connection therewith may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law.
Except as otherwise provided by resolution passed before the issuance of the bonds by the trust indenture, any holder of any bonds issued under the provisions of this Sub-part or of any of the coupons attached thereto, and the trustee under the trust indenture, if any, may, by any proceeding, protect and enforce all rights granted under this Sub-part, or by the resolution or trust indenture, to be performed by the parish, its governing authority or by the director of highways, or any officer thereof.
Except as is otherwise provided in this Sub-part, the governing authority of the parish may provide by resolution or by trust indenture for the payment of the proceeds of the sale of the bonds and the revenues of the bridges to an officer, board, or depository named by it for the custody thereof. The parish shall provide for the method of disbursement thereof, with such safeguards and restrictions as it determines.
Any bank or trust company incorporated under the laws of this state may act as depository of the proceeds of the bonds or revenues of the bridges or of other moneys pertaining thereto. They may furnish such indemnifying bonds or pledge securities as required by the governing authority of the parish.
The exercise of the powers conferred by this Sub-part constitutes the performance of essential governmental functions, and as bridges which are owned and operated by parishes constitute public property used for public purposes, those bridges and the tolls and revenues thereof are free from taxation within the state and no parish shall be required to pay taxes or assessments upon the bridge or any part thereof, owned by it, whether located within or without the corporate limits of the parish. Bonds issued under the provisions of this Sub-part, their transfer, and the income therefrom, including any profits made on the sale thereof, are free from taxation within the state and otherwise as may be allowed by any law.
Amended by Acts 1954, No. 664, §4.
If, since July 26, 1944, and at the time of acquisition by a parish under this Sub-part, any bridge has been and is assessed with any ad valorem taxes by any parish or other political subdivision of this state or by any adjoining state in which one of the termini of the bridge is located, the parish acquiring it may provide in its resolution, mortgage, or trust indenture a contract with the purchasers of the bridge revenue bonds whereby a sum equal to what the taxes to the parish, municipality, or state, as the case may be, could be in any year following the acquisition of the bridge shall be annually paid into the treasury of the parish, municipality, or state. This amount shall be computed by using the assessment value of the bridge in the parish, subdivision, or state as of July 26, 1944, and the rate of taxation currently being levied in the particular year. The fund accumulated by these payments shall be used for the same purposes and in the same proportions as the taxes would have been.
The governing authority of any parish issuing its bonds under the provisions of this Sub-part shall impose rates for the use of any bridge sufficient to operate and maintain the bridge, pay the principal of and interest on the bonds, and provide an adequate fund for depreciation, improvements, and extensions. Subject to this requirement, the governing authority may fix and revise the tolls from time to time and charge and collect them.
Tolls shall be so fixed and adjusted, in respect of the aggregate of tolls from the bridge or bridges for which a single issue of bonds is issued, as to provide a fund sufficient, with other revenues of the bridge or bridges, if any, to pay:
(1) Any payments to reimburse the parish for losses of taxes, as provided by R.S. 48:882;
(2) The cost of maintaining and operating the bridge or bridges unless that cost is otherwise provided for; and
(3) The bonds and interest thereon as each becomes due.
These tolls are not subject to supervision or regulation by any state commission, board, bureau, or agency.
The tolls from a bridge or bridges for which a single issue of bonds is issued, except the part thereof required to pay the cost of maintaining and operating the bridge or bridges and to provide the reserves therefor provided for in the resolution authorizing the issuance of the bonds or in the mortgage or trust indenture, shall be set aside at such regular intervals as are provided in the resolution, mortgage, or trust indenture, in a sinking fund which is hereby pledged to and charged with the payment of:
(1) The interest upon the bonds as that interest falls due;
(2) The principal of the bonds as it falls due;
(3) The necessary fiscal agency charges for paying principal and interest; and
(4) Any premium upon bonds retired by call or purchase.
The use and disposition of the sinking fund is subject to such regulations as are provided in the resolution authorizing the issuance of bonds, or in the mortgage or trust indenture, but, except as is otherwise provided in the resolution, mortgage, or trust indenture, the sinking fund is a fund for the benefit of all bonds without distinction or priority of one over another.
Subject to the provisions of the resolution authorizing the issuance of bonds or of the mortgage or trust indenture, any moneys in the sinking fund in excess of an amount equal to one year's interest on all bonds then outstanding may be applied to the purchase or redemption of bonds. All bonds so purchased or redeemed shall immediately be cancelled and shall not be issued again.
The governing authority of the parish may contract with any person desiring the use of any bridge or any part thereof for placing thereon water, gas, or oil pipelines; telephone, telegraph, electric light, or power lines; railroad or street railway tracks; or for any other purpose. It may fix the terms, conditions, rates, and charges for that use.
The governing authority of any parish issuing its bonds pursuant to the provisions of this Sub-part shall do all acts necessary in the construction or acquisition, maintenance and operation of any bridge to the end that the bridge may be operated free of tolls as early as possible and practicable, subject only to the express limitations of this Sub-part and the limitations of the other laws and constitutional provisions applicable thereto.
When the particular bonds issued for any bridge or bridges and the interest thereon has been paid or a sufficient amount has been provided for their payment and continues to be held for that purpose, the parish issuing the bonds shall cease to charge tolls for the use of the bridge or bridges and the bridge or bridges shall be free, unless tolls are required for maintaining, repairing, and operating the bridge or bridges due to the lack of funds from other sources than tolls. However, the provisions of this Section do not apply to common carriers, transportation companies, bus lines, and anyone transporting passengers or freight for hire, but apply only to the use of the highway portion of the bridge by the traveling public. As respects other than the latter use, the parish may continue to fix and collect such tolls and charges as it considers in the public interest.
Any parish, in addition to the revenues which may be received from the sale of bridge revenue bonds and from the collection of tolls and other bridge revenues derived under the provisions of this Sub-part, may accept from any federal agency, any state or state agency, or any municipality or municipal agency, or other political subdivision, grants or advances, for or in the aid of construction or acquisition of any bridge or the payment of any bonds issued under this Sub-part.
The parish may also accept contributions and advances from any source of money, property, or other things of value to be held, used, and applied only for the purpose for which the grants, advances and contributions may be made, and the parish may contract for the repayment or return of such grants, advances and contributions.
Amended by Acts 1954, No. 664, §5.
No bridge for the use of the traveling public shall be constructed and operated by the parish or by a municipal corporation or other political subdivision of the state, or by any person, and no franchise shall be granted for the operation of a ferry, within fifteen miles of any toll bridge for the acquisition or construction of which bridge revenue bonds have been authorized under this Sub-part, except under a written permit granted by the director of highways. No such permit shall be granted by the director until he has ascertained by an investigation, including a hearing upon such notice and under such rules he prescribes, that there is an urgent public need for the operation of the bridge or ferry and that its operation will not affect the revenues of the bridge purchased or constructed under the provisions of this Sub-part, so as to impair the security of any bridge revenue bonds issued therefor.
The governing authority of any parish issuing its bonds under the provisions of this Sub-part may exercise all powers and enter into all contracts or agreements necessary or incidental to the execution of its powers under this Sub-part.
The parish may exercise any powers conferred on it by acts of congress or of any adjoining state in which a portion of the bridge is located.
The parish may employ engineering, architectural, and construction experts and inspectors; attorneys; and such other employees as are considered necessary and may fix their compensation.
The provisions of this Sub-part enumerating powers and duties of parishes and their governing authorities are not limitations on the general powers or duties of parishes or the governing authorities thereof.
All expenses incurred in carrying out the provisions of this Sub-part shall be paid solely from funds provided under the authority of this Sub-part, and no liability or obligation shall be incurred hereunder beyond the extent to which money has been provided under the authority of this Sub-part.
Any parish operating under this Sub-part may cooperate with any political subdivision or agency of this state, or of an adjoining state in which a part of the bridge is or may be situated, in the acquisition, construction, improvement, operation, and maintenance of any bridge and in defraying the costs thereof. To this end, the parish may enter into any proper contract with any such political subdivision or agency, and two or more parishes may jointly issue revenue bonds as authorized in this Sub-part and create or establish a commission to accomplish the objective thereof, said commission to be composed and have such powers and authority as the parishes may deem advisable and may delegate to it, not contrary to law.
When the bonds issued, under the authority of this Sub-part, for any bridge and the interest thereon have been paid in full or sufficient funds have been deposited in trust for that purpose, and the bridge is in a condition of maintenance satisfactory to the Department of Highways of the state of Louisiana, or its successor, said department, or its successor, may at its sole option assume jurisdiction and control of the bridge, which will then become part of the state highway system of Louisiana and be subject to maintenance, control and operation, as an integral part of the state highway system. Thereafter, the collection of tolls, if any, shall be governed by the provisions of R.S. 48:886. Nothing herein contained, however, shall be construed as making the aforesaid assumption of jurisdiction and control mandatory.
Amended by Acts 1954, No. 664, §6.
Wherever Sub-part B of this Part applies, this Sub-part has no application.
Any municipality located on a navigable stream and any parish bounded by or through which a navigable stream runs, or both such municipality and parish in conjunction may, when the necessary authority has been obtained from congress, build bridges across the navigable streams and borrow the money to pay therefor. The loan shall be evidenced by certificates of indebtedness, bearing not more than five per cent per year interest, running for a period of not more than fifteen years, secured and payable as provided in R.S. 48:913.
To secure the payment of the certificates of indebtedness authorized in R.S. 48:912, the municipality or parish, or the municipality and parish acting conjointly, may fix the rate of tolls to be charged persons passing over the bridge, and pledge the tolls for the payment of the certificates. The rate of toll, when so fixed and pledged, shall not be changed except with the consent of the holder of the certificates.
The funds arising from the collection of the tolls shall not be used for any other purpose than maintenance of the bridge and payment of the cost of its construction. When the cost of construction of the bridge has been paid, tolls shall no longer be charged except for the purpose of maintenance.
In addition to the security given by the pledge of tolls as set forth in R.S. 48:913, the certificates of indebtedness shall be valid and subsisting obligations of the municipality or parish, or both, as the case may be.
No parish shall lease the franchise of crossing or use of any bridge owned by it and crossing a navigable stream. This Section does not apply to bridges constructed or acquired pursuant to the Bridge Revenue Bond Law.
Except as authorized in this Part, no parish, or any agent thereof, shall charge or collect from the public any toll for the crossing or use of any bridge owned by the parish and crossing a navigable stream.
This Section does not affect or control owning parishes as to toll-bridges not fully paid for as of December 9, 1921, and not yet fully paid for, until the debt on such bridges has been liquidated.
The department of highways may construct bridges and approaches thereto over navigable waters, for public use, on or connecting highways in this state. Thereafter, the department may operate and maintain these bridges.
A. Notwithstanding any other law to the contrary, no state agency, political subdivision of the state nor any board or commission created pursuant to a local services agreement, without prior approval by the legislature, shall enter into any contract which would have the effect of any of the following with respect to any bridge in the state which is greater than five miles in length:
(1) Providing for the sale, lease as lessor, transfer, or conveyance of title or any interest in such a bridge.
(2) Providing for the transfer of any responsibility for the management, control, or operation of the bridge to any other entity, public or private.
B. The provisions of this Section shall not prohibit a public works contract for repair, expansion, maintenance, cleaning, or any other work relating to the physical structure of the bridge and appurtenances nor any contracts for the collection of public tolls for a state agency or political subdivision or services related to such toll collection.
Acts 2008, No. 313, §1; Acts 2008, No. 691, §§1, 2.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
Repealed by Acts 1999, No. 1308, §1, eff. July 12, 1999.
As soon as any bridge authorized in this Part is put into operation, the department shall arrange for and supervise the collection of tolls for the use of the bridge. The rate of toll shall be determined by the department. The rates so fixed shall be such as to anticipate the retirement of the bonds issued for the construction of the bridge in not more than twenty years. The toll rates shall be posted in a conspicuous place at each end of the bridge or its approaches and at the places of collecting the tolls.
Commuters' tickets for those making frequent use of a particular bridge may be sold at reduced rates upon such terms and subject to such restrictions as are determined by the department of highways.
The department of highways shall report and pay into the state treasury all of the funds so derived by it from the bridges.
The state, or any political subdivision thereof, which operates a toll bridge may require that in order to qualify for a commuter discount the motor vehicle shall be registered and licensed in Louisiana.
Added by Acts 1993, No. 177, §1.
Toll keepers shall be appointed by the state highway department. They shall execute bond for the faithful performance of their duties and for the due and proper accounting of all monies received by them. These bonds shall be made payable to the state in such amounts and with such surety companies authorized to do business as determined by the state.
Toll keepers shall keep such records and make accounting in settlement at such times and in such manner as the highway department prescribes. They shall make a statistical record showing the number of tolls paid at the bridge or bridges and the department shall keep a record of the source of all tolls.
All tolls and revenues collected under the provisions of this Part shall be kept by the State Treasurer in separate accounts for each bridge. The tolls and revenues derived from each bridge shall be used exclusively for its maintenance and operation, and the residue for the retirement of its bonds.
However, whenever it is necessary in the opinion of the department of highways to construct more than one bridge and approaches on a through or main highway, bonds may be issued to cover the cost of constructing the bridges and approaches and the tolls and revenues therefrom shall be kept together in one account and used for the maintenance and operation of the bridges and the retirement of the bonds. In such a case, all the bridges shall remain toll bridges until the retirement in full of all the bonds.
When the cost of the bridge has been paid, it shall be immediately opened as a free bridge to the travelling public and shall thereafter be maintained as part of the state highway system.
The department of highways may acquire by donation, or in its own name, may expropriate any property which is necessary to carry out the purposes of this Part. In expropriation suits, the Attorney General shall act as attorney for the department.
Any judgment rendered or allowance agreed upon by the highway department shall be paid as a part of the expense of building the bridge.
The department may take possession of any such property immediately upon filing petition for its expropriation. Otherwise, the procedure shall be as provided by law for expropriation by the state.
All bridges constructed by the Department of Transportation and Development pursuant to this Part shall be by public contract let to the lowest responsible bidder pursuant to the provisions of R.S. 48:252. All contracts entered into by the Department of Transportation and Development in connection with the building of these bridges shall be in writing and in conformity with the requirements of the department.
Acts 1990, No. 921, §1, eff. July 25, 1990.
A. The department of highways may, in connection with the erection of any bridge, construct a combination railroad, or street railway and vehicle traffic bridge.
B. The highway department may lease to any person who applies the right or privilege to use the bridge for railroad and for street railway purposes and for the placing and maintaining thereon of transmission cables and wires for telephone, telegraph, and electric power; pipe lines for the transportation of artificial or natural gas or oil; tracks, wires and other equipment for the operation of steam or electric railways; and appliances or equipment for any other purposes. The department shall not grant to any railroad or other public utility company an exclusive lease or franchise for the use of any bridge constructed under the provisions of this Part. Equal rights and privileges shall be granted to all railroads and public utility companies to the use of the bridges, upon complying with the terms and conditions and the rules and regulations of the department. The department shall adopt uniform terms and conditions, rules and regulations for carrying out the provisions of this Sub-section.
The highway department may make and enforce all reasonable rules and regulations not inconsistent with this Part which are proper and suitable for the protection of the bridges, and the approaches and appurtenances thereto and for the safety of the traveling public.
Organized runs, walks, marches, or parades shall be prohibited from crossing the Greater New Orleans Bridges Nos. one and two and the Huey P. Long Bridge in Orleans and Jefferson Parishes on weekdays from midnight Sunday evening until midnight on Friday evening except on any holiday recognized by federal, state, or local government.
Acts 1985, No. 176, §1.
Members of the Boy Scouts of America, of the Girl Scouts of America, and of the Camp Fire Girls when assembled in uniform in a parade or group consisting of not less than fifteen and under the supervision of a scout master or other responsible person, have free and unhampered passage at all times over toll bridges in this state.
Any publicly owned vehicles and any vehicle used in connection with or in furtherance of the mass transportation of the general public which is owned and operated by any person, firm, or corporation engaged in a publicly subsidized transit business or which is owned by a public body, shall have free and unhampered passage at all times over toll bridges which cross any river or stream in this state.
Added by Acts 1980, No. 313, §1, eff. July 13, 1980.
Where streams separate parishes, the parishes between which ferryboats ply thereon have concurrent jurisdiction over the ferry. Complaints for neglect or infractions of the charter are cognizable by the court of either parish in such cases.
The governing body of the city of New Orleans may establish and regulate ferries across the Mississippi River, in the parish of Orleans.
The parish governing authority or municipal corporation having the right to lease any ferry shall advertise for bids in the manner prescribed for judicial advertisement for three weeks, the first advertisement to be made at least fifteen days prior to the date set for the opening of the bids. If the ferry to be leased plies between two different parishes, between a parish and a municipal corporation in another parish, or between municipalities in different parishes, the parish governing authority or the municipal councils, as the case may be, shall jointly advertise for bids for the lease of the ferry franchise in the manner prescribed for judicial advertisement for three weeks in the official journal of the parishes or municipalities, as the case may be.
It is not necessary to advertise the proposed lease or the conditions or obligations thereof in its entirety. The advertisement shall merely notify prospective bidders of the sale of the proposed lease and that the lease will be sold to the highest bidder on such terms and conditions and at such a place as is prescribed or agreed upon by the parish governing authorities or municipal councils, or both, as the cause may be. If the lease of a ferry is to be sold at public auction to the last and highest bidder instead of by sealed bidding, the advertisement shall so state. The advertisement shall notify prospective bidders that a copy of the lease may be obtained free of charge from the secretary of the parish governing authority or the clerk of the municipal council, containing all of the details, conditions, and obligations of the ferry franchise. No ferry shall be leased for a longer period than ten years.
Amended by Acts 1968, No. 75, §1.
No person, not a lessee of a public ferry shall transport any person for pay or hire across the Mississippi River or any other stream in this state in any craft, within a distance of two miles of a public ferry landing duly established under the resolutions or ordinances of any parish or municipal corporation in this state, except the parish of Orleans.
Whoever violates this Section shall be fined not less than ten dollars nor more than twenty-five dollars for each offense. In default of payment of the fine he shall be imprisoned for not less than ten days nor more than thirty days.
In the parish of Orleans, whoever unlawfully crosses passengers for hire within the territorial limits exclusively assigned to any ferry under its franchise or charter shall for each offense be fined not more than fifty dollars or imprisoned for not less than five days nor more than thirty days, or both.
No craft or vessel shall be moored, anchored, or stationed in the waters of any navigable stream within one hundred yards of the usual line of passage of any ferry-boat when plying from one of its wharves or landing places to the other. However, this Section does not apply to craft or vessels regularly moored and made fast to the established wharves adjoining the wharves or landing places of ferries.
Any master or owner of a craft or vessel moored, anchored, or stationed in violation of this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars. In default of payment of the fine, he shall be imprisoned for not less than ten days nor more than thirty days.
Any person who endangers, impedes, or harasses the safe passage of the chartered ferries across the streams of this state, shall be fined not less than ten dollars nor more than fifty dollars or imprisoned for not less than five days nor more than thirty days, or both.
Amended by Acts 1952, No. 127, §19.
Ferries owned and operated under franchises granted for a specific number of years are a separate class for the purpose of assessment and taxation. These franchises shall be valued by the assessing authorities for state purposes at a sum equal to the price paid for the franchises divided by the number of years for which franchise is granted. This valuation and listing is binding for local purposes upon all subdivisions of the state in which the ferries are operated.
Members of the Boy Scouts of America, the Girls Scouts of America, and the Camp Fire Girls, when assembled in uniform in a parade or group consisting of not less than fifteen and under the supervision of a scout master or other responsible person, have free and unhampered passage at all times over all toll ferries in this state.
A. The free right of passage over any public ferry which moves between two landings located in the same parish and which is leased out or controlled by the state, parish, or municipality for which license is paid or toll exacted shall provide for free passage of all employees of parish governing authorities in official parish governing authority vehicles in their passage to and from work on an official project of the parish governing authority, provided that rules are adopted in accordance with the provisions of Subsection B of this Section.
B. The Department of Transportation and Development shall, in accordance with the Administrative Procedure Act, adopt rules and regulations for the efficient implementation and enforcement of the provisions of this Section.
Acts 1993, No. 345, §2.
A. The department is authorized to and shall endeavor to enter into a contract with a private entity for the maintenance of the St. Francisville ferry which crosses the Mississippi River between Pointe Coupee Parish and West Feliciana Parish.
B. Any request for bid proposals from competitors interested in contracting for the maintenance of the ferry shall be advertised in accordance with the bid advertisement requirements under the provisions of R.S. 48:252.
C. The secretary shall adopt and promulgate rules in accordance with the Administrative Procedure Act for the implementation of this Section which shall include but not be limited to:
(1) Prequalification requirements for competitors.
(2) Public announcement procedures for solicitation of interested competitors.
(3) Scope of service requirements to be met by the successful competitor.
(4) Requirements for bid proposals submitted by competitors.
(5) Selection and process of an award by the chief engineer and execution of the contract by the secretary.
(6) The length of the initial contract and renewals of such contract.
D. The maintenance of the ferry shall be in compliance with safety standards prescribed by the department.
E. No contract for maintenance of the ferry shall be entered into unless the private contractor demonstrates that it has the qualifications, experience, financial strength, and personnel necessary to carry out the terms of the contract.
F. Any measure increasing the toll imposed by the provisions of this Section shall require the enactment of a law by a two-thirds vote of the elected members of each house of the legislature.
Acts 1999, No. 844, §1.
A. Effective July 1, 2008, no state funds shall be appropriated for operation and maintenance of the Dr. Martin Luther King, Jr. Ferry serving Monkey Island in Cameron Parish.
B.(1) The state, through the Department of Transportation and Development, hereinafter the "department", is authorized to transfer, donate, assign, and deliver title to the Dr. Martin Luther King, Jr. Ferry, without compensation, to the Cameron Parish governing authority. The secretary of the department may execute such documents necessary to properly effectuate such transaction, regardless of monetary consideration.
(2) Prior to any transfer of the ferry, the department and the Cameron Parish governing authority shall agree in writing that such transfer is conditioned upon agreement by the Cameron Parish governing authority to assume ownership and all maintenance and operational expenses of the ferry, and to continue to operate the ferry for the benefit of the residents of Monkey Island, Cameron Parish, and the state, for the lesser of three years or until such time as a bridge or alternate means of transportation across the old Calcasieu River channel is built and operational.
C. If, as of December 30, 2000, a transfer of the ferry has not occurred, then the state, through the department, may offer residents of Monkey Island adequate and just compensation for their land.
Acts 1999, No. 1075, §1; Acts 2001, No. 414, §1; Acts 2003, No. 469, §1; Acts 2004, No. 13, §1; Acts 2004, No. 597, §1.
Section 1. The following terms whenever used or referred to in this Part shall have the following meanings, except in those instances where the context clearly indicates otherwise:
(1) The term "Authority" shall mean any Bridge and Ferry Authority created pursuant to this Part.
(2) The term "bonds" shall mean and include the notes, bonds and other evidences of indebtedness or obligations which the authority is authorized to issue pursuant to the provisions contained in this Part.
(3) The term "construction" shall mean and include both acquisition and construction, and the term "to construct" shall mean and include "to acquire" and "to construct".
(4) The term "federal agency" shall mean and include the United States of America, the President of the United States of America, and any department of or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States of America.
(5) "State agency" shall mean the state of Louisiana and any department of or corporation, agency, political subdivision or instrumentality heretofore or hereafter created, designated or established by the state of Louisiana.
(6) The term "improvement" shall mean and include extension, enlargement and improvement, and the term "to improve" shall mean and include "to extend, enlarge and to improve", all in such manner as may be deemed desirable.
Acts 1958, No. 526, §1.
A. The legislature finds that in instances of public need and necessity, bridge and ferry authorities should be created and authorized to borrow money, make and issue negotiable notes, bonds, refund bonds, and incur other indebtednesses or obligations, and to enter into contracts, leases, or other transactions with any federal agency or state agency, pledge and assign their rights under any contracts, leases, or other transactions to secure the payment of bonds or other obligations incurred.
B. No bridge or ferry authority shall be created under the provisions of this Part without prior approval thereof by adoption or enactment of a legislative instrument by the legislature.
Added by Acts 1977, No. 627, §1, eff. July 20, 1977.
A. Whenever the governing body of one or more parishes desires to create an authority under this Part, a resolution shall be adopted by the parish or parishes to constitute the authority, signifying the intention to do so, and a certified copy of such resolution shall be delivered forthwith to the governor. Each such resolution shall set forth the exact purpose for which the authority is to be created and the name of the parish or parishes which will participate in and be represented on the authority. If the authority is composed of two or more parishes it shall be composed of one member from each parish which will participate in the authority, each such member to be appointed by the governor from a panel of three names to be submitted by the governing body of each such parish, and of an additional number of members to be appointed directly by the governor, such additional members to equal in number the aggregate of the members appointed from the aforesaid panels submitted by the parish governing bodies. If the authority is to be composed of only one parish it shall be composed of seven members who shall be appointed by the governor from a panel of not less than fourteen names submitted by the parish governing authority; provided, however, that, notwithstanding any other provision of law to the contrary, the Iberville Parish Bridge and Ferry Authority shall be composed of nine members. In addition, the State Department of Highways shall make and furnish to the Iberville Parish Bridge and Ferry Authority the results of a study to determine a feasible location within the vicinity of the city of Plaquemine for the constructing of a bridge across the Mississippi River.
If the authority is composed of two or more parishes, the members initially appointed from the panels submitted by the governing bodies of the parishes, as aforesaid, shall be appointed for terms of four years each, and if the members to be appointed directly by the governor are not more than two in number they shall be appointed for terms of five years each, while all additional members to be appointed directly by the governor shall be appointed for terms of six years each. If the authority is to be composed of only one parish, three of the initial members shall be appointed for terms of three years each, two of the members shall be initially appointed for terms of four years each and the remaining two for initial terms of five years each. At the expiration of the initial terms for all authorities, their successors shall be appointed for terms of six years each.
In the event any person so appointed ceases to be a member of the authority for any reason, his successor shall be appointed by the governor in the same manner and for the unexpired term of office. Each member shall be a citizen of the United States and a qualified voter and taxpayer of the State of Louisiana, and if the authority is composed of only one parish the members shall also be qualified voters and taxpayers in the parish where the authority is created.
In the event the governing body of any parish participating in the authority shall fail to submit a panel of names to the governor at the time of delivery to him of its resolution signifying its intention to create the authority, and also in the event any such governing body shall fail to submit a panel of names to the governor prior to the expiration of any term of its member from which the governor can appoint such member's successor, then, in either event, the governor shall appoint directly a member to represent such governing body on the authority.
B. In addition to the foregoing method of creating bridge and ferry authorities under this Part, whenever the governor shall deem it in the public interest to do so, he may, with approval thereof by adoption or enactment of a legislative instrument by the legislature, create a bridge and ferry authority under this Part which shall consist of one member from each parish to participate in and be represented on said authority and an equal number of members to be appointed at large, all to be appointed directly by the governor; provided that if the authority is composed of only one parish, it shall consist of three members from the parish, all to be appointed by the governor.
C. The authority shall elect from among its own members a chairman, a vice-chairman and a secretary-treasurer, whose respective duties shall be prescribed by the authority. The authority shall meet in regular session once each month, and shall also meet in special session at the call of the chairman or at the request of three members of the authority. A majority of the members shall constitute a quorum, and all actions or resolutions of the authority must be approved by the affirmative vote of not less than a majority of all members of the authority. The authority shall prescribe rules to govern its meetings and shall fix the place at which the meetings shall be held.
D. Each authority created hereunder is hereby declared to be a body corporate and politic, constituting an instrumentality of the State of Louisiana exercising public and essential governmental functions, and the exercise by the authority of the powers conferred by this Part in the acquisition, construction, operation and maintenance of bridges and ferries shall be deemed and held to be an essential governmental function of the State of Louisiana. The authority shall not be deemed to be a public utility and shall not be subject in any respect whatever to the authority, control or supervision of the Louisiana Public Service Commission. The authority shall possess all the powers provided in this Part, and such powers shall be exercised within the geographical limits of the parish or parishes constituting the authority.
E. Each member of an authority created hereunder shall be paid a per diem of twenty-five dollars for each day of attendance at meetings of the authority or on business for the authority at its direction.
Acts 1958, No. 526, §2. Amended by Acts 1969, No. 57, §1; Acts 1977, No. 627, §1, eff. July 20, 1977.
Repealed by Acts 2012, No. 866, §3, eff. Jan. 1, 2013.
Every authority incorporated under this Part shall be for the purpose of constructing or acquiring toll bridges and ferries to improve and extend the highway system of the State of Louisiana and, subject to the consent of the affected local governmental bodies, shall also be authorized to construct or acquire transit systems, terminals and in the case of the Mississippi River Bridge Authority such parking facilities as may be required on the west bank of the Mississippi River within its jurisdiction in connection with its toll bridges and ferries so as to supplement and augment the effectiveness of its bridges and ferries and better provide for the mass movement of people; provided, however, that no such authority shall construct a transit system, in competition with an existing transit system, nor shall any such authority expropriate any portion of an existing transit system unless the entire system is purchased. It is further provided that no State Department of Highways Long Range Highway Fund monies shall be pledged or used to finance any such transit systems and terminals or parking facilities. Every such authority is hereby granted and shall have and may exercise all powers necessary or convenient for the carrying out of said purposes, including, but without limiting the generality of the foregoing, the following rights and powers:
(1) To sue and be sued;
(2) To adopt, use and alter at will a corporate seal;
(3) To acquire, purchase, lease as lessee and hold and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the authority, and to sell, lease as lessor, transfer and dispose of any property or interest therein at any time acquired by it; provided, however, that title to all such property shall be taken in the name of the State of Louisiana;
(4) To acquire by purchase, lease or otherwise and to construct, improve, maintain, repair and operate toll bridges and ferries;
(5) To make by-laws for the management and regulation of its affairs;
(6) To appoint officers, agents, employees and servants; to prescribe their duties and to fix their compensation;
(7) To fix, alter, charge and collect fares and tolls, at reasonable rates to be determined exclusively by it, for the purpose of providing for the payment of the expenses of the authority, the construction, improvement, repair, maintenance and operation of its facilities and properties, the payment of the principal of and the interest upon its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers, or holders of any such obligations;
(8) To borrow money, make and issue negotiable notes, bonds, refunding bonds, and other evidences of indebtedness or obligations (herein called 'bonds') of the authority, said bonds to have a maturity date not longer than fifty (50) years from the date of issue, and to secure the payment of such bonds or any part thereof by pledge or deed of trust of all or any of its revenues and receipts, and including any funds that may be dedicated thereto by any state agency or federal agency, and to make such agreements with the purchasers or holders of such bonds or with others in connection with any such bonds, whether issued or to be issued, as the authority shall deem advisable, and in general, to provide for the security of said bonds and the rights of the holders thereof;
(9) To make contracts of every nature and to execute all instruments necessary or convenient for the carrying on of its business;
(10) Without limitation of the foregoing, to borrow money and accept grants from and to enter into contracts, leases or other transactions with any federal agency or state agency and to pledge and assign to secure its bonds any such grants, contracts, leases or other transactions.
(11) To acquire in the name of the State of Louisiana by purchase or otherwise on such terms and conditions and in such manner, with or without competitive bidding, as it may deem proper, or by expropriation, under the general expropriation laws of the state and under the provision of R.S. 19:51-19:66, any existing privately owned bridges or ferry franchises and systems and land or other property, servitude, and improvement on land, which it may determine is reasonably necessary for any bridge or ferry or for the relocation or reconstruction of any bridge or ferry by the authority under the provisions of this Part or for the construction of any approaches thereto, and any and all lands, title and interest in such lands, other property, servitudes and improvement on land; provided, however, that no property owned by or in which any parish, city, town, village or other political subdivision of the State of Louisiana has any right, title or interest, or parts thereof or rights therein, may be expropriated except with the consent of such parish, municipal corporation or political subdivision. After the authority has commenced operations on a tract of land without objection on the part of the landowner, the landowner may not prevent or retard the operations by any legal process, but shall be limited to an action for damages.
(12) To pledge, hypothecate or otherwise encumber all or any of the receipts of the authority as security for all or any of the obligations of the authority;
(13) To do all acts and things necessary or convenient for the promotion of its business and the general welfare of the authority, or to carry out the powers granted to it by this Part or any other laws;
(14) To contract with any adjoining state or with any public agency or agencies of an adjoining state upon such terms as the authority shall deem proper for the acquisition, construction, and operation of any bridge or ferry which is partly in this state and partly in such adjoining state;
(15) To enter into contracts or group insurance for the benefit of its employees and to set up a retirement or pension fund for such employees. Every bridge and ferry authority authorized, created or incorporated pursuant to Act No. 7 of 1952, as amended and supplemented, shall have all of the supplemental and additional powers provided by R.S. 48:1091 through 48:1107 (Act No. 526 of 1958 as amended).
Acts 1958, No. 526, §3. Amended by Acts 1962, No. 413, §1; Acts 1966, No. 413, §1.
NOTE: TEXT OF FIRST PARAGRAPH OF §1094 AS AMENDED BY ACTS 1968, NO. 269, §1:
The bonds of any authority shall be authorized by a resolution of the board thereof and shall be of such series, bear such date or dates, mature at such time or times not exceeding fifty years from their respective dates, bear interest at any such rate or rates not exceeding six per centum per annum, payable semi-annually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred and five percent of the principal amount thereof, and be entitled to such priorities in the revenues or receipts of the authority as such resolution or resolutions may provide. The bonds shall be signed by such officers as the board shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officer or officers of the authority as the board shall designate. Any such bonds may be issued and delivered notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered. Said bonds shall be sold to the highest bidder, at public sale, at not less than a price creating an interest cost for the money received for such bonds, figured to maturity of the bonds, of six per centum per annum, payable semi-annually, after advertisement at least once a week, for not less than thirty days, by said authority in New Orleans, Chicago, New York and such other places as said authority may determine, reserving to said authority the right to reject any and all bids. In the event the authority rejects all bids, it shall have the right to readvertise for new bids or to negotiate publicly with the bidding groups, and to sell the bonds on terms more advantageous than the best bid submitted.
NOTE: TEXT OF FIRST PARAGRAPH OF §1094 AS AMENDED BY ACTS 1968, NO. 290, §1:
The bonds of the authority shall be authorized by a resolution of the authority and shall be of such series, bear such date or dates, mature at such time or times not exceeding fifty years from their respective dates, bear interest at any such rate or rates not exceeding six per centum per annum, payable semi-annually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred and five per cent of the principal amount thereof, and be entitled to such priorities in the revenues or receipts of the authority as such resolution or resolutions may provide. The bonds shall be signed by such officers as the authority shall determine, and coupon bonds shall have attached thereto1 officer or officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered. Said bonds shall be sold to the highest bidder, at a public sale, at not more than a price creating an interest cost for the money received for such bonds, figured to maturity of the bonds, of six per centum per annum, payable semi-annually, after advertisement at least once a week, for not less than thirty days, by said authority in New Orleans, Chicago, New York and such other places as said authority may determine, reserving to said authority the right to reject any and all bids. In the event the authority rejects all bids, it shall have the right to readvertise for new bids or to negotiate publicly with the bidding groups, and to sell the bonds on terms more advantageous than the best bid submitted.
In the event that no bids are submitted, the authority shall have the right to sell the bonds on the best terms it can negotiate, or to readvertise for new bids as provided herein. Pending the preparation of definitive bonds, temporary bonds may be issued to the purchaser or purchasers thereof, which may contain such terms and conditions as the authority may determine.
Any resolution authorizing bonds may contain provisions which shall be part of the contract with the holders thereof, as to (1) pledging the full faith and credit of the authority (but not of the State of Louisiana or of any political subdivision thereof) for the payment of such obligations or restricting the same to all or any of the revenues of the authority from all or any of its properties, (2) the construction, improvement, operation, extension, enlargement, repair and maintenance of its properties and the duties of the authority with reference thereto, (3) the terms and provisions of the bonds, (4) limitations upon the purpose to which the proceeds of the bonds then or thereafter to be issued shall be devoted, (5) the rate of tolls, fares and other charges for use of the facilities of or for the services rendered by the authority, (6) the setting aside of reserves or sinking funds and the regulation and disposition thereof, (7) limitations on the issuance of additional bonds, (8) the terms and provisions of any deed of trust or indenture securing the bonds, or under which the same may be issued, and (9) any other or additional agreements with the holders of the bonds.
The authority may enter into any deeds of trust, indentures or other agreements with any bank or trust company or other person or persons in the United States having power to enter into the same, including any state or federal agency, as security for such bonds, and may assign and pledge all or any of the revenues or receipts of the authority thereunder; provided however, that the authority shall have no power to mortgage or to create any lien upon the properties operated or controlled by it. Such deed of trust, indenture or other agreement, may contain such provisions as may be customary in such instruments, or as the authority may authorize, including (but without limitation) provisions as to (1) construction, improvement, operation, maintenance and repair of any bridge or ferry and the duties of the authority with reference thereto, (2) the application of funds and the safeguarding of funds on hand or on deposit, (3) the rights and remedies of said trustee and of the holders of the bonds (which may include restrictions upon the individual right of action of such bondholders) and, (4) the terms and provisions of the bonds or the resolution authorizing the issuance thereof. No such deed of trust, indenture or other agreement need be filed or recorded except in the records of the authority.
The authority may provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this Part, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds and, in its discretion, for the additional purpose of constructing improvements, extensions or enlargements to any facility then operated by the authority or for the payment of all or any part of the cost of any new or other facilities, including bridges and ferries. The issuance of such bonds for any one or more such purposes, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the authority in respect thereof shall be governed by the provisions of this Part so far as the same may be applicable.
Acts 1958, No. 526, §4. Amended by Acts 1968, No. 269, §1; Acts 1968, No. 290, §1.
1As it appears in the enrolled bill. Apparently the following words of the prior law were inadvertently omitted from the 1968 amendment: "interest coupons bearing the facsimile signatures of such officer or officers as the authority shall designate. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the"
For a period of sixty days from the date of the adoption by the authority of a resolution authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue or the indenture authorized by any such resolution for any cause; after which time no one shall have any cause or right of action to contest the legality of said resolution or indenture or of the bonds authorized thereby for any cause whatsoever. If no suit, action or proceeding is begun contesting the validity of the bond issue within the sixty days herein prescribed, the authority to issue the bonds, the legality thereof and of all the provisions of the resolution authorizing the issuance of the bonds and of any indenture executed to secure the payment thereof, shall be conclusively presumed, and no court shall have authority to inquire into such matters.
Such bonds shall have all the qualities of negotiable instruments under the law merchant and the negotiable instruments law of the state of Louisiana.
Acts 1958, No. 526, §5.
The rights and remedies herein conferred upon or granted to the bondholders, shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolutions providing for the issuance of bonds, or by any deed or trust, indenture or other agreement under which the same may be issued. In the event the authority shall default in the payment of principal or interest on any of the bonds after the said principal or interest shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event the authority shall fail or refuse to comply with the provisions of this Part, or shall default in any agreement made with the holders of the bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the bondholders for the purpose herein provided.
Such trustee and any trustee under any deed of trust, indenture or other agreement, may, and upon written request of the holders of twenty-five percentum (or such other percentage or percentages as may be specified in any deed of trust, indenture, or other agreement aforesaid) in principal amount of the bonds then outstanding, shall, in his or its own name:
(1) by mandamus or other civil action or proceeding enforce all rights of the bondholders, including the right to require the authority to collect rates, rentals and other charges adequate to carry out any agreement as to or pledge of the revenues or receipts of the authority, and to require the authority to carry out any other agreements with or for the benefit of the bondholders, and to perform its duties under this Part,
(2) bring suit upon the bonds,
(3) require the authority to account as if it were the trustee of any express trust for the bondholders,
(4) enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders.
Any trustee when appointed as aforesaid, or acting under a deed of trust, indenture or other agreement, shall be entitled as of right to the appointment of a receiver, who may enter and take possession of the facilities of the authority or any part or parts thereof, the revenues or receipts from which are or may be applicable to the payment of the bonds, and operate and maintain the same, and collect and receive all tolls, fares or other revenues thereafter arising therefrom in the same manner as the authority might do, and shall deposit all such moneys in a separate account and apply the same as the court shall direct. In any civil action or proceeding by the trustee, the fees, counsel fee, expenses of the trustee and of the receiver, if any, and all costs and disbursements allowed by the court shall be a first charge on any revenues and receipts derived from the facilities of the authority, the revenues or receipts from which are or may be applicable to the payment of the bonds. The trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the bondholders in the enforcement and protection of their rights.
Nothing in this Part shall authorize any receiver appointed pursuant to this Part for the purpose of operating and maintaining any facilities of the authority, to sell, assign, mortgage or otherwise dispose of any of the assets of whatever kind and character of the authority. It is the intention of this Part to limit the powers of such receiver to the operation and maintenance of the facilities of the authority as the court shall direct, and no holder of bonds of the authority or any trustee shall ever have the right in any civil action or proceeding to compel a receiver, nor shall any receiver ever be authorized or any court be empowered to direct the receiver to sell, assign, mortgage or otherwise dispose of any assets of the authority of whatever kind or character.
Acts 1958, No. 526, §6.
The authority shall have power to construct roads, grade separations at intersections of any bridge or ferry with public highways and so to change and adjust the lines and grades of the public highways so as to accommodate the same to the design of such grade separation. The cost of such grade separation and any damage incurred in changing and adjusting the lines and grades of such highways shall be ascertained and paid by the authority as part of the cost of such bridge or ferry.
If the authority shall find it necessary to change the location or any portion of any public highway in the parishes constituting the authority, it shall cause the same to be reconstructed at such location as the authority shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of such reconstruction and any damage incurred in changing the location of any highway shall be ascertained and paid by the authority as part of the cost of such bridge or ferry.
Any public highway affected by the construction of any bridge or ferry hereunder may be vacated or relocated by the authority in the manner now provided by law for the location or relocation of public roads, and any damages awarded on account thereof shall be paid by the authority as a part of the cost of such bridge or ferry.
In addition to the foregoing powers the authority and its authorized agents and employees may enter into any lands, waters and premises in the parishes constituting the authority for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this Part, and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may then be pending. The authority may make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities.
The authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called "public utility facilities") of any public utility in, on, along, over or under any bridge over which it has jurisdiction. Whenever the authority shall determine that it is necessary that any such public utility facilities which now are or hereafter may be, located in, on, along, over or under any such bridge shall be relocated in connection with such bridge, or should be removed from the site of such bridge, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the authority; provided, however, that the cost and expense of such relocation or removal, including the cost of installing such facilities in a new location, or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish such relocation or removal, shall be ascertained and paid by the authority as a part of the cost of such bridge. In case of any such relocation or removal of facilities, as aforesaid, the public utility owning or operating the same, or its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations.
Acts 1958, No. 526, §7.
No member of the authority or officer or employee thereof shall, either directly or indirectly, be a party to or in any manner interested in any contract or agreement with the authority for any matter, cause or thing whatsoever by reason whereof any liability or indebtedness shall in any way be created against the authority. If any contract or agreement shall be made in violation of the provisions of this Section, the same shall be null and void, and no action shall be maintained thereon against such authority.
Nothing in this Part shall be construed to limit the power of the authority to construct, repair or improve any bridge or ferry or portion thereof, or any addition, betterment or extension thereto, directly by the officers, agents and employees of the authority, or by contract; nor shall this section apply to contracts for legal, engineering, auditing, accounting or other professional services.
Acts 1958, No. 526, §8.
The exercise of the power granted by this Part will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of bridges and ferries by the authority will constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon any bridge or ferry or any property acquired or used by the authority under the provisions of this Part, or upon the income therefrom, and any bridge or ferry or other property acquired or used by the authority under the provisions of this Part and the income therefrom, and the bonds issued under the provisions of this Part and the income therefrom shall be exempt from taxation by the state of Louisiana and by any parish, municipality or political subdivision of the state.
Acts 1958, No. 526, §9.
Savings banks, insurance companies, homestead associations, tutors, curators, trustees and other fiduciaries may invest the funds in their hands in the bonds issued by the authority, and the bonds shall constitute legal investment for such funds. The authority shall not be liable to beneficiaries, minors, wards or interdicted persons for moneys paid to their trustees, tutors or curators on account of such bonds. Said bonds may be used for deposit with any officer, board, municipality or other political subdivision of the state in any case where, by present or future laws, deposit or security is required.
Acts 1958, No. 526, §10.
Each bridge and ferry, when acquired or constructed by the authority and opened to traffic shall be maintained and kept in good condition and repair by the authority, and shall be policed and operated by such force of police, toll-takers and other operating employees as the authority may in its discretion employ. The authority may, however, contract with any state agency authorized by law to enter into such a contract for the operation and maintenance of such bridge or ferry upon such terms and conditions as may be stipulated in such contract not inconsistent with the covenants made by the authority with the holders of its bonds.
Acts 1958, No. 526, §11.
Repealed by Acts 2012, No. 866, §3, eff. Jan. 1, 2013.
A.(1) The transit lanes on the Greater New Orleans Mississippi River Bridges No. 1 and No. 2 shall be opened to vehicular traffic classified as "high occupancy vehicle two" or "HOV 2". These transit lanes shall be designated as one-way roadways, with the traffic proceeding to the downtown area in the morning and traffic proceeding to the Westbank in the afternoon in accordance with the rules and regulations promulgated by the Crescent City Connection and Department of Transportation and Development.
(2) The Department of Transportation and Development and the Crescent City Connection may charge as tolls a use permit fee which shall be priced lower than the established tolls to encourage carpooling. The Department of Transportation and Development and the Crescent City Connection may promulgate rules and regulations concerning the implementation and costs of said permits.
B. However, the provisions of this Section shall be implemented in accordance with the rules and regulations of appropriate federal agencies.
Acts 1997, No. 748, §1.
The parishes within the authority and all cities, towns, villages and other political subdivisions therein and all public departments, agencies and commissions of the state of Louisiana, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, rent, grant or convey to the authority at its request and without the necessity of any advertisement, order of court or other action or formality other than the regular and formal action of the authorities concerned, any real or personal property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads and other real property already devoted to public use.
Acts 1958, No. 526, §12.
On or before the ninetieth day succeeding the end of each fiscal year of the authority, it shall make an annual report of its activities for the preceding fiscal year to the governor of Louisiana. Each such report shall set forth a complete operating and financial statement covering its operations during the year. Copies of such report shall likewise be furnished to such other persons as may be named in the resolution or indenture under or pursuant to which any outstanding bonds of the authority may have been issued. The authority shall cause an audit of its books and accounts to be made at least once each year by certified public accountants at the time and in the manner prescribed in any resolution or indenture under or pursuant to which any outstanding bonds of the authority may have been issued, and, otherwise, as the authority may by resolution prescribe and the cost thereof shall be deemed part of the cost of the operation of its facilities; provided, however, that during the period of construction of any bridge or ferry the cost of such audit and of the preparation of the annual report herein provided for, may be deemed a part of the construction cost.
Acts 1958, No. 526, §13.
When all bonds issued under the provisions of this Part as amended secured by the tolls or revenues of any one or more bridges or ferries and the interest thereon shall have been paid, or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, tolls or fares may be charged by the authority for the use of such bridge or ferry only to the extent necessary to provide for the annual expense of the maintenance and operation thereof; provided, however, that if the Department of Highways shall have theretofore or shall thereafter accept such bridge or ferry as part of the state highway system, after the satisfaction of claims of the bondholders as aforesaid, such bridge or ferry shall be maintained by the Department of Highways free of tolls.
Acts 1958, No. 526, §14. Amended by Acts 1968, No. 269, §2.
A. The Crescent City Connection division, within the Department of Transportation and Development, may establish high occupancy toll lanes on the Crescent City Connection as provided in this Section.
B. The high occupancy toll lanes shall give a reduced toll or free passage to buses, and to carpool vehicles with three or more occupants in accordance with rules and regulations to be adopted by the Crescent City Connection division of the Department of Transportation and Development.
Acts 1997, No. 1462, §1.
The state of Louisiana hereby pledges to and agrees with the holders of bonds issued by the authority under the provisions of this Part, that it will not limit or alter the rights hereby vested in the authority until all bonds of the authority at any time issued, together with the interest thereon, are fully met and discharged.
Acts 1958, No. 526, §15.
The foregoing sections of this Part shall be deemed to provide an additional and alternative method for the doing of things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing except as otherwise provided herein; provided, however, that the issuance of bridge revenue bonds or refunding bonds under the provisions of this Part need not comply with the requirements of any other law applicable to the issuance of bonds.
Acts 1958, No. 526, §16.
Repealed by Acts 1999, No. 898, §1, eff. July 2, 1999.
The following terms whenever used or referred to in this Part shall have the following meanings except in those instances where the context clearly indicates otherwise:--
(a) "Bridge" means a toll bridge over navigable water operated by a bridge and ferry authority, and includes a ferry or ferries operated by such authority.
(b) "Authority" means a bridge and ferry authority organized as a public corporation under the laws of the state of Louisiana for the construction, maintenance and operation of toll bridges and ferries.
(c) "Construction" includes acquisition by purchase or otherwise.
(d) "Department" means the department of highways created by R.S. 48:11 or such other agency or agencies which may hereafter exercise the powers now vested in the Department.
(e) "Louisiana Public Service Commission" means the commission created by Const. 1921, Art. 6, §3 or such other agency or agencies which may hereafter exercise the powers now vested in said commission.
Acts 1952, No. 8, §1.
The department of highways is hereby authorized to enter into contracts with bridge and ferry authorities, organized under the laws of the state of Louisiana, for the construction, maintenance and operation of bridges and ferries by such authority, which contracts shall be binding upon the department and the state of Louisiana.
Acts 1952, No. 8, §2.
Every bridge to be constructed in pursuance of such contract shall be constructed according to standards of safety prescribed by the department of highways; provided, however, that the department shall not be required to approve the plans and specifications for such bridge except to the extent necessary for public safety.
Acts 1952, No. 8, §3.
If such bridge shall be designated a part of the state highway system, by order of the director of highways approved by the board of highways, the department of highways may contract to construct any highways necessary to connect the bridge with the state highway system, including the approaches to such bridge, and to pay the cost of such connecting highway or highways and approaches out of the moneys in the state highway fund, and the department of highways may further contract that after such bridge shall be opened for traffic it will maintain and operate such bridge, subject to any covenants which may have been made by the authority with the holders of bonds issued by such authority to provide for the cost of construction of such bridge.
Said contract shall define the location and extent of the connecting highways and the approaches to such bridge with reasonable certainty and the determination so made in said contract shall be conclusive and binding upon the parties thereto, upon the state and upon all other persons; provided, however, that the state highway department and the Authority may, by amendment to such contract, provide for the construction of additional approaches and highway connections to such bridge, and for the payment of the cost of construction of such additional connecting highways and approaches, subject to any covenants which may have been made by the Authority with the holders of any of its outstanding bonds.
Acts 1952, No. 8, §4.
The department of highways in any such contract may contract on behalf of itself and the state of Louisiana that neither the state, the department of highways, nor any subdivision of the state, shall permit the construction or operation of any other bridge within such distance of such bridge as shall be specified in the contract between the department and the Authority, or which in any manner conflicts with the terms of such contract.
Acts 1952, No. 8, §5.
Neither the state of Louisiana, nor any subdivision thereof, the Louisiana public service commission, or any other political subdivision or agency of the state, shall interfere in any manner with the maintenance and operation of the bridge, whether as to the tolls charged for the use thereof or otherwise, except in so far as may be necessary for the public safety or to enforce compliance with the contract between the department of highways and the authority. No bridge which shall be the subject of such a contract shall be deemed to be a public utility, and no such bridge shall be subject in any manner to the jurisdiction of the Louisiana public service commission.
Acts 1952, No. 8, §6.
The provisions of this Part and of any contract entered into under the authority hereof, shall constitute a contract between the state, the department, the authority which is a party to such contract, and the holders of any bonds, notes or other obligations of such authority. The holder or holders of any such bonds, notes or other obligations, may enforce the performance of such contract by appropriate action or civil proceeding. The validity of such contract or of any provision thereof shall not be questioned by any person in any action or civil proceeding after the expiration of sixty days from the date of its execution.
Acts 1952, No. 8, §7.
Whenever all indebtedness incurred by an Authority, including interest thereon, shall have been fully paid and satisfied, or duly provided for in the manner specified in the resolution, indenture, agreement or other proceedings under or pursuant to which such indebtedness was incurred, the Department of Highways may continue the operation of such bridge as a toll bridge, and may charge tolls for the use thereof at such rates as it shall exclusively determine, until all advances made from the State Highway Fund with respect to such bridge, including the cost of construction of connecting highways and approaches thereto, shall have been refunded to the State Highway Fund or, in the discretion of the Department of Highways, it may thereupon operate such bridge as a free bridge. After all such advances have been refunded to the State Highway Fund, the said bridge shall be operated as a toll free bridge; provided, however, if an authority pursuant to law constructs and operates more than one bridge and secures indebtedness incurred by the authority to pay the cost of construction of one or more of such bridges, including the interest thereon, by a pledge of all or part of the combined tolls, charges and fares derived by the authority from its operation of such bridges, or any of them, and any other funds and revenues received by the authority pursuant to law, all such bridges, the combined tolls and other revenues of which are pledged to the payment of such indebtedness, shall be operated by such authority as toll bridges until all such indebtedness, including interest thereon, shall have been fully paid or satisfied, or duly provided for in the manner specified in the resolution, indenture, agreement or other proceedings under or pursuant to which such indebtedness was incurred. When an authority deems it necessary and advisable in the public interest and pursuant to law to undertake the construction of an additional bridge or bridges and to pay the cost of construction thereof by incurring indebtedness secured by a pledge of all or any part of the combined tolls, charges and other funds and revenues of such authority, the Department of Highways is authorized and directed to enter into amendments and modifications of any existing contract or contracts previously entered into with such authority pursuant to this Part if such amendment and modification is required in order to permit the operation of all or any of such bridges as toll bridges until all such indebtedness shall have been fully paid and satisfied, or duly provided for.
Acts 1952, No. 8, §8. Amended by Acts 1968, No. 270, §1.
In order to merge and consolidate into one department the duties and functions that are of a similar nature or character, under authority of Section 32 of Article III of the Constitution of Louisiana of 1921, the Ascension-St. James Bridge and Ferry Authority, the Iberville Parish Bridge and Ferry Authority, the Pointe Coupee-West Feliciana Bridge and Ferry Authority, and the St. Charles-St. John the Baptist Bridge and Ferry Authority are hereby abolished, effective January 1, 1973, and all of the powers, duties, functions, immunities, restrictions and exemptions from taxation under any laws, and particularly under the effective provisions of Act 7 of 1952, Act 526 of 1958, Act 555 of 1966, Act 413 of 1962, Act 413 of 1966, Act 269 of 1968, Act 290 of 1968, Act 57 of 1969 and R.S. 48:1151-1158 are transferred to the State Board of Highways and Department of Highways, effective January 1, 1973, and after said date the board of highways shall have and exercise all of the executive and administrative functions provided for by the constitution or laws with respect to the authorities herein abolished and with respect to the officers and members of such authorities.
Added by Acts 1972, No. 726, §1; Acts 2012, No. 866, §2, eff. Jan. 1, 2013.
The Mississippi River Bridge Authority is hereby abolished, effective January 1, 2013, and all of its powers, duties, functions, immunities, restrictions, and exemptions from taxation under any laws and particularly under the effective provisions of Act 7 of 1952, Act 402 of 1976, Act 204 of 1980, Act 329 of 1981, Act 522 of 1984, Act 762 of 1988, and Act 315 of 1989, are transferred to the Department of Transportation and Development effective January 1, 2013, and after such date the department shall have and exercise all of the executive and administrative functions provided for by the constitution or laws with respect to the Mississippi River Bridge Authority herein abolished.
Acts 2012, No. 866, §2, eff. Jan. 1, 2013.
A. Upon the final payment on any public indebtedness issued by the Mississippi River Bridge Authority or the Crescent City Connection Division of the Department of Transportation and Development, all books, papers, records, actions, and other property and improvements thereon, both movable and immovable, heretofore owned, possessed, controlled, or used by the Mississippi River Bridge Authority or the Crescent City Connection Division of the Department of Transportation and Development in the exercise of functions of those bodies are hereby transferred to the department. All books, papers, and records transferred to the department pursuant to this Section or as a result of the Act originating as Senate Bill 599 of the 2012 Regular Legislative Session* shall be retained for a period of no less than five years following such transfer.
B. There is hereby created, as a special fund in the state treasury, the Crescent City Transition Fund, hereinafter referred to as the "fund". The source of monies for the fund shall be amounts paid to the Mississippi River Bridge Authority pursuant to Sections 4.21 and 12.1 of the Amended and Restated Indenture and Deed of Trust between the Secretary of the Department of Transportation and Development (Acting in the Name of and on Behalf of the Mississippi River Bridge Authority) and Bank One Trust Company, N.A., dated November 1, 2002, or funds possessed, controlled, or due to the Mississippi River Bridge Authority or the Crescent City Connection Division of the Department of Transportation and Development.
C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, an amount equal to that deposited into the state treasury from the foregoing sources shall be deposited in and credited to the fund. The monies in the fund shall be invested by the treasurer in the same manner as the state general fund, and interest earnings shall be deposited into the fund. All unexpended and unencumbered monies remaining in the fund at the end of each fiscal year shall remain in the fund.
D. Monies in the fund shall be appropriated as follows:
(a) The first four million dollars of monies deposited in the fund shall be appropriated for use by the Department of Transportation and Development, hereinafter referred to as the "department", for the purpose of capitalizing ferry service formerly operated by the Crescent City Connection Division in the Marine Trust Program. One million four hundred thousand dollars of such funds available for such ferry service shall be appropriated and available for ferry operation costs, such funds to be appropriated annually in the amount of seven hundred thousand dollars for the fiscal years beginning July 1, 2013, and July 1, 2014.
(b) An amount not to exceed twenty percent of the funds collected and deposited into the fund pursuant to the toll violation amnesty program required to be established pursuant to R.S. 47:7013.1(B) shall be appropriated to the department for its costs incurred to implement the program.
(c) The balance of the monies in the fund shall be appropriated to the New Orleans Regional Planning Commission for lighting of the eastbank and westbank approaches to the Crescent City Connection Bridge including General DeGaulle and the Westbank Expressway approach through ground level, improvements to ingress and egress points, lighting, maintenance, grass cutting, and landscaping of the Westbank Expressway and connecting arteries.
E. As used in this Section, the "Mississippi River Bridge Authority" shall mean the Mississippi River Bridge Authority originally created as a body politic and corporate of the state under the authority of Act No. 7 of 1952 and transferred to and incorporated within the Department of Transportation and Development under the Executive Reorganization Act of Louisiana, as amended, and called and operated as the Crescent City Connection Division of the Department of Transportation and Development.
Acts 2012, No. 866, §2, eff. Jan. 1, 2013; Acts 2013, No. 274, §2, eff. June 13, 2013.
*Acts 2012, No. 866.
A. Under the transfer of functions provided for by this part, any pending or unfinished business of any of said authorities shall be taken over and be completed by the board of highways with the same power and authority as the authorities from which the functions are transferred. The board shall be the successor in every way to the authorities from which such functions are transferred, and every act done in the exercise of such functions by the board or under its authority shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this merger, consolidation and transfer as if done by the authorities from which such functions are transferred.
B. Whenever any authority from which functions are transferred hereby is referred to either as an authority or by other reference or designated by name by the constitution or by any law or contract or other document, such reference or designation shall be deemed to apply to the board of highways, and the legislature hereby specifically states that the provisions of this part are in no way and to no extent intended to nor shall they be construed in any manner which will impair the contractual obligations of any authority heretofore existing, or of the State of Louisiana.
It is hereby specifically provided that all such obligations hereafter shall be deemed to be the obligations of the board of highways to the same extent as if originally made by it. In like manner, and in order to prevent any violation of the provisions, terms or conditions of any gift, donation, deed, will, trust or other instrument or disposition by which property of any nature or description has been vested in any authority affected by this merger, consolidation and transfer, or diversion from the purposes for which such property was donated, deeded, devised or bequeathed or otherwise vested in any such agency, it is hereby specifically provided that each and every such instrument or disposition hereafter shall be deemed to have been vested in the board of highways in the same manner and to the same extent as if originally so done. In addition, the provisions of this part shall not be construed or applied in such a way as to prevent full compliance by the state or any agency thereof with the requirements of any Act of the Congress of the United States or any regulation made thereunder by any officer or agency of the federal government by which federal aid or other federal assistance from the United States has been or is hereafter made available to this state or any subdivision or agency thereof, anything contained in this part to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the board of highways.
Added by Acts 1972, No. 726, §1.
All books, papers, records, money, choses in action and other property heretofore possessed, controlled or used by any authority in the exercise of functions herein transferred are hereby transferred to the board of highways.
Added by Acts 1972, No. 726, §1.
The board of highways shall be the successor in every way to the authorities from which the functions are transferred, and shall be the successor to all the obligations and debts of the authorities herein abolished. All funds dedicated to the payment of bonds issued for bridges, ferries, roads, facilities and improvements formerly under the control of the authorities herein abolished and whose powers, duties and functions are hereby transferred shall continue to be collected and dedicated to the payment of such bonds, and in like manner all other dedications and allocations of revenues and sources of revenues shall continue, unless otherwise hereafter provided by the constitution or laws, in the same manner, to the same extent and for the same purposes as were provided by law prior to the enactment of this part.
Added by Acts 1972, No. 726, §1.
The board of highways is designated as the sole agency for accepting and administering any and all federal funds awarded or allocated to the State of Louisiana for any purpose covered by any provision of this part and for carrying out the purposes of any federal law concerning bridges, ferries and functions and operations covered by this part.
Added by Acts 1972, No. 726, §1.
All employees heretofore engaged in the performance of duties for any authority in the exercise of functions transferred by this part to the board of highways shall be transferred with such functions to the board of highways to the full extent necessary and practicable to carry out the purposes of this part and shall, so far as practicable, continue to perform the duties heretofore performed, subject to the state civil service law.
Added by Acts 1972, No. 726, §1.
The merger, consolidation and transfer of functions provided for by this part shall take effect and become operative on January 1, 1973, and it is hereby specifically provided that on said date any appropriations made at this 1972 regular session of the legislature, or any funds otherwise made available, to any authority to carry out the functions herein transferred shall follow the functions and activities herein transferred and shall be transferred to the board of highways for use by the board in carrying out the functions and activities herein transferred to it.
Added by Acts 1972, No. 726, §1.
The merger, consolidation and transfer of functions provided for by this Part shall take effect and become operative on January 1, 2013.
Acts 2012, No. 866, §2, eff. Jan. 1, 2013.
This Chapter shall be known and may be cited as the "Louisiana Expressway Law."
Acts 1954, No. 232, §1.
The purpose of this Chapter is to facilitate vehicular traffic, diminish the present handicaps and hazards and promote safety on the congested highways in Louisiana and to make possible the construction of modern express highways, and to carry out said purpose the Louisiana Expressway Authority (hereinafter created) is hereby authorized and empowered to construct, maintain, repair and operate expressway projects (as hereinafter defined) at such locations as may be approved by the department of highways and the Governor, and to issue expressway revenue bonds of said authority, payable solely from revenues, to pay the cost of such projects. It is the further purpose of this Chapter to prohibit the construction, maintenance, repair or operation of any toll expressway project by any subdivision of the government of the state of Louisiana, or any combination of such subdivisions, subsequent to the enactment of this law, except upon specific authorization by the Louisiana Expressway Authority of the state of Louisiana; provided nothing herein shall affect the status of toll bridges, causeways, expressways, tunnels or similar projects heretofore specifically authorized by law or the Constitution or which may be constructed by any authority organized pursuant to R.S. 48:1091-48:1107; provided, further, nothing herein shall affect the inherent constitutional and statutory authority vested in the parishes of Jefferson and St. Tammany, individually or in concert, to construct the Greater New Orleans Expressway as heretofore or hereafter authorized by said parishes, the right of said parishes to construct the Greater New Orleans Expressway being hereby expressly reserved; and provided further that nothing in this Section shall affect or be applicable to the highway project between U.S. Highway No. 61 near Lutcher or Gramercy and U.S. Highway No. 90 at Lafayette as described in the agreement executed as of September 1, 1953, by and between the Department of Highways of the state of Louisiana and the parishes of Ascension, Iberville, Lafayette, St. James, and St. Martin.
Acts 1954, No. 232, §2.
As used in this Chapter the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(1) "Authority" shall mean the Department of Transportation and Development.
(2) "Project" or "expressway project" shall mean any limited access express highway, bridge, tunnel, approach or facility thereto constructed or to be constructed under the provisions of this Chapter, including but not limited to bridges, tunnels, overpasses, underpasses, traffic circles, interchanges, feeder roads, landscaping, entrance plazas, approaches, toll houses, service areas, communication facilities, such facilities for motor fuel and food as the authority may deem necessary or desirable, and administration, storage and other buildings which the authority may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the authority for the construction or the operation of such project.
(3)(a) "Cost" as applied to an expressway project shall embrace the cost of construction, the cost of acquisition of all land, rights of way, property, rights, easements and interests acquired by the authority for such construction, the cost of all machinery and equipment, financing charges, interest prior to and during construction and, if considered advisable by the authority, for one year after completion of construction, cost of traffic estimates and of engineering and legal expenses, plans, specifications, surveys, estimates of cost and revenues, other expenses necessary or incident to the construction of a project, the financing of such construction and the placing of the project, the financing of such construction and the placing of the project in operation;
(b) Any obligation or expense incurred by the Louisiana Department of Highways, or its successor, prior or subsequent to July 28, 1954, for traffic surveys, borings, surveys, preparation of plans and specifications, and other engineering services in connection with the determination as to whether or not an expressway project should be constructed in Louisiana shall be regarded as a part of the cost of the project authorized by R.S. 48:1252, and shall be reimbursed to the Department of Transportation and Development out of the proceeds of expressway revenue bonds hereinafter authorized.
(4) "Owner" shall include all individuals, co-partnerships, associations or corporations, and all parishes, political subdivisions, municipalities and all public agencies and officers of the state of Louisiana having any title or interest in any property, rights, easements and interests authorized to be acquired by this Chapter.
(5) "Bonds" or "revenue bonds" shall mean bonds of the authority authorized under the provisions of this Chapter.
(6) "Feeder road" shall mean any road which in the opinion of the authority is necessary to create or facilitate access to a project.
(7) "Public roads" shall include all public highways, roads and streets in the state, whether maintained by the state, parish, other political subdivision, city, or town.
(8) "Revenues" shall mean all tolls, charges, rentals, gifts, grants, moneys, and all other funds coming into the possession or under the control of the authority by virtue of the provisions hereof, except the proceeds from the sale of bonds issued under this Chapter.
(9) The following definitions shall be applicable to the alternate methods of routing an express toll highway between Shreveport and Alexandria:
(a) "West bank segment" shall mean a limited access express toll highway to be located in a corridor extending from the Shreveport area near or at Interstate Route 20 and proceeding southward along the west bank of Red River and terminating in the vicinity of Alexandria.
(b) "East bank segment" shall mean a limited access express toll highway to be located in a corridor extending from the Shreveport area near or at Interstate Route 20 and proceeding southward wholly or primarily on the east bank of the Red River.
Acts 1954, No. 232, §3. Amended by Acts 1970, No. 247, §2; Acts 1977, No. 220, §1, eff. July 7, 1977.
Repealed by Acts 1977, No. 220, §2, eff. July 7, 1977.
The authority shall have the following powers:
(1) To adopt by-laws for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal;
(3) To maintain an office at such place or places within the state as it may designate;
(4) To sue and be sued in its own name;
(5) To construct, maintain, repair and operate expressway projects;
(6) To determine the location, subject to the approval of the governor, of expressway projects, and to determine, in its discretion and without reference to any other provision of this Chapter or any other law, the design standards and the materials of construction.
(7) To issue expressway revenue bonds of the authority, payable solely from revenues, and to refund its bonds, as provided in this Chapter;
(8) To fix and revise from time to time and charge and collect tolls or other charges for transit over or use of any project;
(9) To establish rules and regulations for the use of any project;
(10) To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter;
(11) To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land and other property, which it may determine is reasonably necessary for any project or for the relocation or reconstruction of any public road by the authority under the provisions of this Chapter or for the construction of any feeder road as defined herein, and any and all rights, title and interest in such land and other property, including public lands, parks, playgrounds, reservations, roads or parkways, owned by or in which any parish, political subdivision, city, town, village, public agency or officer of the state of Louisiana has any right, title or interest, or parts thereof or rights therein and fee simple absolute or lesser interest in private property, and any fee simple absolute in, easements upon, or the benefit of restrictions upon, abutting property to preserve and protect expressway projects;
(12) To sell, exchange, or otherwise dispose of any real property not necessary for its corporate purpose or whenever the authority shall determine that it is in the best interest of the authority;
(13) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Chapter. When the cost under any construction contract or agreement, involves an expenditure of more than fifteen hundred dollars the authority shall make a written contract with the lowest and best bidder after advertisement for not less than two consecutive weeks in a newspaper of general circulation published in the parish of East Baton Rouge, Louisiana, and in such other publications as the authority may determine. Such notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids. Each bid shall contain the full name of every person or company interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted a contract will be entered into and the performance of its proposal secured. The authority may reject any and all bids. A bond with good and sufficient surety as shall be approved by the authority, shall be required of all contractors in an amount equal to one hundred per cent of the contract price, conditioned upon the faithful performance of the contract;
(14) To locate and designate, and to establish, limit and control such points of ingress to and egress from each project as may be necessary or desirable in the judgment of the authority to insure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated;
(15) To construct, maintain, repair and operate any feeder road which in the opinion of the authority will increase the use of a project or projects, to take over for maintenance, repair and operation any existing public road as a feeder road, and to realign any such existing public road and build additional sections or road over new re-alignment in connection with such existing public road;
(16) To receive and accept from any federal agency, subject to the approval of the Governor, grants for or in aid of the construction of any project, and to receive and accept aid or contributions from any source, of either money, property or other things of value to be held, used and applied only for the purposes for which such grants and contributions may be made; providing, however, that no federal funds now received by the state of Louisiana may be diverted to or received or accepted by the authority;
(17) To employ such engineers, attorneys, accountants, construction and financial experts, superintendents, managers and other employees and agents as the authority deems advisable and as may be necessary in its judgment and to fix their compensation;
(18) To do all acts and things necessary or convenient to carry out the powers and duties expressly granted in this Chapter.
Acts 1954, No. 232, §5. Amended by Acts 1977, No. 220, §1.
A. The authority shall have the power to construct and reconstruct traffic circles, interchanges and grade separations at intersection of any project with public roads, grade separations at intersections with railroads, and to change and adjust the lines and grades of such public roads so as to accommodate the same to the design of such grade separation. The cost of such construction and any damage incurred in changing and adjusting the lines and grades of such roads shall be ascertained and paid by the authority as a part of the cost of such project. The authority shall not interrupt the flow of traffic on any established state highway; and any approaches, underpasses or overpasses necessary to avoid the interruption of the flow of such traffic shall be constructed at the expense of the authority.
B. If the authority shall find it necessary in connection with any project to change the location of any portion of any public road, it shall cause the same to be reconstructed at such location as the authority shall deem most favorable and of substantially the same type and in as good condition as the original road. The cost of such reconstruction and any damage incurred in changing the location of any such road shall be ascertained and paid by the authority as a part of the cost of such project.
C. If the discontinuance or vacation of any public road is required by the construction of any project, such discontinuance or vacation may be effected on application of the authority in the manner now provided by the applicable statutes of the state of Louisiana and where such statutes provide for damage, and damages awarded on account thereof shall be paid by the authority as a part of the cost of such project.
D. The authority and its authorized agents and employees shall also have the power to enter upon any lands, waters and premises in the state for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purpose of this Chapter, and such entry shall not be deemed a trespass, nor shall such entry for such purpose be deemed an entry under any eminent domain proceedings which may be then pending. The authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as result of such activities.
E. The authority shall also have power to make reasonable regulations, including, but not by way of limitation, the authority to grant easements for the installation, construction, maintenance, repair, renewal, relocation, and removal of tracts, pipes, pipe lines, mains, conduits, cables, wires, towers, poles, and other equipment and appliances, of any public utility, or pipe line company, or of any corporation or person owning or operating pipe lines in, on, along, over, or under any project. Whenever the authority shall determine that it is necessary that any such facilities which now are, or hereafter may be located in, on, along, over or under any project should be relocated on such project or should be removed from such project, the public utility, corporation, or person owning or operating such facilities shall relocate or remove the same in accordance with the order of the authority, provided that the cost and expense of such relocation or removal, including the cost of installing such facilities in a new location or new locations, and the cost of any lands or any rights or interests in lands, or any other rights acquired to accomplish such relocation or removal shall be ascertained and paid by the authority as a part of the cost of such project. In case of any such relocation or removal of facilities, the public utility, corporation, or person owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations.
F. The Expressway Authority shall construct or provide underpasses or overpasses for the passage of livestock and vehicles under said turnpike at such intervals as it may deem necessary.
Acts 1954, No. 232, §6.
All parishes, political subdivisions, cities, towns, villages, and all public agencies and officers of the state of Louisiana, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the authority, upon its request and upon such terms and conditions as the authority and the proper officials of such parishes, political subdivisions, cities, towns, villages, and public agencies or officers may agree upon as reasonable and fair, and without the necessity for any advertisement, order of court or other action or formality other than the regular and formal action of the officials concerned and the execution of the proper instrument, any real property which may be necessary or convenient to the effectuation of the purpose of this Chapter, including real property already devoted to public use.
Acts 1954, No. 232, §7.
The state of Louisiana hereby consents to the use of all lands owned by it, including lands lying under water, which are deemed by the authority to be necessary or proper for the construction or operation of any expressway project.
Acts 1954, No. 232, §8.
The authority is hereby granted the power of eminent domain and proceedings therefor may be instituted and conducted by the authority as is prescribed by R.S. 48:441 through 460 for the expropriation of property by the Department of Transportation and Development. The petition to be filed for the expropriation shall contain the allegations required by R.S. 19:2.1 and shall have annexed thereto a certified copy of a statement adopted by the authority declaring that the taking is necessary or useful for highway purposes, that the location and design of the proposed highway improvement are in accordance with the best modern practices adopted in the interest of safety and convenience of the traveling public and containing a statement of the amount of money estimated to be just and adequate compensation for the taking and, stated separately, an estimate of the amount of damages. The estimate of just and adequate compensation for the taking and the estimate of damages shall be based on a determination by two disinterested realtors living in the vicinity of the improvement and the statement of the authority shall state their names and qualifications. All other procedures for the expropriation shall be as provided in R.S. 48:441 through 460, and references in such Sections to the Department of Transportation and Development, for the purposes hereof, shall be deemed to be references to the authority.
Acts 1954, No. 232, §9. Amended by Acts 1970, No. 247, §1; Acts 1977, No. 220, §1, eff. July 7, 1977; Acts 2006, No. 11, §5.
Before taking over any existing public road for maintenance, repair and operation as a feeder road, the authority shall obtain the consent of any officials then exercising jurisdiction over said road, which are hereby authorized to give such consent by resolution. Each feeder road or portion thereof acquired, constructed, or taken over under this Section for maintenance, repair and operation, in connection with a project by the authority shall for all purposes of this Chapter be deemed to constitute a part of the project, except that no toll shall be charged for transit between points on such feeder road.
Acts 1954, No. 232, §10.
A. The authority is hereby empowered to fix, revise, charge and collect tolls and charges for the use of each project and the different parts or sections thereof, to contract with any person, partnership, association or corporation desiring the use of any part thereof for the purpose of providing any of the facilities comprehended in the term "expressway project" as defined herein, when, in the opinion of the authority, such facilities are necessary or desirable, and to fix the terms, conditions, rates and charges for use; provided that facilities for motor fuel and food shall be publicly offered for the operation thereof under rules and regulations to be established by the authority. Such tolls shall not be subject to supervision or regulation by any other commission, board or agency of the state.
B. To afford users of any expressway project a reasonable choice of motor fuels of different brands, each gasoline service station or site therefor shall be separately offered for lease upon sealed bids for private operation and, after at least 4 weeks notice of the offer has been published in a newspaper having general circulation in the state, each such lease shall be awarded to the highest responsible bidder therefor, who may provide for the operation of the service station by a third person, but no person shall be awarded or have the use of, nor shall motor fuel identified by the trademarks, trade names, or brands of any one supplier, distributor, or retailer of such fuel be sold at, (1) consecutive service stations along one side of the expressway, or (2) more than one service station if they constitute more than 20 percent of the service stations on the expressway project.
C. Such tolls shall be so fixed and adjusted in respect of the aggregate of tolls on each expressway project in connection with which the bonds of any issue shall have been issued as to provide a fund sufficient with other revenue from such expressway project to pay (a) the cost of maintaining, repairing and operating such expressway project, and (b) the principal of and the interest on such bonds as the same shall become due and payable, and to create reserve for such purposes. The tolls and all other revenue derived from each expressway project or sections thereof in connection with which the bonds of any issue shall have been issued, except such part thereof as may be necessary to pay such cost of maintenance, repair and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the tolls or other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the Chapter and such regulations as the resolution authorizing the issuance of such bonds or such trust agreement may provide. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another.
Acts 1954, No. 232, §11.
Expressway revenue bonds issued under the provisions of this Chapter shall not be deemed to be a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable exclusively from the fund pledged for their payment or authorized herein. All such bonds shall contain a statement on their face that the state is not obligated to pay the same or the interest thereon and that the faith and credit of the state is not pledged to the payment of the principal or interest of such bonds. The issuance of expressway revenue bonds under the provisions of this Chapter shall not, directly or indirectly or contingently, obligate the state to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for their payment. State funds shall not be used, appropriated or expended to construct, reconstruct, maintain, service, repair, purchase or lease any toll road authorized hereunder or to pay the principal or interest of any revenue certificates or other evidences of indebtedness issued for any such purpose, and the legislature does herewith determine that any such use of state funds would violate the constitution of the state of Louisiana and all such bonds shall contain a statement on their face to this effect.
Acts 1954, No. 232, §12.
The state of Louisiana does pledge to and agree with the holders of the bonds issued pursuant to this Chapter, that the state will not limit or restrict the rights hereby vested in the authority to construct, reconstruct, maintain and operate any project as defined in this Chapter or to establish and collect such tolls or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized by this Chapter or in any way impair the rights or remedies of the holders of such bonds until the bonds, together with interest thereon, are fully paid and discharged.
Acts 1954, No. 232, §13.
The authority is hereby authorized to provide for the issuance at one time or from time to time, of expressway revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or more expressway projects. The principal of and the interest on such bonds shall be payable solely from the funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, shall mature at such time or times not exceeding forty years from their date or dates, as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairman of the authority or shall bear his facsimile signature, and the official seal of the authority or a facsimile thereof shall be impressed or imprinted thereon and attested by an authorized officer of the authority, and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. In case any officer or employee whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer or employee before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office or employed until such delivery. All bonds issued under the provisions of this Chapter shall have and are hereby declared to have all of the qualities and incidents of negotiable instruments under the negotiable instruments law of the state of Louisiana. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The authority may sell such bonds in such manner and for such price as it may determine will best effect the purposes of this Chapter, provided, however, if said bonds are sold for less than par, the total amount of the discount shall be added to the total amount of interest to be paid over the life of the certificates at the rate of interest at which said certificates are to be sold and the total thereof shall be considered as interest and the interest actually to be paid by virtue of any discount shall then be computed and said bonds shall not be sold if the interest to be paid plus the discount exceeds five per centum (5%).
The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the expressway project or projects for which such bonds shall have been issued (subject to the power to invest and reinvest trust funds as provided by R.S. 48:1267), and shall be disbursed and used as provided by this Chapter and in such manner and under such restrictions, if any, as the authority may provide in the resolution authorizing the issuance of such bonds or in trust agreement hereinafter mentioned securing the same.
If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued.
Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost.
Acts 1954, No. 232, §14.
In the discretion of the authority any bonds issued under the provisions of this Chapter may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received, but shall not convey or mortgage an expressway project or any part thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation and issuance of an expressway project or projects in connection with which such bonds shall have been authorized, the rates of toll to be charged, the custody, safe guarding and application of all moneys, and conditions or limitations with respect to the issuance of additional bonds. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement may be treated as a part of the cost of the operation of the expressway project or projects.
Acts 1954, No. 232, §15.
The authority is hereby authorized to provide for the issuance of expressway revenue refunding bonds of the authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this Chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the authority, for the additional purpose of constructing improvements of an expressway project in connection with which the bonds to be refunded shall have been issued. The authority is further authorized to provide by resolution for the issuance of its expressway revenue bonds for the combined purpose of (a) refunding any bonds then outstanding which shall have been issued under the provisions of this Chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and (b) paying all or any part of the cost of any additional project or projects. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same, shall be governed by the provisions of this Chapter in so far as the same may be applicable.
Acts 1954, No. 232, §16.
A. All moneys received by the authority pursuant to this Chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed trust funds to be held and applied solely as provided in this Chapter. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purpose hereof, subject to the provisions of this Chapter and such regulations as such resolution or trust agreement may provide.
B. When, in the opinion of the authority, all moneys in such trust funds are not immediately needed for the purpose for which such funds are provided, the trustee of such funds, upon resolution of the authority specifically adopted for such purpose, is hereby authorized and empowered to temporarily invest and reinvest the amount of such funds authorized in such resolution in United States government securities, which securities shall be direct obligations of, or obligations the payment of the principal and interest of which is guaranteed by the United States government, or to invest and reinvest the amount of such funds in such other securities as are permitted by law for investment of idle funds by the State of Louisiana and its agencies; provided, that any such investment or reinvestment shall be subject to any pertinent provisions of the bond resolution or trust agreement. It is the intent of the legislature that trust funds not be permitted to remain idle in the hands of the trustee when such funds can be put to use as aforesaid.
Acts 1954, No. 232, §17. Amended by Acts 1970, No. 247, §1.
Any holder of bonds issued under the provisions of this Chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of Louisiana or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this Chapter or by such trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing, charging and collection of tolls.
Acts 1954, No. 232, §18.
The exercise of the powers granted by this Chapter will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of projects by the authority will constitute the performance of essential government functions, the authority shall not be required to pay any taxes or assessments upon any project or any property acquired or used by the authority under the provisions of this Chapter or upon the income therefrom, and every project and any property acquired or used by the Authority under the provisions of this Chapter and the income therefrom, and the bonds issued under the provisions of this Chapter, their transfer and the income therefrom (including any profit made on the sale thereof) shall be exempt from taxation within the state.
Acts 1954, No. 232, §19.
Bonds issued by the authority under the provisions of this Chapter are hereby made securities in which all public officers and public bodies of the state, parishes, other political subdivisions, cities or towns, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control.
Acts 1954, No. 232, §20.
A. Each expressway project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the Authority. Each such project shall have such force of toll-takers and other operating employees as the Authority may in its discretion employ.
B. All public or private property damaged or destroyed in carrying out the powers granted by this Chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under this Chapter.
C. The Department of Transportation and Development shall be responsible for the operation and maintenance of the expressway system.
Acts 1954, No. 232, §21. Amended by Acts 1970, No. 247, §3; Acts 1977, No. 220, §1, eff. July 7, 1977; Acts 2006, No. 11, §5.
A. The authority is hereby authorized to adopt and promulgate rules and regulations with respect to the use of a project, which rules and regulations shall relate to vehicular speeds, loads and sizes, safety devices, rules of the road and such other matters, including but not limited to the failure or refusal to pay the toll provided for the use of a project, as may be necessary and proper to regulate traffic in the interest of safety, the maximum convenience of the persons using the project, preservation of a project from unwarranted damage and to carry out the purpose of this Chapter. Such rules and regulations shall apply according to their terms to all sections of a project under the jurisdiction of the Authority, their feeder roads and structures and other appurtenances. In so far as such rules and regulations may be inconsistent with the provisions of the vehicle and traffic laws of Louisiana, such rules and regulations shall be controlling. Violations of such rules and regulations shall be punishable by a fine of not exceeding two hundred dollars or by imprisonment not exceeding ninety days. Such rules and regulations shall not take effect until published in a newspaper of general circulation published in East Baton Rouge Parish, Louisiana, and such other publications as the Authority may determine, and duly filed in the office of the Secretary of State.
B. The Louisiana State Police, its director and patrol officers are hereby vested with the power and charged with the duty to enforce the rules and regulations of the authority. The power and duty so vested and charged shall be performed and exercised as said director and officers perform and exercise their present duties, functions and powers. Expenses incurred by said state police in carrying out its powers and duties under this Chapter may be treated as a part of the cost of the operation of a project or projects and the Department of Public Safety shall be reimbursed by the authority for such expenses.
Acts 1954, No. 232, §22.
A. When all revenue bonds issued under the provisions of this Chapter in connection with any expressway project or projects and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, the authority shall, if such project or projects are then in good condition and repair to the satisfaction of the department, transfer such project or projects to the department to become part of the state road system to be maintained thereafter by the Department of Transportation and Development; provided, that in any event any such project or projects shall remain subject to sufficient tolls to pay the cost of the maintenance, repair, and operation thereof.
B. Provided, however, that the authority may, after said bonds shall have been paid or a sufficient amount for payment set aside as aforesaid, charge tolls for the use of any such project and pledge such tolls to the payment of bonds issued under the provisions of this Chapter in connection with another contiguous expressway project or projects which may hereafter be constructed.
Acts 1954, No. 232, §23. Amended by Acts 1977, No. 220, §1, eff. July 7, 1977; Acts 2006, No. 11, §5.
All motor common carriers and contract carriers that hold certificates of public conveniences and necessity authorizing them to operate over the public roads of this state that will parallel an expressway project or a section thereof on the date that such project is opened to the public for use, are hereby granted the right to operate their vehicles upon and over said expressway project or such section thereof which parallels such public roads under such certificates upon compliance with the payment of the required tolls; provided, that such carriers shall comply with the provisions of this Chapter and any rule and regulation of the authority as to the use of such project, anything in said certificates to the contrary notwithstanding.
Acts 1954, No. 232, §24.
Any member, agent or employee of the authority who is interested, either directly or indirectly in any contract of another with the authority, or in the sale of any property, either real or personal, to the authority, shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year.
Acts 1954, No. 232, §25.
A. The Department of Transportation and Development is hereby authorized to expend out of any funds available for the purpose such moneys and to use such of its engineering and other forces, as may be necessary and desirable in the judgment of the Department of Transportation and Development, to enable and accelerate the beginning of the construction of the project constructed under the provisions hereof.
B. The Department of Transportation and Development is hereby authorized to expend out of any funds available for the purpose such moneys as may be necessary for the study of any expressway project or projects and to use its engineering and other forces, including other consulting engineers and other traffic engineers, for the purpose of effecting such study and to pay for such additional engineering and traffic and other expert studies as it may deem expedient.
C. All obligations and expenses incurred by the Department of Transportation and Development under this Section shall be paid by said department and charged to the appropriate expressway project or projects, and the department shall keep proper records and accounts showing each amount so charged. All obligations and expenses so incurred shall be treated as part of the cost of such project or projects and shall be reimbursed to the Department of Transportation and Development out of the proceeds of the bonds herein authorized.
Acts 1954, No. 232, §26. Amended by Acts 1977, No. 220, §1, eff. July 7, 1977.
On or before the first day of April of each year, the authority shall make an annual report of its activities for the preceding year to the Governor and each such report shall set forth a complete operating and financial statement covering the operations of the authority during the year, and each year that there is a general session of the legislature, a copy of such annual report shall be furnished to the legislature on the first day of such general session.
Acts 1954, No. 232, §27.
The authority shall cause an audit of its books and accounts to be made at least once each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or operations of a project or projects.
Acts 1954, No. 232, §28.
The secretary-treasurer shall keep full and correct minutes of the meetings and final actions of the authority, which minutes shall be open to the inspection of the public at all reasonable times.
Acts 1954, No. 232, §29.
The foregoing Sections of this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing; provided, however, that the issuance of expressway revenue bonds or expressway revenue refunding bonds under the provisions of this Chapter need not comply with the requirements of any other law applicable to the issuance of bonds, except as provided in this Chapter.
Acts 1954, No. 232, §30.
The legislature recognizes that some of the best farm land in the United States lies adjacent to the proposed right of way of the west and east bank segments of the proposed express toll highway between Shreveport and Alexandria and Bossier City and Alexandria. In the event that the authority should determine to construct the west or east bank segment the legislature directs the expressway authority to route said expressway segment in such manner as to avoid the rich farm land where possible within the limitations of reasonable cost and sound engineering practices; and where bisecting of such farm land is unavoidable, the expressway authority is directed, where possible within the limitations of reasonable cost and sound engineering practices, to provide access across the toll highway rights of way by means of tunnels or other appropriate means.
Acts 1970, No. 247, §4.
A. Parish governing authorities may create road lighting districts composed of territory wholly within a parish. A district so created shall be a political and legal subdivision of the state with full power to sue and be sued in its corporate name. It may enter into contracts with any electric public utility to provide and maintain electric lights on the streets, roads, highways, alleys, and public places of the district.
B. A parish governing authority may also authorize any such district that it creates or any consolidated district that it creates pursuant to R.S. 48:1304 to use up to twenty-five percent of its funds to purchase, install, operate, and maintain electronic safety equipment.
Added by Acts 1975, No. 514, §1; Acts 2024, No. 610, §1; Redesignated from R.S. 48:1306.
NOTE: Former R.S. 48:1301 redesignated as R.S. 48:1304 by Acts 2024, No. 610, §2A.
A. Each such district shall be designated Road Lighting District No. ______ of the parish of ______. The parish governing authority creating such district shall be the governing authority thereof, and the parish treasurer shall be the treasurer of the district.
B.(1) A parish governing authority may designate a district that is authorized to use funds in accordance with R.S. 48:1301(B) as a security and road lighting district in a form similar to that provided by Subsection A of this Section for road lighting districts.
(2) Unless context indicates otherwise, references to road lighting districts in this Chapter include any district designated by a parish governing authority as a security and road lighting district.
Added by Acts 1975, No. 515, §1; Acts 2024, No. 610, §1; Redesignated from R.S. 48:1307.
NOTE: Former R.S. 48:1302 redesignated as R.S. 48:1305 by Acts 2024, No. 610, §2A.
For the purposes set forth in R.S. 48:1301, any road lighting district may levy taxes not to exceed in any year five mills on the dollar on all of the taxable property within the boundaries thereof, except railroad rights of way and tracks located thereon. However, the special tax authorized by this Section shall not run for a longer period than ten years, and the rate, purpose, and duration of any special tax first shall be submitted to the electors of the district in which the tax is to be levied at an election called and held for that purpose in the same manner as provided by law for elections for levying taxes for the purposes set out in Article VI, Section 32 of the Constitution of Louisiana, and a majority of those voting voted in favor thereof.
Added by Acts 1975, No. 465, §1; Acts 1988, No. 504, §1, eff. July 10, 1988; Acts 2024, No. 610, §1; Redesignated from R.S. 48:1308.
NOTE: Former R.S. 48:1303 redesignated as R.S. 48:1306 by Acts 2024, No. 610, §2A.
Notwithstanding the provisions of R.S. 48:1303, the governing authority of any road lighting district within the parish of Assumption may levy taxes not to exceed in any year twenty mills on the dollar on all of the taxable property within the boundaries of the district. All other provisions and limitations of R.S. 48:1303 shall apply to any tax so levied.
Acts 1986, No. 921, §1; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1308.1.
Notwithstanding the provisions of R.S. 48:1303, the governing authority of any road lighting district within the parish of Terrebonne may levy taxes not to exceed in any year ten mills on the dollar on all of the taxable property within the boundaries of the district. All other provisions and limitations of R.S. 48:1303 shall apply to any tax so levied.
Acts 1988, No. 524, §1; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1308.2.
In addition to the tax provided for in R.S. 48:1303, the governing authority of the parish of Jefferson is hereby authorized to levy in any road lighting district in the parish an additional tax not to exceed ten mills on the dollar of assessed valuation for a period not to exceed ten years, if the question of levying such tax is approved by the favorable vote of a majority of the electors of the district voting in an election called for that purpose. The purpose of the additional tax shall be to provide and maintain artificial lighting on the streets, roads, highways, alleys, and public places in the district.
Acts 1992, No. 38, §1, eff. May 29, 1992; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1308.3.
Notwithstanding any provision of law to the contrary which limits ad valorem tax millage which may be imposed, the governing authority of any road lighting district of a parish that has adopted a charter for local self-government or other home rule charter may levy special ad valorem tax millage in excess thereof, provided such levy is not inconsistent with the parish charter or the Constitution of Louisiana, for a period not to exceed ten years, if the question of levying such tax is approved by the favorable vote of a majority of the electors of the district voting in an election called for that purpose.
Acts 1992, No. 39, §1, eff. May 29, 1992; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1308.4.
The governing authority of any parish may create within such parish one or more consolidated road lighting districts comprised of one or more existing road lighting districts, together with, if so determined by the governing authority, territory not within the boundaries of an existing road lighting district. Consolidated road lighting districts so created shall constitute road lighting districts within the meaning of Sub-section C.1 of Section 14 of Article XIV of the Constitution and, as such, shall enjoy all rights, powers and privileges enjoyed by road lighting districts under and by virtue of the provisions of said Sub-section, including the right to levy taxes as provided therein. The governing authority of each such consolidated road lighting district shall be the governing authority of the parish creating the district.
Acts 1964, No. 223, §1; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1301.
NOTE: Former R.S. 48:1304 redesignated as R.S. 48:1307 by Acts 2024, No. 610, §2A.
Before any such consolidated district shall be finally created, the governing authority of the parish shall publish in the official journal of the parish at least once not less than fifteen days prior to the date of hearing a notice of its intention to create such district and fixing a date for the holding of a public hearing in which all persons interested may be heard on the question of the advisability of creating the district. Such notice of hearing shall set forth the proposed name and boundaries of the district, list the districts to be so consolidated, and set forth the rate and duration of taxes authorized to be levied in each such underlying district, and shall state the date, time and place fixed for the hearing. Following the creation of any such district, the resolution creating the district and setting forth the boundaries thereof shall be published one time in the official journal of the parish. Thirty days after such publication, the creation of the district shall become incontestable, and no court shall have any right to entertain litigation questioning the legality of the creation of such district.
Acts 1964, No. 223, §2; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1302.
NOTE: Former R.S. 48:1305 redesignated as R.S. 48:1308 by Acts 2024, No. 610, §2A.
At the expiration of such thirty-day period, road lighting districts included in any such consolidated district shall no longer have the right to levy taxes, and the said consolidated district shall be vested with full authority to levy taxes within and for the consolidated district pursuant to and in accordance with the original authorization for the levy of taxes granted to each of the underlying districts included within the consolidated district. It shall be the duty of the governing authority of the consolidated district to cause taxes to continue to be levied under and in accordance with the original authorization granted to each of the road lighting districts included within the consolidated district, and such taxes as may be levied by the governing authority of the consolidated district shall, to the extent hereafter provided, be entitled to the benefit of the exemption and to the reimbursal authorized by R.S. 39:253.
Acts 1964, No. 223, §3; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1303.
NOTE: Former R.S. 48:1306 redesignated as R.S. 48:1301 by Acts 2024, No. 610, §2A.
Where road lighting districts consolidated into any consolidated district hereunder have been in existence prior to August 1, 1956, the creation of the consolidated district will be solely for the purpose of continuing the road lighting programs for which the districts so consolidated were originally created, and the provisions of R.S. 39:253 shall be regarded as applicable in all respects to taxes levied by any such consolidated district, and such district shall be considered to be a district created prior to August 1, 1956, for all purposes of said section, provided, however, the exemption authorized herein shall not apply to new territory added to any consolidated district as authorized herein, nor shall the exemption apply to taxes levied by a consolidated district for the benefit of underlying districts not eligible therefor under existing provisions of R.S. 39:253.
Acts 1964, No. 223, §4; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1304.
NOTE: Former R.S. 48:1307 redesignated as R.S. 48:1302 by Acts 2024, No. 610, §2A.
No consolidated district created hereunder shall, without an election as hereinafter provided, levy a rate of taxation greater than that being levied by the underlying districts at the time of consolidation, nor shall the consolidated district be authorized to levy such taxes for any longer period of time than such taxes could have been levied by the underlying districts. Any consolidated district may levy taxes for a longer period of time and in excess of those being levied by the underlying districts if the rate, purpose and duration of the consolidated district tax first is submitted to the electors of the consolidated district at an election called and held for that purpose and is approved by a majority in number of the electors voting in said election.
Amended by Acts 1975, No. 465, §2; Acts 2024, No. 610, §2A; Redesignated from R.S. 48:1305.
NOTE: Former R.S. 48:1308 redesignated as R.S. 48:1303 by Acts 2024, No. 610, §2A.
Redesignated as R.S. 48:1303.1 by Acts 2024, No. 610, §2A.
Redesignated as R.S. 48:1303.2 by Acts 2024, No. 610, §2A.
Redesignated as R.S. 48:1303.3 by Acts 2024, No. 610, §2A.
Redesignated as R.S. 48:1303.4 by Acts 2024, No. 610, §2A.
A.(1) The governing authority of any road lighting district situated wholly within the geographical boundaries of Ouachita Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge or rates of service charge to be assessed to persons occupying residential and nonresidential structures, and persons owning unoccupied structures located wholly or partly within the boundaries of a road lighting district, and persons owning lots located wholly or partly within the boundaries of a road lighting district as customers of the district, subject to Subsection B of this Section.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the governing authority of any road lighting district situated wholly within the geographical boundaries of Ouachita Parish may establish, by majority vote of the members of the authority, a service charge or rates of service charge to be assessed to persons owning parcels of immovable property located wholly or partly within the boundaries of a road lighting district, subject to Subsection B of this Section.
(3) Such service charge or rates of service charge shall be equal for all customers and shall be framed so as to cover and shall be used for the cost of any and all of the following components of road lighting district services:
(a) Payment of utility charges incurred in the provision of road lighting.
(b) The maintenance and operation of road lighting district facilities and equipment.
(c) Cost of collection of service charges pursuant to Subsections C and D of this Section.
B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the road lighting district. However, the resolution assessing the service charges shall be adopted by the governing authority only after the question of the assessment, the method of assessment, and the amount of the service charge or rates of service charges established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.
C. The governing authority of any road lighting district assessing a service charge or rates of service charge for road lighting services to customers of the district as provided in this Section shall also have the authority to use any necessary and proper means to collect and enforce the collection of such service charges, including contracting with another political subdivision within Ouachita Parish or a utility regulated by the Louisiana Public Service Commission to effect such collection.
D. Service charges assessed against the owners of parcels of immovable property within a road lighting district pursuant to this Section shall be carried on the tax rolls for Ouachita Parish and shall be added to the annual ad valorem tax bill for such parcels. Such service charges shall be collected and become due and delinquent at the same times as parish ad valorem taxes are collected and become due and delinquent. The sheriff of Ouachita Parish may use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for collection of taxes. The governing authority of the road lighting district shall reimburse the sheriff an amount equal to five percent of the amount of such service charges actually collected from property owners. The collection charge shall be in addition to such service charges and shall also be added to the ad valorem tax bill for such parcels.
Acts 1987, No. 132, §1; Acts 1990, No. 384, §1; Acts 2008, No. 285, §1, eff. July 1, 2008.
A. The governing authority of Consolidated Road Lighting District Number One of East Baton Rouge Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge or rates of service charges to be assessed persons owning parcels of immovable property located wholly or partly within the boundaries of the road lighting district, subject to the provisions of Subsection B of this Section. For purposes of this Section, "parcel" shall mean a lot, a subdivided portion of ground, or an individual tract. Such service charges or rates of service charges may be based upon the proportion which the front footage of each parcel bears to the total front footage of all parcels. Such service charges or rates of such service charges shall be framed so as to cover and shall be used for the costs of any and all road lighting services including but not limited to the following:
(1) Payment of utility charges incurred in the provision of road lighting.
(2) Maintenance and operation of road lighting district facilities and equipment.
(3) Cost of collection of service charges pursuant to Subsection C of this Section.
B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the road lighting district. However, the resolution assessing said service charges shall be adopted by the governing authority only after the question of the assessment, its duration, and the amount of the service charge or rates of service charges established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at a time authorized by the provisions of R.S. 18:402.
C. Service charges assessed as provided in this Section shall be carried on the tax rolls for East Baton Rouge Parish and shall be added to the annual ad valorem tax bills of persons owning parcels in the district. Such service charges shall be collected and shall become due and delinquent at the same times as parish ad valorem taxes are collected and become due and delinquent. The sheriff of East Baton Rouge Parish may use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for collection of taxes. The governing authority of the road lighting district shall reimburse the sheriff of East Baton Rouge Parish an amount equal to five percent of the amount of such service charges actually collected from property owners. This collection charge shall be in addition to such service charges and shall also be added to the ad valorem tax bill of the property involved.
Acts 1989, No. 150, §1.
A.(1) The governing authority of any road lighting district is hereby authorized to establish, by a majority of the voters of the district voting at an election held therein, a service charge or rates of service charge to be assessed to persons occupying residential and nonresidential structures, to persons owning unoccupied structures located wholly or partly within the boundaries of a road lighting district, and to persons owning lots in the district upon which no structure is located as customers of the district, subject to the provisions of Subsection B of this Section.
(2) In Ward 8 of St. Tammany Parish, only one service charge shall be assessed to any person occupying a residential or nonresidential structure on two or more contiguous lots, subdivided portions of ground, or individual tracts having the same owner, or to the owner of two or more contiguous lots, subdivided portions of ground, or individual tracts having the same owner, on which an unoccupied structure or no structure is located.
(3) Such service charges or such rates of service charges shall be for all customers and shall be framed so as to cover and shall be used for the costs of any and all road lighting services, including but not limited to the following:
(a) Payment of utility charges incurred in the provision of road lighting.
(b) Maintenance and operation of road lighting district facilities and equipment.
B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the road lighting district. However, the resolution assessing the service charges shall be adopted by the governing authority only after the question of the assessment and the amount of the service charge or rates of service charges established has been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.
C. The governing authority of any road lighting district assessing a service charge or rates of service charge for road lighting services to customers of the district as provided in this Section shall also have the authority to use any necessary and proper means to collect and enforce the collection of such service charges, including contracting with another political subdivision or other entity to effect such collection.
Acts 1990, No. 891, §1, eff. July 25, 1990; Acts 1994, No. 34, §1, eff. June 7, 1994; Acts 2001, No. 714, §1, eff. June 25, 2001; Acts 2011, 1st Ex. Sess., No. 11, §1.
A.(1) The governing authority of any road lighting district situated wholly within the geographical boundaries of St. Tammany Parish may establish, by majority vote of the members of the authority, a service charge or rates of service charges to be assessed to persons occupying residential and nonresidential structures, and persons owning unoccupied structures located wholly or partly within the boundaries of a road lighting district, and persons owning lots located wholly or partly within the boundaries of a road lighting district as customers of the district, subject to the provisions of Subsection B of this Section.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the governing authority of any road lighting district situated wholly within the geographical boundaries of St. Tammany Parish may establish, by majority vote of the members of the authority, a service charge or rates of service charge to be assessed to persons owning parcels of undeveloped immovable property located wholly or partly within the boundaries of a road lighting district as additional customers of the district, subject to Subsection B of this Section.
(3) Such service charges or rates of such service charges shall be equal for all customers and shall be framed so as to cover and shall be used for the costs of any and all of the following components of road lighting district services:
(a) Payment of utility charges incurred in the provision of road lighting.
(b) Maintenance and operation of road lighting district facilities and equipment.
(c) Cost of collection of service charges pursuant to Subsections C and D of this Section.
B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the road lighting district; however, the resolution assessing the service charges shall be adopted by the governing authority only after the question of the assessment, the method of assessment, its duration, and the amount of the service charge or rates of service charges established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state.
C. The governing authority of any road lighting district assessing a service charge or rates of service charges for road lighting services to customers of the district as provided in this Section shall also have the authority to use any necessary and proper means to collect and enforce the collection of such service charges, including contracting with another political subdivision within St. Tammany Parish or a utility regulated by the Louisiana Public Service Commission to effect such collection. The governing authority of the road lighting district may reimburse the collecting entity an amount up to five percent of the amount of such service charges actually collected from customers of the district. The collection charge shall be in addition to such service charges.
D. Any service charges assessed against the owners of parcels of undeveloped immovable property within a road lighting district pursuant to this Section shall be carried on the tax rolls for St. Tammany Parish and shall be added to the annual ad valorem tax bill for such parcels. Such service charges shall be collected and shall become due and delinquent at the same time as parish ad valorem taxes are collected and become due and delinquent. The sheriff of St. Tammany Parish may use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for collection of taxes. The governing authority of the road lighting district shall reimburse the sheriff an amount up to eight percent of the amount of such service charges actually collected from property owners. This collection charge shall be in addition to such service charges and shall also be added to the ad valorem tax bill of the property involved.
Acts 2009, No. 71, §1.
A. The governor, in addition to the other duties and responsibilities vested in him by the constitution and laws of this state, shall be responsible for the administration of highway safety programs in this state in conformity with the Highway Safety Act of 1966, enacted by the Congress of the United States of America as Public Law 89-564. He may contract and do all other things necessary to secure the full benefits available to this state under the provisions of the Highway Safety Act of 1966. In furtherance of such purpose the governor also may cooperate with state, local and federal agencies, with private and public organizations and with individuals to the extent necessary to effectuate the purposes of that law and any amendments thereto.
B. The governor may administer and carry out all programs of highway safety vested in him and all matters pertaining thereto through the Louisiana Highway Safety Commission; provided that all such programs for the state and its political subdivisions shall be administered in accordance with the provisions of the Highway Safety Act of 1966 and amendments thereto and such federal rules and regulations as may be adopted in implementation thereof.
Acts 1968, No. 275, §1.
A. The Louisiana Highway Safety Commission is hereby created as a division of the office of the governor. The commission shall be composed of twenty-one members who shall be appointed by the governor. At least one member shall be a resident and qualified elector of each of the congressional districts into which the state is divided. Each member shall serve at the pleasure of the governor. Each appointment by the governor shall be submitted to the Senate for confirmation.
B. Vacancies in the membership of the commission shall be filled by the governor, who may receive recommendations therefor from the executive committee of the commission.
Acts 1968, No. 275, §1. Amended by Acts 1977, No. 278, §1, eff. July 7, 1977; Acts 1980, No. 725, §1, eff. July 29, 1980; Acts 1984, No. 565, §1, eff. July 12, 1984.
{{NOTE: SEE ACTS 1984, NO. 565, §2.}}
A. The domicile of the commission shall be in Baton Rouge; however, the commission may hold meetings at other places in the state. Meetings shall be held on the call of the chairman or of the governor or as otherwise fixed by the commission with approval of the governor.
B. One-third of the current membership of the commission shall constitute a quorum for the transaction of business of the commission, and the vote of a majority of the members present and voting shall be necessary to take any official action. However, any member who finds it impossible to attend a meeting may be represented by a person selected by him and such representative shall have the right to vote for or in the stead of the absent member.
Acts 1968, No. 275, §1.
The members of the commission shall receive no compensation but shall be paid their necessary and actual expenses incurred in connection with attendance at meetings of the commission or on business for the commission assigned by it.
Acts 1968, No. 275, §1.
A. The officers of the commission shall be a chairman and a vice chairman. The governor shall designate the chairman, and the commission shall elect a vice chairman to serve a two-year term. The chairman shall be the chief executive officer of the commission and shall exercise supervision over all its affairs.
B. The governor shall appoint an executive director, who shall not be a member of the commission, to serve at his pleasure and at a salary approved by him. The executive director shall serve as secretary of the commission and shall perform such duties as are delegated by the commission or its chairman, the executive committee or the governor.
Acts 1968, No. 275, §1. Amended by Acts 1977, No. 278, §1, eff. July 7, 1977; Acts 1980, No. 725, §1, eff. July 29, 1980; Acts 1984, No. 565, §1, eff. July 12, 1984.
{{NOTE: SEE ACTS 1984, NO. 565, §2.}}
A. There shall be an executive committee and such other committees as the commission deems necessary or desirable to fully accomplish the purposes for which it is created.
B. The executive committee shall be composed of the chairman of the commission, ex-officio, and not less than five nor more than nine members of the commission. The chairman of the commission shall serve as chairman of the executive committee. The executive committee, upon a majority vote of the members present and voting, may act for the commission and in its name in the interim between meetings of the commission, however, it shall have no authority to change any action taken by the commission.
C. Minutes of meetings of the executive committee shall be kept by the executive director of the commission, who shall serve as secretary of the committee, and copies thereof shall be distributed to the members of the commission.
Acts 1968, No. 275, §1.
The commission shall serve as the public support group of the Highway Safety Act of 1966 and, through the governor, shall cooperate with the federal government or any agency thereof for the purpose of increasing highway safety. In furtherance of such purpose it shall be responsible for the preparation of comprehensive, long-range highway safety programs for Louisiana, and in connection therewith it shall exercise the following powers, duties and functions:
(1) It shall study and evaluate, gather information and prepare and distribute statistical compilations and make recommendations with respect to highway accidents and injuries and deaths and the problems in connection therewith and steps being taken through research, enforcement and otherwise to improve highway safety and reduce highway accidents.
(2) It may cooperate with agencies of the federal government, other states, this state and its political subdivisions to the full extent essential to the carrying out and coordinating of programs of highway safety, and may, with approval of the governor, take such steps and do such things as are necessary and proper to secure for the state and its political subdivisions the full benefits available under the provisions of the Highway Safety Act of 1966 and any amendments thereto, including but not restricted to such steps as are necessary to obtain federal funds for use within this state for highway safety purposes.
(3) It shall serve as a central clearing house for information and as a coordinating agency for all boards, commissions, departments and agencies of the state and of its political subdivisions as to activities relating to highway safety, its problems, measures being taken to improve highway safety and matters related thereto.
(4) It shall prepare such legislation as it deems necessary or desirable to carry out a comprehensive, long-range highway safety program for the state.
(5) It may adopt, promulgate and amend rules and regulations to govern its actions and also for the carrying out of highway safety programs within the state, including the adoption of highway safety standards.
(6) It may employ and fix the compensation of such employees as it finds necessary for its purposes.
(7) It shall make such reports to the governor, the legislature and to the proper agencies of the federal government as are required by law or are directed by any of them or are deemed by the commission to be in the best interests of highway safety programs for Louisiana.
(8) It may do and perform all other things necessary or incidential to the purposes for which it is created, all subject to the ultimate authority and responsibility of the governor for the administration of highway safety programs within Louisiana.
Acts 1968, No. 275, §1.
Repealed by Acts 1992, No. 984, §18.
There is hereby created a scenic drive commission to be known as the Toledo Bend Forest Scenic Drive Commission.
Acts 1968, No. 232, §1. Amended by Acts 1971, No. 157, §1.
The commission shall be a political agency of the State of Louisiana, and subject to the limitations and restrictions set out in this Chapter. The commission shall have the following authority:
(1) To acquire servitudes adjacent to the Toledo Bend Forest Scenic Drive for the preservation of the natural beauty of said area, but such authority shall not include acquisition of rights-of-way required for the construction of said scenic drive, the acquisition of which shall be within the sole jurisdiction of the Department of Highways.
(2) To implement a master plan for the preservation and beautification of the scenic drive area as may be prepared by the Department of Highways and its specialist.
(3) To adopt rules and regulations providing for the utilization and administration of the servitudes herein authorized to be acquired.
(4) To sue and be sued.
Acts 1968, No. 232, §2. Amended by Acts 1971, No. 157, §1.
The commission shall consist of ten members who shall serve for a term of four years or until their successors have been made and qualified, as follows: Three members shall be appointed, one each, by the Sabine River Authority, the secretary of the Department of Transportation and Development, and the director of the Louisiana Tourism Development Commission. The police juries of Sabine, DeSoto, and Vernon parishes each shall appoint two members, in each instance one of the appointments to be from the membership of the police jury and one from the qualified electors residing in the parish. The nine members thus appointed shall select the remaining member from a panel of four names which shall be submitted to them, one each, by those landowners who grant to the commission the four largest servitudes adjacent to the Toledo Bend Forest Scenic Drive, said member to serve a term concurrent with the other members.
Acts 1968, No. 232, §3. Amended by Acts 1971, No. 157, §1; Acts 2001, No. 8, §15, eff. July 1, 2001.
The commission shall elect from its own membership a chairman and vice-chairman. Six members of said commission shall constitute a quorum for the transaction of business and the meetings of the commission shall be held at such time and place as shall be fixed in the call of the chairman after reasonable notice to the full membership.
The member representing the Department of Highways shall serve as temporary chairman, and shall call the first meeting of the commission within sixty days after July 31, 1968.
Acts 1968, No. 232, §4.
The members of said commission shall serve without compensation for their services, but they shall be entitled to reimbursement for actual expenses incurred in the performance of their duties as authorized by the Commission.
Acts 1968, No. 232, §5.
All public agencies shall cooperate fully with the Commission, to the end that it may effectively and comprehensively carry out its functions and duties.
Acts 1968, No. 232, §6.
This Chapter shall be known and may be cited as the Capital Area Transit System Act.
Acts 2005, No. 463, §1, eff. Jan. 1, 2006.
The area comprising East Baton Rouge Parish and surrounding parishes has developed and continues to develop into a metropolitan area with a common interest in the cultural, social, and economic well-being of its people. This area has serious congestion, traffic, and air quality problems, which impede and will increasingly impede the development of these common interests to their fullest potential. It is therefore the public policy of this state to promote the establishment of a joint transit instrumentality, encourage participation in it by the local governments involved, and facilitate the accomplishment of its purposes.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
For purposes of this Chapter, the following words have the meanings ascribed to them by this Section, except where the context clearly indicates otherwise:
(1) "Board" means the board of commissioners and governing body of the Capital Area Transit System.
(2) "Parish's financial contribution" means the total funds and the fair market value of any in-kind contributions received by the system directly from a parish governing authority and political subdivisions within that parish.
(3) "Participating parish" means a parish which has approved participation and for which participation has been approved by the board.
(4) "System" means the Capital Area Transit System.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
There is hereby created the Capital Area Transit System, subject to the conditions set forth in this Chapter, which shall be a body politic and corporate and a political subdivision of the state of Louisiana and, except as provided in this Chapter, shall have all of the powers of same. Its authority shall extend to all of East Baton Rouge Parish and to all of the territory of such additional participating parishes as may elect to participate, as provided by this Chapter. The domicile of the system shall be East Baton Rouge Parish but may be changed to another participating parish by the affirmative vote of a majority of the total members of the board.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
A. The board may exercise authority in parishes other than East Baton Rouge Parish if any such parish is a participating parish as provided in this Section.
B. A parish may become a participating parish if both of the following conditions are met:
(1) The governing authority of the parish approves such participation. Such approval shall be adopted in accordance with the procedures that apply to the adoption of an ordinance by the governing authority.
(2) The board approves such participation.
C. The board may enter into any contract it deems appropriate with a participating parish to stipulate the nature of the parish's participation in the activities of the system. Such agreements may provide for but are not limited to a parish's financial commitment for the provision of transportation services, for the board's obligation to provide certain services, or for such other terms as the parties may agree upon not inconsistent with this Chapter or other law.
D.(1) The board may, at its discretion, expel any parish from participation in the event of a material breach of an agreement with it.
(2) Any parish may withdraw from participation upon the approval of such action by its governing body adopted in accordance with the same procedures such parish requires for the approval of ordinances, but any such withdrawal shall not affect any obligations owed to the system.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
A.(1) If there are no participating parishes other than East Baton Rouge Parish, the system shall be governed by a board of commissioners comprised of ten members, with one member being a representative of the Amalgamated Transit Union.
(2) The member from the Amalgamated Transit Union shall be the president of the Amalgamated Transit Union Local 1546 in Baton Rouge, Louisiana, or his designee. The union representative shall be a retired union member and serve as a member of the board without voting privileges. The union representative shall not participate in any executive session involving personnel issues or collective bargaining agreements.
B.(1) Effective January 1, 2009, and every three years thereafter, the board shall reapportion its membership to provide for representation of participating parishes as provided in this Subsection. Each such reapportionment shall be adopted by October first immediately prior to the January first on which it will become effective. For purposes of this Subsection, the year in which a reapportionment becomes effective shall be year one of a reapportionment cycle, the subsequent year shall be year two of a cycle, and the year in which a reapportionment is adopted shall be year three of a cycle.
(2) Every participating parish shall appoint at least one member to the board.
(3)(a) Except as otherwise provided in this Section, the total number of commissioners shall not exceed fifteen when a reapportionment, as provided for in Paragraphs (4) and (5) of this Subsection, is complete.
(b) The nonvoting union representative shall not be counted in the total number of seats during a reapportionment period.
(4) The membership on the board shall be reapportioned so that, to the extent possible, the ratio of the number of board members representing each participating parish to the total board membership shall be the same as the ratio of each parish's total financial contribution during year one and year two of the reapportionment cycle, as determined by the board, to the total of all participating parishes' contributions during those same two years. Contributions that were received during the two-year period but which were required by law, contract, or prior decision of the board to be paid prior to the two-year period shall not be considered.
(5) At each reapportionment, the number of commissioners from East Baton Rouge Parish shall remain nine, and other participating parishes shall appoint a number of members based on financial contribution as provided in Paragraph (4) of this Subsection unless this would result in a total membership in excess of fifteen. The number of commissioners appointed from East Baton Rouge Parish, as any other participating parish, shall be reduced and shall also be calculated based on the proportion of financial contribution made to the system when such a reduction is necessary to prevent the total number of commissioners from exceeding fifteen, except as otherwise provided by this Section, at the time of a reapportionment.
(6)(a) A parish which becomes a participating parish in year one or year two of a reapportionment cycle shall be immediately entitled to appoint one member of the board.
(b) A parish which becomes a participating parish in year three of a reapportionment cycle shall not be considered in the reapportionment that year but shall be immediately entitled to appoint one member of the board.
(c) Members appointed in accordance with Subparagraph (a) or (b) of this Paragraph may result in a total board membership in excess of fifteen until the subsequent reapportionment.
(7) Whenever the number of board members representing a parish is to be reduced as a result of reapportionment, the reduction shall be accomplished by the termination of the board membership of the member or members representing that parish with the least time remaining in their terms. In the event a parish's members have equally short terms and a fewer number of board positions for that parish are to be eliminated, the governing authority of such parish shall determine which member's term or members' terms shall be eliminated.
C.(1) The members from each participating parish, including East Baton Rouge Parish, shall be appointed by its governing authority in accordance with the procedures established by the governing authority. Except as provided in Paragraph (2) of this Subsection, all terms shall end on the third December thirty-first following the appointment.
(2) The initial members of the board of commissioners shall be the members serving as the board of directors of the Capital Area Transit System on the effective date of this Chapter. The three with the longest remaining terms on that board of directors shall serve an initial term lasting until December 31, 2008, the three with the shortest remaining terms shall serve an initial term lasting until December 31, 2006, and the other three shall serve an initial term lasting until December 31, 2007.
D. Notwithstanding the expiration of their terms, members shall serve until their successors are appointed and qualified, unless removed for cause, which removal shall take immediate effect. The governing authority of the appointing parish shall appoint a temporary replacement to the board immediately upon removal or within fourteen days. However, if the member who is removed is the Amalgamated Transit Union Local 1546 representative, then the international president of the Amalgamated Transit Union shall appoint the temporary replacement immediately or within fourteen days. The temporary appointee shall remain on the board until a successor is appointed and qualified. A temporary appointee is not eligible for reappointment for a term. All other appointed members are eligible for reappointment.
E. A member may be removed only for cause determined by the governing body of the appointing parish. The board shall declare a member's office vacant upon the member's conviction of a felony or a plea of nolo contendere thereto. Further, a member shall be deemed to have abandoned his office upon failure to attend two of any three consecutive regularly scheduled meetings without an excuse approved by a resolution of the board at the next regular meeting, and a vacancy shall be deemed to exist in the member's office beginning at such time.
Acts 2005, No. 463, §1, eff. Jan.1, 2006; Acts 2014, No. 584, §1, eff. June 9, 2014; Acts 2025, No. 391, §2, eff. June 20, 2025; Acts 2025, No. 487, §1.
A quorum necessary for the conduct of business by the board shall exist whenever a majority of the members is present. Except as may be otherwise provided by this Chapter, the public meeting law, or any other law, board action shall require the affirmative vote of a majority of the members present and voting.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
The board is authorized to create, amend, and repeal bylaws, rules and regulations, and resolutions for the government of the meetings and affairs of the system, not inconsistent with this Chapter or other law.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
The officers of the board shall consist of a president, who shall be a member of the board, a vice president, and such other officers or assistants as the members shall choose. The board shall conduct an annual meeting in February for the primary purpose of electing officers. Unless sooner removed by the board, each officer shall serve until his successor is elected, unless he is also a member of the board and his term as a member is terminated prior to such time. In the latter event, his term shall expire upon the expiration of the term as a board member.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
The board, as governing authority of the system, shall have all powers necessary or convenient to accomplish the policy declared in this Chapter, including but not limited to:
(1) The powers, privileges, and immunities authorized by law for political subdivisions. The system may sue or may be sued.
(2) The power to receive and acquire the transit system operated by the quasi-public, nonprofit corporation created by the city of Baton Rouge and the parish of East Baton Rouge pursuant to R.S. 12:202.1 and all of its rights and obligations, to maintain and expand that system and its facilities in East Baton Rouge Parish and within the area of participating parishes, including the construction and operation of bus rapid transit and light rail systems, and generally to construct, improve, maintain, repair, operate, and administer a mass transportation system or any component part thereof, and any incident part thereto, and to contract for the maintenance, operation, or administration thereof, and to lease as lessor the same for maintenance, operation, or administration by private parties.
(3) The power to acquire by purchase, lease, donation, expropriation, or otherwise; to own; to use; and to sell, lease as lessor, transfer, exchange, or otherwise dispose of any franchise, servitude, real or personal property, tangible or intangible property, or any interest therein.
(4) The power to develop data, plans, and information and the power to cooperate, participate, and coordinate with the federal government, the state of Louisiana, or any agency or instrumentality thereof, or any municipal or parish governing body or any agency thereof, or the regional planning commission or any similar joint agency, in the planning or execution of any studies, plans, or projects.
(5) The power to enter into any contract with the federal government, the state of Louisiana and any agency, instrumentality, or authority thereof, and with any parish or municipal government or other political subdivision whether or not participating in the system or within the area of the participating parishes, as the parties may deem appropriate. However, no contract with a political subdivision obligating the political subdivision to levy a tax shall be valid until the tax has been approved by a majority of the qualified voters of that political subdivision voting on the proposition at an election held in accordance with the laws governing tax elections.
(6) The power to contract with any public utility, railroad, or transportation company for the joint use of property or rights or for the establishment of through routes, joint fares, or transfer of passengers.
(7) The power to apply for and accept grants or other assistance from the federal or state government or from any source whatsoever.
(8) All power to borrow money and incur debt, including but not limited to the borrowing of money from private lenders, institutional lenders, financial institutions, individuals, the federal government, or to the extent authorized by law, from the state of Louisiana and from any local government, and the power to issue bonds, negotiable notes, and other evidence of indebtedness or obligations of the system, and to secure payment of any debt, or any part thereof, by conventional mortgages, by pledge of its revenues, rentals, taxes, and other receipts, all in accordance with relevant requirements of the State Bond Commission. However, except as may be established by contract between governmental entities and the board, the board shall have no power in any manner to pledge the property, credit, or taxing power of any political subdivision or of the state, nor shall any of its obligations be deemed obligations of the state or of any other political subdivision, and neither shall any other political subdivision be liable for the payment of principal or interest on such obligations.
(9) Subject to the approval of the appropriate parish governing authority, the exclusive power to determine the appropriate fares, rentals, and other charges for transportation provided to the public and to determine the appropriate routes, schedules, and other parameters for the provision of transportation services.
(10)(a) Subject to the approval of the appropriate parish governing authority, the exclusive power to issue, issue conditionally, or deny licenses and permits for buses for hire operating exclusively within the territorial area of participating parishes, but not taxicabs, limousines, or sightseeing or tourist guide vehicles, including the power to govern rates charged to the public, to promulgate rules and regulations for the safety and welfare of the riding public, and to establish the procedure and criteria for the issuance of permits.
(b) In the absence of further action by the board, the criteria for permit issuance shall include findings that all of the following apply:
(i) The system cannot provide service sufficient to meet the needs which the applicant seeks to satisfy by the service described in the application.
(ii) The granting of the application is likely to improve the quality of mass transportation services in the territory of the participating parishes.
(iii) The applicant and the applicant's employees and agents have not engaged in conduct inconsistent with honesty, fair dealing, safety, and welfare for the benefit of passengers.
(c) For purposes of this Section, "bus" shall mean a motor vehicle with a seating capacity of six or more, exclusive of the operator, which is used in the transportation of passengers for hire, excluding any vehicle leased without the provision of a driver and excluding any vehicle which is subject to regulation by the Interstate Commerce Commission or the Louisiana Public Service Commission; or which is defined in this Section as a limousine or sightseeing or tourist guide vehicle; or which is used by undertakers for the transportation only of persons attending a funeral; or which is engaged exclusively in the transportation of children to and from school and which is operated by or under a contract with a public institution or a public or private school; or which is provided by a passenger's employer for transportation to his place of work; or which provides transportation in consideration of transportation to be furnished on other occasions by a passenger.
(d) For purposes of this Section, "taxicab" shall mean all motor vehicles for hire, carrying six passengers or less, including the driver thereof, which are subject to call from a garage, office, taxi stand, or otherwise.
(e) For purposes of this Section, "limousine" shall mean a chauffeur-driven luxury vehicle with a minimum seating capacity of six but no more than fourteen passengers, exclusive of the driver, which is used for the transportation of passengers for hire by prearrangement or contract, the charges for which are predetermined on a contractual basis.
(f) For purposes of this Section, "sightseeing or tourist guide vehicle" shall mean a motor vehicle with an operator for hire and a minimum seating capacity of six and a maximum seating capacity of no more than fourteen persons, exclusive of the driver, which is used in the transportation of passengers for hire to various tourist destinations and other landmarks of interest.
(11) The power to provide for police and fire protection over the facilities of the system or to contract for such services with public or private entities.
(12) The power to impose any tax on any subject of taxation within the territorial area of participating parishes for any transit-related purpose whatsoever, except as otherwise prohibited in this Chapter or by the constitution or laws of this state; however, no tax shall be imposed by the board unless it has first been approved by a majority of voters voting on the proposition in each of the parishes participating in the system at an election held in accordance with the Louisiana Election Code. Notwithstanding any other provision of law to the contrary, the board may exercise its powers of taxation within any local governmental subdivision or subdivisions located wholly within the territorial area of participating parishes provided only that the proposed tax must be approved by a majority of voters voting on the proposition within the affected local governmental subdivision or subdivisions at an election held in accordance with the Louisiana Election Code. "Local governmental subdivision" as used in this Chapter is as defined in Article VI, Section 44 of the Louisiana Constitution of 1974. The board may call an election for the purpose of submitting a proposition regarding such taxes to the voters.
(13) The power to appoint, select, or employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to contract for the services of individuals or organizations not employed full time by the system, including but not limited to the services of attorneys, accountants, engineers, architects, consultants, and advisors.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
A. The system shall be exempt from all taxes and assessments whatsoever, including sales, use, franchise, property, and income taxes levied by the state of Louisiana or by any parish, municipality, or other political subdivision of the state. In the event of any lease of system property, or any other arrangement providing the use of system property, to a private party, this exemption shall not apply to the value of such leasehold or use interest or to the lease or use income of the lessee. Otherwise, for purposes of taxation when property of the system is leased to or used by private parties to be employed solely for purposes of the system, the activities of the lessee shall be considered as the activities of the system, and the exemption provided for in this Section shall apply to such property and activities.
B. Except as provided in this Chapter and by laws generally applicable to political subdivisions, the system shall not be subject in any respect to the authority, control, or supervision of any regulatory body of the state, including but not limited to the Public Service Commission or by any political subdivision of the state. The system shall not be deemed a common carrier by any court of this state in a suit for personal injury or property damage. It shall cause its financial records to be audited annually, shall be subject to inspection and audit by the legislative auditor, and shall be subject to state laws relating to open meetings, public records, and public contracts.
Acts 2005, No. 463, §1, eff. Jan.1, 2006.
A. All members of a regional transit entity board shall receive and complete at least six hours of annual training, beginning the first year any such member takes office. The training shall be approved by the staff of the regional planning commission where the regional transit entity is located and shall include the duties, responsibilities, ethics, and substance of the positions held or to be held by such members.
B. The regional planning commission staff shall determine the eligibility of training sessions to be counted for purposes of this Section. Board members may attend training sessions covering topics that include but are not limited to transit planning; financing, operations, and design best practices; parliamentary procedure; public hearing procedure; cultural sensitivity; ethics; workforce and labor issues; public engagement; transit entity governance; and requirements of the Americans with Disabilities Act.
C. Board members shall document their attendance of training sessions in a written statement filed with the chief executive officer of the regional transit entity. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. The chief executive officer shall submit the documentation to the regional planning commission annually.
D. Failure of a member to receive and complete the requisite number of training hours within the first year after the member takes office and annually thereafter or to file the statement required by Subsection C of this Section shall constitute a cause for removal of the member by the appointing authority.
E. Failure of one or more members to receive and complete training required by this Section shall not affect, impact, or invalidate any action taken by a regional transit entity board.
F. The provisions of this Section shall apply only to persons appointed to a regional transit entity board on and after January 1, 2015.
G. As used in this Section, the following terms shall have the following meanings unless the context requires otherwise:
(1) "Board" means the board or commission which serves as the governing body of a regional transit entity.
(2) "Regional transit entity" includes each area public transit system and regional public transit authority that administers a public transit system within a metropolitan area and that is created by law as a political subdivision of the state.
Acts 2014, No. 460, §1; Acts 2014, No. 676, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
§§1521 to 1536 Repealed by Acts 1977, No. 221, §1
This Chapter shall be known and may be cited as the "River Parishes Transit Authority Act of 1976."
Added by Acts 1976, No. 638, §1.
The following words and terms shall have the meaning indicated unless the context shall clearly indicate a different meaning:
(1) "Authority" means the River Parishes Transit Authority.
(2) "Board" means the board of commissioners and governing body of the authority.
(3) "Area" means the territory comprising the parishes of St. Charles, St. James and St. John the Baptist.
(4) "Local government" means any one of the parishes of St. Charles, St. James and St. John the Baptist.
(5) "Governing body" means the legislative body, commission, council, police jury, or other body charged with governing the parish.
(6) "Executive officer" means the chief executive officer or any other officer charged with the duties customarily imposed on the chief executive officer of the parish.
(7) "Transit system" means all property, real or personal, used in the public transportation of passengers for hire except as are exempted in the body of the Act, including but not limited to power plants, substations, lines, poles, and wires, as may be required solely for the operation of the present and future transit system(s), terminals, garages, bridges, tunnels, carbarns, streetcars, buses, aerial structures, ferries, rails, stations, concessions, off-street parking, and other facilities for the comfort, safety and convenience of transit passengers, rights and licenses therefor.
(8) "Transit project" means any unit, structure, facility, or undertaking in any combination which may be a component part of a transit system.
(9) "Cost of transit system or project" means according to accepted principles of accounting, the total cost, paid or incurred, to study, plan, design, finance, acquire, construct, or otherwise develop the component parts of a transit system or transit project to a normal operating or revenue producing condition, including any relocation costs and the capitalization of expenses, direct or indirect, paid or incurred, in connection therewith. Without intending to limit in any way those expenses which may be capitalized as set forth in the preceding sentence, it is understood that such expenses shall include interest which it is estimated will accrue on obligations issued by the authority to finance the construction of any transit system or project during the construction period and for six months thereafter and all startup costs incurred in placing such system or project in operation.
(10) "Federal government" means the United States of America, or any department, agency or instrumentality thereof.
(11) "Intraparish activity or facility" means any route, within the system, whose origin and destination is situated solely within one parish; any construction, equipment, and facilities situated exclusively within and having direct and predominant impact upon such participating parish. Intraparish activities by way of illustration, may include but are not limited to, standards of service, scheduling, rates, terminals, garages, transit bridges, transit tunnels, carbarns, streetcars, buses, transit rails, transit lines, transit poles, transit wires, stations, concessions, transit power plants and substations, parking and other facilities for the comfort, safety, and convenience of transit passengers, rights and licenses therefor.
(12) "Interparish" means any route or portion of a route within the system; or construction, equipment, and facilities other than as defined in intraparish above.
(13) "Bonds and notes" means bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness authorized to be issued by an authority pursuant to this Act.
(14) "Civil service" means the state civil service system.
(15) "Private transit and operator" means any privately owned and operated transit operation that operates as a private enterprise within the authority's geographic area.
(16) "Transportation related taxes" may include, but not necessarily be limited to gasoline tax, parking tax, licensed vehicle tax based upon vehicle weight and/or horsepower, airport head tax, taxicabs tax, etc.
Added by Acts 1976, No. 638, §1.
A. There is hereby created the River Parishes Transit Authority, subject to the conditions hereinafter set forth, which shall be a body politic and corporate and a political subdivision of the state comprising all of the territory in the parishes of St. Charles, St. James, and St. John the Baptist. The domicile of the authority must be situated within one of the above named parishes, and the authority shall so designate, promulgate, and file such designation in accordance with law.
B. The purpose for which the authority is created is to plan, design, lease (as lessee), purchase, acquire, hold, own, construct, improve, have an equity in, finance, maintain, and administer a transit system within the area, to operate same or contract therefor, and to lease (as lessor) same for operation by private parties.
Added by Acts 1976, No. 638, §1; Acts 1999, No. 1371, §1.
A.(1) The board of commissioners of the authority shall be composed of seven members to be appointed in the following manner:
(a) One member from each of the three parishes to be appointed by the governing authority of such parish.
(b) One member to be appointed by the governing authority of St. Charles Parish from a list of three nominees submitted by the St. Charles Business Association, one nominee submitted by the River Area Council of the New Orleans Regional Chamber of Commerce, and three nominees submitted by the Louisiana AFL-CIO.
(c) One member to be appointed by the governing authority of St. James Parish from a list of three nominees submitted by the St. James Business Association, one nominee submitted by the River Area council of the New Orleans Regional Chamber of Commerce, and three nominees submitted by the Louisiana AFL-CIO.
(d) One member to be appointed by the governing authority of St. John the Baptist Parish from a list of three nominees submitted by the St. John Business Association, one nominee submitted by the River Area Council of the New Orleans Regional Chamber of Commerce, and three nominees submitted by the Louisiana AFL-CIO.
(e) One at-large member representing the local workforce development board and appointed by a majority vote of the three parishes.
(2) Each commissioner must be domiciled within the parish from which he is appointed, except for the one at-large member representing the workforce development board, who must be domiciled within the state.
(3) All commissioners shall be subject to confirmation by the Senate.
B. Such appointees may be either elected public officials or citizens holding no other public office, or both. Appointees to any agency, board, or commission of any of the parishes shall not be deemed as holding any other public office, provided such appointee shall not receive per diem from any such agency, board or commission.
C. All initial terms shall begin September 15, 1999. After the initial terms have expired, appointments shall be concurrent with the terms of the appointing authority, except that a vacancy shall be filled for the unexpired portion of the term by the authority which made the original appointment. A member of the authority may be appointed by the appropriate authority to succeed himself.
D. Members of the board may be removed for just and reasonable cause at the discretion of the respective appointing authority. In case of abandonment of his office, conviction of a felony or a plea of nolo contendere thereto, the office of a member shall be vacant upon the declaration of the board. A member shall be deemed to have abandoned his office upon failure to attend any regular or special meeting of the board for a period of four months without an excuse approved by a resolution of the board, or upon change of his domicile from the parish which he represents on the authority.
E. The board may establish a system by which each board member shall receive per diem or where the members shall be reimbursed for actual expenses incurred by him in the performance of his duties, as approved by the board. A board member who is not an employee in the state civil service system shall not be allowed employee benefits as authorized under Subsection J of this Section.
F. The board shall elect from its members a chairman and vice chairman for terms to expire on December thirty-first of each year. The presiding officer of the board may continue to vote as any other member, notwithstanding his duties as presiding officer, if he so desires.
G.(1) The board shall hold at least one meeting each month. The secretary of the board shall give written notice to each member of the board at least five days prior to any meeting. The secretary shall be informed of any meeting to enable him to give notice as above.
(2) A quorum shall consist of five members. A quorum may exercise all the powers and perform all the duties of the board, except as otherwise provided or as limited by its bylaws. No vacancy in the original membership of the board or thereafter shall impair the power of the board to act. All meetings of the board, its executive committee, or any committee appointed by the board, at which any official business is transacted shall be open to the public, and the minutes of the meetings and any documents or reports which are a part of or are referred to in the minutes shall be open to public inspection in accordance with reasonable rules and regulations prescribed by the board. The board shall furnish certified copies of such public records upon written request and upon payment of a reasonable charge therefor.
H. The board shall appoint and employ, as needed, a general manager and his assistant, a secretary, a treasurer, and a general counsel, none of whom may be members of the board or a relative of a member of the board, and delegate to them such authority as it may deem appropriate. It may make such bylaws or rules and regulations as it may deem appropriate for the conduct of its own affairs, not inconsistent with this Chapter, including the establishment of an executive committee to exercise such authority as its bylaws may prescribe.
I. The treasurer of the authority and such other officer and employees of the authority and such members of the board as the board may determine shall execute corporate surety bonds, conditioned upon the faithful performance of their respective duties. A blanket form of surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure or closing of any depository which has been approved as a depository for public funds.
J. All permanent employees of the authority, other than the commissioners, the secretary, the treasurer, the general counsel, and the general manager and his assistant shall be classified employees in the state civil service system and as such shall be eligible to participate in the Louisiana State Employees' Retirement System; however, no part-time employee shall participate in group insurance or retirement benefits. Consultants or other persons or groups furnishing services under contract, including but not limited to managerial, engineering, planning, or legal services, shall not be an employee of the state civil service system regardless of the length of their contracts or the nature of the services rendered.
Added by Acts 1976, No. 638, §1; Acts 1999, No. 1371, §1; Acts 2015, No. 426, §5; Acts 2016, No. 614, §3.
The authority shall have all powers necessary or convenient to accomplish the aforesaid purposes including, by way of illustration and not limitation, the following:
A. The powers, privileges, and immunities authorized by law for private corporations and for instrumentalities of government. The authority may sue and be sued in its corporate name. The board may adopt and use a common seal for the authority and change it at its pleasure.
B. The power to appoint, select, and employ officers, agents, and employees, including planning, engineering, architectural and construction experts, fiscal agents and attorneys, to contract for the services of individuals or organizations not employed full time by the authority, but who are engaged primarily in the rendition of personal services and not the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, engineers, architects, planners, consultants, and advisors, allowing them suitable compensation. Contracts for such services shall be awarded in accordance with applicable law.
C. The power to acquire by lease (as lessee), grant, gift, exchange, purchase or otherwise own, and use any franchise, servitude, property (real or personal, tangible or intangible), or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof or exchange same for other property or rights which are useful for its purposes.
D. The power to acquire by gift, purchase, lease (as lessee), or otherwise, or to construct, improve, maintain, repair, operate or administer any component parts of a transit system, together as a system, or singly, or in groupings, as transit projects, or to contract for the maintenance, operation or administration thereof or to lease (as lessor) same for maintenance, operation or administration by private parties.
E. The power to develop data, plans and information and develop and carry out transportation demonstration projects, including the development, testing and demonstration of new facilities, equipment, techniques and methods, and the improvement and utilization of transportation services and facilities, and any other means of developing, utilizing or improving transportation in the area. Also, in other respects, the power to conduct engineering, financial and economic studies, and to make plans, designs and tests related to transit projects. In connection therewith the authority may enter in a reasonable manner upon any lands, waters or premises for the purpose of making reasonable surveys, soundings, drillings, and examinations and such entries shall not be deemed a trespass except that the authority shall be liable for any actual and consequential damages resulting from such entries.
F. The power to cooperate, participate, and coordinate with the federal government, or the state of Louisiana, or any agency, or instrumentality thereof, or any municipal governing body within the parish or instrumentality thereof, or the parish planning commission or any similar agency in the execution of any studies, plans or projects designed for the coordination of its transit system with other transportation in the area and with any comprehensive planning and development of the area.
G. The power to make and execute all contracts and other instruments necessary or convenient to the exercise of the powers of the authority to include by way of illustration, but not limitation, the following contracted powers:
(1) The power to contract for managerial and operating services;
(2) The power to enter into contracts with the state of Louisiana and any agency, instrumentality or authority thereof and with any parish and municipal governments, for public transportation services to be rendered by the authority or its transit system, and for any other purposes incidental to the establishment and maintenance of its transit system, or any part or project thereof, including the payment of funds to subsidize the operations of such system if it should ever be necessary to do so, and the usual facilities related thereto;
(3) The power to make agreements with the federal government, the state of Louisiana, any agency, instrumentality or political subdivision thereof, for payments to the authority in lieu of fares for the transportation of personnel or other persons for whom such department, agency, instrumentality, or political subdivision desires such transportation; and
(4) The power to contract with any public utility, railroad or transportation company for the joint use of property rights, or for the establishment of through routes, joint fares or transfer of passengers.
H. The power to apply for and accept grants or other assistance from the federal government or from any source whatever, to act as agent for the federal government, and to enter into contracts, loans, leases or other transactions with the federal government.
I. The power to borrow money from private lenders, or from the federal government, or to the extent otherwise authorized by law, from the state of Louisiana or any local government within the area, in such amounts as may be necessary for the purposes of the authority and, in connection therewith to issue negotiable notes, bonds, refunding bonds and other evidences of indebtedness or obligations of the authority, and to secure the payment thereof, or any part thereof, by conventional mortgages and/or by pledge of its revenues, rentals, taxes and receipts, and to make such agreements with the purchasers or holders thereof, or with others in connection therewith, whether issued or to be issued as the board may deem advisable. But the authority shall have no power in any manner to pledge the property, credit or taxing power of any local government, nor shall any of its obligations be deemed to be obligations of any local government, nor shall any local government be liable for the payment of principal or interest on such obligations.
J. Other provisions of the law to the contrary notwithstanding the power to fix, alter, charge and collect fares, rates, rentals and other charges for its facilities by zones or otherwise at reasonable rates to be determined exclusively by the board, subject to judicial review, as hereinafter provided.
K. The power to provide for police and fire protection having jurisdiction over the facilities of the authority provided that the board may contract for such services with municipalities or parishes or both, or with private enterprise, within its jurisdiction.
L. The power to plan, develop, build and operate, if in the authority's majority judgment it is desirable, a mass transit system between the facilities operated by the authority and to other points, and to acquire or contract with such other existing transit systems which private enterprise should no longer desire to operate, but whose continuity the authority deems necessary in the public interest.
M. The power to make agreements with the federal government, the state of Louisiana, any agency, instrumentality or political subdivision thereof, for payments to the authority in lieu of fares for the transportation of personnel or other persons for whom such department, agency, instrumentality or political subdivisions desires such transportation.
N. The power to make studies and establish procedures and regulations endeavoring to prevent air contamination and water and land pollution within its jurisdiction, and to coordinate the efforts of and cooperate with other governmental agencies dealing with the problems of pollution and the environment.
O. The power to mortgage properties constructed or acquired by the authority, and to mortgage and pledge any lease or leases and the rents, income and other advantages arising out of any leases granted, assigned, or subleased by the authority.
P. The power to operate visitor tolls, rental areas and to levy charges, tolls, fees, head taxes, and/or use taxes, and grant permits for admission to or for the use of its facilities; and to issue licenses and permits for operations and related activities conducted on, or between the facilities of the authority.
Added by Acts 1976, No. 638, §1.
A. The board shall fix fares, rates, and rentals and charges in such amounts as shall be sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds, certificates and other obligations payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the issuance of bonds or certificates under this Act, and for the payment of all operating costs and expenses which shall be incurred by the authority, including provision for appropriate reserves.
B. The term "charges" shall include revenues from contracts with local governments within the area under which the authority has agreed to render for them the public transportation service.
C. The board shall determine after public hearings as hereinafter provided, the routes, types of constructions, equipment, facilities, and the scope and standards of service to be operated by the authority, the scheduled services to be made available to the public and the amounts to be charged therefor. Before making any determinations as to scheduled services or amounts to be charged therefor, the board shall first hold at least one public hearing after giving notice of the time and place by advertising three times on different days in at least the newspaper having the largest paid circulation in the area not more than ten days nor less than five days prior to the hearings. As to all other matters, the board may hold such public hearings as it may deem appropriate, and as to all public hearings, it may prescribe reasonable rules and regulations to govern such hearings not inconsistent with this Chapter.
D. Prior to determining the basic routes over which the authority shall operate its system and stations connected therewith, the board shall consult with the local governing body of the territory involved, and, additionally, shall hold at least one public hearing within the territory of each local government within the area, at which hearing the local governing body, or its representative, and the public may be heard.
Added by Acts 1976, No. 638, §1.
In borrowing money and as a grant of power in addition to other authority to issue bonds, the board is authorized to issue revenue bonds of the authority with the approval of the State Bond Commission, for any purpose within the rights and powers delegated to the authority.
A. The board is hereby authorized to pledge for the payment of the principal and interest of such negotiable bonds the fares, fees, rental charges and other income or revenue derived from the facilities and properties maintained and operated by the authority and any gifts, grants or contributions from any other sources whatsoever including, but not limited to, other monies which by law or contract may be made available to the authority. The board shall prescribe the conditions and details of such bonds and in addition to the pledges of income, revenues, etc., payment of bonds of the authority may be further secured by a conventional mortgage upon any and all of the properties constructed or acquired, or to be constructed and acquired by it.
B. Such bonds shall be authorized and issued by a resolution of the board of the authority and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate not exceeding eight per centum per annum, payable semiannually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms or redemption not exceeding one hundred and five percent of the principal amount thereof, and be entitled to such priorities on the income, revenues and taxes of the authority as such resolution or resolutions may provide.
C. The bonds shall be signed by the president and secretary of the board of commissioners of the authority, one of which signatures may be a facsimile, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officers of the authority. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered.
D. Bonds issued under the provisions of this Chapter shall be sold for not less than par and accrued interest to the highest bidder at public sale after advertisement by the board at least once a week for three weeks, with the first publication being not less than twenty-one days prior to the date of sale in a newspaper of general circulation with the jurisdiction of the authority, and in a financial newspaper or journal published in the city of New York or the city of Chicago, reserving to the authority the right to reject any and all bids and to readvertise for bids.
E. Prior to the preparation of definitive bonds the board may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter.
F. The board may in any resolution authorizing the issuance of such bonds enter into such covenants with the future holder or holders of the bonds as to the management and operation of facilities, the lease or rental thereof, the imposition and collection of fees and charges for services and facilities furnished by the authority, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against such facilities and the revenues therefrom, the carrying of insurance on the facilities, the keeping of books and records, and other pertinent matters, as may be deemed proper by the board to assure the marketability of the bonds, provided such covenants are not inconsistent with the provisions of this Chapter.
Any holder of the bonds or any of the coupons thereto attached may by appropriate legal action compel performance of all duties required of the authority and officials of the authority by this Chapter.
G. If any bond issued under the provisions of this Chapter is permitted to go into default as to principal or interest, any court of competent jurisdiction may pursuant to the application of the holder of the bond, appoint a receiver for the facilities of the authority, which receiver shall be under the duty of operating the facilities and collecting and distributing the revenues thereof pledged to the payment of the bonds, pursuant to the provisions and requirements of this Chapter and the resolution authorizing the bonds.
H. Such bonds may in the discretion of the board be additionally secured by conventional mortgage on all or any part of the properties or facilities acquired, constructed, extended or improved with the proceeds thereof, and the board shall have full discretion to make such provisions as it may see fit for the making and enforcement of such mortgage and the provisions to be therein contained.
If more than one series of bonds issued under the provisions of this Chapter is payable from the revenues of any facility, priority of lien on such revenues shall depend on the time of delivery of the bonds, each series enjoying a lien prior and superior to that enjoyed by any series of bonds subsequently delivered, except that where provision is made in the proceedings authorizing any issue or series of bonds for the issuance of additional bonds in the future on a parity therewith pursuant to procedure or restrictions provided in such proceedings, additional bonds may be issued in the future on a parity with such issue or series in the manner so provided in such proceedings. As to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the board may in the proceedings authorizing the issuance of the bonds provide that all of the bonds of the series or issue shall be coequal as to lien regardless of the time of delivery.
I. The board may issue bonds of the authority under the provisions of this Chapter payable from the revenues to be derived from any facility owned and operated by the authority, whether or not facilities are related or used in conjunction, for the purpose of constructing, acquiring, extending or improving any one or more of the facilities, which bonds may be additionally secured by a conventional mortgage upon such facilities and the taxes authorized to be imposed hereunder.
J. The board is hereby authorized to provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding outstanding bonds issued pursuant to the provisions of this Chapter. Such refunding bonds may either be sold and the proceeds applied to or deposited in escrow for the retirement of the outstanding bonds, or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds all herein required to be authorized, and the board in authorizing the refunding bonds of the authority shall provide for the security of the bonds, the sources from which the bonds are to be paid and for the rights of the holders thereof in all respects as herein provided for other bonds issued under authority of this Chapter. The board may also provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded. No bonds may be refunded hereunder unless they either mature or are callable for redemption under their terms within ten years from the date of issuance of the refunding bonds, or unless the bidders thereof voluntarily surrender them for exchange or payment.
K. The board is hereby authorized to provide in the resolution authorizing the issuing of bonds under the provisions of this Chapter that such bonds shall recite that they are issued under authority of this Chapter. Such recital shall conclusively import full compliance with all of the provisions of this Chapter and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value after thirty days from the date of publication of the resolution authorizing their issuance.
L. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are contemplated by this Chapter. For a period of thirty days from the date of publication of the resolution authorizing the issuance of bonds hereunder, any person or persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, after which time no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause, whatsoever. If no suit, action or proceedings are begun contesting the validity of the bonds within thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters. Such bonds shall have the qualities of negotiable instruments under the law merchant and the laws pertaining to commercial papers of the state of Louisiana.
M. Upon the payment in full in principal and interest of all bonds of the authority issued by the board under the terms of this Chapter and secured by all or any portion of any tax or other source of income or revenue authorized therein, or upon the irrevocable deposit of sufficient funds for the payment and redemption of all such bonds in principal, interest and redemption premiums, if any, to their respective maturity or call dates, the levy of any such tax shall be discontinued and terminated. If no bonds of the authority have been issued, by the board secured by all or part of the proceeds of any such tax, the tax may be terminated at any time by resolution of the board and in the absence of a resolution terminating it, it shall terminate automatically five years from the date of the adoption of the resolution imposing the tax.
N. The board may pledge all or any part of the proceeds of the aforesaid tax to the payment of bonds authorized pursuant to this Chapter under such terms and conditions consistent with the provisions of this Chapter as the board may prescribe and as are contained in the resolution or resolutions providing for the issuance of such bonds.
O. When any bonds shall have been issued hereunder secured by all or any portion of any tax, neither the legislature, the authority, nor any power may discontinue or decrease the tax or permit to be discontinued or decreased the tax in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the proceeds of such tax which would diminish the amount of tax revenues to be received by the authority until all of such bonds shall have been retired as to principal and interest and irrevocable provisions otherwise made for their complete redemption and payment in principal and interest and redemption premium, if any.
P. Prior to the issuance of any bonds hereunder, any revenue of the authority derived from any source whatsoever, including any tax authorized herein, may be used by the authority for the payment of any expenses incurred in determining the feasibility of a facility or facilities or any aspects of the authority's operation and developing plans therefor, including engineering, architectural, legal and administrative costs and fees incidental thereto. It being incumbent upon the authority to pay only such fees and such amounts as are current in the market at the time of the sale, in such a manner to assure that the public interest has been protected.
Q. The authority shall invest its idle funds in accordance with the Investment of Idle Funds Act.
Added by Acts 1976, No. 638, §1.
The board shall have continuing power to purchase equipment, and in connection therewith execute agreements, leases or equipment trust certificates in the form customarily used and appropriate to effect such purchase. The board may issue equipment trust certificates in a manner similar to that provided for bonds under Section 1607. All money required to be paid by the authority under the provisions of such agreements, leases and equipment trust certificates shall be payable solely from the fares, fees, rentals, charges, revenues and earnings of the authority, monies derived from the sale of any surplus property of the authority and gifts, grants and contributions from any source whatever. Payment for such equipment or rentals therefrom, may be made in installments; the deferred installments may be evidenced by equipment trust certificates payable solely from the aforesaid revenues or receipts, and title to such equipment may or may not vest in the authority until the equipment trust certificates are paid.
Added by Acts 1976, No. 638, §1.
The authority shall have no power of eminent domain, but the parishes may, for purposes of the authority, exercise the broadest power of eminent domain available to them or any agency or joint agency thereof, under any statute, and convey to the authority any property so acquired upon payment or credit for the total cost of any acquisition hereunder. However, no local governing body shall exercise any power of eminent domain hereunder with respect to property located beyond its territorial limits.
Added by Acts 1976, No. 638, §1.
A. Except in the acquisition of unique property, all purchases, acquisitions, contracts, leases, bond sales, etc., of the authority referred to in the provisions of this Chapter shall be conducted in accordance with the public bid laws of this state where an expenditure in excess of one thousand dollars is involved.
B. The authority may dispose of property by contract as provided for herein. Property shall be sold only to the highest responsible bidder only after the property has been advertised for disposition once a week for two successive weeks in the newspaper having the largest paid circulation in the parish in which the property is located and in the parish where the board is domiciled. The advertisement shall accurately describe the property to be sold, shall name the place where the property is located or otherwise available for public inspection and the place, date, and time, that the bids shall be publicly presented, opened and read. All such bids shall be opened and read on the same day presented.
Added by Acts 1976, No. 638, §1.
A. Every member of the board and every employee of the board or the authority who knowingly has any interest direct or indirect in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the board and, if a board member, to his appointing authority. Failure to disclose such an interest shall constitute cause for which a board member may be removed by the appointing power, or an employee discharged or otherwise disciplined at the discretion of the board.
B. Provisions of Parts I and II of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 19501, regulating the conduct of public employees shall be applicable to the conduct of its board members, officers, employees and agents of the authority.
C. Any contract or transaction of the authority involving a conflict of interest not disclosed under Subsection A hereof, or a violation of any other provision of law applicable to the authority, its board members, officers, or employees regulating conflicts of interest, shall be voidable by the board provided such action does not adversely affect the interest of innocent third parties. It is expressly provided, however, that this provision shall not apply to any indenture, agreement, contract or transaction which constitutes security, direct or indirect, for the payment of bonds or other obligations of the authority and the judgment and order confirming and validating any such bonds or other obligations as provided for in Section 15072 hereof, shall constitute a final and conclusive adjudication as to any such security.
Added by Acts 1976, No. 638, §1.
1Sections 1101 and 1111 et seq.
2Should probably be 1607.
The board shall make provision for a system of financial accounting and controls, audits and reports. Copies of each financial report required under this Section shall be furnished to each local governing body in the area. All financial reports, reports and documents of the authority shall be public records and open to public inspection under reasonable regulations prescribed by the board and other applicable law.
Added by Acts 1976, No. 638, §1.
A. The board shall make provisions for an annual operating budget and an annual capital improvements budget. Copies of each budget, proposed or as finally adopted, shall be furnished to each local governing body in the area.
B. During each fiscal year the board shall propose an annual operating budget and an annual capital improvements budget for the ensuing fiscal year and hold a public hearing thereon. After such public hearing the board shall review its proposed budgets, and on or before the last day of the fiscal year, it shall adopt an annual operating budget and an annual capital improvements budget for the ensuing fiscal year.
Added by Acts 1976, No. 638, §1.
A. The authority shall not be required to pay any taxes or assessments upon any property acquired or used by it under the provisions of this Chapter. The income therefrom shall be exempt from taxation of any type by the state of Louisiana and by any parish, municipality or political subdivision of the state. In the event of any lease of authority property, or any other arrangement which amounts to a leasehold interest to a private party, this exemption shall not apply to the value of such leasehold interest, nor shall it apply to the income of the lessee. Otherwise, however, and for purposes of taxation, when property of the authority is leased to private parties to be employed solely for purposes of the authority, the acts and activities of the lessee shall be considered as the acts and activities of the authority and the exemption hereunder shall apply to such acts and activities.
B. Except as provided herein, the authority shall not be subject in any respect to the authority, control, or supervision of any regulatory body of the state including but not limited to the public service commission or any political subdivision thereof, but its books and records shall be subject to audit annually by the legislative auditor.
Added by Acts 1976, No. 638, §1.
A. Provision for a mass transit system within the area is declared for the purposes of this Chapter to be an essential governmental function and a public purpose of the parishes of St. Charles, St. James and St. John the Baptist.
B. The board and the local governing body of these parishes, subject to such limitations as are hereinafter in this Section set forth, may negotiate and determine the extent of financial participation and the time or times such financial participation may be required with respect to each of the local governments in order to finance the provision for a mass transit system through the joint instrumentality of the authority. If such determination contemplates a contractual obligation on the part of a local government to make payments to the authority over a period of time exceeding one year or to issue any bonds or other obligations evidencing indebtedness, such determination shall take the form of a mass transit contract to be entered into between the authority and the local government. The final execution of a mass transit contract shall be completed in every instance in the manner hereinafter set forth in this Section.
C. As one method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a mass transit project or projects, a local government may in the manner prescribed by law and subject to the conditions and limitations prescribed by law, issue its general obligation bonds, pay over the proceeds thereof to the authority and thereby complete and make final the execution of the proposed mass transit contract anticipated by such bond authorization and issuance and the authority shall agree in such contract to perform for such local government the aforesaid governmental function and to provide specified public transportation services and facilities.
D. As an alternative method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a mass transit project or projects, a local government may enter into mass transit contract or contracts calling for the authority to perform for it the aforesaid governmental function and calling for it to make periodic payments to the authority for the public transportation services and facilities contracted for, which payments may include amounts required to defray the periodic principal and interest payments on any obligations issued by the authority for the purpose of financing the cost of any mass transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service and to provide for renewals, extensions, repairs and improvements and additions to the mass transit system, and amounts required to defray any operational deficit which the system or any part thereof may incur from time to time.
E. Before a mass transit contract such as is described in Subsection D shall become valid and binding on a local government which is a party thereto, the same must have been approved by a majority of the qualified voters of the local government voting in a referendum held in accordance with the statutory and constitutional provisions of this state governing elections. If a majority of those voting in such an election vote in favor of the proposition submitted then the mass transit contract as approved shall become valid and binding in accordance with its terms.
F. A local government may elect any method provided in this Section to finance the participation required of it in whole or in part, and the election of one method shall not preclude the election of another method with respect thereto or with respect to any additional or supplementary participation determined to be necessary.
G. When the authority and a local government have completed and fully executed a mass transit contract in compliance with the requirements of this Chapter, and the voters shall have approved such contract as herein provided, such contract shall constitute an obligation on the part of the local government for the payment of which its good faith and credit are pledged.
Added by Acts 1976, No. 638, §1.
The authority is hereby authorized to participate in any new or additional tax related to transit and/or transportation that may be imposed in the future by the state legislature, provided, however, that the proceeds from said statewide tax will be prorated to all parishes in the state on a population formula for use by said parishes for transit and/or transportation purposes.
Added by Acts 1976, No. 638, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
The Chapter shall be known and may be cited as the Regional Transit Authority Act of 1979.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
The area comprising the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and other parishes, has developed and continues to develop into a metropolitan area with a common interest in the cultural, social, and economic well-being of the people therein and the development of the educational, commercial, and industrial resources thereof. There exist in this metropolitan area serious traffic conditions and congestions and serious mass transportation problems which impede and will increasingly impede the development of these common interests toward their fullest potential. Concerted governmental action is needed to alleviate such traffic conditions and congestion, correct deficiencies in mass transportation, coordinate and balance the transportation facilities operating therein, and otherwise provide a sounder basis for the development of traffic patterns and control. The development of a mass transportation system through a joint instrumentality of the local governments within the metropolitan area is a reasonable approach to the aforesaid needs and problems. The cultural, social, and economic well-being of the people in the metropolitan area and the development of the educational, commercial, and industrial resources thereof are matters of public interest and concern throughout the state. Accordingly, it is the public policy of this state, as a matter of public health, safety, convenience, and welfare, to promote the establishment of such a joint instrumentality, encourage participation therein by the local governments involved, facilitate the accomplishment of its purposes, and bring about solutions to the aforesaid needs and problems.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
For purposes of this Chapter, the following words have the meanings ascribed to them by this Section, except where the context clearly indicates otherwise:
(1) "Authority" means the Regional Transit Authority.
(2) "Board" means the board of commissioners and governing body of the authority.
(3) "Bonds and notes" means bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness authorized to be issued by an authority pursuant to this Act.
(4) "Civil service" means the state civil service system.
(5) "Cost of rapid transit system or project" means the total cost, according to accepted principles of accounting, paid or incurred to study, plan, design, finance, acquire, construct, or otherwise develop the component parts of a rapid transit system or rapid transit project to a normal operating or revenue-producing condition, including any relocation costs and the capitalization of expenses, direct or indirect, paid or incurred, in connection therewith. Without limiting in any way those expenses which may be capitalized as set forth in the preceding sentence, it is understood that such expenses shall include interest which is estimated to accrue on obligations issued by the authority to finance the construction of any rapid transit system or project during the construction period and for six months thereafter and all start-up costs incurred in placing such system or project in operation.
(6) "Executive officer" means the mayor, chief executive officer, parish president, president of a police jury, or any other officer charged with the duties customarily imposed on the mayor or chief executive officer of the parish or municipality.
(7) "Federal government" means the United States of America, or any department, agency, or instrumentality thereof.
(8) "Interparish" means any route or portion of a route within the system; or construction, equipment, and facilities other than as defined in intraparish above.
(9) "Intraparish activity or facility" means any route, within the system, whose origin and destination is situated solely within one parish; any construction, equipment, and facilities situated exclusively within and having direct and predominant impact upon such participating parish. Intraparish activities by way of illustration, may include but are not limited to, standards of service, scheduling, rates, terminals, garages, transit bridges, transit tunnels, carbarns, streetcars, buses, transit rails, transit power plants and sub-stations, parking and other facilities for the comfort, safety, and convenience of transit passengers, rights and licenses therefor.
(10) "Local governing body" means the city council, parish council, police jury, or similar official governing body of a parish or other political subdivision within the metropolitan area.
(11) "Local government" means any one of the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, or such other adjacent parishes as may elect to participate.
(12) "Management class" or "class of position" means a definitely recognized kind of employment designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities, and consequent qualification requirements that they can fairly and equitably be treated alike under like conditions for all personnel purposes in which the primary duty or responsibility is policy, planning, accounting, administration, clerical, grants management compliance, engineering, finance, security, and technology.
(13) "Parish eligible to participate" shall include the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and any other parish adjacent to a member parish whose local governing body has authorized application for membership in the authority.
(14) "Private transit and operator" means any privately owned and operated transit operation that operates as a private enterprise within the authority's geographic area.
(15) "Public transit revenue operating miles" means the miles which a public transit vehicle travels when in revenue service. A public transit vehicle is in revenue service only when the vehicle is available to the public and there is a reasonable expectation of carrying passengers that either directly pay fares, are subsidized through public policy, or provide payment through some contract arrangement.
(16) "Rapid transit system or project" means a transportation system the primary function of which is to provide a mass transportation service principally by the use of high speed vehicles traveling on rights of way fully protected from other vehicular and pedestrian traffic, a secondary function of which is to provide a feeder-type mass transportation service therefor, and an incidental function of which is to provide facilities necessary thereto and other facilities for the comfort, safety, and convenience of its passengers. A rapid transit project is any transportation project which may contribute to the development or operation of a rapid transit system.
(17) "Regional area" means the jurisdictional area of the authority comprising the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and such other adjacent parishes as may elect to participate, but excluding the territory of any local government which may decline membership on the board or withdraw from the authority as provided in this Chapter.
(18) "Transit project" means any unit, structure, facility, or undertaking in any combination which may be a component part of a transit system.
(19) "Transit system" means all property, real or personal, used in the public ground transportation of passengers for hire except as are exempted in the body of the Act, including but not limited to power plants, sub-stations, lines, poles, and wires, as may be required solely for the operation of the present and future transit system or systems, terminals, garages, transit bridges, transit tunnels, carbarns, streetcars, buses, rails, stations, concessions, off-street parking, and other facilities for the comfort, safety and convenience of transit passengers, rights and licenses therefor.
(20) "Transportation project" means any unit, structure, facility, or undertaking in any combination which may be a component part of a transportation system.
(21) "Transportation related taxes" may include, but not necessarily be limited to gasoline tax, parking tax, licensed vehicle tax based upon vehicle weight or horsepower, or both, airport head tax, and taxicabs tax.
(22) "Transportation system" means all property, real or personal, useful for the public ground transportation of passengers for hire, including but not limited to power plants, substations, terminals, garages, tunnels, subways, elevated rails, aerial structures, monorails, rail motive power, trains, railroad passenger cars and equipment, belt conveyors, inclines, carbarns, streetcars, buses, rails, lines, poles, wires, stations, concessions, off-street parking, and other facilities for the comfort, safety, and convenience of transit passengers, rights and licenses therefor, and rights to provide group and party services.
(23) "Weighted vote" means each vote cast by a member of the authority shall be equal to the percentage of the individual parish's public transit revenue operating miles in relation to the total public transit revenue operating miles operated and controlled by the authority, divided equally among all members appointed by the chief executive officer of that parish. The resulting percentage shall also be allocated to each vote cast by a member in order to determine quorums.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979. Amended by Acts 1980, No. 293, §1, eff. July 13, 1980; Acts 1989, No. 767, §1; Acts 2019, No. 264, §1, eff. June 30, 2019; Acts 2024, No. 402, §1, eff. May 28, 2024.
A. There is hereby created the Regional Transit Authority, subject to the conditions hereinafter set forth, which shall be a body politic and corporate and a political subdivision of the state of Louisiana comprising all of the territory in the parishes of Jefferson, Orleans, St. Bernard, and St. Tammany, or of such of the aforesaid or other parishes as elect to participate in the authority. The domicile of the authority shall be the parish of Orleans, but may be situated in one of the other participating parishes but only by the affirmative vote of a majority of the total weighted vote of the authority.
B. The purpose for which the authority is created is to plan, design, lease as lessee, purchase, acquire, hold, own, construct, improve, have an equity in, finance, maintain, and administer a transit system within the metropolitan area to operate same or contract therefor, lease as lessor same for operation by private parties.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
A.(1) The board of commissioners of the authority shall be composed of three members from each participating parish appointed by the chief executive officer of that parish, subject to the approval of its governing authority, one member appointed by the New Orleans City Council, one member appointed from House District 102 by the state representative representing the district beginning on September 1, 2024, and this appointment shall rotate every four years thereafter between the member appointed from the house district and a member appointed from Senate District 7 by the state senator representing the district, and two members appointed by the chief executive officer of the parish with the greatest percentage of public transit revenue operating miles from recommendations of the legislative delegation of that parish as follows:
(a) One member shall be appointed from a list of four names submitted by the senators from that parish's legislative delegation, and
(b) One member shall be appointed from a list of six names submitted by the representatives of that parish's legislative delegation.
(c)(i) In the event that the senators or representatives of that parish's legislative delegation fail to submit a list of names to the chief executive officer of that parish within thirty days of the date on which notice to submit such list of names is sent to the senators or representatives of that parish's legislative delegation, then the chief executive officer of that parish shall appoint such member as would have been authorized for the senators or representatives of that parish's legislative delegation.
(ii) If any participating parish opts out of the Regional Transit Authority after August 1, 2024, the chief executive officer of the parish or governing authority shall have the power to appoint two new members to the board.
(2) Each member appointed by the chief executive officer of a parish shall be domiciled within the parish. Further, each member appointed to the authority shall possess the minimum transit expertise standards and commit to completing at least two hours of transit-specific training either before taking office or no later than one year after the office is assumed. The transit minimum standards shall be established by the board of commissioners by January 1, 2025, and shall then apply to all newly appointed commissioners.
B. Such appointees shall be qualified voters holding no elective public office. Appointees to any agency, board or commission of any participating parish shall be eligible for appointment to the board provided that no per diem is received from any such agency, board or commission by such appointee.
C. All members appointed to the board of commissioners shall serve at the pleasure of the appointing authority.
D. The members presently serving on the board of commissioners and appointed by the respective parish governing authorities shall continue to serve on the board of commissioners unless so notified by the respective parish governing authority. A member of the authority may be appointed to succeed himself.
E.(1) The parishes of Jefferson, Orleans, St. Bernard, and St. Tammany may initially decline membership on the board and participation in the authority, or any parish which has withdrawn from participation in the authority pursuant to this Chapter, and in any parish eligible to participate, the governing body may at any time request of the board the parish's entrance and participation in the authority. If participation in the authority requires the adoption or implementation of any tax on the citizens of the parish, such local governing body of the parish which is seeking to participate in the authority shall submit to the qualified voters thereof in a referendum, held in accordance with law, the question of whether or not the parish should participate in the authority. If a majority of those voting in such referendum vote in favor of participation in the authority, the local governing body shall request the board to permit the parish's participation in the authority.
(2) If no financial advantage over participating parishes has accrued to that parish by having previously declined membership the board, after being requested by the governing body, shall approve such request for membership at its next regularly scheduled meeting. The admission of any other parish eligible for membership in the authority must be approved by a two-thirds weighted vote.
(3) Thereupon such parish shall be a participant in the authority and its rights and responsibilities shall, insofar as possible, be the same as if it had participated in the authority from its beginning, provided that the parish shall assume its pro rata share of the then current expenses of the authority, as determined by the authority.
(4) A participating parish may, by resolution of its local governing body, withdraw from participation in the authority. The withdrawal shall be effective forty-five days following the authority's receipt of the resolution. Thereafter, the authority shall have no jurisdiction within that parish.
F. Members of the board may be removed for just and reasonable cause at the discretion of the respective appointing authority. In case of abandonment of his office, conviction of a felony or a plea of nolo contendere thereto, the office of a member shall be vacant upon the declaration of the board. A member shall be deemed to have abandoned his office upon failure to attend any regular or special meeting of the board for a period of four months without an excuse approved by a resolution of the board, or upon change of his domicile from the parish which he represents on the authority.
G. The board may establish a system by which each board member shall receive per diem or where the members shall be reimbursed for actual expenses incurred by him in the performance of his duties, as approved by the board. A board member shall not be allowed employee benefits as authorized under this Chapter.
H. The board shall elect from its members a chairman and vice chairman for terms to expire on December 31 of each year. The presiding officer of the board may continue to vote as any other member. Provided that in the event of a tie weighted vote where the presiding officer has voted, the action shall be considered defeated.
I.(1) The board shall hold at least ten meetings per year. The secretary of the board shall give written notice and agenda in accordance with R.S. 42:19.
(2) In order to conduct any official meeting, a quorum is required. A quorum shall consist of sufficient members present to constitute two-thirds of the weighted vote, and at least one representative of a majority of the parishes comprising the authority. A majority of the quorum present at a meeting may exercise all the powers and perform all the duties of the board, except as otherwise hereinafter provided or as limited by its bylaws. If there is only one parish represented on the board of commissioners, a simple majority of the regular membership is required to establish a quorum or to adopt a motion. Proxy voting shall not be permitted under any circumstances.
(3) The minutes and the documents and reports made a part of the minutes of any board executive committee or committee meeting shall be open to public inspection in accordance with reasonable rules and regulations prescribed by the board. The board shall furnish certified copies of such public records upon written request and upon payment of a reasonable charge therefor.
J. In those matters proposed by the authority that are intraparish in nature, the members of the delegation of the parish affected by such proposal may, by a majority vote of its members, veto the authority's proposal, provided, however, that within thirty days following receipt of a written notice of the veto the governing authority of such parish shall override or sustain that veto. A veto so sustained shall not be overridden. Interparish matters proposed by the authority which involve two or more of the participating parishes may be vetoed by a majority vote of the delegation of one of the affected parishes. Within thirty days following receipt of a written notice of the veto, the governing authority of such parish shall override or sustain that veto. A veto so sustained may be overridden by a two-thirds weighted vote of the membership of the authority. If no action is taken by the governing authority of a participating parish within thirty days following written notice of the veto on either intraparish or interparish matters, the veto shall have been sustained.
K. Notwithstanding any other provisions of this Chapter, the following actions by the board shall require the affirmative vote of a majority of the weighted vote-population ratio of the board as provided herein:
(1) The issuance and sale of revenue bonds, as contemplated in R.S. 48:1658.
(2) The purchase or lease of any privately owned system of transportation of passengers for hire in its entirety, or any substantial part thereof, as contemplated in R.S. 48:1656(19). Prior to the purchase or lease of any such privately owned system, a public hearing pertaining thereto shall be held and prior notice of such public hearing shall be advertised. In no event shall any sum be paid for such privately owned system of transportation which is in excess of the fair market value thereof, determined by a minimum of two appraisers and approved by a majority of the local governments participating in the financing of such purchase.
(3) The award of any contract for construction, alterations, supplies, equipment, repairs, maintenance, or services other than professional services, or for the purchase, sale, or lease of any property required by the terms of R.S. 38:2211 et seq. to be advertised and let by contract to the lowest responsible bidder who had bid according to the advertised specifications.
(4) The grant of any concession, as contemplated in R.S. 48:1656(19).
(5) The award of any contract for the management of any authority-owned property or facility, as contemplated in R.S. 48:1656(8).
L. The board shall appoint and employ, as needed, a general manager, a secretary, a treasurer, and a general counsel, none of whom may be members of the board or a relative of a member of the board, and shall delegate to them such authority as it deems appropriate. It may adopt such bylaws or rules and regulations as it deems appropriate for its own government, not inconsistent with this Chapter, including the creation of an executive committee to exercise such authority as its bylaws may prescribe.
M. The treasurer of the authority and such other officers and employees of the authority and such members of the board as the board determines shall execute corporate surety bonds, conditioned upon the faithful performance of their respective duties. A blanket form of surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure, or closing of any depository which has been approved as a depository for public funds.
N.(1) Notwithstanding any other provision of law to the contrary, the authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana. No employee of the authority covered by a collective bargaining agreement or who is a member of any other retirement plan shall be included in the state civil service system or the Louisiana State Employees' Retirement System.
(2)(a) Notwithstanding any other provision of law to the contrary, the authority shall remit to the Louisiana State Employees' Retirement System that portion of the unfunded accrued liability existing on June 30, 2019, attributable to the authority. The amount due shall be determined by the actuary employed by the retirement system and shall be amortized over ten years. The amount shall be paid in equal monthly payments, in the same manner as regular payroll payments to the retirement system.
(b) Notwithstanding any other provision of law to the contrary, the authority shall remit to the Louisiana State Employees' Retirement System that portion of the unfunded accrued liability existing on June 30, 2021, attributable to the authority. The amount due shall be determined by the actuary employed by the retirement system and shall be amortized over ten years. The amount shall be paid in equal monthly payments, in the same manner as regular payroll payments to the retirement system.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979. Amended by Acts 1980, No. 269, §1; Acts 1984, No. 934, §1; Acts 1989, No. 767, §1; Acts 2003, No. 517, §1; Acts 2019, No. 264, §1, eff. June 30, 2019; Acts 2020, 2nd Ex. Sess., No. 8, §1, eff. Oct. 22, 2020; Acts 2024, No. 402, §1, eff. May 28, 2024; Acts 2024, No. 474, §1; Acts 2025, No. 511, §1.
The authority shall have all powers necessary or convenient to accomplish the aforesaid purposes, including but not limited to the following:
(1) The powers, privileges, and immunities authorized by law for private corporations and for instrumentalities of government. The authority shall be domiciled as provided in R.S. 48:1654 and may sue or be sued in its corporate name. The board may adopt and use a common seal for the authority and change it at its pleasure.
(2) The power to appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents and attorneys, to contract for the services of individuals or organizations not employed full time by the authority but who are engaged primarily in the rendition of personal services and not the sale of goods or merchandise, including but not limited to the services of attorneys, accountants, engineers, architects, consultants, and advisors, allowing them suitable compensation. Except as provided in R.S. 48:1655(N), all personnel of the authority shall be employed in accordance with the constitutional provisions and rules and regulations pertaining to the state classified service and shall be eligible to participate in the Louisiana State Employees' Retirement System.
(3) The power to acquire by lease as lessee, grant, gift, exchange, purchase or otherwise own, and use any franchise, servitude, real or personal property, tangible or intangible property, or any interest therein; and to sell, lease as lessor, transfer, or dispose thereof or exchange same for other property or rights which are useful for its purposes, provided, however, that the conveyance of such a franchise shall not result in competition with any private transit operator without consent of the affected local governing body, unless otherwise provided by law.
(4) The power to acquire by gift, purchase, lease as lessee, or otherwise, or to construct, improve, maintain, repair, operate, or administer any component parts of a mass transportation system, together as a system, or singly, or in groupings, as mass transportation projects, or to contract for the maintenance, operation, or administration thereof or to lease as lessor the same for maintenance, operation, or administration by private parties.
(5) The power to develop data, plans, and information and to develop and carry out mass transportation demonstration projects, including the development, testing, and demonstration of new facilities, equipment, techniques, and methods, and the improvement and utilization of transportation services and facilities, and any other means of developing, utilizing, or improving mass transportation in urban areas. Also, in other respects, the power to conduct engineering, financial and economic studies, to make plans, designs, and tests related to mass transportation projects. In connection therewith, the authority may enter in a reasonable manner upon any lands, waters, or premises for the purpose of making reasonable surveys, soundings, drillings, and examinations and such entries shall not be deemed a trespass except that the authority shall be liable for any actual and consequential damages resulting from such entries.
(6) The power to cooperate, participate, and coordinate with the federal government, or the state of Louisiana, or any agency or instrumentality thereof, or any municipal or parish governing body within the regional area or any agency, instrumentality thereof, or the regional planning commission or any similar joint agency, in the execution of any studies, plans, or projects designed for the coordination of its mass transportation system with other transportation in the regional area and with any comprehensive planning and development of the regional area.
(7) The power to acquire property, both real and personal, or rights of easement therein, or franchises necessary or convenient for the purposes of the authority, by gifts, purchase, lease as lessee, or contract.
(8) The power to make and execute all contracts and other instruments necessary or convenient to the exercise of the powers of the authority, including the power to contract for managerial and operating services, provided that management and labor attempt to resolve all contracts bilaterally before involving a mediator.
(9) The power to enter into contracts with the state of Louisiana and any agency, instrumentality, or authority thereof and with any of the parish and municipal governments within the territorial limits of the area served or to be served by the authority, for public transportation services to be rendered by the authority or its mass transportation system, and for any other purposes incidental to the establishment and maintenance of its mass transportation system, or any part or project thereof, including the payment of funds to subsidize the operations of such system if it should ever be necessary to do so, and the usual facilities related thereto. However, such subsidy by the state of Louisiana shall never exceed twenty percent of the total cost of such mass transportation system.
(10) The power to contract with any public utility, railroad or transportation company for the joint use of property or rights, or for the establishment of through routes, joint fares, or transfer of passengers.
(11) The power to apply for and accept grants or other assistance from the federal government or from any source whatever, to act as agent for the federal government, and to enter into contracts, loans, leases, or other transactions with the federal government.
(12) The power to borrow money from private lenders, including but not limited to, institutional lenders, financial institutions, and individuals, or from the federal government, or to the extent otherwise authorized by law, from the state of Louisiana or any local government within the metropolitan area, in such amounts as may be necessary for the purposes of the authority and, in connection therewith to issue negotiable notes, bonds, refunding bonds, and other evidences of indebtedness or obligations of the authority, and to secure the payment thereof, or any part thereof, by conventional mortgages or by pledge, or both, of its revenues, rentals, taxes and receipts, and to make such agreements with the purchasers or holders thereof, or with others in connection therewith, whether issued or to be issued as the board may deem advisable. However, the authority shall have no power in any manner to pledge the property, credit, or taxing power of any local government, nor shall any of its obligations be deemed to be obligations of any local government, nor shall any local government be liable for the payment of principal or interest on such obligations.
(13) The power to fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities by zones or otherwise at reasonable rates to be determined exclusively by the board, subject to judicial review as hereinafter provided.
(14) The power to make agreements with the federal government, the state of Louisiana, any agency, instrumentality or political subdivision thereof, for payments to the authority in lieu of fares for the transportation of personnel or other persons for whom such department, agency, instrumentality, or political subdivisions desires such transportation.
(15) The power to operate visitor tolls and rental areas, to levy and collect charges, tolls, fees, head taxes, or use taxes, or all of the preceding, to grant permits for admission to or for the use of its facilities, and to issue licenses and permits for motor buses and other passenger vehicles for hire to operate upon specified routes located exclusively within a parish or parishes in which the authority is operating a transit system or between fixed terminals located within parish or parishes in which the authority is operating a transit system, and to promulgate regulations governing the operation of such motor buses and other passenger vehicles for hire upon specified routes or between fixed terminals, as set forth above, including regulations governing the rates the public is to be charged for such operations, regulations promoting the safety of such operations, and regulations establishing the criteria for the issuance or denial of permits to provide such services, which criteria may include provisions for the limitation of services or service providers. However the authority shall have no power to issue licenses or permits for, or to promulgate regulations for the operation of motor buses or other passenger vehicles for hire which are used exclusively to transport passengers to and from the New Orleans International Airport.
(16) The power to mortgage properties constructed or acquired by the authority, and to mortgage and pledge any lease or leases and the rents, income, and other advantages arising out of any lease or leases granted, assigned, or subleased by the authority.
(17) The authority may provide by contract with the fiscal agents of the local governments within its jurisdiction for the collection of any tax or taxes authorized by law.
(18) The power to provide for police and fire protection having jurisdiction over the facilities of the authority; however, the board may contract for such services with municipalities or parishes, or both, or with private enterprise within its jurisdiction.
(19) The power to develop, build, and operate a mass transportation system between facilities operated by the authority, provide concessions through lease or purchase, off-street parking, including the acquisition of existing transit facilities which private enterprise no longer desires to operate but whose continuation the authority deems necessary in the public interest, and other facilities for the comfort, safety, and convenience of transit passengers.
(20) The authority shall have no power or authority to operate taxicabs, or facilities designed exclusively for the transportation of property for hire, nor sightseeing limousines and buses, or school buses, nor shall it engage in other activities commonly regarded as private enterprise, except to develop a transit system, provide concessions, off-street parking and other facilities for the comfort, safety and convenience of transit passengers, and otherwise accomplish the purpose and policies expressed and contemplated in this Act.
(21) The power to provide by contract, service to parishes or municipalities within parishes not represented in the authority at the request of such a parish or municipality, provided said extension is deemed by the authority to be not in conflict with the overall master plan of the authority.
(22) The authority shall not have powers to construct or operate a bridge or bridges across the Mississippi River.
(23) Notwithstanding the provisions of any other law to the contrary, including the provisions of R.S. 45:161 et seq., the authority created herein and any entity contracted to manage or operate the authority shall not be deemed a "person" as defined in R.S. 45:162 or a "common carrier" as defined in R.S. 45:162, nor shall the authority or any entity contracted to manage or operate the authority be construed or interpreted to be such. Additionally, the authority and any entity contracted to manage or operate the authority shall not be deemed to be a common carrier or interpreted to be such by any court of this state in a suit for personal injury or property damage.
(24) - (26) Repealed by Acts 2025, No. 511, §2.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979; Acts 1984, No. 934, §1; Acts 1995, No. 735, §1; Acts 2010, No. 854, §1; Acts 2013, No. 273, §2, eff. July 1, 2013; Acts 2019, No. 264, §1, eff. June 30, 2019; Acts 2024, No. 474, §1; Acts 2025, No. 511, §§ 1, 2.
A. The Regional Transit Authority Advisory Board, hereinafter referred to as the "advisory board", is hereby created to assist the Regional Transit Authority and shall have the purpose, composition, duties, and functions provided in this Section.
B.(1) The purpose of the advisory board is to advise and make recommendations to the Regional Transit Authority in making informed decisions regarding the functions outlined in R.S. 48:1654(B).
(2) To ensure that the advisory board can function effectively, the following powers and functions shall be vested in the board:
(a) Full and unrestricted access to all written information, documents, and data which are before the Regional Transit Authority board of commissioners and its committees. However, this Subparagraph does not include items that are covered by the executive session proceedings.
(b) The power to request written briefings, presentation reports, and any other information as needed from the staff of the Regional Transit Authority in making informed decisions regarding the functions outlined in R.S. 48:1654(B).
(c) The power to adopt formal recommendations regarding any such matter which shall be presented on the record at commission meetings prior to a vote. However, the advisory board shall not have the power to vote.
(3) The advisory board shall be required to meet at least quarterly, and present findings, recommendations, and any other relevant information to the board of commissioners at least once per year.
C. The advisory board shall be composed of twelve persons as follows:
(1) An employee of the Regional Transit Authority appointed by the chief executive officer.
(2) One labor representative from the Amalgamated Transit Union who works for the Regional Transit Authority appointed by the union's president.
(3) One labor union representative from the International Brotherhood of Electrical Workers, the United Labor Union, or any other labor union that is formed in the future to represent Regional Transit Authority workers. This appointment shall rotate every two years and the nomination and selection shall be decided by the elected officers of these relevant Regional Transit Authority local labor unions.
(4) A member from Ride New Orleans appointed by the executive officer.
(5) A representative appointed by the president of each of the following educational institutions: Loyola University, Tulane University, Xavier University, Dillard University, Southern University at New Orleans, the University of New Orleans, the University of Holy Cross, and Delgado Community College.
D. All appointed members of the advisory board shall commit to completing at least two hours of transit-specific training either before taking office or no later than one year after the office is assumed. The minimum standards for transit-specific training shall be established by the advisory board and shall apply to all newly appointed members.
E. Any city or parish with appointments and representation on the Regional Transit Authority board of commissioners shall have the authority to request an internal audit of the Regional Transit Authority or, at its expense, hire a third party to perform the audit. Any work hours by an employee of the authority that are dedicated to support the third-party audit shall be reimbursed by the city or parish requesting the third-party audit. All records and information requested in the audit shall be provided in an expedited manner by the Regional Transit Authority.
Acts 2024, No. 474, §1; Acts 2025, No. 511, §1.
A. The board shall fix such fares, rates, rentals, and charges in such amounts as shall be sufficient in the aggregate when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds, certificates, and other obligations payable from said revenues, and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the issuance of bonds or certificates under this Chapter, and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves.
B. The term "charges" shall include revenues from contracts with the local governments within the metropolitan area under which the authority has agreed to render for them the public transportation service.
C. The board shall determine by itself exclusively, but after public hearings as hereinafter provided, the routes, types of construction, equipment, facilities, and the scope and standards of service to be operated by the authority, the scheduled services to be made available to the public and the amounts to be charged therefor. Before making any determinations as to scheduled services or amounts to be charged therefor, the board first shall hold at least one public hearing after giving notice of the time and place by twice advertising on different days in the newspaper having the largest circulation in the regional area not more than ten days nor less than five days prior to the hearings. As to all other matters, the board may hold such public hearings as it deems appropriate, and as to all public hearings, it may prescribe reasonable rules and regulations to govern such hearings not inconsistent with this Chapter.
D. Prior to determining the basic routes over which the authority shall operate its system and stations connected therewith, the board shall consult with the local governing body of the territory involved, and, additionally, shall hold at least one public hearing within the territory of each local government within the regional area at which the local governing body, or its representative, and the public may be heard.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
A. In borrowing money and as a grant of power in addition to other authority to issue bonds, the board is authorized to issue revenue bonds of the authority, with approval of the State Bond Commission, for any purpose within the rights and powers delegated to the authority.
B. The board is hereby authorized to pledge for the payment of the principal of and interest on such negotiable bonds the fares, fees, rental charges, and other income or revenue derived from the facilities and properties maintained and operated by the authority, and any gifts, grants, or contributions from any other sources whatsoever, including but not limited to other monies which by law or contract may be made available to the authority. The board shall prescribe the conditions and details of such bonds and, in addition to the pledges of income, revenues, and the like, payment of bonds of the authority may be further secured by either of the following, or both:
(1) A conventional mortgage upon any and all of the properties constructed or acquired, or to be constructed and acquired by it;
(2) The proceeds of taxes authorized to be imposed pursuant to this Chapter.
C. Such bonds shall be authorized and issued by a resolution of the board and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate or rates not exceeding an amount which the board determines to be in the best public interest, payable semiannually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five percent of the principal amount thereof, and be entitled to such priorities on the income, revenues, and taxes of the authority as such resolution provides.
D. The bonds shall be signed by the president and secretary of the board of the authority, one of which signature may be a facsimile, and coupon bonds shall have attached to them interest coupons bearing the facsimile signatures of these officers of the authority. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing the bonds or the officer or officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time the bonds actually are delivered.
E. Bonds issued under the provisions of this Chapter shall be sold for not less than par and accrued interest, to the highest bidder, at public sale after advertisement by the board at least once a week for three weeks, the first publication to be not less than twenty-one days prior to the date of sale in a newspaper of general circulation within the jurisdiction of the authority and also in a financial newspaper or journal published in the city of New York or the city of Chicago, reserving to the authority the right to reject any and all bids and to readvertise for bids. However bonds may be sold through negotiated or private sale if they are:
(1) Sold to the federal government or the state of Louisiana or any of their respective agencies or corporations, or
(2) Authorized to be sold through negotiated or private sale by a vote of two-thirds of the members of the State Bond Commission and by a vote of two-thirds of the members of the Joint Legislative Committee on the Budget.
F. Prior to the preparation of definitive bonds the board may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter.
G. In any resolution authorizing the issuance of such bonds the board may enter into such covenants with the future holder or holders of the bonds as to the management and operation of facilities, the lease or rental thereof, the imposition and collection of fees and charges for services and facilities furnished by the authority, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against such facilities and the revenues therefrom, the carrying of insurance on the facilities, the keeping of books and records, and other pertinent matters, as may be deemed proper by the board to assure the marketability of the bonds, so long as such covenants are not inconsistent with the provisions of this Chapter.
Any holder of the bonds or any of the coupons thereto attached may by appropriate legal action compel performance of all duties required of the authority and officials of the authority by this Chapter.
H. If any bond issued under the provisions of this Chapter is permitted to go into default as to principal or interest, any court of competent jurisdiction may, pursuant to the application of the holder of the bond, appoint a receiver for the facilities of the authority, which receiver shall be under the duty of operating the facilities and collecting and distributing the revenues thereof pledged to the payment of the bonds, pursuant to the provisions and requirements of this Chapter and the resolution authorizing the bonds.
I. Such bonds, in the discretion of the board, may be additionally secured by conventional mortgage on all or any part of the properties or facilities acquired, constructed, extended, or improved with the proceeds thereof, and the board shall have full discretion to make such provisions as it sees fit for the making and enforcement of such mortgage and the provisions to be therein contained.
If more than one series of bonds issued under the provisions of this Chapter is payable from the revenues of any facility, priority of lien on such revenues shall depend on the time of delivery of the bonds, each series enjoying a lien prior and superior to that enjoyed by any series of bonds subsequently delivered, except that where provision is made in the proceedings authorizing any issue or series of bonds for the issuance of additional bonds in the future on a parity therewith pursuant to procedure or restrictions provided in such proceedings, additional bonds may be issued in the future on a parity with such issue or series in the manner so provided in such proceedings. As to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the board may, in the proceedings authorizing the issuance of the bonds, provide that all of the bonds of the series or issue shall be coequal as to lien, regardless of the time of delivery.
J. The board may issue bonds of the authority under the provisions of this Chapter payable from the revenues to be derived from any facility owned and operated by the authority, whether or not the facilities are related or used in conjunction, for the purpose of constructing, acquiring, extending, or improving any one or more of the facilities. Such bonds may be additionally secured by a conventional mortgage upon such facilities and any taxes authorized to be imposed hereunder.
K. The board is hereby authorized to provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding outstanding bonds issued pursuant to the provisions of this Chapter. Such refunding bonds either may be sold and the proceeds applied to or deposited in escrow for the retirement of the outstanding bonds or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds as herein required to be authorized, and in authorizing the refunding bonds of the authority the board shall provide for the security of the bonds, for the sources from which the bonds are to be paid, and for the rights of the holders thereof in all respects as herein provided for other bonds issued under authority of this Chapter. The board also may provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded. No bonds may be refunded hereunder unless they either mature or are callable for redemption under their terms within ten years from the date of issuance of the refunding bonds, or unless the bidders thereof voluntarily surrender them for exchange or payment.
L. The board is hereby authorized to provide in the resolution authorizing the issuing of bonds under the provisions of this Chapter that such bonds shall recite that they are issued under authority of this Chapter. Such recital shall conclusively import full compliance with all of the provisions of this Chapter, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value after thirty days after the date of publication of the resolution authorizing their issuance.
M. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are contemplated by this Chapter. For a period of thirty days from the date of publication of the resolution authorizing the issuance of bonds hereunder, any person or persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, after which time no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause whatsoever. If no suit, action, or proceedings are begun to contest the validity of the bonds within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters. Such bonds shall have the qualities of negotiable instruments under the law merchant and the commercial laws of the state of Louisiana.
N. Upon the payment in full of the principal of and interest on all bonds of the authority issued by the board under the provisions of this Chapter and secured by all or any portion of any tax or other source of income or revenue authorized herein, or upon the irrevocable deposit of sufficient funds for the payment and redemption of all such bonds in principal, interest and redemption premiums, if any, to their respective maturity or call dates, the levy of any such tax shall be discontinued and terminated. If no bonds of the authority have been issued by the board which are secured by all or part of the proceeds of any such tax, the tax may be terminated at any time by resolution of the board and, in the absence of a resolution terminating it, it shall terminate automatically five years after the date of adoption of the resolution imposing the tax.
O. The board may pledge all or any part of the proceeds of any tax to the payment of bonds authorized pursuant to this Chapter under such terms and conditions consistent with the provisions of this Chapter as the board may prescribe and as are contained in the resolution or resolutions providing for the issuance of such bonds.
P. When any bonds shall have been issued hereunder which are secured by all or any portion of any tax, neither the legislature, the authority, nor any other power may discontinue or decrease the tax or permit the tax to be discontinued or decreased in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the proceeds of such tax which would diminish the amount of tax revenues to be received by the authority until all of such bonds have been retired as to principal and interest and irrevocable provisions otherwise made for their complete redemption and payment in principal and interest and redemption premium, if any.
Q. Prior to the issuance of any bonds hereunder, any revenue of the authority derived from any source whatsoever, including the tax authorized herein, may be used by the authority for the payment of any expenses incurred in determining the feasibility of a facility or facilities or any aspects of the authority's operation and developing plans therefor, including engineering, architectural, legal, and administrative costs and fees incidental thereto. It shall be incumbent upon the authority to pay only such fees and such amounts as are current in the market at the time of the sale in such a manner as to assure that the public interest has been protected.
R. The Authority shall invest its idle funds in accordance with the Investment of Idle Funds Act; however, such idle funds as the authority determines to invest in banks shall be invested on a pro rata basis in all banks within the jurisdiction of the authority.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979; Acts 1984, No. 934, §1.
A. The authority shall have the power to require any public utility, railroad, or other public service corporation owning or operating any installations, structures, equipment, apparatus, appliances, or facilities in, upon, under, over, across, or along any ways on which the authority has the right to own, construct, operate, or maintain its mass transportation system and to remove or relocate such installation, structures, equipment, apparatus, appliances, or facilities from their locations. If the owner or operator thereof fails or refuses to remove or relocate them, the authority may proceed to do so. The authority may provide the necessary new locations, and for that purpose, the power of eminent domain as provided in Section 1661 of this Chapter may be exercised; however, the new locations shall not be in, on, or above a public way. The authority also may acquire the necessary new locations by purchase or otherwise. The authority shall reimburse the public utility, railroad, or other public service corporation for the cost of relocations, and the reimbursement shall be in the entire amount paid or incurred by the utility which is properly attributable thereto after deducting the cost of any increase in the service capacity of the new installations, structures, equipment, apparatus, appliances, or facilities, and any salvage value derived from the old installation, structures, equipment, apparatus, or appliances.
B. The authority shall have the power to prepare plans for and carry on a relocation program for the relocation of persons, including individuals, families, business concerns, nonprofit organizations, and others who are displaced by operations of the authority in carrying out a mass transportation project. The authority shall have the power to acquire by purchase, lease, gift or contract such personal and real property, improved and unimproved, and to make improvements thereon, as it deems reasonably necessary to carry out such relocation program, and to make relocation payments to or with respect to such persons, including the making of such payments financed, in whole or in part, by the federal government, and in accomplishing the foregoing, to provide in the same area, or in other areas generally not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the displaced persons, a sufficient number of decent, safe, and sanitary dwellings available to those displaced persons and reasonably accessible to their respective places of employment. The authority shall have the power to apply for and receive grants, loans, and other financial assistance from the federal government, the state of Louisiana, or any local government within the metropolitan area for such relocation payments, including payments for the reasonable and necessary moving expenses and any actual direct losses of property, except good will or profit, resulting from displacement of such persons by the project.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
By way of illustration and not specification, all purchases, acquisitions, dispositions, contracts, leases, bond sales, and like actions of the authority referred to in the provisions of this Chapter shall be subject to the public bid laws of this state.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
A. Notwithstanding any law to the contrary or the requirements of this Chapter, if the board of commissioners determines it is in the best interest of the taxpayers, the Regional Transit Authority, with approval of the House and Senate transportation, highways, and public works committees, may solicit proposals for and enter into contracts for public-private partnership projects for a transportation facility as defined in R.S. 48:2073, provided the authority shall comply with the provisions of R.S. 48:2084 through 2084.15 that are applicable to public-private partnership projects of the Louisiana Transportation Authority. However, R.S. 48:256.3 and 256.5 shall be applicable in the same manner as any other department projects.
B. The authority shall not receive an unsolicited proposal for a public-private partnership project.
Acts 2017, No. 216, §1, eff. June 14, 2017.
The authority shall have no power of eminent domain, but the city of New Orleans and the participating parishes, for purposes of the authority, may exercise the broadest power of eminent domain permissible under the laws of this state; however, no local governing body shall exercise any power of eminent domain hereunder with respect to property located beyond its territorial limits, nor shall it expropriate any business enterprise or any of its assets for the purpose of operating that enterprise or halting competition with a government enterprise.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979; Acts 2024, No. 402, §1, eff. May 28, 2024.
All members of the board and every employee of the board or of the authority shall be subject to the provisions of state law governing governmental ethics in all matters relating to any interest or business, direct or indirect, of the authority.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
A. As the exercise of the powers granted hereby will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, the authority shall not be required to pay any taxes or assessments upon any property acquired or used by it under the provisions of this Chapter, or upon the income therefrom, all of which shall be exempt from taxation of any type by the state of Louisiana and by any parish, municipality, or political subdivision of this state. In the event of any lease of authority property, or any other arrangement which amounts to a leasehold interest, to a private party, this exemption shall not apply to the value of such leasehold interest or to the income of the lessee. Otherwise, however, and for purposes of taxation, when property of the authority is leased to private parties to be employed solely for purposes of the authority, the acts and activities of the lessee shall be considered as the acts and activities of the authority, and the exemption hereunder shall apply to such acts and activities.
B. Except as provided herein, the authority shall not be subject in any respect to the authority, control, or supervision of any regulatory body of the state, including but not limited to the Public Service Commission, or any political subdivision of the state, but its books and records shall be subject to audit annually by the legislative auditor.
C. Following the annual audit herein provided for, the authority shall publish an annual financial statement in a daily newspaper of general circulation, which shall set forth in each parish in which the authority operates, any tax revenue and operating revenue received, as well as the total expenditures made, and also a list of all written contracts entered into by the authority during the preceding year which call for the authority to expend at any time, in the aggregate, more than fifty thousand dollars. Such list also shall include any employment or consultant contracts, whether or not written, under which the employee or consultant is to be compensated at an annual rate of more than twenty thousand dollars, including direct and indirect or deferred benefits.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
The authority shall have power to impose any tax on any subject of taxation within the regional area for any transit related purpose whatsoever, except as otherwise prohibited in this Chapter or by the Constitution or laws of this state, provided, however, that no tax shall be imposed within the regional area by the authority unless it has first been approved by a majority of voters voting in such election in each of the parishes having membership in the authority. Notwithstanding any other provision of law to the contrary, the authority may exercise its powers of taxation within any local governmental subdivision located wholly within the regional area provided only that the proposed tax must be approved by a majority of voters voting thereon within the affected local governmental subdivision. Within ninety days following the end of the authority's fiscal year, all funds derived during that fiscal year from a tax levied by the authority shall be used only for transit related purposes in the parish in which said funds are collected, or for overhead and joint fixed facility expenses of the authority incurred for the benefit of such parish, or shall be distributed to the governing authorities of each local governmental subdivision that contributed within that parish in proportion to the collection of such tax in each parish. Funds so distributed may be used for any public purposes authorized to be performed by either the authority or local governmental subdivisions. Terms used herein are used in accordance with the definitions set forth in Article 6, Section 44, of the Louisiana Constitution of 1974.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
A. For the purposes of this Chapter, provision for a rapid transit system within the regional area is declared to be an essential governmental function and a public purpose.
B. Any parish eligible to participate may apply for membership to the board in accordance with rules promulgated by the board. The board, with the approval of the local governing body of each of the participating parishes, subject to the limitations set forth in this Section, shall determine the extent of financial participation and the time or times that such financial participation may be required with respect to each of the local governments in order to finance provisions for a rapid transit system through the joint instrumentality of the authority. If such determination contemplates a contractual obligation on the part of a local government to make payments to the authority over a period of time exceeding one year or to issue any bonds or other obligations evidencing indebtedness, such determination shall take the form of a rapid transit contract to be entered into between the authority and the local government. The final execution of a rapid transit contract shall be completed in every instance in the manner set forth in this Section.
C. As one method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a rapid transit project or projects, a local government may, in the manner prescribed by law and subject to the conditions and limitations prescribed by law, issue its general obligation bonds, pay over the proceeds thereof to the authority, and thereby complete and make final the execution of the proposed rapid transit contract anticipated by such bond authorization and issuance, and the authority shall agree in such contract to perform for such local government the aforesaid governmental function and to provide specified public transportation services and facilities. D. As an alternative method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a rapid transit project or projects, a local government may enter into rapid transit contract or contracts calling for the authority to perform for it the aforesaid governmental function and calling for it to make periodic payments to the authority for the public transportation services and facilities contracted for, which payments may include amounts required to defray the periodic principal and interest payments on any obligations issued by the authority for the purpose of financing the cost of any rapid transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service, and to provide for renewals, extensions, repairs, and improvements and additions to the rapid transit system, and amounts required to defray any operational deficit which the system or any part thereof may incur from time to time.
E. Before a rapid transit contract such as is described in Subsection D of this Section shall become valid and binding on a local government which is a party thereto, the contract must be approved by a majority of the qualified voters of the local government voting in a referendum held in accordance with the laws governing elections at which propositions are submitted to a vote of the electorate. If a majority of those voting in the election vote in favor of the proposition submitted, the rapid transit contract as approved shall become valid and binding in accordance with its terms.
F. A local government may select any method provided in this Section to finance the participation required of it in whole or in part, and the selection of one method shall not preclude the selection of another method with respect thereto or with respect to any additional or supplementary participation determined to be necessary.
G. When the authority and a local government have completed and fully executed a rapid transit contract in compliance with the requirements of this Chapter, and the voters shall have approved the contract as herein provided, the contract shall constitute an obligation on the part of the local government for the payment of which its good faith and credit are pledged.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979; Acts 2024, No. 402, §1, eff. May 28, 2024.
Subject to the conditions contained in §1664, each local government may, upon voter approval, levy and collect any taxes authorized under the constitution or laws of this state to fulfill bond obligation or obligations incurred in a rapid transit contract or a contract or contracts with the authority. The authority is hereby authorized to participate in any new or additional tax related to transit or transportation, or both, that may be imposed in the future by the legislature; however, the proceeds from any such statewide tax will be prorated to all parishes in the state on a population formula for use by said parishes for transit or transportation purposes, or both.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
The effective date of this Chapter shall be August 1, 1979.
Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
A. The purpose of this compact is to study the feasibility of rapid transit service between the states of Louisiana, Mississippi, Texas, and Alabama, to take all steps that it may deem necessary and appropriate in order to establish and maintain such service, and to establish a joint interstate commission to assist in this effort.
B. This compact shall become effective immediately as to the states ratifying it whenever the states of Louisiana, Alabama, Texas, and Mississippi have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous to any member state may become a party to this compact, subject to approval by the legislature of each of the member states.
C.(1) The states that are parties to this compact (hereinafter referred to as party states) do hereby establish and create a joint agency, which shall be known as the Southern Rail Commission (hereinafter referred to as the commission). The membership of the commission shall consist of the governor of each party state, one representative each from the Mississippi Energy and Transportation Board or its successor, the Louisiana Department of Transportation and Development or its successor, the Texas Transportation Commission or its successor, and the conservation division of the Alabama Department of Energy or its successor; and five other citizens of each party state, to be appointed by the governor thereof. The appointive members of the commission shall serve for terms of four years each. Vacancies on the commission shall be filled by appointment by the governor for the unexpired portion of the term.
(2) The members of the commission shall not be compensated for service on the commission, but each of the appointed members shall be entitled to actual and reasonable expenses incurred in attending meetings or incurred otherwise in the performance of his duties as a member of the commission.
(3) The members of the commission shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact.
(4) The commission shall adopt rules and regulations for the transaction of its business, and a record shall be kept of all its business.
(5) It shall be the duty of the commission to study the feasibility of providing interstate rapid rail transit service between the party states and to take all steps that it may deem necessary and appropriate in order to establish and maintain such service. Toward this end, the commission shall have power:
(a) To hold hearings.
(b) To conduct studies and surveys, prepare grant applications related to the establishment or maintenance of passenger rail service, enter into operating and other contractual agreements with providers of passenger rail service, and enter into agreements with owners or operators of railway tracks in order to provide for upgrades necessary to establish or maintain passenger rail service.
(c) To acquire, by gift, grant, or otherwise, from local, state, federal, or private sources such money or property as may be provided for the proper performance of their function, and to hold and dispose of same.
(d) To cooperate with other public or private groups, whether local, state, regional, or national, having an interest in such service.
(e) To formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States.
(f) To exercise such other powers as may be appropriate to enable it to accomplish its functions and duties and to carry out the purposes of this compact.
D. Each party state agrees that its legislature may, in its discretion, from time to time make available and pay over to the authority funds for the establishment and operation of the authority. The contribution of each party state shall be in equal amounts, if possible, but nothing in this article shall be construed as binding the legislature of either state to make an appropriation or a set amount of funds at any particular time.
E. Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.
F. This compact shall continue in force and remain binding upon each party state until the legislature or governor of each or either state takes action to withdraw therefrom. However, any such withdrawal shall not become effective until six months after the date of the action taken by the legislature or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.
Added by Acts 1980, No. 327, §1, eff. July 1, 1980. Acts 1981, No. 153, §1; Acts 1983, 1st Ex. Sess., No. 4, §1, eff. Jan. 19, 1983; Acts 1992, No. 185, §1; Acts 2009, No. 2, §1; Acts 2010, No. 838, §1; Acts 2013, No. 220, §22, eff. June 11, 2013; Acts 2022, No. 764, §1, eff. June 18, 2022.
There is hereby granted to the governor, to the members of the commission for Louisiana, and to the compact administrator all the powers provided for in the compact and in this Section. All officers of the state of Louisiana are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purpose of the compact.
Added by Acts 1980, No. 327, §1, eff. July 1, 1980.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
The following words and terms shall have the following meaning as used in this Chapter.
(1) "Commission" shall mean the Bi-State Corridor Commission.
(2) "Department" shall mean the Department of Transportation and Development.
(3) "Highway" shall mean a route, which shall run from Many, Louisiana, in Sabine Parish through Lockesbury, Arkansas, to the Oklahoma state line, as presently located and any improvement or extension thereof within the boundaries of the commission.
(4) "Project" shall mean the construction, expansion, improvement, or extension of a route which shall run from Many, Louisiana, in Sabine Parish through Lockesbury, Arkansas, to the Oklahoma state line, including the four-lane improvements or any portion thereof within the boundaries of the district; the construction of bridges, overpasses, causeways, underpasses, traffic circles, interchanges, and landscaping relating thereto; and the long-term economic/industrial development and tourism development of the corridor area.
Acts 1991, No. 792, §1, eff. July 19, 1991.
A. The Bi-State Corridor Commission is hereby created. The jurisdiction of the commission shall be comprised of all territory within the geographical boundaries of the parishes of Bienville, Red River, Sabine, and Webster.
B. The commission shall not have the power or authority to contract for or perform any of the work involved in the construction of any highway project. Such work shall be performed by or through the authority of the department.
Acts 1991, No. 792, §1, eff. July 19, 1991.
A.(1) The management and control of the commission shall be vested in a board of commissioners. The board of commissioners shall be comprised of fifteen voting members and two nonvoting members who shall be appointed as follows:
(a) Webster Parish - the mayor of Minden, or his designee; the mayor of Springhill, or his designee; the president of the Webster Parish Police Jury, or his designee; and one alternate commissioner appointed by the Webster Parish Police Jury.
(b) Red River Parish - the mayor of Coushatta, or his designee; the president of the Red River Parish Police Jury, or his designee; one member of the Red River Parish Police Jury, appointed by the president; and one alternate commissioner appointed by the Red River Parish Police Jury.
(c) Bienville Parish - the mayor of Ringgold, or his designee; the president of the Bienville Parish Police Jury, or his designee; one member of the Bienville Parish Police Jury, appointed by the president; and one alternate commissioner appointed by the Bienville Parish Police Jury.
(d) Sabine Parish - the mayor of Many, or his designee; the president of the Sabine Parish Police Jury, or his designee; one member of the Sabine Parish Police Jury, appointed by the president; and one alternate commissioner appointed by the Sabine Parish Police Jury.
(e) Columbia County in Arkansas - the county government shall appoint three commissioners each representing that government's individual jurisdiction and one alternate commissioner appointed by the county government.
(f) Two commissioners who shall be appointed by the two highway departments, one each from Louisiana and Arkansas, who shall serve as ex-officio, nonvoting members.
(2) Each member and alternate member of the board shall be a citizen of the United States and a qualified voter domiciled in the parish or county which he represents on the board.
B. In the event that a commissioner's position on the board should become vacant by reason of death, resignation, or otherwise, the alternate member for that parish or county shall serve for the unexpired portion of the term in the same manner and under the same authority as the original appointment. Any vacancy in the position of alternate commissioner shall be filled by the appointing authority responsible for such appointment within thirty days of receipt by such appointing authority of a written notification of the vacancy.
C. The board of commissioners as created herein, together with the alternate members, shall serve an initial term of two years. At the expiration of their respective terms, successors and their alternates shall be appointed by each respective appointing authority for a term of four years. In the event that for any reason an appointing authority should fail to appoint a successor member, or his alternate, after the expiration of his term, then the respective member or alternate member whose term would have otherwise expired shall continue as a member or alternate member of the commission until such time as his successor is appointed.
D. Any appointed member of the board may be removed at any time by the party which has appointed him.
E. The members of the board shall serve without compensation and shall have the power to fix the duties, powers, and compensation of all officers, agents, and employees of the commission. The commission may reimburse any member for expenses actually incurred in the performance of his duties hereunder.
F. The members shall elect from the membership a president, vice president, a secretary, and a treasurer whose duties shall be those usual to such offices. At the option of the board, the offices of the secretary and treasurer may be held by one person. No member shall be elected to serve for more than two successive terms in any office. The commission shall meet in regular session once each month and shall also meet in special session as often as the president of the board convenes them or on written request of eight members. Seven members of the board shall constitute a quorum, provided, however that no action of the board shall be authorized unless approved by a majority of eight votes in an open public meeting. The board shall prescribe rules to govern its meetings.
G. The commission and its board shall be domiciled in Shreveport, Louisiana. The mailing address of the commission shall be P.O. Box 37005, Shreveport, Louisiana, 71133-7005.
Acts 1991, No. 792, §1, eff. July 19, 1991.
A. The commission is hereby declared to constitute and is declared to be a body politic and political subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the Constitution of Louisiana. The commission is hereby granted all of the rights, powers, privileges, and immunities granted to political subdivisions, including but not limited to the following:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To initiate or coordinate research, studies, and gathering of information on the project, including but not limited to the following:
(a) Engineering studies.
(b) Traffic flow and pattern studies.
(c) Environmental impact studies.
(d) Location of the proposed route.
(e) Feasibility of extending the project to the Arkansas border.
(f) Economic development impacts and benefits.
(g) Tourism development.
(h) Utility relocation.
(i) Right of way acquisition.
(j) Project construction cost/benefit ratio studies.
(4) To designate as the official depository of the commission, the Research Division, College of Administration and Business, Louisiana Tech University, for all research, analyses, and information relating to and about the project. As such it is empowered to receive and preserve all information gathered by other parties pertaining to the project. It shall also be the depository for maps, aerial photography, and other study and survey materials.
(5) To receive money from any public or private body which may desire to appropriate or donate such funds to be used to defray the expenses of the commission.
(6) To levy and cause to be collected any taxes, except ad valorem taxes, fees, or charges authorized under the constitution or laws of this state, which shall be limited to those taxes, fees, or charges that are commonly referred to as user fees or charges and which bear a relationship to the highway project or highway usage, including motor vehicle transfer fees and annual road use charges or license fees, and to pledge the proceeds of such levy to the reimbursement of debt service payments for bonds issued on the behalf of the commission by the state of Louisiana. No tax, fee, or charge may be levied or imposed unless first approved by a majority of the commissioners from Webster, Red River, Sabine, and Bienville Parishes and by a majority of the qualified electors who vote in an election called for such purposes within the commission.
(7) To enter into a cooperative endeavor with the state, as authorized by Article VII, Section 14(C) of the Constitution of Louisiana, under which the state will agree to issue bonds for the completion of the project, and in return, the commission shall agree to reimburse the state for a portion of the total cost of said highway project, which portion shall not exceed twenty-five percent of the total cost to the state, from the revenues of the commission, for debt service payments of those bonds.
B. In furtherance of these purposes, the commission is specifically authorized to apply for, receive, and accept from any state or federal agency, local subdivision of this state, or private entity, any grant or contribution of either money, property, or other things of value to be held, used, and applied for purposes for which such grants and contributions may be made or for any other lawful purpose that the commission has expressly authorized herein.
Acts 1991, No. 792, §1, eff. July 19, 1991.
The commission and the board of commissioners therefor shall have, with respect to all of the powers and functions prescribed by this Chapter, the advice and services of the Department of Transportation and Development. It shall be the duty of the secretary of said department to cause to be made available such staff expertise and support as the commission may request.
Acts 1991, No. 792, §1, eff. July 19, 1991.
No provisions of this Chapter shall be construed so as to exempt the commission from compliance with the provisions of Louisiana laws pertaining to open meetings, public records, fiscal agents, official journals, dual officeholding and employment, public bidding for the purchase of supplies and materials, and the Code of Governmental Ethics.
Acts 1991, No. 792, §1, eff. July 19, 1991.
No tax, fee, or charge shall be proposed unless and until public notice of the intention to submit such tax, fee, or charge for voter approval is published in the official journal of each parish included within the boundaries of the commission at least thirty days prior to the date on which the board of commissioners shall consider and vote on a resolution calling for said tax election. Such notice must set forth:
(1) A general description of the highway project to be funded through bonds to be serviced by said tax.
(2) The total approximate cost of the highway project.
(3) The portion of the total cost of said highway project which will be funded through revenues of the commission.
(4) The date on which construction is anticipated to begin and the anticipated date of completion.
(5) The date, time, and place of the meeting at which said resolution shall be considered.
Acts 1991, No. 792, §1, eff. July 19, 1991.
The following words and terms shall have the following meanings as used in this Chapter:
(1) "Commission" shall mean the El Camino East-West Corridor Commission (U.S. Highway 84 and Louisiana Highway 6).
(2) "Department" shall mean the Louisiana Department of Transportation and Development.
(3) "Highway" shall mean U.S. Highway 84 East and Louisiana Highway 6, as the said U.S. Highway 84 East extends from the eastern boundary of Louisiana, being the Mississippi River on the east, up to its intersection with U.S. Highway 71 at Clarence, Louisiana, and Louisiana Highway 6 from the point of its intersection at Clarence, Louisiana, with the aforementioned U.S. Highway 71 extending westward to the border between the states of Texas and Louisiana, and shall further mean any improvements or extensions of either highway within the boundaries of the commission.
(4) "Project" shall mean the construction, expansion, improvements, or extension of the highway as that term is defined in this Section, including the four-lane improvements for any portion thereof within the boundaries of the commission and the construction of bridges, overpasses, causeways, underpasses, traffic circles, interchanges, landscaping and wildflower establishment, and historical marker establishment related thereto, and any other construction which may be necessary in order to completely modernize, renovate, and update the aforementioned highways, along with economic development and improvement of the geographic areas served thereby.
Acts 1992, No. 214, §1; Acts 1997, No. 260, §1.
A. The El Camino East-West Corridor Commission (U.S. Highway 84 and Louisiana Highway 6) is hereby created. The jurisdiction of the commission shall be comprised of all territories within the geographical boundaries of the parishes of Concordia, Catahoula, LaSalle, Winn, Natchitoches, and Sabine.
B. The El Camino East-West Corridor, Inc., a private nonprofit corporation duly organized under the laws of the state of Louisiana, shall serve as the advisor to the commission. The president of said corporation shall be entitled to notice of any regular or special meeting and shall be permitted to address the commission regarding matters affecting the policies and purposes for which the commission has been established. The treasurer of the El Camino East-West Corridor Commission may serve as treasurer of the El Camino East-West Corridor, Inc. corporation.
C. The El Camino East-West Corridor Commission (U.S. Highway 84 and Louisiana Highway 6), hereinafter referred to as the "commission", shall not have the power or authority to contract for or perform any of the work involved in the construction of any highway project. Such work shall be performed by or through the authority of the Louisiana Department of Transportation and Development.
Acts 1992, No. 214, §1; Acts 1997, No. 260, §1.
A. The management and control of the commission shall be vested in a board of commissioners. The board of commissioners shall be comprised of two members from each of the parishes within the jurisdiction of the commission as provided in R.S. 48:1752(A). The board of commissioners shall be appointed as follows. The police jury from each parish shall select two persons. Either or both, but in any event at least one, shall attend each meeting of the commission absent exigent circumstances which prevent attendance. Each commissioner shall be a citizen of the United States and a qualified voter domiciled in the parish which said commissioner represents on the board. Notwithstanding any other law to the contrary, members may be state or local elected officials or employees of the state or any local government entity or agency. Furthermore, each police jury shall designate and appoint two alternates to the commission, who shall have the same qualifications as the commissioners, to serve on an as-needed basis in the event of the absence or inability of the commissioners.
B. In the event that a commissioner's position on the board of commissioners should become vacant for any reason, the police jury nominating said commissioner shall appoint another commissioner to serve in the position of the commissioner whose position was vacated, for the remainder of the unexpired term, in the same manner and with the same authority of the original appointment. Such new appointment shall be made within thirty days of receipt by such parish of written notification of the vacancy. Except for good cause shown, either of the alternates designated in Subsection A shall be appointed to fill said vacancy.
C. The board of commissioners as created herein, together with the alternate members, shall serve an initial term of two years. At the expiration of their respective terms, successors shall be appointed by each respective appointing authority for a term of four years. In the event that for any reason an appointing authority fails to appoint a successor member, after the expiration of his term, then the respective member whose term would have otherwise expired shall continue as a member of the commission until such time as his successor is appointed.
D. Any member of the board may be removed at any time by the authority which has appointed him.
E. The members of the board shall serve without compensation and shall have the power to fix the duties and powers and compensation of all officers, agents, and employees of the commission. The commission may reimburse any member for expenses actually incurred in the performance of his duties hereunder.
F.(1) The members shall elect from the membership a president, first vice president, second vice president, third vice president, secretary, and treasurer, whose duties shall be those usual to such offices. At the option of the board, the offices of the secretary and treasurer may be held by one person. No member shall be elected to serve for more than two successive terms in any office. The secretary and/or treasurer may be a person who is not a member of the commission.
(2) The commission shall meet in regular session once each calendar quarter and shall also meet in special session as often as the president of the board convenes them or on written request of four members. Seven members of the board present, or their designated alternates, shall constitute a quorum. The board shall prescribe rules to govern its meetings. In the absence or inability of the president, the first vice president, or in the absence or inability of the first vice president, the second vice president, or in the absence of the second vice president, the third vice president shall serve in the place of the president.
G. Notwithstanding any other law to the contrary, and recognizing the interstate nature of the work the commission is trying to accomplish, the commission is authorized to have commissioners or officers who may be duly appointed to serve by their respective county governing authorities from their respective states, in order to facilitate a cooperative effort between the states served by the highways. In addition, the commission is authorized to enter into compact agreements with other states that could extend the corridor from Brunswick, Georgia to El Paso, Texas.
H. The commission and its board shall be domiciled in Natchitoches Parish, Louisiana.
Acts 1992, No. 214, §1.
A. The commission is hereby declared to constitute and is declared to be a body politic and political subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the Constitution of Louisiana. The commission is hereby granted all the rights, powers, privileges, and immunities granted to political subdivisions, including but not limited to the following:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To initiate or coordinate research, studies, and gathering of information on the project, including but not limited to the following:
(a) Engineering studies.
(b) Traffic flow and pattern studies.
(c) Environmental impact studies.
(d) Location of the proposed route.
(e) Economic development impacts and benefits.
(f) Feasibility of obtaining designation of the project as a National Defense Highway.
(g) Utility relocation.
(h) Right of way acquisition.
(i) Project construction cost/benefit ratio studies.
(4) To be designated an official depository for information relating to and about the project. As such, it is empowered to receive and preserve all information gathered by other parties pertaining to the project.
(5) To receive money from any public or private body which may desire to appropriate or donate such funds to be used to defray the expenses of the commission.
B.(1) In furtherance of these purposes, the commission is specifically authorized to apply for, receive, and accept from any state or federal agency, or local subdivision of this state, any grant or contribution of either money, property, or other things of value to be held, used, and applied for purposes for which such grants and contributions may be made or for any other lawful purposes that the commission has expressly authorized herein.
(2) The commission is also specifically authorized to hire such accountants, attorneys, engineers, or other professional and/or scientific and/or other expert advisors as the commission in its discretion may deem necessary and/or advisable in order to carry out its mission. Said professionals and/or scientific and/or other expert advisors shall be compensated by the commission from funds available to the commission under the provisions of Paragraph A(5) herein pursuant to such agreement as may be entered into by the commission with the hired and/or trained professionals and/or scientific and/or other expert advisors. The state shall in no way be a party to any agreement executed under the provisions of this Paragraph, and the state shall in no way be held responsible for payment of compensation under the agreements entered into by the commission.
Acts 1992, No. 214, §1.
The commission and the board of commissioners therefor shall have, with respect to all of the powers and functions prescribed by this Chapter, the advice and services of the Louisiana Department of Transportation and Development. The secretary of the Department of Transportation and Development or his designee shall be an ex officio, voting member of the commission. Within reason, it shall be the duty of the secretary of said department to make available such department staff, expertise, and support as the commission may request.
Acts 1992, No. 214, §1.
No provision of this Chapter shall be construed so as to exempt the commission from compliance with the provisions of Louisiana laws pertaining to open meetings, public records, fiscal agents, official journals, dual officeholding and employment, public bidding for the purpose of supplies and materials, and the Code of Governmental Ethics.
Acts 1992, No. 214, §1.
For purposes of this Chapter, the following words have the meanings ascribed to them by this Section, except where the context clearly indicates otherwise:
(1) "Commission" means the Zachary Taylor Parkway Commission.
(2) "Department" means the Louisiana Department of Transportation and Development.
(3) "District" means the Zachary Taylor Parkway District, which is comprised of the parishes of Avoyelles, East Feliciana, Pointe Coupee, Rapides, St. Helena, Tangipahoa, Washington, and West Feliciana.
(4) "Parkway" means a four-lane highway traversing the Louisiana Highway 1 and Louisiana Highway 10 corridor, which shall be known as the Zachary Taylor Parkway, which shall have as its western terminus Interstate 49 in the vicinity of Alexandria, which shall cross the Pearl River in the vicinity of Bogalusa, and which shall cross the Mississippi River by way of the bridge which is planned for construction in the vicinity of St. Francisville and New Roads, and which shall have as its eastern terminus the intersection of Mississippi Highway 26 with Interstate 59 near Poplarville, Mississippi.
(5) "Project" means:
(a) The construction of new roadways and bridges.
(b) The improvement or extension of existing roadways and bridges along the route described in Paragraph (4).
Acts 1992, No. 288, §1; Acts 1993, No. 230, §1; Acts 2016, No. 290, §1.
A. The legislature finds that the planned construction of a bridge across the Mississippi River in the vicinity of the town of St. Francisville and the city of New Roads has highlighted the need for improved access highways that would connect such bridge with Interstate 49 to the northwest and with Interstate 55 and Interstate 59 to the east in order to improve prospects for economic development and tourism in the parishes that would be served by such highways.
B. The legislature also finds that most of the people living in the district are disadvantaged from an economic development standpoint because they are not served by the kind of highways that economic development prospects require. As a result of this lack of an adequate transportation system, unemployment is high throughout most of the district, and a large percentage of young people who grow up in the district move outside the district in order to find suitable employment.
C. The legislature further finds that, in addition, travel by automobile or truck between the eastern portion of the district and the western portion of the district is difficult and unnecessarily time-consuming because the most direct route is by means of two-lane highways that permit a relatively slow average rate of speed.
D. Such conditions are detrimental to the public interest and require governmental action to correct them. Accordingly, it is the public policy of this state in the interest of public health, safety, convenience, and welfare, to promote the construction of a modern four-lane highway connecting the eastern portion of the district with the western portion of the district, to improve employment opportunities in the district by making the district more attractive to economic development prospects and by increasing tourism in the district.
E. The construction of such a highway would further serve the public interest by relieving some of the traffic congestion in the Baton Rouge area and by assisting with any evacuation that might become necessary in connection with the nuclear plant in the parish of West Feliciana.
Acts 1992, No. 288, §1.
It is the intent of the legislature that those responsible for planning and designing the highway will place primary emphasis on the development of a thoroughfare that will increase tourism and will meet the needs of economic development prospects as well as the needs of those industries and agri-business firms that are currently providing jobs for the people who live in the district. While those responsible for planning and designing the highway will undoubtedly be able to incorporate in the said highway some of the roadways and bridges that are currently a part of Louisiana Highways 1 and 10, they should do so only to the extent that such incorporation is consistent with the goals set forth in this Section.
Acts 1992, No. 288, §1.
A. There is hereby created the Zachary Taylor Parkway District, subject to the conditions hereinafter set forth, which shall be a body politic and corporate and a political subdivision of the state of Louisiana comprising all of the territory within the geographical boundaries of the parishes of Avoyelles, East Feliciana, Pointe Coupee, Rapides, St. Helena, Tangipahoa, Washington, and West Feliciana.
B. There is hereby created the Zachary Taylor Parkway Commission, and the management and control of the district is hereby vested in the commission. The commission shall be domiciled in West Feliciana Parish.
C. The commission is hereby granted all the rights, powers, privileges, and immunities granted to political subdivisions, including but not limited to the following:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To initiate and coordinate research studies, and the gathering of information on the project, including but not limited to the following:
(a) Engineering studies.
(b) Traffic flow and pattern studies.
(c) Environmental impact studies.
(d) Location of the proposed route.
(e) Economic development impacts and benefits.
(f) Feasibility of obtaining designation of the highway as a National Defense Highway and as a part of the National Highway System.
(g) Utility relocation.
(h) Right of way acquisition.
(i) Project construction cost/benefit ratio studies.
(j) Feasibility of including the highway in the Louisiana Scenic Byway Program.
(4) To be designated an official repository for information relating to and about the project. As such, the district is empowered to receive and preserve all information gathered by other parties pertaining to the project.
(5) To receive contributions, donations, grants, and appropriations of money or other things of value from any public or private source.
(6) To enter into a cooperative endeavor by written agreement with the state or with any other public or private entity.
(7) To employ such persons as employees and to enter into such contracts for services as it deems advisable, but the commission shall not enter into any contract for the design or construction of the project or any portion thereof.
(8) To work jointly or in cooperation with the state of Mississippi in the planning and development of the parkway and to carry out the purposes of this Chapter.
D. The commission shall not design any portion of the project, engage in or supervise the construction of any portion of the project, nor maintain any portion of the project.
Acts 1992, No. 288, §1; Acts 1993, No. 230, §1; Acts 2016, No. 290, §1.
A. The commission shall be composed of one voting member from each of the eight parishes comprising the district, and of the mayors of all municipalities located in the district, who shall serve as nonvoting members. The voting commission member from each parish shall be appointed by the parish president, except in a parish where there is no parish president, in which case he shall be appointed by the president of the police jury; however, each such appointment shall be subject to the approval of the parish governing body. Persons appointed to membership on the commission shall be qualified voters and shall not be members of the parish governing body. All voting and nonvoting members of the commission shall be given notice of all meetings by the secretary of the commission.
B.(1) The initial term of members appointed from the parishes of Avoyelles, Pointe Coupee, St. Helena, and Washington shall be one year. The initial term of members appointed from the parishes of East Feliciana, Rapides, Tangipahoa, and West Feliciana shall be two years. All terms after the initial terms shall be for a period of two years. The initial term of each member shall commence on the effective date of that member's appointment. All terms shall end on the thirty-first day of August. All terms other than the initial terms shall commence on the first day of September.
(2) Members of the commission shall not serve more than twelve consecutive years beginning with appointments made on or after January 1, 2011.
C. A voting member of the commission may be removed by the appointing authority for just cause. In case of abandonment of his office, conviction of a felony, or a plea of nolo contendere thereto, the office of a voting member shall become vacant upon the declaration of a majority of the other voting members of the commission. A voting member shall be deemed to have abandoned his office upon failure to attend any three consecutive meetings of the commission, unless the member's absence was excused by the commission in response to the member's request, or unless the member was represented by the alternate member who resides in the same parish as the member.
D. Commission members shall not receive per diem and shall not be reimbursed for expenses incurred in connection with attending meetings of the commission. The commission may authorize reimbursement of expenses incurred by a commission member in the performance of a task specifically assigned to such member by the commission.
E. The commission shall elect from its members a chairman and a vice chairman for terms to expire on the thirty-first day of August of each year. The chairman may vote to create a tie vote or to break a tie vote, but the chairman shall not otherwise be entitled to vote. The commission shall elect for the same term a secretary, who may be, but who is not required to be, a member of the commission.
F. The commission shall hold at least one regular meeting during each calendar quarter. Special meetings may be called by the chairman. The secretary of the commission shall call a special meeting of the commission when requested in writing to do so by four or more members of the commission. In such event, the members requesting the special meeting shall furnish the secretary of the commission with the agenda for the meeting, which agenda shall be included in the notice of the meeting.
G. The parish officer empowered to appoint members to the commission shall appoint an alternate member at the same time as the appointment of the member is made. The appointment of the alternate member shall also be subject to the approval of the parish governing body. If a member is unable to attend a meeting, that member may be represented by the alternate member from that parish.
H. A quorum shall consist of five members. A majority of the members present at a meeting may exercise all the powers of the commission if a quorum is present at the commencement of the meeting.
I. In the event a commission member's position on the commission should become vacant by reason of death, resignation, or otherwise, the alternate member for that parish shall serve for the unexpired portion of the term. Any vacancy in the position of an alternate commission member shall be filled by the appointing authority for the parish represented by the alternate commission member.
J. The secretary of the Louisiana Department of Transportation and Development or his designee shall serve as an advisor to the commission. The directors of the Zachary Taylor Parkway Association, a nonprofit corporation, shall also serve as advisors to the commission. Notice of all meetings of the commission shall be given to the secretary of the Department of Transportation and Development and to the president of the association.
Acts 1992, No. 288, §1; Acts 1993, No. 230, §1; Acts 2008, No. 885, §§1, 2; Acts 2010, No. 207, §1, eff. Jan. 1, 2011; Acts 2016, No. 71, §2, eff. May 10, 2016.
The department is authorized to work jointly or in cooperation with the state of Mississippi, and to provide such advice and services to the commission as will, in the opinion of the secretary of the department, tend to achieve the objectives of this Chapter.
Acts 1992, No. 288, §1; Acts 1993, No. 230, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2016, No. 614, §9.
Repealed by Acts 2016, No. 614, §9.
Repealed by Acts 2016, No. 614, §9.
Repealed by Acts 2016, No. 614, §9.
Repealed by Acts 2016, No. 614, §9.
Repealed by Acts 2016, No. 614, §9.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
A. There is hereby created the Creole Nature Trail Scenic Byway District which shall be a body politic and corporate and a political subdivision of the state of Louisiana. The following highways and sections of highways are hereby designated as the Creole Nature Trail Scenic Byway District:
Louisiana Highway 27 beginning at Sulphur in Calcasieu Parish, south to Hollybeach in Cameron Parish at the junction with Louisiana Highway 82; Louisiana Highway 82 west to the Texas state line, and east on Louisiana Highway 27/82 to Creole, south on Louisiana Highway 82 to Oak Grove; or alternate route thence east to the intersection of Louisiana Highway 27/82 with Trosclair Road, a parish road #357, in Cameron Parish, thence east on Trosclair Road to its intersection with Louisiana Highway 82 at Oak Grove; east on Louisiana Highway 82 to the Vermilion Parish line; Louisiana Highway 385 south beginning at the intersection of McNeese Street in Calcasieu Parish to Louisiana Highway 384 at Boone's Corner proceeding east to Louisiana Highway 27 and proceeding south on Louisiana Highway 27 to Creole, or alternate route on Louisiana Highway 14 in Lake Charles south to intersection of Louisiana Highway 27 at Holmwood proceeding south to Creole; or, alternate spur route, extending east from Holmwood on Louisiana Highway 14, through the communities of Bell City and Hayes, to Illinois Plant Road, and proceeding south on Illinois Plant Road to its termination on Lacassine National Wildlife Refuge.
B. The purpose of the Creole Nature Trail Scenic Byway District shall be to stimulate economic development and tourism in the parishes traversed by the Creole Nature Trail Scenic Byway.
Acts 1995, No. 539, §1; Acts 2014, No. 290, §1, eff. May 28, 2014.
A. The Creole Nature Trail Scenic Byway District shall be governed by a board of commissioners consisting of nine members as follows:
(1) Two members selected by the Calcasieu Parish Police Jury.
(2) Three members selected by the Cameron Parish Police Jury.
(3) One member selected by the Southwest Louisiana Convention and Visitors Bureau.
(4) One member selected by the Cameron Parish Tourism Commission.
(5) The secretary of the Department of Transportation and Development, ex officio or his designee.
(6) One member selected by the Calcasieu and Cameron Parish legislative delegation.
B. The members of the board of commissioners shall serve four-year terms and shall serve until their successors have been appointed and qualified.
C. A vacancy on the board of commissioners for any reason shall be filled in the same manner as the original appointment and for the unexpired term of office. The board of commissioners shall be domiciled in the town of Lake Charles in Calcasieu Parish.
Acts 1995, No. 539, §1.
The district, through the board of commissioners, shall have all the rights, powers, privileges, and immunities granted to political subdivisions, including but not limited to the following:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To receive contributions, donations, grants, and appropriations of money or other things of value from any public or private source.
(4) To enter into cooperative endeavors by written agreement with the state or with any other public or private entity.
(5) To employ such persons as employees and to enter into such contracts for services as it deems advisable.
(6) To develop and implement a plan for the preservation, beautification, and promotion of the scenic drive and the natural, historic, and cultural sites and attractions of the route with the assistance of the Department of Transportation and Development, the Department of Culture, Recreation and Tourism, and the Department of Wildlife and Fisheries.
(7) To acquire servitudes adjacent to the Creole Nature Trail Scenic Byway for the preservation of the natural beauty of the area, but such authority shall not include the acquisition of rights-of-way for the construction of such scenic highway, the acquisition of which shall be the sole jurisdiction of the Department of Transportation and Development.
(8) To adopt rules and regulations providing for the utilization and administration of the servitudes herein authorized to be acquired.
Acts 1995, No. 539, §1.
A. The board of commissioners shall elect from its own membership a chairman and a vice chairman. A majority of the members of the board of commissioners shall constitute a quorum for the transaction of business and the meetings of the board shall be held at such place and time as shall be fixed in the call of the chairman after reasonable notice to the full membership.
B. The secretary of the Department of Transportation and Development shall serve as temporary chairman, and shall call the first meeting of the board of commissioners within sixty days after July 31, 1995.
Acts 1995, No. 539, §1.
The members of the board of commissioners shall serve without compensation for their services, but shall be entitled to reimbursement for actual expenses incurred in the performance of their duties as authorized by the board of commissioners.
Acts 1995, No. 539, §1.
State departments and agencies, particularly the Department of Transportation and Development, the Department of Culture, Recreation and Tourism, and the Department of Wildlife and Fisheries, are authorized to provide such advice and services to the board of commissioners as will, in the opinion of the respective department secretary or agency head, tend to achieve the objectives of this Chapter.
Acts 1995, No. 539, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2001, No. 1137, §1.
Repealed by Acts 2008, No.815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
That portion of Interstate 10 which begins at the Texas state line and travels eastward across the state of Louisiana to the Mississippi state line, which has not previously been designated a memorial highway or bridge, shall be hereafter known and designated as the Vietnam Veterans Memorial Highway.
Acts 1993, No. 513, §1.
Interstate 12 shall be known and designated as the West Florida Republic Parkway. Commemorative signs along the roadway shall include a circular emblem including the words "West Florida Republic Parkway" and the Bonnie Blue Flag of the Republic of West Florida.
Acts 1993, No. 513, §1.
That portion of Interstate 49 which is located inside the city limits of the city of Shreveport shall be known and designated as the Louisiana Korean War Veterans Memorial Highway.
Acts 1995, No. 133, §1.
Notwithstanding any other law to the contrary, that portion of Interstate 49 from its intersection with Interstate 220 to its intersection with Louisiana Highway 1 in the city of Shreveport, Louisiana, shall be known and designated as the "T.J. Hawkins, Craig E. Lear, Cooper Road USA Expressway".
Acts 2017, No. 157, §1.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
A. The development, improvement, expansion, and maintenance of an efficient, safe, and well-maintained system of roads, highways, transitways, and other transportation facilities are essential to Louisiana's economic health and promote intermodalism and the ability of business and industry to compete cost effectively on a regional, national, and global scale in order to provide a high quality of life for the people of this state.
B. The expansion of local transportation facilities is vital to growth and development of the parishes and the state.
C. Public sources of revenues, including federal funding, to provide an efficient transportation system have not kept pace with the state's growing population and transportation needs, and all available alternative sources of funding should be utilized to supplement available public sources of revenues.
D. Because public funding sources are not providing the state with sufficient funds to meet all of its transportation needs, it is determined that parishes and municipalities should be encouraged to utilize public/private partnerships as a means to assist the state in financing improvements to the state highway system and meeting local transportation needs.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Act" means the Louisiana Transportation Development Act.
(2) "Authority" means any transportation authority formed pursuant to this Chapter or any successor thereto.
(3) "Board" means the board of directors of an authority.
(4) "Bonds" means bonds, notes, certificates, obligations, or any other evidence of indebtedness or evidence of borrowed money issued or entered into by an authority to finance a project.
(5) "Department" means the Department of Transportation and Development of the state or any successor agency thereto.
(6) "Municipal-related project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of a municipal street system or related facilities.
(7) "Parish-related project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of a parish road system or related facilities.
(8) "Project" means any capital project undertaken pursuant to this Chapter involving the acquisition of real property for, or the acquisition, construction, reconstruction, improvement, extension, installation, development, or equipping of a tollway which is a new roadway, path, highway, transitway, bridge, tunnel, or other paved surface or structure specifically designed as a land vehicle transportation route, or a substantial reconstruction of an existing route, related facilities, or any portion thereof, including a state-designated project.
(9) "Project costs" means: all costs of acquisition and construction; the cost of acquisition of all land, rights-of-way, servitudes, property rights, easements, and interests acquired, or to be acquired, by an authority for such construction; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved; the cost of all machinery and equipment; financing charges, interest charges, interest prior to and during construction; cost of traffic estimates and of engineering and legal expenses; cost of plans, specifications, surveys; estimates of cost and of revenues; other expenses necessary or incidental to determining the feasibility or practicability of constructing a project; administrative expenses, and such other expenses as may be necessary or incidental to the construction of a project; and the financing of such construction and the placing of a project in operation. Any obligation or expenses hereafter incurred by the department, with the approval of an authority, for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as part of the cost of the project and shall be reimbursed to the department.
(10) "Public utility facilities" means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances which are either publicly or privately owned.
(11) "Real property" means lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water, riparian rights, property rights in air space and/or subsurface space, and any and all other things and rights usually included within the said term, including any and all interests in such property less than full title, such as easements and servitudes, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, whether permanent or temporary.
(12) "Revenue" means:
(a) All income, revenues, tolls, and receipts derived or to be derived from a project owned, leased, maintained, operated or otherwise received by an authority from a project, or from contracts or agreements relating to a project, including but not limited to lease or sublease agreements, sale agreements, security agreements, loan agreements, pledge agreements, or other financing agreements between that authority and any entity, or from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(c) Monies generated by taxes of a public entity which are authorized to be assessed and levied by the legislature or any electorate.
(13) "State" means the state of Louisiana.
(14) "State-designated project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of the state highway system or related facilities.
(15) "State highway system" means all roadways, highways, bridges, or tunnels which constitute the state highway system.
(16) "Toll" means any fee or charge for the use of a tollway.
(17) "Tollway" means any roadway, path, highway, transitway, bridge, tunnel, or other paved surface or structure specifically designed as a land vehicle transportation route for which a toll will be collected.
(18) "Transitway" means any fixed guide way facility involving the use of rail or dedicated transit lines.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A. Any parish or municipality, or two or more contiguous parishes, municipalities, or any combination of contiguous parishes and municipalities are hereby authorized to form and incorporate an authority pursuant to and in accordance with the Louisiana Nonprofit Corporation Law (R.S. 12:201 et seq.). Each parish or municipality shall adopt an ordinance approving the drafting and execution of the articles of incorporation of such authority and shall act as an incorporator of the authority. The articles of incorporation shall be drafted and filed with the Louisiana secretary of state in accordance with the Louisiana Nonprofit Corporation Law, and shall also be filed in the official records of each parish within the territory of the authority so created.
B. Any authority created pursuant to this Chapter shall be a nonprofit corporation organized in accordance with the provisions of the Louisiana Nonprofit Corporation Law. In the event of any conflict between the provisions of this Chapter and the Louisiana Nonprofit Corporation Law, the provisions of this Chapter shall control. Any such authority created pursuant to this Chapter shall be considered and treated as a body politic and corporate established for the public purposes enumerated herein.
C. The boundaries of the authority shall be coextensive with the territorial boundaries of the parish or parishes or municipality or municipalities which establish such authority. The authority shall have the power to adopt bylaws containing such terms and provisions as the directors of the authority shall deem necessary or convenient to further carry out its purposes, provided that nothing therein may contravene any of the provisions of this Chapter.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
Neither the state nor any state agency, parish, municipality, district, or any other political subdivision or other public entity shall be subject to any claims, liabilities, costs, expenses, or causes of action for any personal injury or damage to property arising out of the construction, operation, or maintenance of any project, or which may happen to occur on any tollway, if such incident giving rise thereto occurs prior to transfer and reversion of ownership of any project from an authority created hereunder to the state or appropriate parish or municipality in accordance with the provisions of this Chapter. Should any suit or other action be filed against an authority created hereunder prior to reversion of a project, such reversion shall be effected as provided in this Chapter but the authority so joined by such action shall continue in existence as provided in R.S. 48:2036(A). No individual member, officer, director, or employee of an authority shall be liable personally for any such claims, liabilities, costs, expenses, or causes of action in any event.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A. The board of the authority shall consist of such directors as are specified in the articles of incorporation of the authority, provided the board shall consist of at least five directors, including the secretary of the department or his designee, and, if any one or more of the parishes or municipalities are within the territorial jurisdiction of the metropolitan planning organization, the chairman of the metropolitan planning organization or his designee.
B. All directors, other than the secretary of the department and the chairman of the metropolitan planning organization, shall be appointed by the parish or municipality forming the authority, if there is only one. If more than one parish, municipality, or any combination of parishes and municipalities is involved in forming an authority, each parish or municipality shall appoint an equal number of directors.
C. An authority shall elect from its directors a chairman, a vice chairman, and a secretary-treasurer who shall serve one-year terms. Where more than one parish or municipality is involved in the formation of an authority, the chairmanship for each successive term shall be alternated among the representatives of all participating parishes and municipalities.
D. Any vacancy which occurs prior to the expiration of a term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term as set forth in the articles of incorporation or bylaws of the authority.
E. Upon the effective date of an appointment, or as soon as practicable thereafter, each appointed member shall enter upon his duties. A member shall hold office until a successor has been appointed. Any member of the authority is eligible for reappointment.
F. All directors shall have equal status, and all directors shall have a vote.
G. The presence of a majority of the board shall constitute a quorum, and the vote of a majority present and voting shall be necessary for any action taken by the board.
H. A vacancy on the board shall not impair the right of a quorum to exercise a right or perform a duty of the board.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
Directors of the board shall not be entitled to any salary for services, but each member shall be reimbursed for actual expenses necessarily incurred in the performance of all duties in connection with the business of an authority in compliance with Policy and Procedure Memorandum 49, as promulgated by the division of administration, as amended and revised and may, if authorized by the board, be entitled to a per diem when conducting official business, not to exceed seventy-five dollars per day.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
Any authority created pursuant to this Chapter, and all directors and officers thereof, shall be subject to the Code of Governmental Ethics (R.S. 42:1101 et seq.).
Acts 1997, No. 1017, §1, eff. July 11, 1997.
Any authority created pursuant to this Chapter shall be subject to and fully comply with the Public Records Law (R.S. 44:1 et seq.) and the Open Meetings Law (R.S. 42:11 et seq.) of the state. The proceedings and documents of an authority shall be public record. All reports, maps, or other technical documents produced in whole or in part by an authority may be utilized by the department or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A. An authority created and established pursuant to this Chapter may only construct new additional highway toll and/or transitway toll facilities under the terms and conditions set forth in this Chapter, with the prior express written consent of the affected governing bodies within the geographic boundaries of the authority after public hearing. Said facilities must be part of the approved transportation plan and program of the department and the local metropolitan planning organization, where applicable.
B. Prior to the creation of the authority and the initiation of environmental impact statements, feasibility studies must first be conducted under sponsorship or approval of the department or the metropolitan planning organization, if applicable, to substantiate project need and justification.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
In addition to having all of the powers granted it by virtue of its being a nonprofit corporation created pursuant to the Louisiana Nonprofit Corporation Law, each authority may exercise all additional powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including but not limited to the following rights and powers:
(1) To adopt and amend bylaws, regulations, and procedures for the governance of its affairs and the conduct of its business and to designate an official journal which shall be a newspaper of general circulation within the geographical boundary of the authority.
(2) To adopt, use, and alter at will an official seal.
(3) To construct, reconstruct, maintain, improve, install, extend, develop, equip, repair, operate, own, and lease projects within the geographic boundaries of the authority in the manner to be determined by the authority, including in segments, phases, or stages, and all rights-of-way and to pay all project costs in connection therewith.
(4) To sue and be sued in its own name, plead, and be impleaded; however, any and all actions at law or in equity* against the authority shall be brought in the parish where the cause of action arises, and if land is involved, including condemnation proceedings, suit shall be brought in the parish where the land is situated.
(5)(a) To fix, revise, and adjust, from time to time, tolls, fees, and charges in connection with each project sufficient to pay all maintenance, operation, debt service and reserve or replacement costs, and other necessary or usual charges, and to regulate speed limits on the tollways consistent with state speed limits. In all cases, however, the amount of the toll charged to commercial vehicles shall be multiples of the two-axle rate such that an increase equal to approximately one-half the two-axle rate is realized for each axle over two.
(b) No toll shall be charged or collected from vehicles which will only travel over a portion of a tollway which was in existence as a non-toll route prior to construction of the tollway project and which was not substantially reconstructed by the tollway project.
(6) To contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the right-of-way adjoining the paved portion, for placing thereon telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for such use. Any utilities which are placed within the right-of-way shall be locatable by the one-call system and the utilities shall place locator strips on any buried objects. The contract or lease shall require the removal at the expense of the lessee of any utilities or other obstructions placed within the right-of-way at the request of such private utility owner when expansion of the toll facility requires such removal. Installation and removal of utility facilities shall be consistent with rules and regulations promulgated by the federal government and the Louisiana Department of Transportation and Development.
(7) To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter in accordance with existing state law.
(8) To acquire in the name of the authority by purchase, gift, transfer, foreclosure, lease, or otherwise, including rights or easements, or by the exercise of the power of eminent domain in the manner hereinafter provided, such public or private lands, including public parks, playgrounds or reservations, or parts thereof or rights therein, rights-of-way, property rights, easements, and interests, as it may deem necessary for carrying out the provisions of this Chapter. Eminent domain shall be used for the sole purpose of constructing tollways and for the other public purposes set forth in this Chapter, and not for the exercise of, or accommodation for, private development interests, including but not limited to service stations, food marts, restaurants, truck stops, or other private enterprises.
(9) To hold, sell, assign, lease, or otherwise dispose of any real or personal property or any interest therein; to release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it; to take assignments of leases and rentals; to proceed with foreclosure actions; or to take any other actions necessary or incidental to the performance of its corporate purposes.
(10) To designate the location, and establish, limit, and control points of ingress and egress for each project as may be necessary or desirable in the judgment of the authority to ensure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated. Creation of new points of ingress and egress or substantial reconstruction or redesign of the same shall be made only after public hearing. Where the state highway system is affected, the concurrence of the department shall be obtained for any such matters set forth in this Paragraph.
(11) In all cases where parish, municipal, or other public roads are affected or severed, the authority is hereby empowered and required to move and replace the same with equal or better facilities, and all expenses and resulting damages, if any, shall be paid by the authority.
(12) To enter, or authorize its agents to enter, upon any lands, waters, and premises within the geographic boundaries of the authority for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or appropriate for the purposes of this Chapter, and such entry shall not be deemed a trespass or unlawful. The authority shall make reimbursement for any actual damages resulting to such lands, waters, and premises as a result of such activities.
(13) To procure liability, casualty, and other insurance in such amount or amounts appropriate to the size of the project, as determined by the board, insuring the authority against all losses, risk, and liability arising out of the construction, operation, maintenance, and ownership of any project.
(14) To apply for, receive, and accept subventions, grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for its corporate purposes.
(15) To open accounts at financial institutions as necessary for the conduct of its business and to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the board may determine, subject to compliance with state laws relative to investments by political subdivisions.
(16) To borrow money and issue bonds for any corporate purpose, including the development, construction, or financing of any project which the authority is authorized to acquire or construct, including all costs in connection with and incidental to such acquisition or construction and the financing thereof.
(17) To enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of this Chapter. Such contracts and agreements may include, without limiting the foregoing, construction agreements, purchase or acquisition agreements, loan or lease agreements, partnership agreements, including limited partnership agreements, joint venture, participation agreements, or loan agreements with leasing corporations or other financial institutions or intermediaries.
(18) To enter into agreements with a public or private entity, to permit the entity, independently or jointly with the authority, to construct, maintain, repair, and/or operate projects, and to authorize the investment of public and private money to finance such projects, subject to compliance with state law relative to use of public funds.
(19) To employ consultant engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary for the accomplishment of its corporate purposes, and to fix their compensation.
(20) To exercise the power of eminent domain in accordance with general law or, at the option of the authority, Part XVII of Chapter 1 of this Title, and the provisions relating to acquisition of property prior to judgment found therein, provided that any property so acquired by an authority which is not used for an authorized public purpose of the authority within three years of such acquisition shall be reconveyed by the authority to the prior owners thereof at current market value. Upon refusal or failure to accept reconveyance of such property by the prior owner, the authority may use or dispose of such property as provided for in this Chapter.
(21) To do all acts and things necessary or convenient for the powers granted to it by law.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
*As appears in enrolled bill.
A. An authority may, upon obtaining the approval of the department, undertake a state-designated project as a project under this Chapter.
B. The department may, upon the request of an authority, in connection with any state-designated project, expend out of any funds available for the purpose such monies and make such use of its engineering and other staff as may be necessary and desirable, in the judgment of the department, for traffic surveys, borings, surveys, preparation of plans and specifications, estimates of cost, and other preliminary engineering and other studies. These expenditures shall be reimbursed to the department from the sale of bonds for the project and shall be considered a part of the project cost.
C. The department may serve as the agent for an authority for the purpose of constructing and completing improvements and extensions to a state-designated project. In such event, the authority shall provide the department with complete copies of all documents, agreements, resolutions, contracts, and instruments relating thereto; shall request the department to do such construction work, including the planning, surveying, and actual construction of the completion, extensions, and improvements thereto; and shall transfer to the credit of an account of the department in the state treasury the necessary funds therefor. The department shall thereupon proceed with such construction and use the funds for such purpose in the same manner as it is now authorized to use the funds otherwise provided by law for its use in the construction of roads and bridges.
D. Any portion of a project which would extend beyond the geographic boundaries of an authority, or interconnect with or otherwise directly affect the operation of any portion of the state highway system or any state-designated project, shall be subject to department approval.
E. Any portion of a project which would extend beyond the geographic boundaries of an authority shall have the approval of the metropolitan planning organization which has jurisdiction for reviewing projects for such parishes or municipalities.
F. Notwithstanding any other law to the contrary, specifically including but not limited to the Louisiana Expressway Law (R.S. 48:1251 et seq.), any authority organized pursuant to the provisions of this Chapter shall have full power to carry out all of the powers and duties set forth in this Chapter, without the necessity of obtaining the approval or consent of the state, or any state agency, political subdivision, district, authority, or other public entity except as expressly provided for in this Chapter.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A. For the purposes of this Chapter, an authority may acquire private or public property and property rights, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation by eminent domain proceedings, as the authority may deem necessary for any of the purposes of this Chapter, including but not limited to any lands reasonably necessary for securing applicable permits, areas necessary for management of access, borrow pits, drainage ditches, water retention areas, rest areas, placement access for landowners whose access is impaired due to the construction of a project, and replacement rights-of-way for relocated rail and utility facilities for existing, proposed, or anticipated transportation facilities in the transportation corridor designated by the authority.
B. In the acquisition of land and property, an authority may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition costs to the authority will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened. To that end, the provisions of R.S. 48:2029(20) regarding reconveyance of such excess portion shall not apply except in the case of the exercise of an authority of its right of eminent domain.
C. An authority may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the authority that maximize the price received for such property.
D. The right of eminent domain conferred by this Chapter must be exercised by each authority in the manner provided by state law.
E. When an authority acquires property for a project, it is not subject to any liability imposed by pre-existing conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. An authority and the Louisiana Department of Environmental Quality may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the authority.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A.(1) An authority shall have the power to make reasonable regulations, not inconsistent with rules and regulations promulgated by the federal government and the Department of Transportation and Development, for the installation, construction, maintenance, repair, renewal, relocation, and removal of any public utility, railroad, or pipeline company, in, on, along, over, or under a project.
(2) Whenever an authority shall determine that it is necessary that any public utility facilities which now are located in, on, along, over, or under a project should be relocated in such project, or should be removed from such project, or should be carried along or across the project by grade separation, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the authority; however, the cost and expenses of such relocation or removal or grade separation, including the cost of installing such facilities in a new location or new locations, and the cost of any land, or any rights or interest in lands, and any other rights acquired to accomplish such relocation or removal, and the cost of maintenance of grade separation structures, shall be paid by the authority as a part of the cost of operation of such project.
(3) In case of any such relocation or removal of public utility facilities, the owners or operators of the same, their successors or assigns, may use and operate such public utility facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as they had the right to maintain and operate such public utility facilities in their former location or locations.
B. Any utility allowed to exist on an authority's right-of-way at the request of the utility pursuant to R.S. 48:2029(6) shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A. All contracts of an authority for the construction, improvement, repair, or maintenance of any project shall be made and awarded under the same conditions, terms, requirements, and provisions as are provided by law with respect to contracts of the state for state-designated projects, or a parish for parish-related projects, or a municipality for municipal-related projects. In the making and awarding of such contracts, the authority shall be under the same duties and responsibilities with respect thereto as are now imposed by law, from time to time, including Part XIII of Chapter 1 of this Title, relative to the awarding of contracts for public works, provided that all contracts of an authority for the construction, improvement, repair, or maintenance of any state-designated project shall be made and awarded under the same conditions, terms, requirements, and provisions as are now provided for with respect to contracts of the department, and in the making and awarding of such contracts, the authority shall be under the same duties and responsibilities with respect thereto as are now imposed upon the department, including Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, as amended.
B. Notwithstanding any law to the contrary, an authority may contract with a private entity to provide services for design, cost estimate, feasibility studies, operations, management, and construction management services, provided that any contract awarded for such services shall be awarded only after the authority drafts and uses a request for proposal seeking proposals from qualified providers. Notice of such request for proposals shall be published twice, once a week for two weeks, in the official journal of the authority and once in at least one trade journal. Such notice shall give a brief description of the services sought where a complete request for proposal form may be obtained and the deadline for response to the proposal, which shall be no less than thirty days from the last publication in the official journal. Nothing in this Subsection shall be construed to allow contracts for the construction, improvement, repairs, or maintenance of tollways to be awarded in any manner other than as set forth in Subsection A.
C. Any authority created hereunder shall contract with either the state police, a law enforcement district, or municipal law enforcement agency for law enforcement and patrol functions.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A. Without reference to any provision of the Constitution of Louisiana and the laws of Louisiana, and as a grant of power in addition to any other general or special law, any authority created pursuant to this Chapter may issue bonds for any corporate purpose and pledge revenues for the payment of the principal and interest of such bonds. An authority is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or otherwise any sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or any other money of the authority, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds.
B. Bonds issued under the provisions of this Chapter shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the state and/or public entities to the authority arising out of contracts authorized under this Chapter.
C. Prior to the issuance of any bonds for a project, a business plan must be prepared detailing the estimated expenditures for and revenues from the operation of all capital improvements and the time schedule for such expenditures and receipts. The authority shall employ a financial advisor, and the plan must be recommended by the authority's financial advisor as fiscally sound and approved by the authority prior to the issuance of any bonds.
D. Bonds shall be authorized by a resolution of the board and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the authority, and be entitled to such priority on the revenues as such resolution or resolutions may provide.
E. Bonds shall be sold by the authority at public sale by competitive bid or negotiated private sale and at such price or prices as the authority may determine to be in the best interest of the authority.
F. The issuance of bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of the state or any political subdivision, or of any agency, commission, or instrumentality thereof, except that the issuance of such bonds shall be subject to the approval of the State Bond Commission. The bonds shall be issued in compliance with the provisions of this Chapter.
G. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the authority authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds or the security therefor within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof, and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed to be legal and shall be incontestable. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. An authority shall designate any paper of general circulation in its geographical jurisdiction as its official journal. Any suit to determine the validity of bonds issued by the authority shall be brought only in accordance with the provisions of the Bond Validation Procedures Act (R.S. 13:5121 et seq.). In addition, the Bond Validation Procedures Act may also be used to establish the validity of any contract entered into pursuant to R.S. 48:2029(18).
H. All bonds issued pursuant to this Chapter shall have all the qualities of negotiable instruments under the commercial laws of the state.
I. Any pledge of revenues or other monies made by an authority shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether such parties have notice thereof.
J. Neither the directors of the board nor any person executing the bonds shall be liable personally for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
K. Bonds of an authority, their transfer, and the income therefrom shall at all times be exempt from all taxation by the state or any political subdivision thereof, and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for said deposits to the extent of their value.
L. Any authority organized pursuant to this Chapter is hereby authorized to provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding any bonds then outstanding and issued by the provisions of this Chapter, whether or not such outstanding bonds have matured or are then subject to redemption. The authority is further authorized to provide by resolution for the issuance of a single issue of bonds of the authority for the combined purposes of paying the costs of any project, and refunding bonds of the authority which shall then be outstanding, whether or not such outstanding bonds have matured or are then subject to redemption. The issuance of such refunding bonds, the maturities, and the other details thereof, the rights and remedies of the holders thereof, and the rights, powers, privileges, duties, and obligations of the authority with respect to the same, shall be governed by the foregoing provisions of this Chapter insofar as the same may be applicable.
M. An authority created hereunder shall have the authority to employ all professionals it deems necessary in the issuance of its bonds including but not limited to bond counsel, issuer counsel, a financial advisor, and fiduciaries.
N. An authority created hereunder shall be deemed to be a public entity for purposes of Chapters 13, 13-A, 14, 14-A, 14-B, and 15-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, which statutes shall apply to bonds of an authority, provided that in the event of a conflict with the provisions of this Chapter, the provisions of this Chapter shall control.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A. The powers and rights conferred by this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other general laws and shall not be regarded as in derogation of any powers now existing. This Chapter does and shall be construed to provide a complete and additional method for the issuance of bonds. No proceeding, hearing, notice, or approval shall be required for the issuance of any bonds or any instrument as security therefor, except as provided herein. The provisions of this Chapter shall be liberally construed for the accomplishment of its purposes.
B. The provisions of this Chapter shall not be applicable in any manner to the Greater New Orleans Expressway Commission or its facilities or any projects or improvements related thereto.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A.(1) When the bonds issued for any state-designated project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the state-designated project is in a condition which meets department standards for structural condition and geometric design and is in a condition of maintenance satisfactory to the department, said project and any property acquired as part of project costs shall be transferred by the authority and shall thereby be conveyed in full ownership to the state of Louisiana; and the department shall assume jurisdiction and control of the project, which will then become part of the state highway system and be subject to maintenance, control, and operation of the department as an integral part of the state highway system, and the state, in its discretion, may provide that any toll or fee collected may be continued for the purpose of maintenance.
(2) Upon the later of payment in full of all bonds and the interest thereon, the deposit of funds in trust for such purpose, or the final resolution of any disputes or litigation pending against any authority on such transfer and conveyance date, the existence of the authority shall terminate. From the date of such transfer and conveyance of the project the authority shall continue to exist to dispose of any unresolved litigation not related to the day-to-day management of the project. If no such litigation is pending on the date the project transfers and conveys, the authority shall terminate on the transfer and conveyance date.
B.(1) When bonds issued for any parish-related project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the parish project is in a condition of maintenance satisfactory to the parish, said project and any property acquired as part of project costs shall be transferred by the authority to and shall thereby be conveyed in full ownership to the respective parish; and the parish shall assume jurisdiction and control of the project, which will then become part of the parish road system and be subject to maintenance, control, and operation of the parish as an integral part of the parish road system, and the parish, in its discretion, may provide that any toll or fee collected may be continued for the purpose of maintenance.
(2) Upon the later of payment in full of all bonds and the interest thereon, the deposit of funds in trust for such purpose, or the final resolution of any disputes or litigation pending against an authority on such transfer and conveyance date, the existence of the authority shall terminate. From the date of such transfer and conveyance of the project the authority shall continue to exist to dispose of any unresolved litigation not related to the day-to-day management of the project. If no such litigation is pending on the date the project transfers and conveys, the authority shall terminate on the transfer and conveyance date.
C.(1) When bonds issued for any municipal-designated project and the interest thereon has been paid in full, or sufficient funds have been deposited in trust for that purpose and the municipal project is in a condition of maintenance satisfactory to the municipality, said project and any property acquired as part of the project costs shall be transferred by the authority to and shall thereby be conveyed in full ownership to the respective municipality; and the municipality shall assume jurisdiction and control of the project, which will then become part of the municipal road system and be subject to maintenance, control, and operation of the municipality as an integral part of the municipal road system, and the municipality, in its discretion, may provide that any toll or fee collected may be continued for the purpose of maintenance.
(2) Upon the later of payment in full of all bonds and the interest thereon, the deposit of funds in trust for such purpose, of the final resolution of any disputes or litigation pending against an authority on such transfer and conveyance date, the existence of the authority shall terminate. From the date of such transfer and conveyance of the project the authority shall continue to exist to dispose of any unresolved litigation not related to the day-to-day management of the project. If no such litigation is pending on the date the project transfers and conveys, the authority shall terminate on the transfer and conveyance date.
D. A notice of transfer and reversion of ownership of any such project shall be published twice in the official journal of the state, parish, or municipality, as the case may be, to receive such ownership conveyance with the first publication to be made not more than one hundred eighty nor less than one hundred fifty days from the full bond principal and interest payment or date of deposit in trust therefor and the second not more than ninety nor less than sixty days therefrom.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
A. Should a private entity independently desire to own, plan, design, finance, construct, maintain, and operate a tollway on privately owned property or on leased property, any parish police jury, parish council, or other parish governing authority or municipality acting in its individual capacity may enter into a cooperative endeavor agreement as authorized by Article VII, Section 14(C) of the Constitution of Louisiana to facilitate the construction of such private tollway within the parish, without the approval or participation of an authority. Public funds may only be expended in connection with a privately owned tollway for improvements or expenses incurred outside the property lines of the privately owned tollway right-of-way. If not exclusive, no right shall be granted to another private entity allowing construction of a tollway within two miles of the tollway which is the subject of the cooperative endeavor agreement. Such cooperative endeavor agreement shall be approved by ordinance of such parish governing authority or municipality and shall be executed prior to construction of the privately owned tollway and shall provide for but not be limited to the following:
(1) The right to construct, own, and operate the tollway and that such right shall be irrevocable, but need not be exclusive.
(2) The right to own the tollway and to set, fix, change, and collect tolls all in perpetuity.
(3) Rights of assignment and amendment.
(4) The duty of the private entity to provide for design and construction of the tollway and standards therefor.
(5) Provisions for maintenance and operation, liability, and other operational matters.
(6) Rights and duties of the parties regarding connecting roads, highways, streets, bridges, or transitways.
(7) Such other matters as shall be deemed appropriate or necessary.
B. In the event a private tollway is constructed on privately owned property or on leased property under the provisions of this Section, the provisions of Part I of Chapter 3 of this Title, shall not apply.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
Repealed by Acts 2010, No. 743, §19, July 1, 2010.
Repealed by Acts 2010, No. 743, §19, July 1, 2010.
Repealed by Acts 2010, No. 743, §19, July 1, 2010.
Repealed by Acts 2010, No. 743, §19, July 1, 2010.
Repealed by Acts 2010, No. 743, §19, July 1, 2010.
Repealed by Acts 2010, No. 743, §19, July 1, 2010.
Repealed by Acts 2001, No. 300, §4.
Repealed by Acts 2001, No. 300, §4.
Repealed by Acts 2001, No. 300, §4.
Repealed by Acts 2001, No. 300, §4.
Repealed by Acts 2001, No. 300, §4.
Repealed by Acts 2001, No. 300, §4.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
This Chapter shall be known and may be referred to as the "Louisiana Transportation Authority Act".
Acts 2001, No. 1209, §2.
A. The legislature hereby finds and declares that the development, construction, improvement, expansion, and maintenance of an efficient, safe, and well-maintained intermodal transportation system is essential to promote Louisiana's economic growth and the ability of business and industry to compete in regional, national, and global markets and to provide a high quality of life for the people of this state.
B. Public revenue, including federal funds, has not kept pace with the state's growing transportation system needs. The legislature hereby finds and declares that it is a matter of public necessity to create the Louisiana Transportation Authority, to pursue alternative and innovative funding sources, including but not limited to public/private partnerships, tolls, and unclaimed property bonds to supplement public revenue sources and to improve Louisiana's transportation system.
C. The legislature hereby finds and declares that it is a matter of public necessity to authorize the Louisiana Transportation Authority to pursue public-private partnerships to supplement public revenue sources and to pursue alternative and innovative funding sources, including user fees to improve Louisiana's transportation system. Further, the legislature finds that authorizing the Louisiana Transportation Authority to contract with private entities for the development or operation of transportation facilities will provide significant public benefit for the citizens of Louisiana by making additional transportation facilities available to the public and minimizing the need for the imposition of additional taxes. The legislature additionally finds that authorizing private entities to develop or operate transportation facilities will result in the construction of transportation facilities more quickly at reduced costs, thereby benefitting the public safety and welfare of the citizens of Louisiana. The public need for timely and cost-efficient development or operation of transportation facilities within the state may not be wholly satisfied by existing methods utilized by public entities to develop and operate qualifying transportation facilities.
D. It is the intent of this Chapter to encourage investment in the state of Louisiana by private entities and to facilitate to the greatest extent feasible the financing, development, and operation of transportation facilities.
Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. June 29, 2005; Acts 2006, No. 304, §1.
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Act" means the Louisiana Transportation Authority Act.
(2) "Affected local jurisdiction" means any parish or municipality in which all or a portion of a qualifying transportation facility is located.
(3) "Asset management" means a systematic process of operating and maintaining the state system of highways by combining engineering practices and analyses with sound business practices and economic theory to achieve cost-effective outcomes, including ordinary, preventive, and rehabilitative maintenance activities.
(4) "Authority" means the Louisiana Transportation Authority created by this Chapter.
(5) "Board" means the board of directors of the authority.
(6) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the authority to finance projects.
(7) "Comprehensive agreement" means the comprehensive agreement between a private entity and the authority pursuant to the provisions of this Chapter.
(8) "Department" means the Department of Transportation and Development.
(9) "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or expand any portion of a project approved according to the provisions of this Chapter.
(10) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(11) "I-49 Project" means the project for Interstate 49 North from Interstate 20 in the city of Shreveport to the Louisiana/Arkansas border and Interstate 49 South from Interstate 10 in the city of Lafayette to the West Bank Expressway in the city of New Orleans.
(12) "Material default" means any default by the private entity in the performance of its duties which jeopardizes delivery of adequate service to the public from a qualifying transportation facility and which remains unsatisfied after the authority provides reasonable written notice to the private entity and lapse of a reasonable period of time without correction.
(13) "Multimodal transportation facility"means a transportation facility consisting of two or more modes of transportation.
(14) "Operate" or "operation" means to finance, maintain, improve, equip, modify, repair, or operate a qualifying transportation facility.
(15) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.
(16) "Private entity" means a corporation, limited partnership, general partnership, limited liability company, joint venture, business trust, or other business entity.
(17) "Project" means any capital project undertaken pursuant to this Chapter, including but not limited to the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, or operation of a tollway and the I-49 Project. "Project" shall not include the roadway known as the West Bank Expressway in Jefferson Parish.
(18) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and to construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.
(19) "Public entity" means and includes the state of Louisiana, or any agency, authority, board, commission, department, district or public corporation of the state, created by the constitution or statute, or any local governmental subdivision or political subdivision as defined in Article VI Section 44 of the Constitution of Louisiana. Public entity shall not include any public service company.
(20) "Public utility facilities" means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances which are either publicly or privately owned.
(21) "Qualifying transportation facility" means one or more transportation facilities developed or operated by a private entity pursuant to this Chapter.
(22) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within said term, including any and all interests in such property less than full title.
(23) "Responsible public entity" means a public entity authorized by the laws of this state to develop or operate a transportation facility.
(24) "Revenue" means:
(a) Any income, revenue, toll, earnings, user fees, lease payments or service payments, and receipts arising out of or in connection with a project or qualifying transportation facility or derived or to be derived from the construction and operation of projects by the authority or received by the authority from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(c) Monies of the authority generated by taxes which are authorized to be assessed and levied by the legislature or any electorate.
(d) Monies transferred to the authority by the state treasurer from the Unclaimed Property Leverage Fund created pursuant to R.S. 9:165.
(e) Monies received from the federal government, public entity, private entity, investor, or from any agency of such entities in aid of a transportation facility.
(25) "Secretary" means the secretary of the Department of Transportation and Development.
(26) "Service contract" means a contract entered into between the authority and a private entity pursuant to this Chapter.
(27) "Service payments" means payments to the private entity in connection with the development or operation of a qualifying transportation facility pursuant to a service contract.
(28) "State" means the state of Louisiana or any agency or instrumentality thereof.
(29) "State-designated project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of the state highway system or related facilities, and shall include the I-49 Project.
(30) "State highway system" means all roadways, highways, bridges, or tunnels which constitute the state highway system.
(31) "Toll" means any fee or charge for the use of a tollway.
(32) "Tollway" means any highway, bridge, tunnel, or other transportation facility constructed or operated by the authority.
(33) "Transitway" means any fixed guideway facility involving the use of rail.
(34) "Transportation facility" means a highway, limited access facility, ferry, airport, mass transit, rail or port facility, or similar facility used for the transportation of persons or goods, together with any buildings, structures, parking areas, appurtenances and other features necessary to operate such facility or associated with its purposes.
(35) "User fees" mean the rates, fees or other charges imposed by the private entity for use of all or a portion of a qualifying transportation facility pursuant to the comprehensive agreement.
Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. June 29, 2005; Acts 2006, No. 304, §1.
A. The Louisiana Transportation Authority, hereafter referred to as the "authority", is hereby created possessing full corporate powers to promote, plan, finance, develop, construct, control, regulate, operate, and maintain any tollway or transitway to be constructed within its jurisdiction.
B. The authority is placed within the Department of Transportation and Development and shall perform and exercise its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.
C. The domicile of the authority shall be East Baton Rouge Parish.
D. The board shall be composed of nine directors who shall be the governing body of the authority with full power to promulgate rules and regulations for the maintenance and operation of the authority, subject to the approval of the House and Senate committees on transportation, highways and public works, as follows:
(1) The governor or his designee.
(2) The secretary of the Department of Transportation and Development or his designee.
(3) The secretary of Louisiana Economic Development or his designee.
(4) The president of the Louisiana Senate or his designee.
(5) The speaker of the Louisiana House of Representatives or his designee.
(6) The chairman of the House Committee on Transportation, Highways and Public Works or his designee, who shall serve as chairman on a two-year rotating basis with the chairman of the Senate Committee on Transportation, Highways and Public Works.
(7) The chairman of the Senate Committee on Transportation, Highways and Public Works Committee or his designee, who shall serve on a two-year rotating basis with the chairman of the House Committee on Transportation, Highways and Public Works.
(8) One director appointed by the governor from the membership of the Louisiana Planning Council.
(9) One director appointed by the governor from the state at large and representative of Louisiana business and industry.
E. The directors appointed by the governor shall be subject to Senate confirmation and shall serve at his pleasure, and may be removed at his discretion.
F. The appointed directors shall take and subscribe to the oath of office required of public officials. Appointed directors shall serve until their successors are appointed and sworn into office. Appointed directors may be removed from office for cause by a district court having jurisdiction.
G. A majority of the directors shall constitute a quorum for the transaction of official business. All official actions of the authority shall require an affirmative vote of the directors present and voting at any meeting.
H. Directors of the authority shall not receive any salary for the performance of their duties as directors. Appointed directors may be reimbursed for mileage expenses incurred for attendance at meetings of the authority. The mileage allowance shall be fixed by the authority in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration subject to the availability of funds.
I. The authority should meet at least quarterly and may meet more frequently upon call of the chairman.
J. The boundary and jurisdiction of the authority shall be statewide, coextensive with the boundaries of the state of Louisiana.
K. The authority created pursuant to this Chapter and all directors thereof shall be subject to the provisions of R.S. 42:1101 et seq.
L. The authority may perform, procure from the Department of Transportation and Development with the consent of its secretary, or procure from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the authority.
Acts 2001, No. 1209, §2; Acts 2006, No. 685, §1; Acts 2010, No. 59, §1; Acts 2015, No. 275, §1, eff. June 29, 2015.
The authority created pursuant to this Chapter shall be subject to and fully comply with the public records law, R.S. 44:1 et seq., and the open meetings law, R.S. 42:11 et seq., of the state. The proceedings and documents of the authority shall be public record. All reports, maps, or other technical documents produced in whole or in part by the authority may be utilized by the department or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2001, No. 1209, §2.
A. The authority may construct projects under the terms and conditions set forth in this Chapter, subject to the prior express written concurrence of the secretary. Said projects must be part of the approved transportation plan and program of the department, where applicable.
B. The authority shall conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.
Acts 2001, No. 1209, §2.
The authority may exercise powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including but not limited to the following rights and powers:
(1) The authority may adopt rules and regulations in accordance with the Administrative Procedure Act, subject to oversight by the House and Senate Transportation, Highways and Public Works Committees, necessary to carry out the purposes of the authority, for the governance of its affairs, and for the conduct of its business.
(2) To adopt, use, and alter at will an official seal.
(3) To plan, or construct, reconstruct, maintain, improve, operate, own, or lease projects within its jurisdiction in the manner determined by the authority and to pay any project costs in connection therewith.
(4) To sue and be sued in its own name.
(5) To impose, revise, and adjust from time to time tolls, fees, and charges in connection with its projects sufficient to pay all project costs, maintenance, operation, debt service and reserve or replacement costs, and other necessary or usual charges.
(6) To regulate speed limits on the tollways consistent with state speed limits.
(7) To contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the right-of-way adjoining the paved portion, for placing thereon telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges limited to no more than the authority's direct and actual cost of administering the permitting process.
(8) To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter in accordance with law.
(9) To acquire public or private lands in the name of the authority by purchase, donation, exchange, foreclosure, lease, or otherwise, including rights or easements, or by the exercise of the power of eminent domain in the manner hereinafter provided, as it may deem necessary for carrying out the provisions of this Chapter.
(10) To hold, sell, assign, lease, or otherwise dispose of any real or personal property or any interest therein; to release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it; to take assignments of leases and rentals; to proceed with foreclosure actions; or to take any other actions necessary or incidental to the performance of its corporate purposes.
(11) To establish control of access, designate the location, and establish, limit, and control points of ingress and egress for each project as may be necessary or desirable in the judgment of the authority to ensure its proper operation and maintenance, and to prohibit entrance to such project from any point or points not so designated, subject to the prior written concurrence of the department when the state highway system is affected.
(12) To relocate parish, municipal, or other public roads affected or severed by authority projects with equal or better facilities at the expense of the authority.
(13) To enter, or authorize its agents to enter, upon any lands, waters, and premises within the geographic boundaries of the authority for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or appropriate for the purposes of this Chapter provided that the authority shall reimburse any actual damages resulting to such lands, waters, and premises as a result of such activities; such entry shall not be deemed a trespass or unlawful.
(14) To procure insurance in such amount or amounts appropriate to the size of the project, as determined by the authority, insuring the authority against all losses, risk, and liability arising out of the construction, operation, maintenance, and ownership of any project.
(15) To apply for, receive, and accept grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for its corporate purposes.
(16) To open accounts at financial institutions necessary for the conduct of its business and to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the authority may determine, subject to compliance with state laws relative to investments by political subdivisions.
(17) To borrow money and issue bonds for any authority purpose. The bonds shall be authorized and issued by one or more resolutions adopted by a majority vote of the members of the authority and shall be payable solely from the income and revenues as set forth in the resolution authorizing the issuance of the bonds.
(18) To enter contracts and agreements and execute all instruments necessary or convenient thereto with any federal or state governmental agency, public or private corporation, lending institution, or other entity or person for accomplishing the purposes of the authority.
(19) To enter into agreements with a public or private entity to construct, maintain, repair, or operate authority projects.
(20) To authorize the investment of public and private money to finance authority projects, subject to compliance with state law relative to use of public funds.
(21) To employ consultants, engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents necessary for the accomplishment of authority purposes, and to fix their compensation.
(22) To exercise the power of eminent domain in accordance with Part XVIII of Chapter 1 of this Title.
(23) To receive, administer, and expend appropriations from the legislature and financial assistance, guarantees, insurance, or subsidies from the federal or state government.
(24) Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
(25) To do all acts and perform things necessary or convenient to execute the powers granted to the authority by law.
Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. June 29, 2005; Acts 2006, No. 685, §1; Acts 2015, No. 275, §2, eff. June 29, 2015.
A. The authority may, upon obtaining the approval of the department, undertake a state-designated project for a transportation improvement designated as a Priority "A" or "B" Megaproject in the 2015 Louisiana Statewide Transportation Plan prepared by the department as a project under this Chapter.
B. The department may, upon the request of the authority, in connection with any state-designated project, expend out of any funds available for the purpose such monies and make such use of its engineering and other staff as may be necessary and desirable, in the judgment of the department, for traffic surveys, borings, surveys, preparation of plans and specifications, estimates of cost, and other preliminary engineering and other studies.
C. The department shall serve as the agent for the authority for the purpose of constructing and completing improvements and extensions to a state-designated project. In such event, the authority shall provide the department with complete copies of all documents, agreements, resolutions, contracts, and instruments relating thereto; shall request the department to do such construction work, including the planning, surveying, and actual construction of the completion, extensions, and improvements thereto; and shall transfer to the credit of an account of the department in the state treasury the necessary funds therefor. The department shall thereupon proceed with such construction and use the funds for such purpose in the same manner as it is now authorized to use the funds otherwise provided by law for its use in the construction of roads and bridges.
D. Any portion of a project which would interconnect with or otherwise directly affect the operation of any portion of the state highway system or any state-designated project shall be subject to department approval.
E. Notwithstanding any other law to the contrary, the authority organized pursuant to the provisions of this Chapter shall have full power to carry out all of the powers and duties set forth in this Chapter, without the necessity of obtaining the approval or consent of the state, or any state agency, political subdivision, district, authority, or other public entity except as expressly provided for in this Chapter.
Acts 2001, No. 1209, §2; Acts 2009, No. 39, §1, eff. July 1, 2009; Acts 2016, No. 169, §1, eff. May 19, 2016.
A. For the purposes of this Chapter, the authority may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the authority may deem necessary for any authority purpose in the transportation corridor designated by the authority.
B. In the acquisition of land and property rights, the authority may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the authority will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.
C. The authority may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the authority that maximize the price received for such property.
D. When the authority acquires property for a project, it is not subject to any liability imposed by pre-existing conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The authority and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the authority.
Acts 2001, No. 1209, §2.
A.(1) The authority shall have the power to make reasonable regulations, not inconsistent with rules and regulations promulgated by the federal government and the department for the installation, construction, maintenance, repair, renewal, relocation, and removal of any public utility, railroad, or pipeline company,* in, on, along, over, or under a project.
(2) Whenever the authority shall determine that it is necessary to relocate, remove, or carry along or across an authority project by grade separation, any public utility facilities presently located in, on, along, over, or under an authority project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the authority; however, the cost and expense of such relocation, removal, or grade separation, including the cost of installing such facilities in a new location or locations, including the cost of any land, or any rights or interest in lands, and any other rights acquired to accomplish such relocation or removal, shall be paid as project costs by authority.
(3) In case of relocation or removal, the owners or operators of public utility facilities, their successors or assigns, may use and operate said public utility facilities in the new location or locations upon the same terms and conditions enjoyed prior to relocation or removal.
B. Any utility which requests and is permitted to occupy authority right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 2001, No. 1209, §2.
*As appears in enrolled bill.
A. Contracts of the authority for the construction, improvement, or maintenance of any authority project shall be made and awarded pursuant to Part XIII of Chapter 1 of this Title.
B. The authority may contract with either* the state police, a law enforcement district, or municipal law enforcement agency or may create and form an authority police force to perform law enforcement and patrol functions on any authority project.
Acts 2001, No. 1209, §2.
*As appears in enrolled bill.
A. Without reference to any provision of the Constitution of Louisiana and the laws of Louisiana, and as a grant of power in addition to any other general or special law, the authority created pursuant to this Chapter may issue bonds for any authority purpose and pledge revenues for the payment of the principal and interest of such bonds. The authority is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or other sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or any other money of the authority, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds. Any bonds issued pursuant to the provisions hereof shall constitute revenue bonds under Article VII, Section 6 of the Louisiana Constitution and such bonds shall be payable solely from revenues and bond proceeds, pending their disbursement, and investment income thereon.
B.(1) Without reference to any provision of the Constitution of Louisiana and the laws of Louisiana, and as a grant of power in addition to any other general or special law and in addition to the grant of power set forth in Subsection A, the authority created pursuant to this Chapter may issue bonds for the I-49 Project and pledge unclaimed property revenues for the payment of the principal and interest of such bonds and may further pledge monies deposited or to be deposited into the Unclaimed Property Leverage Fund, which pledge shall be subject to appropriation by the legislature. The authority is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or other sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or other money of the authority, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds. Any such bonds shall be payable solely from revenues and bond proceeds, pending their disbursement, and investment income thereon.
(2) The unclaimed property receipts received from the state treasurer each fiscal year shall be applied to pay or provide for the payment of debt service on unclaimed property bonds issued by the authority.
(3) The resolution or resolutions under which unclaimed property fund bonds are authorized to be issued may contain any or all of the following:
(a) Provisions respecting custody of the proceeds from the sale of the unclaimed property fund bonds, including any requirements that such proceeds be held separate from or not be commingled with other funds of the state.
(b) Provisions for the investment and reinvestment of unclaimed property fund bond proceeds until used to pay the costs of financing such unclaimed property bonds and for the disposition of any excess bond proceeds or investment earnings thereon.
(c) Provisions for the execution of reimbursement agreements or similar agreements in connection with credit facilities, including but not limited to letters of credit or policies of bond insurance, remarketing agreements and agreements, for the purpose of moderating interest rate fluctuations.
(d) Provisions for the collection, custody, investment, reinvestment, and use of the pledged revenues or other receipts, funds, or monies pledged therefor and deposited in the Unclaimed Property Leverage Fund.
(e) Provisions regarding the establishment and maintenance of reserves, sinking funds, and any other funds, and accounts as shall be approved by the authority in such amounts as may be established by the authority, and the regulation and disposition thereof, including requirements that any such funds and accounts be held separate from or not be commingled with other funds.
(f) Covenants for the establishment of pledged revenue coverage requirements for the unclaimed property fund bonds.
(g) Provisions for the issuance of additional unclaimed property fund bonds on a parity with unclaimed property fund bonds theretofore issued, including establishment of coverage requirements with respect thereto.
(h) Provisions or covenants of like or different character from the foregoing which are determined in such proceedings are necessary, convenient, or desirable in order to better secure the unclaimed property fund bonds, or will tend to make the unclaimed property fund bonds more marketable, and which are in the best interests of the authority.
C. Bonds issued under the provisions of this Chapter shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the state or any public entity to the authority arising out of contracts authorized under this Chapter.
D. Bonds shall be authorized by a resolution of the authority and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the authority, and be entitled to such priority on the revenues as such resolution or resolutions may provide.
E. Bonds shall be sold by the authority at public sale by competitive bid or negotiated private sale and at such price as the authority may determine to be in the best interest of the authority.
F. The issuance of bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of the state or any political subdivision, or of any agency, commission, or instrumentality thereof, except that the issuance of such bonds shall be subject to the approval of the State Bond Commission. The bonds shall be issued in compliance with the provisions of this Chapter.
G. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the authority authorizing the issuance of bonds hereunder, any person in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds or the security therefor within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof, and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed to be legal and shall be incontestable. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. The authority may designate any paper of general circulation in its geographical jurisdiction to publish the notice of intent or may utilize electronic media available to the general public. Any suit to determine the validity of bonds issued by the authority shall be brought only in accordance with the provisions of R.S. 13:5121 et seq.
H. All bonds issued pursuant to this Chapter shall have all the qualities of negotiable instruments under the commercial laws of the state.
I. Any pledge of revenues or other monies made by the authority shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether such parties have notice thereof.
J. Neither the members of the authority nor any person executing the bonds shall be liable personally for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
K. Bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from all taxation by the state or any political subdivision thereof, and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for said deposits to the extent of their value. When any bonds shall have been issued pursuant to Subsection A of this Section, neither the legislature, the authority, nor any other authority may discontinue or decrease the revenues pledged to the payment of the bonds authorized hereunder or permit to be discontinued or decreased said revenues in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the revenues which would diminish the amount of the revenues to be received by the authority, until all of such bonds shall have been retired as to principal and interest, and there is hereby vested in the holders from time to time of such bonds a contract right in the provisions of this Section.
L. The authority may provide by resolution for the issuance of refunding bonds pursuant to R.S. 39:1444 et seq.
M. The holders of any bonds issued hereunder shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the bonds, including but not by way of limitation, appointment of a trustee for the bondholders and any other available civil action to compel compliance with the terms and provisions of the bonds and the resolution or trust agreement.
N. Subject to the agreements with the holders of bonds, all proceeds of bonds and all revenues pledged under a resolution or trust agreement authorizing or securing such bonds shall be deposited and held in trust in a fund or funds separate and apart from all other funds of the state. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in such resolution or trust agreement.
O. The authority created hereunder is authorized to employ all professionals it deems necessary in the issuance of its bonds.
P. The authority created hereunder shall be deemed to be a public entity for purposes of Chapters 13, 13-A, 14, 14-A, 14-B, and 15-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, which statutes shall apply to bonds of the authority, provided that in the event of a conflict with the provisions of this Chapter, the provisions of this Chapter shall control.
Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. June 29, 2005.
When the bonds issued for any state-designated project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the state-designated project is in a condition which meets department standards for structural condition and geometric design and is in a condition of maintenance satisfactory to the department, said project and any property acquired for the project may be transferred by the authority in full ownership to the state of Louisiana. The department will assume jurisdiction and control of the project as a part of the state highway system, provided that the legislature authorizes an increase in mileage of the state highway system equal to the length of the authority project to be transferred. Any authority project transferred to and accepted by the department will be operated and maintained by the department as an integral part of the state highway system, and the department, in the discretion of its secretary, may continue to collect any toll or fee for the purpose of maintenance of the project.
Acts 2001, No. 1209, §2.
A. Any proposal to develop or operate a transportation facility as a public- private partnership project under this Chapter shall be approved by the authority. Prior to the authority approving a proposal to develop or operate a transportation facility as a public-private partnership, the authority shall submit such proposal to the House and Senate Committees on Transportation, Highways and Public Works. The chairman of each committee shall call a public hearing within thirty days of receiving the proposal from the authority for the purpose of receiving information and public comments on the proposal. Transportation facility proposals may be initiated by a private entity or by the authority.
B. A private entity may submit an unsolicited proposal to the authority to develop or operate a qualifying transportation facility; however, the private entity shall apply to the authority for approval. The authority shall advertise any unsolicited proposal submitted by a private entity for the purposes of receiving competitive proposals for the same proposed qualifying transportation facility. Competitors shall have ninety days from the date of advertisement to submit competitive proposals to the authority. The authority shall charge a reasonable fee to cover its costs to process, review, and evaluate an unsolicited proposal submitted by a private entity. An unsolicited proposal for a qualifying transportation facility submitted by a private entity shall include all the following:
(1) A topographic map with a scale of 1:2,000, or other appropriate scale, that delineates the location of the proposed transportation facility.
(2) A detailed description of the proposed qualifying transportation facility, including a conceptual design of the facility and all proposed interconnections with existing or planned transportation facilities.
(3) The proposed date for acquisition, construction, or improvement of the proposed transportation facility.
(4) A statement setting forth the private entity's planned method of acquisition of all property interests required for the proposed qualifying transportation facility, including the nature of the property interests to be acquired, and a description of any property the private entity expects to request the authority to acquire.
(5) The transportation plan of each affected local jurisdiction, including a statement of the status of the proposed qualifying transportation facility.
(6) A preliminary list of local, state, or federal agency permits or approvals expected to be required in order to develop or operate the proposed qualifying transportation facility and a projected schedule for obtaining such permits or approvals.
(7) A preliminary list of public utility facilities expected to be crossed or relocated by the proposed qualifying transportation facility and a statement of the plans of the private entity to accommodate or relocate such crossings.
(8) A statement detailing the private entity's plan to finance, develop, and operate the proposed qualifying transportation facility, including identification of dedicated revenue sources and proposed debt or equity investments by the private entity or applicable public entities.
(9) The names and addresses of the persons who may be contacted for further information concerning the request.
(10) Any additional material and information reasonably requested by the authority.
C. In the case of solicited proposals, the authority is authorized to request proposals from private entities to develop or operate a transportation facility. The authority may charge a reasonable fee to cover its costs to process, review, and evaluate solicited proposals received in response to such requests.
D.(1) The authority may approve the proposal of a private entity to develop or operate a qualifying transportation facility upon finding that the proposal serves a public purpose. The authority shall consider the following factors to determine if a private entity proposal serves a public purpose:
(a) There is a public need for a transportation facility or facilities of the type the private entity proposes to develop or operate as a transportation facility.
(b) The transportation facility or facilities and the proposed interconnections with existing transportation facilities, and the private entity's plans for operation of the qualifying transportation facility or facilities are reasonable and not incompatible with the state transportation plan and with the local governmental entity's comprehensive plan or plans.
(c) The estimated cost of the transportation facility or facilities is reasonable in relation to other similar facilities.
(d) The private entity's proposal will result in the timely development or more efficient operation of the transportation facility.
(2) In evaluating any request, the authority may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.
E. Approval by the authority shall be subject to the private entity's entering into a comprehensive agreement with the authority. Additionally, the authority shall establish a date to commence the acquisition of property for the construction of a new transportation facility or a date to commence construction of improvements to an established transportation facility. The authority, in its discretion, may grant extensions of such dates.
F. The authority shall take appropriate action to protect trade secrets and other confidential, privileged, and proprietary information received from a private entity, including but not limited to information exempt from disclosure under the federal Freedom of Information Act or the Public Records Law. The authority may enter into confidentiality agreements in connection with any private entity proposal, comprehensive agreement, service contract, lease, or agreement for a qualifying transportation facility.
Acts 2006, No. 304, §1.
In addition to any authority otherwise conferred by law, the authority may contract with a private entity for transportation services to be provided for a qualifying transportation facility in exchange for such service payment and other consideration as the authority may deem appropriate.
Acts 2006, No. 304, §1.
A. The authority shall adopt and make public guidelines sufficient to enable a private entity to comply with this Chapter. Such guidelines shall include criteria for projects under the purview of the authority including criteria for selecting among competitive proposals, time lines for selecting proposals, and guidelines for negotiating a comprehensive agreement. The authority shall also adopt guidelines for permitting accelerated selection, review, and documentation time lines for proposals involving a transportation facility deemed a priority by the authority and which is funded in whole or substantial part by a dedicated revenue source.
B. The authority may permit accelerated selection, review, and documentation time lines for proposals for a qualifying transportation facility which is deemed by the authority to have a high probability of success and a less complex financial plan requiring no substantial state funding.
Acts 2006, No. 304, §1.
A private entity requesting approval from or submitting a proposal to the authority shall furnish a copy of its request or proposal to each affected local jurisdiction and responsible public entity. Each affected local jurisdiction which is not a responsible public entity for the qualifying transportation facility shall within sixty days after receiving a copy of the request or proposal submit written comments regarding the proposed qualifying transportation facility to the authority indicating whether the facility is compatible with local comprehensive transportation plans.
Acts 2006, No. 304, §1.
A public entity may dedicate any property interest it has for public use as a qualified transportation facility if it finds that in so doing it will serve the public purpose of this Chapter. In connection with such dedication, the public entity may convey any property interest it has, subject to the conditions imposed by law, to the private entity for consideration as determined by the public entity. The consideration may include an agreement of the private entity to operate the qualifying transportation facility. The property interests that the public entity may convey to the private entity through a dedication may include licenses, franchises, easements, or any other right or interest the public entity deems appropriate.
Acts 2006, No. 304, §1.
A. The private entity shall be authorized to develop or operate the qualifying transportation facility, impose user fees, and enter into service contracts in connection with the use of the transportation facility. No tolls or user fees may be imposed by the private entity on any existing free road or system of roads, bridge, tunnel, or overpass unless such road or system of roads, bridge, tunnel, or overpass is improved or expanded.
B. The private entity may own, lease, or acquire any other right to use or operate the qualifying transportation facility.
C. Subject to applicable permit requirements, the private entity shall have the authority to cross any canal or navigable water body so long as the crossing does not unreasonably interfere with the navigation and use of the waterway.
D. In operating the qualifying transportation facility, the private entity may determine reasonable categories for assessment of user fees and with the consent of the authority, make and enforce reasonable rules with respect to similar transportation facilities, including rules relating to toll enforcement.
E. The qualifying transportation facility may be granted certain characteristics typically incident to public ownership, including but not limited to exemption from property taxes and ad valorem taxes and relief from zoning restrictions.
F. The private entity shall do all of the following:
(1) Develop or operate the qualifying transportation facility in a manner which meets engineering standards of the authority and any responsible public entity in accordance with the terms of the comprehensive agreement.
(2) Keep the qualifying transportation facility open for use by the public at all times after its initial opening upon payment of the applicable user fees, lease payments, or service payments. The qualifying transportation facility may be temporarily closed due to emergencies or, with the consent of the authority and responsible public entity, may be closed to protect the safety of the public or for reasonable construction or maintenance procedures.
(3) Maintain, or provide by contract for the maintenance of, the qualifying transportation facility.
(4) Cooperate with the authority and responsible public entity to establish any interconnection with the qualifying transportation facility requested by the authority or responsible public entity.
(5) Comply with the provisions of the comprehensive agreement and any lease or service contract.
Acts 2006, No. 304, §1.
A. Prior to developing or operating the qualifying transportation facility, the private entity shall enter into a comprehensive agreement with the authority and responsible public entity. The comprehensive agreement shall provide for:
(1) Delivery of performance and payment bonds or other forms of completion guarantee in connection with the construction of or improvements to the qualifying transportation facility, in the forms and in amounts satisfactory to the authority.
(2) Review and approval of plans and specifications for the qualifying transportation facility by the authority and responsible public entity if the plans and specifications conform to established standards of the authority and responsible public entity.
(3) Inspection of construction or improvements to the qualifying transportation facility by the authority and responsible public entity to ensure conformance with engineering standards acceptable to the authority and responsible public entity.
(4) Maintenance of a policy or policies of public liability insurance certificates, which shall be provided to the responsible public entity, or maintenance of self-insurance, each in form and amount satisfactory to the authority and responsible public entity and sufficient to ensure liability coverage to the public and employees of the facility and to enable the continued operation of the qualifying transportation facility.
(5) Monitoring of the maintenance practices of the private entity by the authority and responsible public entity. The private entity shall take actions as the authority and responsible public entity finds appropriate to ensure that the qualifying transportation facility is properly maintained.
(6) Reimbursement to be paid to the authority and responsible public entity for services provided by the responsible public entity.
(7) Filing appropriate financial statements on a periodic basis.
(8) Compensation for the private entity submitting or responding to the proposal in a form and an amount satisfactory to the authority and responsible public entity, which may include a reasonable development fee and reimbursement of development expenses in the event of a termination for convenience by the responsible public entity.
(9) The date of termination of the private entity's authority and duties under this Chapter and dedication to the appropriate public entity.
B. The comprehensive agreement shall provide for user fees, lease payments, service payments, or the availability or other performance-related payments as may be established from time to time by agreement of the parties. User fees shall be set at a level which accounts for any lease payments, service payments, or other compensation to the private entity as specified in the comprehensive agreement. A copy of any lease or service contract shall be filed with the authority and responsible public entity and a schedule of user fees shall be made available by the private entity to any member of the public upon request. In negotiating user fees under this Section, the parties shall establish fees which are the same for persons using the facility under like conditions and shall not materially discourage use of the qualifying transportation facility. The execution of the comprehensive agreement or any amendment thereto shall constitute conclusive evidence that the user fees, lease payments, and service payments provided for in the agreement comply with the requirements of this Chapter. User fees or lease payments established in the comprehensive agreement as a source of revenues may be in addition to or in lieu of service payments.
C. The authority and responsible public entity may agree to participate with the private entity from time to time in amounts received by any agency or instrumentality of the federal government.
D. The comprehensive agreement shall incorporate the duties of the private entity under this Chapter and may contain other terms and conditions that the authority and responsible public entity determine serve the public purpose of this Chapter. Without limitation, the comprehensive agreement may contain the following:
(1) Provisions under which the authority agrees to provide notice of default and cure rights for the benefit of the private entity and the parties providing financing for the qualifying transportation facility.
(2) Other lawful terms and conditions to which the private entity, the authority, and the responsible public entity mutually agree, including provisions regarding unavoidable delays.
(3) Provisions for the authority to retain liability for damages arising from personal injury or property damage to third parties occurring on an existing state-owned highway or transportation facility, or portions thereof.
E. Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties, shall be added to the comprehensive agreement by written amendment.
F. Prior to the negotiation of the comprehensive agreement, the authority may enter into a pre-development agreement with the private entity proposing to develop or operate the facility or facilities. The pre-development agreement shall express the commitment of the authority that if it approves the transportation initiative which is the subject of the proposal, the authority shall negotiate a comprehensive agreement to implement such initiative with the private entity. A pre-development agreement may permit the private entity to commence preliminary activities, including project planning and development, advance right-of-way acquisition, preliminary design, conducting transportation and revenue studies and ascertaining the availability of financing for the proposed facility or facilities, establish the process and timing of the negotiation of the comprehensive agreement, and contain any other provisions the parties deem appropriate.
G. If a private entity submits a proposal under this Chapter relating to any highway, road, bridge, tunnel or overpass, or combination of such facilities that is subject to approval by more than one responsible public entity, the authority shall determine the process for reviewing and negotiating the proposal. Each responsible public entity shall retain its right to approve the proposal for the transportation facility and the comprehensive agreement. The authority shall be responsible for the coordination of the timing and the approval process for the proposal and negotiation of the comprehensive agreement. The authority may choose to designate another responsible public entity to carry out its responsibility to coordinate and negotiate this process if the authority determines, in writing, that it is in the public interest to do so.
H. The comprehensive agreement may provide for compensation for addition or improvements to the qualifying transportation facility upon conclusion of any franchise or concession.
I. In the event that a franchise or concession is terminated for public convenience after completion of the qualifying transportation facility, provision shall be made for compensating lenders and investors for their debt, equity, and lost opportunity. In the event a franchise or concession is terminated for operator default after completion of the qualifying transportation facility, provision shall be made to provide step-in rights or to otherwise make whole any project lenders on or prior to such termination.
Acts 2006, No. 304, §1; Acts 2019, No. 358, §1, eff. June 11, 2019.
A. Any financing of a qualifying transportation facility may be in such amounts and upon such terms and conditions as may be determined by the parties in the comprehensive agreement. Additionally, the private entity and the authority may utilize any and all funding resources available, and may, to the fullest extent permitted by applicable law, issue debt, both taxable and tax exempt, equity, or other securities or obligations, enter into leases, borrow or accept grants, and secure any financing with a pledge of security interest in or lien on any or all of its property, including all of its property interests in the qualifying transportation facility.
B. The authority may take any action to obtain federal, state, or local assistance for a qualifying transportation facility which serves the public purpose of this Chapter and may enter into any contracts required to receive such assistance. Any funds received from an agency or instrumentality of the state or federal government shall be subject to appropriation by the legislature.
C. The authority may agree to participate with the private entity in the costs of a public-private partnership project from revenues received from any agency or instrumentality of the federal, state, or local government.
Acts 2006, No. 304, §1.
A. Upon occurrence and during the continuation of a material default, the authority may exercise any or all of the following remedies:
(1) The authority may elect to take over the transportation facility or facilities and in such case it shall succeed to all of the right, title, and interest in such transportation facility or facilities, subject to any liens on revenues previously granted by the private entity to any person providing financing therefor.
(2) The authority may terminate the comprehensive agreement and exercise any other rights and remedies which may be available to it in law or in equity.
(3) The authority may make or cause to be made any appropriate claims under the required performance and payment bonds.
B. In the event the authority elects to take over a qualifying transportation facility, the authority shall develop or operate the transportation facility, impose user fees for the use of such facility, and comply with any service contracts. Any revenues subject to a lien shall be collected for the benefit of and paid to secured parties, as their interests may appear, to the extent necessary to satisfy the private entity's obligations to secured parties, including the maintenance of reserves, and such liens shall be correspondingly reduced and, when paid off, released. Before any payments to or for the benefit of secured parties, the authority may use revenues to pay current operation and maintenance costs of the transportation facility or facilities, including compensation to the authority for its services in operating and maintaining the qualifying transportation facility. Remaining revenues after all payments for operation and maintenance of the transportation facility and payments for the benefit of secured parties have been made shall be paid to the private entity, subject to the negotiated maximum rate of return. The right to receive such payment, if any, shall be considered just compensation for the transportation facility or facilities. The full faith and credit of the authority or the state shall not be pledged to secure any financing of the private entity by the election to take over the qualifying transportation facility. Assumption of operation of the qualifying transportation facility shall not obligate the authority or the state to pay any obligation of the private entity from sources other than revenues.
Acts 2006, No. 304, §1.
A. At the request of the private entity, the authority may exercise any power it has under R.S. 48:2079 for the purpose of acquiring lands or estates or interests in such to the extent that the authority finds that such action serves the public purpose of this Chapter.
B. Except as provided in Subsection A of this Section, until a court of competent jurisdiction has entered a final declaratory judgment that a material default has occurred and is continuing to occur, the authority may not exercise its power under R.S. 48:2079 or 2084.8 against a qualifying transportation facility.
C. After the entry of a final order, the authority may exercise such power in lieu of or at any time after taking over the transportation facility to acquire the qualifying transportation facility. Nothing in this Chapter shall be construed to limit the authority's exercise of its power to expropriate a qualifying transportation facility after the entry of a final declaratory judgment order pursuant to Subsection B of this Section. The private entity, to the extent of its capital investment, may participate in the expropriation proceedings and shall have the same standing as a property owner.
Acts 2006, No. 304, §1.
Subject to the provisions of R.S. 48:2080, the private entity and each public service company, public utility, railroad, and cable television provider whose facilities are to be crossed or relocated shall cooperate fully in planning and arranging the manner of the crossing or relocation of the facility. The private entity shall pay all costs for crossing, constructing, moving, or relocating such facilities.
Acts 2006, No. 304, §1.
A. All law enforcement officers of the state and of each affected local jurisdiction shall have the same powers and jurisdiction within the limits of such qualifying transportation facility as in their respective areas of jurisdiction. All law enforcement officers shall have access to the qualifying transportation facility at any time for the purpose of exercising such powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the private entity to any greater degree than the police power extends to any other private buildings and improvements.
B. To the extent the transportation facility is a highway, road, bridge, tunnel, overpass, or similar transportation facility for motor vehicles, the traffic and motor vehicle laws of the state and, if applicable, any local jurisdiction shall be the same as those applying to conduct on similar transportation facilities in the state or such local jurisdiction. Punishment for offenses shall be as prescribed by law for conduct occurring on similar transportation facilities in the state or local jurisdiction.
Acts 2006, No. 304, §1.
The authority shall terminate the private entity's authority and duties under this Chapter on the date set forth in the comprehensive agreement. Upon termination, the authority and duties of the private entity under this Chapter shall cease, and the qualifying transportation facility shall be dedicated to the responsible public entity or, if the qualifying transportation facility is dedicated by an affected local jurisdiction, to such affected local jurisdiction for public use.
Acts 2006, No. 304, §1.
A. Louisiana procurement regulations promulgated pursuant to R.S. 39:1581 et. seq. and R.S. 48:2081 shall not apply to public-private partnership projects. The comprehensive agreement entered into by the parties may include provisions which are consistent with procurement through competitive sealed bidding or competitive negotiation. The authority shall not be required to select the proposal with the lowest price offer but may consider price as one factor in evaluating proposals. The authority may also consider other factors such as the proposed cost of the qualifying transportation facility, the general reputation, industry experience, and financial capacity of the private entity, the proposed design of the qualifying transportation facility, the eligibility of the facility for accelerated selection, review, and documentation time lines under the authority's guidelines, local citizen and government concerns, benefits to the public, the private entity's compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such a plan, the private entity's plans to employ local contractors and residents, the party submitting the original proposal for the qualifying transportation facility, and other factors deemed appropriate by the authority.
B. The authority shall proceed in procuring necessary elements of the project in accordance with its guidelines. The authority's guidelines shall be based on factors such as the probable scope, complexity, and priority of the project, the risk sharing, added value, debt, or equity investments by the private entity, and the increase in funding, dedicated revenue source, or other economic benefit otherwise unavailable. Prior to proceeding in procurement activities in accordance with its guidelines, the authority shall state the reasons for its determination in writing.
C. The authority shall comply with the provisions of R.S. 48:2078 if the public-private partnership project is a state-designated project prior to entering into the comprehensive agreement.
D. Once a comprehensive agreement has been entered into, and the process of bargaining of all phases or aspects of the comprehensive agreement is complete, the authority shall make available, upon request, procurement records in accordance with applicable public records laws.
E. Qualifying transportation facilities may be constructed utilizing design-build or other innovative project delivery methods.
Acts 2006, No. 304, §1.
Notwithstanding any provision of this Chapter, a private entity shall request approval from all responsible public entities and may enter into a pre-development agreement or comprehensive agreement with multiple responsible public entities. Each responsible public entity shall retain its right to approve a private entity proposal for a multimodal transportation facility and the terms of a pre-development agreement or comprehensive agreement to which it becomes a party. Responsible public entities may designate a lead responsible public entity for purposes of determining the process for reviewing the private entity's proposal and negotiating a comprehensive agreement and a pre-development agreement.
Acts 2006, No. 304, §1.
Nothing in this Chapter shall be construed to limit, restrict, or prevent the ability of any port authority, port, harbor and terminal district, or the offshore terminal authority, to construct, maintain, operate, expand, or create any facility within its jurisdiction or other areas within which such entity is authorized to act. If any property or facility of the authority or of any private entity authorized to act in accordance with the provisions of this Chapter is to be located within the jurisdiction of an existing port commission, port, harbor and terminal district, or the offshore terminal authority, the mutual written agreement of such entity shall be required before the authority approves the transportation facility.
Acts 2006, No. 304, §1.
Notwithstanding any law to the contrary or the requirements of this Chapter, the authority may accept unsolicited proposals for design build projects in excess of one hundred million dollars. If the authority receives an unsolicited proposal of the design build project, the authority shall notify the department and the department shall review the unsolicited proposal and notify interested bidders by public advertisement throughout the state for a period of thirty days. Interested parties shall submit a formal request of consideration within thirty days. Interested bidders shall be allowed no more than one hundred twenty days to submit an unsolicited proposal including schedule, design, and cost. All proposals for a design build project received pursuant to this Section shall comply with all applicable provisions of law regarding the design build method, and the review cost shall be nonrefundable should the project not move forward.
Acts 2022, No. 552, §1.
This Chapter shall be known and may be referred to as the "Lafayette Metropolitan Expressway Commission Act".
Acts 2003, No. 893, §1, eff. July 1, 2003.
A. The legislature hereby finds and declares that the development, construction, improvement, expansion, and maintenance of an efficient, safe, and well-maintained limited access highway system and related ingress and egress is essential to promote continued economic growth and to provide a high quality of life for the people of the Lafayette area.
B. Public revenue, including federal funds, has not kept pace with the area's growing transportation system needs. The legislature hereby finds and declares that it is a matter of public necessity to create the Lafayette Metropolitan Expressway Commission, to pursue alternative and innovative funding sources, including but not limited to tolls, to supplement public revenue sources, and to improve the Lafayette area's transportation system.
Acts 2003, No. 893, §1, eff. July 1, 2003.
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Act" means the Lafayette Metropolitan Expressway Commission Act.
(2) "Board" means the board of directors of the commission.
(3) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the commission to finance projects.
(4) "Commission" means the Lafayette Metropolitan Expressway Commission created by this Chapter.
(5) "Department" means the Department of Transportation and Development.
(6) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(7) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.
(8) "Project" means any capital project undertaken pursuant to this Chapter including the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, landscaping, or operation of a tollway.
(9) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and to construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.
(10) "Public utility facilities" means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances which are either publicly or privately owned.
(11) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within said term, including any and all interests in such property less than full title.
(12) "Revenue" means:
(a) Any income, revenue, toll, and receipt derived or to be derived from the construction and operation of projects by the commission or received by the commission from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(13) "Secretary" means the secretary of the Department of Transportation and Development.
(14) "State" means the state of Louisiana or any agency or instrumentality thereof.
(15) "Toll" means any fee or charge for the use of a tollway.
(16) "Tollway" means any limited access highway, bridge, or other transportation facility constructed or operated by the commission.
Acts 2003, No. 893, §1, eff. July 1, 2003.
A. The Lafayette Metropolitan Expressway Commission, hereafter referred to as the "commission", is hereby created possessing full corporate powers to promote, plan, finance, develop, construct, control, regulate, operate, and maintain any limited access tollway or transitway to be constructed within its jurisdiction.
B. The domicile of the commission shall be Lafayette Parish.
C. The board shall be composed of eleven directors who shall be the governing body of the commission with full power to promulgate rules and regulations for the maintenance and operation of said authority as follows:
(1) Two members appointed by the Lafayette Economic Development Authority.
(2) Two members appointed by the Greater Lafayette Chamber of Commerce.
(3) Two members appointed by the University of Louisiana-Lafayette.
(4) One member appointed by the city/parish president of the Lafayette consolidated government.
(5) Two members appointed by the secretary of the Louisiana Department of Transportation and Development, one of whom shall be the District-03 engineer.
(6) One member appointed by the chief executive officer of the incorporated areas of the parish other than the city of Lafayette.
(7) One member appointed by the governing authority of the Lafayette consolidated government.
D. The directors shall take and subscribe to the oath of office required of public officials. Appointed directors shall serve until their successors are appointed and sworn into office. Directors may be removed from office for cause by a district court having jurisdiction.
E. A majority of the directors shall constitute a quorum for the transaction of official business. All official actions of the commission shall require an affirmative vote of the directors present and voting at any meeting.
F. Directors of the commission shall not receive any salary for the performance of their duties as directors. Appointed directors may be reimbursed for mileage expenses incurred for attendance at meetings of the commission. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration subject to the availability of funds.
G. The commission should meet at least quarterly and may meet more frequently upon call of the chairman.
H. The boundary and jurisdiction of the commission shall be coextensive with the boundaries of Lafayette Parish, Louisiana.
I. The commission created pursuant to this Chapter and all directors thereof shall be subject to the provisions of R.S. 42:1101 et seq.
J. The commission may perform, procure from the Department of Transportation and Development with the consent of its secretary, or procure from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the commission.
Acts 2003, No. 893, §1, eff. July 1, 2003.
The commission created pursuant to this Chapter shall be subject to and fully comply with the public records law, R.S. 44:1 et seq., and the open meetings law, R.S. 42:11 et seq., of the state. The proceedings and documents of the commission shall be public record. All reports, maps, or other technical documents produced in whole or in part by the commission may be utilized by the commission or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2003, No. 893, §1, eff. July 1, 2003.
A. The commission may construct projects under the terms and conditions set forth in this Chapter. The commission shall conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.
B. The Lafayette Consolidated Government's Metropolitan Planning Organization, and all subcommittees thereof, shall serve in an advisory capacity to the commission relative to any project or projects contemplated by or to be undertaken by the commission.
Acts 2003, No. 893, §1, eff. July 1, 2003.
The commission may exercise powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including but not limited to the following rights and powers:
(1) To adopt rules and regulations necessary to carry out the purposes of the commission, for the governance of its affairs, and for the conduct of its business.
(2) To adopt, use, and alter at will an official seal.
(3) To plan, or construct, reconstruct, maintain, improve, operate, own, or lease projects within its jurisdiction in the manner determined by the commission and to pay any project costs in connection therewith.
(4) To sue and be sued in its own name.
(5) To impose, revise, and adjust from time to time tolls, fees, and charges in connection with its projects sufficient to pay all project costs, maintenance, operation, debt service and reserve or replacement costs, and other necessary or usual charges.
(6) To regulate speed limits on the tollways consistent with state speed limits.
(7) To contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the right-of-way adjoining the paved portion, for placing thereon telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges limited to no more than the commission's direct and actual cost of administering the permitting process.
(8) To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter in accordance with law.
(9) To acquire public or private lands in the name of the commission by purchase, donation, exchange, foreclosure, lease, or otherwise, including rights or easements, or by the exercise of the power of eminent domain in the manner hereinafter provided, as it may deem necessary for carrying out the provisions of this Chapter.
(10) To hold, sell, assign, lease, or otherwise dispose of any real or personal property or any interest therein; to release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it; to take assignments of leases and rentals; to proceed with foreclosure actions; or to take any other actions necessary or incidental to the performance of its corporate purposes.
(11) To establish control of access, designate the location, and establish, limit, and control points of ingress and egress for each project as may be necessary or desirable in the judgment of the commission to ensure its proper operation and maintenance, and to prohibit entrance to such project from any point or points not so designated, subject to the prior written concurrence of the department when the state highway system is affected.
(12) To relocate parish, municipal, or other public roads affected or severed by commission projects with equal or better facilities at the expense of the commission.
(13) To enter, or authorize its agents to enter, upon any lands, waters, and premises within the geographic boundaries of the commission for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or appropriate for the purposes of this Chapter provided that the commission shall reimburse any actual damages resulting to such lands, waters, and premises as a result of such activities; such entry shall not be deemed a trespass or unlawful.
(14) To procure insurance in such amount or amounts appropriate to the size of the project, as determined by the commission, insuring the commission against all losses, risk, and liability arising out of the construction, operation, maintenance, and ownership of any project.
(15) To apply for, receive, and accept grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for its corporate purposes.
(16) To open accounts at financial institutions necessary for the conduct of its business and to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the commission may determine, subject to compliance with state laws relative to investments by political subdivisions.
(17) To borrow money and issue bonds for any commission purpose.
(18) To enter contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of the commission.
(19) To enter into agreements with a public or private entity to construct, maintain, repair, or operate commission projects.
(20) To authorize the investment of public and private money to finance commission projects, subject to compliance with state law relative to use of public funds.
(21) To employ consultants, engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents necessary for the accomplishment of commission purposes, and to fix their compensation.
(22) To exercise the power of eminent domain in accordance with Part XVIII of Chapter 1 of this Title.
(23) To do all acts and perform things necessary or convenient to execute the powers granted to the commission by law.
Acts 2003, No. 893, §1, eff. July 1, 2003.
A. For the purposes of this Chapter, the commission may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the commission may deem necessary for any commission purpose in the transportation corridor designated by the commission.
B. In the acquisition of land and property rights, the commission may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the commission will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.
C. The commission may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the commission that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the commission by eminent domain proceedings, the commission first shall offer to sell whatever rights it acquired back to the original owner or his successors in title, at the fair market value or at the original price paid, whichever is less.
D. When the commission acquires property for a project, it is not subject to any liability imposed by preexisting conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The commission and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the commission.
Acts 2003, No. 893, §1, eff. July 1, 2003.
A.(1) The commission shall have the power to make reasonable regulations, not inconsistent with rules and regulations promulgated by the federal government and the department for the installation, construction, maintenance, repair, renewal, relocation, and removal of any public utility, railroad, or pipeline company, in, on, along, over, or under a project.
(2) Whenever the commission shall determine that it is necessary to relocate, remove, or carry along or across a commission project by grade separation, any public utility facilities presently located in, on, along, over, or under a commission project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the commission; however, the cost and expense of such relocation, removal, or grade separation, including the cost of installing such facilities in a new location or locations, including the cost of any land, or any rights or interest in lands, and any other rights acquired to accomplish such relocation or removal, shall be paid as project costs by the commission.
(3) In case of relocation or removal, the owners or operators of public utility facilities, their successors or assigns, may use and operate said public utility facilities in the new location or locations upon the same terms and conditions enjoyed prior to relocation or removal.
B. Any utility which requests and is permitted to occupy commission right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 2003, No. 893, §1, eff. July 1, 2003.
A. Contracts of the commission for the construction, improvement, or maintenance of any commission project shall be made and awarded pursuant to applicable provisions of state law.
B. The commission may contract with either the state police, a law enforcement district, or municipal law enforcement agency to perform law enforcement and patrol functions on any commission project.
Acts 2003, No. 893, §1, eff. July 1, 2003.
A. Without reference to any provision of the Constitution of Louisiana and the laws of Louisiana, and as a grant of power in addition to any other general or special law, the commission created pursuant to this Chapter may issue bonds for any commission purpose and pledge revenues for the payment of the principal and interest of such bonds. The commission is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or other sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or any other money of the commission, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds. Any such bonds shall be payable solely from revenues and bond proceeds, pending their disbursement, and investment income thereon.
B. Bonds issued under the provisions of this Chapter shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the state or any public entity to the commission arising out of contracts authorized under this Chapter.
C. Bonds shall be authorized by a resolution of the commission and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the commission, and be entitled to such priority on the revenues as such resolution or resolutions may provide.
D. Bonds shall be sold by the commission at public sale by competitive bid or negotiated private sale and at such price as the commission may determine to be in the best interest of the authority.
E. The issuance of bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of the state or any political subdivision, or of any agency, commission, or instrumentality thereof, except that the issuance of such bonds shall be subject to the approval of the State Bond Commission. The bonds shall be issued in compliance with the provisions of this Chapter.
F. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the commission authorizing the issuance of bonds hereunder, any person in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds or the security therefor within the thirty days herein prescribed, the authority to issue bonds and provide for the payment thereof, the legality thereof and of all of the provisions of the resolution or other proceedings authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. The commission may designate any paper of general circulation in its geographical jurisdiction to publish the notice of intent or may utilize electronic media available to the general public. Any suit to determine the validity of bonds issued by the commission shall be brought only in accordance with the provisions of R.S. 13:5121 et seq.
G. All bonds issued pursuant to this Chapter shall have all the qualities of negotiable instruments under the commercial laws of the state.
H. Any pledge of revenues or other monies made by the commission shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the commission shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission irrespective of whether such parties have notice thereof.
I. Neither the members of the commission nor any person executing the bonds shall be liable personally for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
J. Bonds of the commission, their transfer, and the income therefrom shall at all times be exempt from all taxation by the state or any political subdivision thereof and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for said deposits to the extent of their value. When any bonds shall have been issued hereunder, neither the legislature, the commission, nor any other commission may discontinue or decrease the revenues pledged to the payment of the bonds authorized hereunder or permit to be discontinued or decreased said revenues in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the revenues which would diminish the amount of the revenues to be received by the commission, until all of such bonds shall have been retired as to principal and interest, and there is hereby vested in the holders from time to time of such bonds a contract right in the provisions of this Section.
K. The commission may provide by resolution for the issuance of refunding bonds pursuant to R.S. 39:1444 et seq.
L. The holders of any bonds issued hereunder shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the bonds, including but not by way of limitation, appointment of a trustee for the bondholders and any other available civil action to compel compliance with the terms and provisions of the bonds and the resolution or trust agreement.
M. Subject to the agreements with the holders of bonds, all proceeds of bonds and all revenues pledged under a resolution or trust agreement authorizing or securing such bonds shall be deposited and held in trust in a fund or funds separate and apart from all other funds of the commission. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in such resolution or trust agreement.
N. The commission created hereunder is authorized to employ all professionals it deems necessary in the issuance of its bonds.
O. The commission created hereunder shall be deemed to be a public entity for purposes of Chapters 13, 13-A, 14, 14-A, 14-B, and 15-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, which statutes shall apply to bonds of the commission, provided that in the event of a conflict with the provisions of this Chapter, the provisions of this Chapter shall control.
Acts 2003, No. 893, §1, eff. July 1, 2003.
When the bonds issued for any project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the project is in a condition which meets department standards for structural condition and geometric design and is in a condition of maintenance satisfactory to the department, said project and any property acquired for the project may be transferred by the commission in full ownership to the state of Louisiana. The department will assume jurisdiction and control of the project as a part of the state highway system, provided that the legislature authorizes an increase in mileage of the state highway system equal to the length of the commission project to be transferred. Any commission project transferred to and accepted by the department will be operated and maintained by the department as an integral part of the state highway system, and the department, in the discretion of its secretary, may continue to collect any toll or fee for the purpose of maintenance of the project.
Acts 2003, No. 893, §1, eff. July 1, 2003.
A. The board of directors for each expressway commission with boundaries and jurisdiction which are coterminous with Lafayette Parish, shall include one director from Iberia Parish and one director from Vermilion Parish.
B. Each director shall take and subscribe to the oath of office required for public officials. Each director shall be a voting member of the board and shall be considered in determining a quorum. Directors shall serve until their successors are appointed and sworn into office. Directors may be removed from office for cause by a district court having jurisdiction.
C. Directors shall not receive any salary for the performance of their duties as directors, but may be reimbursed for mileage expenses incurred for attendance at meetings of the commission. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration subject to the availability of funds.
D. The directors shall be subject to the provisions of the Code of Governmental Ethics.
Acts 2008, No. 569, §1; Acts 2011, 1st Ex. Sess., No. 11, §1.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
Repealed by Acts 2015, No. 275, §2, eff. June 29, 2015.
This Chapter shall be known and may be referred to as the "Ouachita Expressway Authority Act".
Acts 2007, No. 329, §1.
A. The legislature hereby finds and declares that the development, construction, improvement, expansion, and maintenance of an efficient, safe, and well-maintained limited access highway system and related ingress and egress is essential to promote continued economic growth and to provide a high quality of life for the people of the Ouachita Parish area.
B. Public revenue, including federal funds, has not kept pace with the area's growing transportation system needs. The legislature hereby finds and declares that it is a matter of public necessity to create the Ouachita Expressway Authority, to pursue alternative and innovative funding sources, including but not limited to tolls, to supplement public revenue sources, and to build a fourth bridge over the Ouachita River.
Acts 2007, No. 329, §1.
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Act" means the Ouachita Expressway Authority Act.
(2) "Authority" means the Ouachita Expressway Authority created by this Chapter.
(3) "Board" means the board of commissioners of the authority.
(4) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the authority to finance projects.
(5) "Department" means the Department of Transportation and Development.
(6) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(7) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.
(8) "Project" means a capital project undertaken pursuant to this Chapter for the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, landscaping, or operation of a tollway or a bridge or both. Such a bridge shall cross the Ouachita River as provided in Segment K of the Ouachita Loop Major Investment Study, as approved by the Ouachita Council of Governments at its regular meeting on August 28, 2000, including an alignment on the west side which shall run southwesterly to its intersection with LA 143, just north of Tupawek Bayou.
(9) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.
(10) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within such term, including any and all interests in such property less than full title.
(11) "Revenue" means:
(a) Any income, revenue, toll, and receipt derived or to be derived from the construction and operation of projects by the authority or received by the authority from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(12) "Secretary" means the secretary of the Department of Transportation and Development.
(13) "State" means the state of Louisiana or any agency or instrumentality thereof.
(14) "Toll" means any fee or charge for the use of a tollway.
(15) "Tollway" means any limited access highway, bridge, or other transportation facility constructed or operated by the authority.
Acts 2007, No. 329, §1.
A. The Ouachita Expressway Authority, hereafter referred to as the "authority", is hereby created possessing full corporate powers to promote, plan, finance, develop, construct, control, regulate, operate, and maintain any limited access tollway or transitway to be constructed within its jurisdiction. This expressway shall not connect in any manner with Forsythe Avenue in the city of Monroe.
B. The domicile of the authority shall be Ouachita Parish.
C. The governing body of the authority shall be a board of commissioners which is hereby created. The board shall have full power to promulgate rules and regulations for the maintenance and operation of the authority. The Ouachita Expressway Authority membership shall be representative as near as practicable by race and gender of the Ouachita parish population as of the most recent federal decennial census. The board shall be composed of fifteen commissioners as follows:
(1) Two members appointed by the Ouachita Parish Police Jury.
(2) One member appointed by the Monroe Chamber of Commerce.
(3) One member appointed by the West Monroe/West Ouachita Chamber of Commerce.
(4) One member appointed by president of the University of Louisiana at Monroe.
(5) Two members appointed by the secretary of the Louisiana Department of Transportation and Development.
(6) One member appointed by the United States representative from the fifth congressional district.
(7) One member appointed by the Ouachita Council of Governments.
(8) The state representative from House District No. Sixteen or his designee.
(9) The state senator from Senate District No. Thirty-Three or his designee.
(10) The state representative from House District No. Seventeen or his designee.
(11) The state senator from Senate District No. Thirty-Four or his designee.
(12) The state representative from House District No. Fifteen or his designee.
(13) The state senator from Senate District No. Thirty-Five or his designee.
D. The members of the board shall take and subscribe to the oath of office required of public officials. Appointed commissioners shall serve two-year terms and shall serve until their successors are appointed and sworn into office. Commissioners may be removed from office by their appointing authority.
E. A majority of the members of the board of commissioners shall constitute a quorum for the transaction of official business. All official actions of the board shall require an affirmative vote of a majority of the commissioners present and voting at any meeting.
F. Members of the board shall not receive any salary for the performance of their duties as commissioners. Appointed commissioners may be reimbursed for mileage expenses incurred for attendance at meetings of the board if traveling from outside of Ouachita Parish. The mileage allowance shall be fixed by the board in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration subject to the availability of funds.
G. The board shall meet at least quarterly and may meet more frequently upon call of the chairman or as provided by a vote of the majority of the members of the board.
H. The boundary and jurisdiction of the authority shall be coextensive with the boundaries of Ouachita Parish, Louisiana.
I. The board and all members thereof shall be subject to the provisions of R.S. 42:1101 et seq.
J. The board may perform, procure from the Department of Transportation and Development with the consent of its secretary, or procure from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the board or the authority.
Acts 2007, No. 329, §1.
The board created by this Chapter shall be subject to and fully comply with the public records law, R.S. 44:1 et seq., and the open meetings law, R.S. 42:11 et seq., of the state. The proceedings and documents of the board shall be public record. All reports, maps, or other technical documents produced in whole or in part by the board may be utilized by the board or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2007, No. 329, §1.
A. The authority, through the board, may construct projects under the terms and conditions set forth in this Chapter. The board may conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.
B. The Ouachita Council of Governments, and all subcommittees thereof, shall serve in an advisory capacity to the board relative to any project or projects contemplated by or to be undertaken by the authority.
Acts 2007, No. 329, §1.
The board may exercise powers necessary, appurtenant, convenient, or incidental to the carrying out of the purposes of the authority, including but not limited to the following rights and powers:
(1) To adopt rules and regulations necessary to carry out the purposes of the authority, for the governance of its affairs, and for the conduct of the business of the board and the authority.
(2) To adopt, use, and alter at will an official seal.
(3) To plan, or construct, reconstruct, maintain, improve, operate, own, or lease projects within its jurisdiction in the manner determined by the board and to pay any project costs in connection therewith.
(4) To sue and be sued in its own name.
(5) To impose, revise, and adjust from time to time tolls, fees, and charges in connection with projects of the authority sufficient to pay all project costs, maintenance, operation, debt service and reserve or replacement costs, and other necessary or usual charges.
(6) To regulate speed limits on the tollways consistent with state speed limits.
(7) To contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the right-of-way adjoining the paved portion, for placing thereon telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges limited to no more than the board's direct and actual cost of administering the permitting process.
(8) To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter in accordance with law.
(9) To acquire public or private lands in the name of the authority by purchase, donation, exchange, foreclosure, lease, or otherwise, including rights or easements, or by the exercise of the power of eminent domain in the manner hereinafter provided, as it may deem necessary for carrying out the provisions of this Chapter.
(10) To hold, sell, assign, lease, or otherwise dispose of any real or personal property or any interest therein; to release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it; to take assignments of leases and rentals; to proceed with foreclosure actions; or to take any other actions necessary or incidental to the performance of its corporate purposes.
(11) To establish control of access, designate the location, and establish, limit, and control points of ingress and egress for each project as may be necessary or desirable in the judgment of the board to ensure its proper operation and maintenance, and to prohibit entrance to such project from any point or points not so designated, subject to the prior written concurrence of the department when the state highway system is affected.
(12) To relocate parish, municipal, or other public roads affected or severed by authority projects with equal or better facilities at the expense of the authority.
(13) To enter, or authorize its agents to enter, upon any lands, waters, and premises within the geographic boundaries of the authority for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or appropriate for the purposes of this Chapter provided that the authority shall reimburse any actual damages resulting to such lands, waters, and premises as a result of such activities; such entry shall not be deemed a trespass or unlawful.
(14) To procure insurance in such amount or amounts appropriate to the size of the project, as determined by the board, insuring the authority against all losses, risk, and liability arising out of the construction, operation, maintenance, and ownership of any project.
(15) To apply for, receive, and accept grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for purposes of the authority.
(16) To open accounts at financial institutions necessary for the conduct of authority business and to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the board may determine, subject to compliance with state laws relative to investments by political subdivisions.
(17) To borrow money and issue bonds for any authority purpose.
(18) To enter contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of the authority.
(19) To enter into agreements with a public or private entity to construct, maintain, repair, or operate authority projects.
(20) To authorize the investment of public and private money to finance authority projects, subject to compliance with state law relative to use of public funds.
(21) To employ consultants, engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents necessary for the accomplishment of authority purposes, and to fix their compensation. The authority shall not be deemed to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.
(22) To exercise the power of eminent domain in accordance with Part XVIII of Chapter 1 of this Title.
(23) To do all acts and perform things necessary or convenient to execute the powers granted to the authority by law.
(24) To impose taxes, subject to the approval of a majority of the voters in jurisdiction of the authority, in connection with projects of the authority sufficient to pay all project costs, maintenance, operation, debt service, reserve or replacement costs, and other necessary or usual charges.
Acts 2007, No. 329, §1.
A. For the purposes of this Chapter, the authority may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the board may deem necessary for any authority purpose in the transportation corridor designated by the board.
B. In the acquisition of land and property rights, the authority may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the authority will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.
C. The authority may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the board that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the authority by eminent domain proceedings, the authority first shall offer to sell whatever rights it acquired back to the original owner or his successors in title, at the fair market value or at the original price paid, whichever is less.
D. When the authority acquires property for a project, it is not subject to any liability imposed by preexisting conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The board, on behalf of the authority, and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the authority.
Acts 2007, No. 329, §1.
A. Contracts of the board on behalf of the authority for the construction, improvement, or maintenance of any authority project shall be made and awarded pursuant to applicable provisions of state law.
B. The board, on behalf of the authority, may contract with either the state police, a law enforcement district, or municipal law enforcement agency to perform law enforcement and patrol functions on any authority project.
Acts 2007, No. 329, §1.
A. Without reference to any provision of the Constitution of Louisiana and the laws of Louisiana, and as a grant of power in addition to any other general or special law, the authority created pursuant to this Chapter may issue bonds for any authority purpose and pledge revenues for the payment of the principal and interest of such bonds. The board is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or other sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or any other money of the authority, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds. Any such bonds shall be payable solely from revenues and bond proceeds, pending their disbursement, and investment income thereon.
B. Bonds issued under the provisions of this Chapter shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the state or any public entity to the authority arising out of contracts authorized under this Chapter.
C. Bonds shall be authorized by a resolution of the board and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the board, and be entitled to such priority on the revenues as such resolution or resolutions may provide.
D. Bonds shall be sold by the authority at public sale by competitive bid or negotiated private sale and at such price as the board may determine to be in the best interest of the authority.
E. The issuance of bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of the state or any political subdivision, or of any agency, commission, or instrumentality thereof, except that the issuance of such bonds shall be subject to the approval of the State Bond Commission. The bonds shall be issued in compliance with the provisions of this Chapter.
F. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the authority authorizing the issuance of bonds hereunder, any person in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds or the security therefor within the thirty days herein prescribed, the authority to issue bonds and provide for the payment thereof, the legality thereof and of all of the provisions of the resolution, or other proceedings authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. The board may designate any paper of general circulation in its geographical jurisdiction to publish the notice of intent or may utilize electronic media available to the general public. Any suit to determine the validity of bonds issued by the authority shall be brought only in accordance with the provisions of R.S. 13:5121 et seq.
G. All bonds issued pursuant to this Chapter shall have all the qualities of negotiable instruments under the commercial laws of the state.
H. Any pledge of revenues or other monies made by the board on behalf of the authority shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether such parties have notice thereof.
I. Neither the members of the board nor any person executing the bonds shall be liable personally for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
J. Bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from all taxation by the state or any political subdivision thereof and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for such deposits to the extent of their value. When any bonds shall have been issued hereunder, neither the legislature, the board, nor any other commission may discontinue or decrease the revenues pledged to the payment of the bonds authorized hereunder or permit to be discontinued or decreased such revenues in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the revenues which would diminish the amount of the revenues to be received by the authority, until all of such bonds shall have been retired as to principal and interest, and there is hereby vested in the holders from time to time of such bonds a contract right in the provisions of this Section.
K. The board may provide by resolution for the issuance of refunding bonds pursuant to R.S. 39:1444 et seq.
L. The holders of any bonds issued hereunder shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the bonds, including but not limited to appointment of a trustee for the bondholders and any other available civil action to compel compliance with the terms and provisions of the bonds and the resolution or trust agreement.
M. Subject to the agreements with the holders of bonds, all proceeds of bonds and all revenues pledged under a resolution or trust agreement authorizing or securing such bonds shall be deposited and held in trust in a fund or funds separate and apart from all other funds of the authority. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in such resolution or trust agreement.
N. The board, on behalf of the authority, is authorized to employ all professionals it deems necessary in the issuance of its bonds.
O. The authority shall be deemed to be a public entity for purposes of Chapters 13, 13-A, 14, 14-A, 14-B, and 15-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, which statutes shall apply to bonds of the authority, provided that in the event of a conflict with the provisions of this Chapter, the provisions of this Chapter shall control.
Acts 2007, No. 329, §1.
When the bonds issued for any project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the project is in a condition which meets department standards for structural condition and geometric design and is in a condition of maintenance satisfactory to the department, such project and any property acquired for the project may be transferred by the board, on behalf of the authority, in full ownership to the state of Louisiana. The department will assume jurisdiction and control of the project as a part of the state highway system, provided that the legislature authorizes an increase in mileage of the state highway system equal to the length of the authority project to be transferred. Any authority project transferred to and accepted by the department will be operated and maintained by the department as an integral part of the state highway system, and the department, in the discretion of its secretary, may continue to collect any toll or fee for the purpose of maintenance of the project.
Acts 2007, No. 329, §1.
This Chapter shall be known and may be referred to as the "Central Louisiana Regional Infrastructure Beltway Commission".
Acts 2009, No. 518, §1, eff. July 10, 2009.
The Central Louisiana Regional Infrastructure Beltway Commission, hereinafter referred to as the "commission", is hereby created in the parishes of Rapides and Grant. The commission shall be created for the purpose of establishing and constructing a transportation and utility corridor for the growth of residential, commercial, and industrial developments serving the urban and rural areas of Rapides and south Grant parishes.
Acts 2009, No. 518, §1, eff. July 10, 2009.
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Board" means the board of directors of the commission.
(2) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the commission to finance projects.
(3) "Commission" means the Central Louisiana Regional Infrastructure Beltway Commission.
(4) "Department" means the Department of Transportation and Development.
(5) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(6) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.
(7) "Project" means any capital project undertaken pursuant to this Chapter including the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, landscaping, or operation of a tollway.
(8) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and to construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.
(9) "Public utility facilities" means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances which are either publicly or privately owned.
(10) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within said term, including any and all interests in such property less than full title.
(11) "Revenue" means:
(a) Any income, revenue, toll, and receipt derived or to be derived from the construction and operation of projects by the commission or received by the commission from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(12) "Secretary" means the secretary of the Department of Transportation and Development.
(13) "State" means the state of Louisiana or any agency or instrumentality thereof.
(14) "Toll" means any fee or charge for the use of a tollway.
(15) "Tollway" means any limited access highway, bridge, or other transportation facility constructed or operated by the commission.
Acts 2009, No. 518, §1, eff. June 10, 2009.
A. The Central Louisiana Regional Infrastructure Beltway Commission, hereafter referred to as the "commission", is hereby created possessing full corporate powers to promote, plan, finance, develop, construct, control, regulate, operate, and maintain a transportation and utility corridor for the growth of residential, commercial, and industrial developments serving the urban and rural areas of Rapides and south Grant parishes within its jurisdiction.
B. The domicile of the commission shall be Rapides Parish.
C.(1) The board shall be composed of fifteen directors who shall be the governing body of the commission, with full power to promulgate rules and regulations for the maintenance and operation of the commission as follows:
(a) The mayor from each of the following municipalities: Alexandria, Pineville, Woodworth, Ball, and Boyce, or their designee.
(b) The chancellor of Louisiana State University at Alexandria or his designee.
(c) The chancellor of Louisiana College or his designee.
(d) The executive director of the England Authority or his designee.
(e) The president of the city council of Alexandria or his designee.
(f) The president of the Rapides Parish Police Jury or his designee.
(g) The highway district engineer administrator of Highway District Number 8 of the Louisiana Department of Transportation and Development or his designee.
(h) One member appointed by the Central Louisiana Chamber of Commerce.
(i) The president of the Grant Parish Police Jury or his designee.
(j) The president of the Avoyelles Parish Police Jury or his designee.
(k) The executive director of the Central Louisiana Regional Port or his designee.
(2) The directors shall elect the chairman and vice chairman from among themselves and shall elect any other officers they deem necessary.
D. The directors shall take and subscribe to the oath of office required of public officials. Appointed directors shall serve until their successors are appointed and sworn into office. Directors may be removed from office for cause by a district court having jurisdiction.
E. A majority of the directors shall constitute a quorum for the transaction of official business. All official actions of the commission shall require an affirmative vote of the directors present and voting at any meeting.
F. Directors of the commission shall not receive any salary for the performance of their duties as directors. Appointed directors may be reimbursed for mileage expenses incurred for attendance at meetings of the commission, subject to the availability of funds. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration.
G. The commission shall meet at least quarterly and may meet more frequently upon call of the chairman.
H. The boundary and jurisdiction of the commission shall be coextensive with the boundaries of Grant and Rapides Parishes.
I. The commission created pursuant to this Chapter and all directors thereof shall be subject to the provisions of R.S. 42:1101 et seq.
J. The commission may perform, procure from the Department of Transportation and Development with the consent of its secretary, or procure from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the commission.
Acts 2009, No. 518, §1, eff. July 10, 2009; Acts 2016, No. 287, §1.
The commission created pursuant to this Chapter shall be subject to and fully comply with the Public Records Law, R.S. 44:1 et seq., and the Open Meetings Law, R.S. 42:11 et seq., of the state. All reports, maps, or other technical documents produced in whole or in part by the commission may be utilized by the commission or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2009, No. 518, §1, eff. July 10, 2009.
A. The commission may construct projects under the terms and conditions set forth in this Chapter. The commission shall conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.
B. The Rapides Area Planning Commission, and all subcommittees thereof, shall serve in an advisory capacity to the commission, relative to any project or projects contemplated by or to be undertaken by the commission.
Acts 2009, No. 518, §1, eff. July 10, 2009.
The commission may exercise powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including but not limited to the following rights and powers:
(1) To adopt rules and regulations necessary to carry out the purposes of the commission, for the governance of its affairs, and for the conduct of its business.
(2) To adopt, use, and alter at will an official seal.
(3) To plan, construct, reconstruct, maintain, improve, operate, own, or lease projects within its jurisdiction in the manner determined by the commission and to pay any project costs in connection therewith.
(4) To sue and be sued in its own name.
(5) To impose, revise, and adjust tolls, fees, and charges in connection with its projects sufficient to pay all project costs, maintenance, operation, debt service, and reserve or replacement costs, and other necessary or usual charges.
(6) To regulate speed limits on the tollways consistent with state speed limits.
(7) To contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the right-of-way adjoining the paved portion, for placing thereon telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges limited to no more than the commission's direct and actual cost of administering the permitting process.
(8) To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter in accordance with law.
(9) To acquire public or private lands including rights or easements in the name of the commission by purchase, donation, exchange, foreclosure, lease, or otherwise, including exercising the power of eminent domain in accordance with Part XVIII of Chapter 1 of this Title, as it may deem necessary for carrying out the provisions of this Chapter.
(10) To hold, sell, assign, lease, or otherwise dispose of any real or personal property or any interest therein; to release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it; to take assignments of leases and rentals; to proceed with foreclosure actions; or to take any other actions necessary or incidental to the performance of its corporate purposes.
(11) To establish control of access, designate the location, and establish, limit, and control points of ingress and egress for each project as may be necessary or desirable in the judgment of the commission to ensure its proper operation and maintenance, and to prohibit entrance to such project from any point or points not so designated, subject to the prior written concurrence of the department when the state highway system is affected.
(12) To relocate parish, municipal, or other public roads affected or severed by commission projects with equal or better facilities at the expense of the commission.
(13) To enter, or authorize its agents to enter, upon any lands, waters, or premises within the geographic boundaries of the commission for the purpose of making surveys, soundings, drillings, or examinations as it may deem necessary or appropriate for the purposes of this Chapter provided that the commission shall reimburse any actual damages resulting to such lands, waters, or premises as a result of such activities; such entry shall not be deemed a trespass or unlawful.
(14) To procure insurance in such amount or amounts appropriate to the size of the project, as determined by the commission, insuring the commission against all losses, risk, and liability arising out of the construction, operation, maintenance, and ownership of any project.
(15) To apply for, receive, and accept grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for its corporate purposes.
(16) To open accounts at financial institutions necessary for the conduct of its business and to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the commission may determine, subject to compliance with state laws relative to investments by political subdivisions.
(17) To borrow money and issue bonds for any commission purpose.
(18) To enter contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of the commission.
(19) To enter into agreements with a public or private entity to construct, maintain, repair, or operate commission projects.
(20) To authorize the investment of public and private money to finance commission projects, subject to compliance with state law relative to use of public funds.
(21) To employ consultants, engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents necessary for the accomplishment of commission purposes and to fix their compensation.
(22) To do all acts and perform things necessary or convenient to execute the powers granted to the commission by law.
Acts 2009, No. 518, §1, eff. July 10, 2009.
A. For the purposes of this Chapter, the commission may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the commission may deem necessary for any commission purpose in the transportation corridor designated by the commission.
B. In the acquisition of land and property rights, the commission may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the commission will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.
C. The commission may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the commission that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the commission by eminent domain proceedings, the commission first shall offer to sell whatever rights it acquired back to the prior owner or his successors in title, at the fair market value or at the original price paid, whichever is less.
D. When the commission acquires property for a project, it is not subject to any liability imposed by preexisting conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The commission and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the commission.
Acts 2009, No. 518, §1, eff. July 10, 2009.
A.(1) The commission shall have the power to make reasonable regulations, not inconsistent with rules and regulations promulgated by the federal government and the department for the installation, construction, maintenance, repair, renewal, relocation, or removal of any public utility, railroad, or pipeline, in, on, along, over, or under a project.
(2) Whenever the commission shall determine that it is necessary to relocate, remove, or carry along or across a commission project by grade separation, any public utility facilities presently located in, on, along, over, or under a commission project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the commission; however, the cost and expense of such relocation, removal, or grade separation, including the cost of installing such facilities in a new location or locations, including the cost of any land, or any rights or interest in lands, and any other rights acquired to accomplish such relocation or removal, shall be paid as project costs by the commission.
(3) In case of relocation or removal, the owners or operators of public utility facilities, their successors or assigns, may use and operate said public utility facilities in the new location or locations upon the same terms and conditions enjoyed prior to relocation or removal.
B. Any utility which requests and is permitted to occupy a commission right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 2009, No. 518, §1, eff. July 10, 2009.
A. Contracts of the commission for the construction, improvement, or maintenance of any commission project shall be made and awarded pursuant to applicable provisions of state law.
B. The commission may contract with either the state police, a law enforcement district, or municipal law enforcement agency to perform law enforcement and patrol functions on any commission project.
Acts 2009, No. 518, §1, eff. July 10, 2009.
A. Without reference to any provision of the Constitution of Louisiana and the laws of Louisiana, and as a grant of power in addition to any other general or special law, the commission created pursuant to this Chapter may issue bonds for any commission purpose and pledge revenues for the payment of the principal and interest of such bonds. The commission is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or other sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or any other money of the commission, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds. Any such bonds shall be payable solely from revenues and bond proceeds, pending their disbursement, and investment income thereon.
B. Bonds issued under the provisions of this Chapter shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the state or any public entity to the commission arising out of contracts authorized under this Chapter.
C. Bonds shall be authorized by a resolution of the commission and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the commission, and be entitled to such priority on the revenues as such resolution or resolutions may provide.
D. Bonds shall be sold by the commission at public sale by competitive bid or negotiated private sale and at such price as the commission may determine to be in the best interest of the authority.
E. The issuance of bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of the state or any political subdivision, or of any agency, commission, or instrumentality thereof, except that the issuance of such bonds shall be subject to the approval of the State Bond Commission. The bonds shall be issued in compliance with the provisions of this Chapter.
F. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the commission authorizing the issuance of bonds hereunder, any person in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds or the security therefor within the thirty days herein prescribed, the authority to issue bonds and provide for the payment thereof, the legality thereof and of all of the provisions of the resolution or other proceedings authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. The commission may designate any paper of general circulation in its geographical jurisdiction to publish the notice of intent or may utilize electronic media available to the general public. Any suit to determine the validity of bonds issued by the commission shall be brought only in accordance with the provisions of R.S. 13:5121 et seq.
G. All bonds issued pursuant to this Chapter shall have all the qualities of negotiable instruments under the commercial laws of the state.
H. Any pledge of revenues or other monies made by the commission shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the commission shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission irrespective of whether such parties have notice thereof.
I. Neither the members of the commission nor any person executing the bonds shall be liable personally for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
J. Bonds of the commission, their transfer, and the income therefrom shall at all times be exempt from all taxation by the state or any political subdivision thereof and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for said deposits to the extent of their value. When any bonds shall have been issued hereunder, neither the legislature, the commission, nor any other commission may discontinue or decrease the revenues pledged to the payment of the bonds authorized hereunder or permit to be discontinued or decreased said revenues in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the revenues which would diminish the amount of the revenues to be received by the commission, until all of such bonds shall have been retired as to principal and interest, and there is hereby vested in the holders from time to time of such bonds a contract right in the provisions of this Section.
K. The commission may provide by resolution for the issuance of refunding bonds pursuant to R.S. 39:1444 et seq.
L. The holders of any bonds issued hereunder shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the bonds, including but not by way of limitation, appointment of a trustee for the bondholders and any other available civil action to compel compliance with the terms and provisions of the bonds and the resolution or trust agreement.
M. Subject to the agreements with the holders of bonds, all proceeds of bonds and all revenues pledged under a resolution or trust agreement authorizing or securing such bonds shall be deposited and held in trust in a fund or funds separate and apart from all other funds of the commission. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in such resolution or trust agreement.
N. The commission created hereunder is authorized to employ all professionals it deems necessary in the issuance of its bonds.
O. The commission created hereunder shall be deemed to be a public entity for purposes of Chapters 13, 13-A, 14, 14-A, 14-B, and 15-A of Title 39 of the Louisiana Revised Statutes of 1950, which statutes shall apply to bonds of the commission, provided that in the event of a conflict with the provisions of this Chapter, the provisions of this Chapter shall control.
Acts 2009, No. 518, §1, eff. July 10, 2009.
When the bonds issued for any project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the project is in a condition which meets department standards for structural condition and geometric design and is in a condition of maintenance satisfactory to the department, said project and any property acquired for the project may be transferred by the commission in full ownership to the state of Louisiana. The department will assume jurisdiction and control of the project as a part of the state highway system, provided that the legislature authorizes an increase in mileage of the state highway system equal to the length of the commission project to be transferred. Any commission project transferred to and accepted by the department will be operated and maintained by the department as an integral part of the state highway system, and the department, in the discretion of its secretary, may continue to collect any toll or fee for the purpose of maintenance of the project.
Acts 2009, No. 518, §1, eff. July 10, 2009.
A. The legislature finds and declares:
(1) Passenger rail service connecting Baton Rouge and New Orleans is supported by current federal policy and the Infrastructure Investment and Jobs Act of 2021, which provides billions of dollars for passenger rail improvements and service nationwide.
(2) Passenger rail service connecting Baton Rouge and New Orleans with key stops in Jefferson Parish, LaPlace, Gonzales, and the Louis Armstrong New Orleans International Airport is a key project in the 2021, More Trains. More Cities. Better Service: Amtrak's Vision for Improving Transportation Across America .
(3) A recent survey which drew in over four thousand six hundred completed responses, primarily from parishes which would be directly served by the proposed rail service, found strong support region-wide for passenger rail as well as considerable interest in multimodal travel locally.
(4) Passenger rail service along the Interstate 20 corridor between Marshall, Texas and Meridian, Mississippi through north Louisiana is supported by current federal policy and the Infrastructure Investment and Jobs Act of 2021, which provides billions of dollars for passenger rail improvements and service nationwide.
(5) Passenger rail services along the Interstate 20 corridor between Marshall, Texas and Meridian, Mississippi through north Louisiana with key stops in Monroe, Ruston, Delhi, and Shreveport-Bossier City.
(6) The Northwest Louisiana Council of Governments commissioned the North Louisiana Passenger Rail Feasibility Study to assess the potential of initiating a startup passenger rail service, primarily including the locations directly served by the proposed rail service, found strong support from the input of local, regional, and state stakeholders and the public to implement passenger rail service.
(7) The Department of Transportation and Development Rail Plan provides that the department, based on input received from stakeholders and the public during the preparation of the plan, shall work toward the following initiatives:
(a) Work with neighboring states on rail initiatives which benefit the region.
(b) Participate in the Southern Rail Commission on both passenger and freight initiatives.
(c) Support the improvement of existing Amtrak services and Amtrak stations.
(d) Support the development of new intercity rail initiatives that enhance mobility options for Louisianians.
(8) Now is the ideal time to explore the opportunity to electrify passenger rail, clarify who the owners and operators of the track and rail line will be, and determine whether or not the track should be passenger-only or shared with freight, and what the safest, most efficient manner would be to best utilize the railway.
B.(1) The Department of Transportation and Development shall prepare the scope, schedule, and budget to secure all necessary approvals and permits to begin passenger rail service between Baton Rouge and New Orleans, and may apply for grants and other funds typical for passenger rail, as appropriate, and to facilitate development of the necessary platforms or stations to support passenger service.
(2) Pursuant to this Subsection, the Department of Transportation and Development shall provide the scope, schedule, and budget to the joint committees on transportation, highways and public works before the start of the 2023 Regular Session.
C. In implementing the provisions of Subsection B of this Section, the department may:
(1) Identify a team of internal staff and professional consultants only as necessary to complete the preparations for service to commence.
(2) Minimize the length of time required for the completion of the study and the initiation of service.
(3) Seek approval with the National Environmental Policy Act.
(4) Complete only those analyses, studies, and engineering required to establish initial service.
(5) Initiate processes needed to obtain federal approvals for the more long-term and more costly improvements including rail upgrades, grade crossing improvements, and replacement of the Bonnet Carre' Spillway Bridge.
D. Compliance with Subsections B and C of this Section shall not be construed to preclude the department from concurrently pursuing funding for railway and station improvements identified in any other state or local railway improvement plan.
Acts 2022, No. 764, §2, eff. June 18, 2022.
This Chapter shall be known and may be referred to as "The Louisiana Intrastate Rail Compact Act".
Acts 2010, No. 838, §2, eff. June 30, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. The development, improvement, expansion, and maintenance of an efficient, safe, and well-maintained system of railways, transitways, and other transportation facilities that promote mobility are essential to Louisiana's economic health and are intended to act as a system that provides a basis for business and industry to compete cost effectively on a regional, national, and global scale in order to provide a high quality of life for the people of this state.
B. The expansion of local and regional transportation facilities is vital to the growth and development of the parishes and the state.
C. Public sources of revenues, including federal funding, that provide an efficient transportation system have not kept pace with the state's growing population and transportation needs; therefore, available alternative sources of revenue generation should be utilized to supplement currently available public funding in order to provide these needed transportation facilities.
D. Since public funding sources are not providing the state with sufficient revenues to meet all of its transportation needs, parishes and municipalities are hereby encouraged to utilize public-private partnerships as an additional means to assist in financing improvements to the state transportation system, especially the development of a rail travel choice in Louisiana in order to meet regional and local transportation needs.
E. Nothing in this Chapter shall be construed to usurp the property rights of privately owned freight railroads or abrogate the rights and responsibilities of privately owned freight railroads under federal law as carriers of interstate commerce.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Act" means the Louisiana Intrastate Rail Compact Act.
(2) "Authority" means Louisiana Intrastate Rail Authority.
(3) "Board" means the board of directors of a compact.
(4) "Bonds" means bonds, notes, certificates, obligations, or any other evidence of indebtedness or evidence of borrowed money issued or entered into by a compact to finance a project.
(5) "Compact" means any quasi-governmental entity compact formed by any parish or municipality, or two or more parishes or municipalities, or any combination of parishes and municipalities pursuant to the provisions of this Chapter or any successor thereto.
(6) "Department" means the Department of Transportation and Development or any successor agency thereto.
(7) "Municipal-street system project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property or related facilities as part of the rail service program.
(8) "Parish-related project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of a parish road railway or other transportation system and related facilities to the railway program.
(9) "Project" means any capital project undertaken pursuant to this Chapter involving the acquisition of real property for, or the acquisition, construction, reconstruction, improvement, extension, installation, development, or equipping of a railway, related facilities, or any portion thereof, including a state-designated passenger rail project.
(10) "Project costs" means all costs of acquisition and construction; the cost of acquisition of all land, rights-of-way, servitudes, property rights, easements, and interests acquired, or to be acquired, by a compact for such a railway program and related construction; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved; the cost of all machinery and equipment; financing charges, interest charges, interest prior to and during construction; cost of traffic estimates and of engineering and legal expenses; plans, specifications, and surveys; estimates of cost and of revenues; other expenses necessary or incidental to determining the feasibility or practicability of constructing a railway project; administrative expenses and such other expenses as may be necessary or incidental to the construction of a project; the financing of such railway construction and the placing of a rail transport project in operation. Any obligation or expenses hereafter incurred by the department, with the approval of a compact, for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as part of the cost of the project and shall be reimbursed to the department.
(11) "Public utility facilities" means tracks, pipes, signals, railroad grade-crossing protection at vehicular crossings, stations, parking facilities mains, conduits, cables, wires, towers, poles, railroads, and other equipment and appliances which are either publicly or privately owned.
(12) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface space, and any and all other things and rights usually included within the said term, including any and all interests in such property less than full title, such as easements and servitudes, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, whether permanent or temporary.
(13) "Revenues" means:
(a) All income, revenues, and receipts derived or to be derived from a project owned, leased, maintained, operated, or otherwise received by a compact from a project, or from contracts or agreements relating to a project, including but not limited to lease or sublease agreements, sale agreements, security agreements, loan agreements, pledge agreements, or other financing agreements between that compact and any entity, or from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(c) Monies generated by taxes of a public entity which are authorized to be assessed and levied by law.
(14) "State" means the state of Louisiana.
(15) "State-designated project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of the state transportation system, including railway projects and related facilities.
(16) "State transportation system" means all roadways, highways, bridges, or tunnels which constitute the state rail transportation system.
(17) "Transitway" or "railway" means any fixed guide way facility involving the use of rail or dedicated transit lines.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. There is in state government a Louisiana Intrastate Rail Authority. The authority shall direct the development and implementation of intrastate high-speed rail service that is fully integrated with the state's existing intrastate rail and bus network, consisting of interlinked conventional and high-speed rail lines and associated feeder buses. The intrastate network in turn shall be fully coordinated and connected with commuter rail lines and urban rail transit lines developed by local agencies, as well as other transit services, through the use of common station facilities whenever possible. The authority may apply for and expend federal funds made available through the American Recover and Reinvestment Act of 2009, upon appropriation of the legislature, to develop passenger rail corridors in Louisiana.
B. Any parish or municipality, or two or more parishes or municipalities, or any combination of parishes and municipalities are hereby authorized to form a quasi-governmental compact. Any such compact created pursuant to this Chapter shall be considered and treated as a body politic and corporate established for the public purposes enumerated herein. The boundaries of the compact shall be coextensive with the territorial boundaries of the parish or parishes or municipality or municipalities which establish such compact. The compact shall have the power to adopt bylaws containing such terms and provisions as the directors of the compact shall deem necessary or convenient to further carry out its purposes, provided that nothing therein may contravene any of the provisions of this Chapter.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
Neither the state nor any state agency, parish, municipality, district, or any other political subdivision or other public entity shall be subject to any claims, liabilities, costs, expenses, or causes of action for any personal injury or damage to property arising out of the construction, operation, or maintenance of any project, or which may happen to occur on any railway, if such incident giving rise thereto occurs prior to transfer and reversion of ownership of any project from a compact created hereunder to the state or appropriate parish or municipality in accordance with the provisions of this Chapter. Should any suit or other action be filed against a compact created hereunder prior to reversion of a project, such reversion shall be effected as provided in this Chapter, but the compact so joined by such action shall continue in existence as provided in R.S. 48:2189(A). No individual member, officer, director, or employee of a compact shall be liable personally for any such claims, liabilities, costs, expenses, or causes of action in any event.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. The board of the compact shall consist of such directors as are specified in the compact agreement, provided the board shall consist of at least five directors, including the Louisiana designee to the Southern Rail Corridor to be appointed by the chairman of the Southern Rail Corridor.
B. All directors shall be appointed by the parish or municipality forming the compact, if there is only one. If more than one parish, municipality, or any combination of parishes and municipalities is involved in forming a compact, each parish or municipality shall appoint an equal number of directors.
C. The compact shall elect from its directors a chairman, a vice chairman, and a secretary-treasurer who shall serve one-year terms. Where more than one parish or municipality is involved in the formation of a compact, the chairmanship for each successive term shall be alternated among the representatives of all participating parishes and municipalities.
D. Any vacancy which occurs prior to the expiration of a term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term as set forth in the articles of incorporation or bylaws of the compact.
E. Upon the effective date of an appointment, or as soon as practicable thereafter, each appointed member shall enter upon their duties. A member shall hold office until a successor has been appointed. Any member of the compact is eligible for reappointment.
F. All directors shall have equal status, and each director shall have one vote.
G. The presence of a majority of the board shall constitute a quorum. A majority vote of those present and voting shall be necessary for any action taken by the board.
H. A vacancy on the board shall not impair the right of a quorum to exercise a right or perform a duty of the board.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
Directors of the board shall not be entitled to any salary for services, but each member shall be reimbursed for actual expenses necessarily incurred in the performance of all duties in connection with the business of a compact in compliance with Policy and Procedure Memorandum 49, as promulgated by the division of administration, as amended and revised and may, if authorized by the board, be entitled to a per diem when conducting official business, not to exceed seventy-five dollars per day.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
Any compact created pursuant to this Chapter, and all directors and officers thereof, shall be subject to the Code of Governmental Ethics (R.S. 42:1101 et seq.).
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
Any compact created pursuant to this Chapter shall be subject to and fully comply with the Public Records Law (R.S. 44:1 et seq.) and the Open Meetings Law (R.S. 42:11 et seq.) of the state. The proceedings and documents of a compact shall be public record. All reports, maps, or other technical documents produced in whole or in part by a compact may be utilized by the department or any other public agency in any manner that they deem necessary and advisable in the conduct of their duties.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. A compact created and established pursuant to this Chapter may construct and operate transit way facilities along a transit corridor within the state under the terms and conditions set forth in this Chapter, with the prior express written consent of the affected governing bodies within the geographic boundaries of such compact after public hearing. The facilities shall be part of the approved transportation plan and program of the department and the local metropolitan planning organization, where applicable.
B. Prior to the initiation of environmental impact statements and preliminary engineering, feasibility studies shall first be conducted to substantiate project need and justification.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
In addition to having all of the powers granted, each compact may exercise all additional powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including but not limited to the following rights and powers:
(1) To adopt and amend bylaws, regulations, and procedures for the governance of its affairs and the conduct of its business and to designate an official journal which shall be a newspaper of general circulation within the geographical boundary of the compact.
(2) To adopt, use, and alter at will an official seal.
(3) To construct, reconstruct, maintain, improve, install, extend, develop, equip, repair, operate, own, and lease projects within the geographic boundaries of the compact in the manner to be determined by the compact, including in segments, phases, or stages, and all rights-of-way and to pay all project costs in connection therewith.
(4) To sue and be sued in its own name, plead, and be impleaded; however, any and all actions at law or in equity against the compact shall be brought in the parish where the cause of action arises, and if land is involved, including condemnation proceedings, suit shall be brought in the parish where the land is situated.
(5) To fix, revise, and adjust, from time to time, fees and charges in connection with each project sufficient to pay all or a portion of maintenance, operation, debt service and reserve or replacement costs, and other necessary or usual charges and to regulate speed limits on the railway transportation system.
(6) To contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the rights-of-way adjoining the paved portion, for placing thereon telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for such use. Any utilities which are placed within the right-of-way shall be loadable by the one-call system, and the utilities shall place locator strips on any buried objects. The contract or lease shall require the removal at the expense of the lessee of any utilities or other obstructions placed within the right-of-way at the request of such private utility owner when expansion of the rail transportation facility requires such removal.
(7) To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter in accordance with existing state law.
(8) To acquire in the name of the compact by purchase, gift, transfer, foreclosure, lease, or otherwise, including rights or easements, or by the exercise of the power of eminent domain in the manner hereinafter provided, such public or private lands, including public parks, playgrounds or reservations, or parts thereof or rights therein, rights-of-way, property rights, easements, and interests, as it may deem necessary for carrying out the provisions of this Chapter. Eminent domain shall be used for the sole purpose of constructing a railway transportation system and for the other public purposes set forth in this Chapter, and not for the exercise of, or accommodation for, private development interests, including but not limited to service stations, food marts, restaurants, truck stops, or other private enterprises.
(9) To hold, sell, assign, lease, or otherwise dispose of any real or personal property or any interest therein; to release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it; to take assignments of leases and rentals; proceed with foreclosure actions; or take any other actions necessary or incidental to the performance of its corporate purposes.
(10) To designate the location, and establish, limit, and control points of ingress and egress for each project as may be necessary or desirable in the judgment of the compact to ensure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated. Creation of new points of ingress and egress or substantial reconstruction or redesign of the same shall be made only after public hearing. Where the state railway transportation system is affected, the concurrence of the department shall be obtained for any such matters set forth in this Paragraph.
(11) In all cases where parish, municipal, or other public roads are affected or severed, the compact is hereby empowered and required to move and replace the roads with equal or better facilities, and all expenses and resulting damages, if any, shall be paid by the compact.
(12) To enter, or authorize its agents to enter upon any lands, waters, and premises within the geographic boundaries of the compact for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or appropriate for the purposes of this Chapter, and such entry shall not be deemed a trespass or unlawful. The compact shall make reimbursement for any actual damages resulting to such lands, waters, and premises as a result of such activities.
(13) To procure liability, casualty, and other insurance in such amount or amounts appropriate to the size of the project, as determined by the board, insuring the compact against all losses, risk, and liability arising out of the construction, operation, maintenance, and ownership of any project.
(14) To apply for, receive, and accept subventions, grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for its corporate purposes.
(15) To open accounts at financial institutions as necessary for the conduct of its business and to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the board may determine, subject to compliance with state laws relative to investments by political subdivisions.
(16) To borrow money and issue bonds for any corporate purpose, including the development, construction, or financing of any project which the compact is authorized to acquire or construct, including all costs in connection with and incidental to such acquisition or construction and the financing thereof.
(17) To enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of this Chapter. Such contracts and agreements may include, without limiting the foregoing, construction agreements, purchase or acquisition agreements, loan or lease agreements, partnership agreements, including limited partnership agreements, joint venture, participation agreements, or loan agreements with leasing corporations or other financial institutions or intermediaries.
(18) To enter into agreements with a public or private entity, to permit the entity, independently or jointly with the compact, to construct, maintain, repair, or operate projects, and to authorize the investment of public and private money to finance such projects, subject to compliance with state law relative to use of public funds.
(19) To employ consultant engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary for the accomplishment of its corporate purposes, and to fix their compensation.
(20) To exercise the power of eminent domain in accordance with general law, or at the option of the compact, Part XII of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950, and the provisions relating to acquisition of property prior to judgment found therein, provided that any property so acquired by a compact which is not used for an authorized public purpose of the compact within three years of such acquisition shall be reconveyed by the compact to the prior owners thereof at current market value. Upon refusal or failure to accept reconveyance of such property by the prior owner, the compact may use or dispose of such property as provided for in this Chapter.
(21) To do all acts and things necessary or convenient for the powers granted to it by law.
(22) No freight railroad system or any of its infrastructure or assets shall be taken or included within the operational activities of any compact unless specifically agreed to by the freight railroad company.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. A compact may, upon obtaining the approval of the Department of Transportation and Development undertake a state-designated project as a project under this Chapter.
B. Any portion of a compact project which is proposed to connect with or otherwise directly affect the operation of any portion of any state highway or any state-designated project shall be approved by the Department of Transportation and Development.
C. Notwithstanding any other law to the contrary, specifically including but not limited to the Louisiana Expressway Law (R.S. 48:1251 et seq.), any compact organized pursuant to the provisions of this Chapter shall have full power to carry out all of the powers and duties set forth in this Chapter, without the necessity of obtaining the approval or consent of the state, or any state agency, political subdivision, district, authority, or other public entity except as expressly provided for in this Chapter.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. For the purposes of this Chapter, a compact may acquire private or public property and property rights, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation by eminent domain proceedings, as the compact may deem necessary for any of the purposes of this Chapter, including but not limited to any lands reasonably necessary for securing applicable permits, areas necessary for management of access, borrow pits, drainage ditches, water retention areas, rest areas, placement access for landowners whose access is impaired due to the construction of a project, and replacement rights-of-way for relocated rail and utility facilities for existing, proposed, or anticipated transportation facilities in the transportation corridor designated by the compact.
B. In the acquisition of land and property, a compact may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition costs to the compact will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened. To that end, the provisions of R.S. 48:2180(20), regarding reconveyance of such excess portion shall not apply except in the case of the exercise by a compact of its right of eminent domain.
C. A compact may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the compact that maximize the price received for such property.
D. The right of eminent domain conferred by this Chapter shall be exercised by each compact in the manner provided by state law.
E. When a compact acquires property for a project, it is not subject to any liability imposed by pre-existing conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The compact and the Louisiana Department of Environmental Quality may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the compact.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. A compact shall have the power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation, and removal of any public utility, railroad, vehicular crossings of railroads, pipeline company, or other entity, in, on, along, over, or under a project. Whenever a compact shall determine that it is necessary that any public utility facilities which now are, or hereafter may be, located in, on, along, over, or under a project should be relocated in such project, or should be removed from such project, or should be carried along or across the project by grade separation, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the compact; however, the cost and expenses of such relocation or removal or grade separation, including the cost of installing such facilities in a new location or new locations, and the cost of any land, or any rights-of-way or interest in lands, and any other rights acquired to accomplish such relocation or removal, and the cost of maintenance of grade separation structures, shall be paid by the compact as a part of the cost of such project. In case of any such relocation or removal of public utility facilities, the owners or operators of the same, their successors or assigns, may use and operate such public utility facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as they had the right to maintain and operate such public utility facilities in their former location or locations.
B. Notwithstanding the provisions of Subsection A of this Section, any utility allowed to exist on a compact's right-of-way at the request of the utility pursuant to R.S. 48:2180(6), shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. A compact formed under the provisions of this Chapter may levy special benefit assessments for needed public rail transit facilities and services on the property which benefits from those facilities and services.
B. The intrastate rail compact transit facilities and services provide special benefits to parcels of land, and improvements thereon, in the vicinity of rail rapid transit stations, and provide general benefits to the community at large. The board of directors of a compact shall be conclusive judge of the proportion of special and general benefits produced by the facilities and of the distribution of the special benefits among parcels of property within the benefit assessment district.
C. The compact may exercise the powers granted to an economic development district pursuant to R.S. 33:9038.33 and 9038.34 as if the compact is such an economic development district; however, no state tax increments shall be dedicated to pay any revenue bonds of any compact or be otherwise used to obligate the state financially to support a compact or projects of a compact.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
The provisions of R.S. 48:2184 shall not apply to any municipality or parish unless the qualified electors of the municipality or parish vote in favor of the application of this Chapter to the municipality or parish.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. Contracts of a compact for the construction, improvement, repair, or maintenance of any municipal street system project, parish-related project, or project of a compact as defined in R.S. 48:2172(9) shall be made and awarded pursuant to Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950.
B. Exceptions shall be made for publicly funded improvements made to private railway property under contract to the compact for a public benefit, where the labor organizations of the private railway have agreements to carry out work on such property. In this case, the granted public benefit by the private railway company shall be considered an intangible asset owned by the compact.
C. Notwithstanding any law to the contrary, a compact may contract with a private entity to provide services for design, cost estimate, feasibility studies, operations, management and construction management services, provided that any contract awarded for such services shall be awarded only after the compact drafts and uses a request for proposal seeking proposals from qualified providers. Notice of such requests for proposal shall be published twice, once a week for two weeks, in the official journal of the compact and once in at least one trade journal. Such notice shall give a brief description of the services sought, where a complete request for proposal form may be obtained, and the deadline for response to the proposal, which shall be no less than thirty days from the last publication in the official journal. Nothing in this Subsection shall be construed to allow contracts for the construction, improvement, repairs, or maintenance of railways to be awarded in any manner other than as set forth in Subsection A of this Section.
D. A compact created hereunder shall contract with the state police, a law enforcement district, or a municipal law enforcement agency for law enforcement and patrol functions.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. Without reference to any provision of the Constitution of Louisiana and the laws of Louisiana, and as a grant of power in addition to any other general or special law, a compact created pursuant to this Chapter may issue bonds for any corporate purpose and pledge revenues for the payment of the principal and interest of such bonds. A compact is further authorized, in its discretion, to pledge all or any part of any gift, grant, donation, or otherwise any sum of money, aid, or assistance from the United States, the state, or any political subdivision thereof, unless otherwise restricted by the terms thereof, all or any part of the proceeds of bonds, credit agreements, instruments, or any other money of the compact, from whatever source derived, for the further securing of the payment of the principal and interest of the bonds.
B. Bonds issued under the provisions of this Chapter shall not be deemed to constitute a pledge of the full faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any public entity of the state are pledged to the payment of the principal or the interest on such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the state or public entities to the compact arising out of contracts authorized under this Chapter.
C. Prior to the issuance of any bonds for a project, a business plan shall be prepared detailing the estimated expenditures for and revenues from the operation of all capital improvements and the time schedule for such expenditures and receipts. The compact shall employ a financial advisor, and the plan shall be recommended by the compact's financial advisor as fiscally sound and approved by the compact prior to the issuance of any bonds.
D. Bonds shall be authorized by a resolution of the board and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including but not limited to fixed, variable, or zero rates, be payable at such time or times, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption prior to maturity at such price or prices as determined by the compact, and be entitled to such priority on the revenues as such resolution or resolutions may provide.
E. Bonds shall be sold by the compact at public sale by competitive bid or negotiated private sale and at such price or prices as the compact may determine to be in the best interest of the compact.
F. The issuance of bonds shall not be subject to any limitations, requirements, or conditions contained in any other law, and bonds may be issued without obtaining the consent of the state or any political subdivision, or of any agency, commission, or instrumentality thereof, except that the issuance of such bonds shall be subject to the approval of the State Bond Commission. The bonds shall be issued in compliance with the provisions of this Chapter.
G. For a period of thirty days after the date of publication of a notice of intent to issue bonds in the official journal of the compact authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, but after that time no one shall have any cause or right of action to contest the legality of the resolution or of the bonds or the security therefor for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the resolution, the bonds or the security therefor within the thirty days herein prescribed, the compact to issue the bonds and to provide for the payment thereof, the legality thereof, and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed to be legal and shall be incontestable. Any notice of intent so published shall set forth in reasonable detail the purpose of the bonds, the security therefor, and the parameters of amount, duration, and interest rates. A compact shall designate any paper of general circulation in its geographical jurisdiction as its official journal. Any suit to determine the validity of bonds issued by the compact shall be brought only in accordance with the provisions of the Bond Validation Procedures Act (R.S. 13:5121 et seq.). In addition, the Bond Validation Procedures Act may also be used to establish the validity of any contract entered into pursuant to R.S. 48:2180(18).
H. All bonds issued pursuant to this Chapter shall have all the qualities of negotiable instruments under the commercial laws of the state.
I. Any pledge of revenues or other monies made by a compact shall be valid and binding from the time when the pledge is made. The revenues or monies so pledged and thereafter received by the compact shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the compact irrespective of whether such parties have notice thereof.
J. Neither the directors of the board nor any person executing the bonds shall be liable personally for the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
K. Bonds of a compact, their transfer, and the income therefrom shall at all times be exempt from all taxation by the state or any political subdivision thereof, and may or may not be exempt for federal income tax purposes. The bonds issued pursuant to this Chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts, or other political corporations or subdivisions of the state. Such bonds shall be lawful and sufficient security for said deposits to the extent of their value.
L. A compact organized pursuant to this Chapter is hereby authorized to provide by resolution for the issuance of refunding bonds of the compact for the purpose of refunding any bonds then outstanding and issued by the provisions of this Chapter, whether or not such outstanding bonds have matured or are then subject to redemption. The compact is further authorized to provide by resolution for the issuance of a single issue of bonds of the compact for the combined purposes of (1) paying the costs of any project, and (2) refunding bonds of the compact which shall then be outstanding, whether or not such outstanding bonds have matured or are then subject to redemption. The issuance of such refunding bonds, the maturities, and the other details thereof, the rights and remedies of the holders thereof, and the rights, powers, privileges, duties, and obligations of the compact with respect to the same, shall be governed by the foregoing provisions of this Chapter insofar as the same may be applicable.
M. A compact created hereunder shall have the authority to employ all professionals it deems necessary in the issuance of its bonds, including but not limited to bond counsel, issuer counsel, financial advisors, and fiduciaries.
N. A compact created hereunder shall be deemed to be a public entity for purposes of Chapters 13, 13-A, 14, 14-A, 14-B, and 15-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, which statutes shall apply to bonds of a compact, provided that in the event of a conflict with the provisions of this Chapter, the provisions of this Chapter shall control.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
The powers and rights conferred by this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other general laws, and shall not be regarded as in derogation of any powers now existing. This Chapter does and shall be construed to provide a complete and additional method for the issuance of bonds. No proceeding, hearing, notice, or approval shall be required for the issuance of any bonds or any instrument as security therefor, except as provided herein. The provisions of this Chapter shall be liberally construed for the accomplishment of its purposes.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
A. When bonds issued for any parish-related project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the parish project is in a condition of maintenance satisfactory to the parish, said project and any property acquired as part of project costs shall be transferred by the compact to and shall thereby be conveyed in full ownership to the respective parish; and the parish shall assume jurisdiction and control of the project, which shall then become part of the parish road system and be subject to maintenance, control, and operation of the parish as an integral part of the parish road system, and the parish, in its discretion, may provide that any toll or fee collected may be continued for the purpose of maintenance. Upon the later of payment in full of all bonds and the interest thereon, the deposit of funds in trust for such purpose, or the final resolution of any disputes or litigation pending against a compact on such transfer and conveyance date, the existence of the compact shall terminate. From the date of such transfer and conveyance of the project, the compact shall continue to exist to dispose of any unresolved litigation not related to the day-to-day management of the project. If no such litigation is pending on the date the project transfers and conveys, the compact shall terminate on the transfer and conveyance date.
B. When bonds issued for any municipal-designated project and the interest thereon has been paid in full, or sufficient funds have been deposited in trust for that purpose and the municipal project is in a condition of maintenance satisfactory to the municipality, said project and any property acquired as part of the project costs shall be transferred by the compact to and shall thereby be conveyed in full ownership to the respective municipality; and the municipality shall assume jurisdiction and control of the project, which shall then become part of the municipal road system and be subject to maintenance, control, and operation of the municipality as an integral part of the municipal road system, and the municipality, in its discretion, may provide that any fee collected may be continued for the purpose of maintenance. Upon the later of either the payment in full of all bonds and the interest thereon, or the deposit of funds in trust for such purpose, or the final resolution of any disputes or litigation pending against a compact on such transfer and conveyance date, the existence of the compact shall terminate. From the date of such transfer and conveyance of the project, the compact shall continue to exist to dispose of any unresolved litigation not related to the day-to-day management of the project. If no such litigation is pending on the date the project transfers and conveys, the compact shall terminate on the transfer and conveyance date.
C. A notice of transfer and reversion of ownership of any such project shall be published twice in the official journal of the state, parish, or municipality, as the case may be, to receive such ownership conveyance with the first publication to be made not more than one hundred eighty nor less than one hundred fifty days from the full bond principal and interest payment or date of deposit in trust therefor and the second not more than ninety nor less than sixty days therefrom.
D. Any parish or municipality may form or join a compact formed under the provisions of this Chapter by another parish or municipality with the approval of the governing authority of such parish and parish president, or the governing authority of the municipality.
Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
The following terms, as used in this Chapter, shall have the meanings ascribed to them in this Section, except where a different meaning is expressly stated or clearly indicated by context:
(1) "Bodily injury" means claims for general and special damages for personal injury arising under Civil Code Article 2315.
(2) "Department" means the Louisiana Department of Transportation and Development.
(3) "Digital network" means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.
(4) "Gross trip fare" means the base fare plus any time or distance charges, excluding any additional charges such as airport or venue fees.
(5) "Intrastate prearranged ride" means any prearranged ride, as provided for in this Section, originating within the jurisdiction of the local governmental subdivision.
(6) "Local governmental subdivision" means any parish or municipality as defined in Article VI, Section 44 of the Constitution of Louisiana.
(7) "Personal vehicle" means a vehicle that is used by a transportation network company driver and is owned, leased, or otherwise authorized for use by the transportation network company driver. A personal vehicle is not a vehicle subject to Parts A and B of the Motor Carrier law as provided for in R.S. 45:161 et seq. or engaged solely in interstate commerce.
(8) "Prearranged ride" means the provision of transportation by a driver to a rider that commences when a driver accepts a ride requested by a person through a digital network controlled by a transportation network company, continues during the driver transporting a requesting rider, and ends when the last requesting rider departs from the personal vehicle. A prearranged ride does not include shared expense van pool services, as defined pursuant to R.S. 45:162, shared expense car pool services, as defined pursuant to R.S. 45:162, or transportation provided using a vehicle subject to Part A or B of the Motor Carrier law as provided for in R.S. 45:161 et seq. or engaged solely in interstate commerce.
(9) "Pre-trip acceptance period" means any period of time during which a driver is logged on to the transportation network company's digital network and is available to receive transportation requests, but is not engaged in an intrastate prearranged ride as defined in this Section.
(10) "Transportation network company" or "company" means a person, whether natural or juridical, that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides, or a person, whether natural or juridical, that provides a technology platform to a transportation network company rider that enables the transportation network company rider to schedule an intrastate prearranged ride.
(11) "Transportation network company driver" or "driver" means a person who receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company, and who uses a personal vehicle to offer or provide a prearranged ride to persons upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
(12) "Transportation network company rider" or "rider" means a person who uses a transportation network company's digital network to connect with a transportation network driver who provides intrastate prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.
(13) "Transportation network company vehicle" or "vehicle" has the same meaning as "personal vehicle" as provided for in this Section.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A company or a driver shall not be considered a common carrier, contract carrier, or motor carrier, and shall not provide taxi or for hire vehicle service. In addition, a driver shall not be required to register the vehicle that the driver uses to provide prearranged rides as a commercial motor vehicle or a for hire vehicle.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. A person shall not operate a company in the state of Louisiana without first obtaining a permit from the department. However, if a company has been operating in this state prior to July 1, 2019, they may continue operating until the department creates a permit process and sets a registration deadline. As a part of the permit process, a company shall be required to provide the department with a certificate of insurance verifying compliance with R.S. 45:201.6 and listing the department as a certificate holder.
B. The department shall issue a permit to each applicant that meets the requirements applicable to a company as provided for in this Chapter.
C. The department shall not charge a fee for the issuance of any permit to a company under this Section.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A company shall maintain an agent for service of process in the state of Louisiana.
Acts 2019, No. 286, §2, eff. July 1, 2019.
If a fare is collected from a rider, the company shall disclose to the rider the fare or fare calculation method located on its website or within the online-enabled technology application service prior to the start of the prearranged ride. If the fare is not disclosed to the rider prior to the beginning of the prearranged ride, the rider shall have the option to receive an estimated fare before the start of the prearranged ride.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. The company's digital network shall display a picture of the driver and the license plate number of the motor vehicle used for providing the prearranged ride before the rider enters the driver's vehicle.
B. Upon the request of a rider, a driver shall present his physical license or digitized driver's license to the rider prior to the start of each prearranged ride.
Acts 2019, No. 286, §2, eff. July 1, 2019.
Within a reasonable amount of time following the completion of a prearranged ride, a company shall transmit an electronic receipt to the rider on behalf of the driver. The receipt shall include all of the following:
(1) The origin and destination of the trip.
(2) The duration and distance of the trip.
(3) The total fare paid for the trip.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. The company shall implement a zero tolerance policy regarding a driver's activities while accessing the company's digital network. The zero tolerance policy shall address the use of drugs or alcohol while a driver is providing prearranged rides or is logged into the company's digital network, regardless of whether the driver is providing prearranged rides. The company shall provide notice of this policy on its website as well as procedures to report a complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the prearranged ride.
B. Upon receipt of a rider's complaint alleging a violation of the zero tolerance policy, the company shall suspend the alleged driver's ability to accept trip requests through the company's digital network immediately and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
C. The company shall maintain records relevant to the enforcement of this requirement for a period of at least two years from the date that a rider's complaint is received by the company.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. Before an individual is authorized to accept trip requests through a transportation network company's digital network, the following conditions shall be met:
(1) The individual shall submit an application to the company, which includes information regarding his address, age, driver's license, motor vehicle registration, insurance, and any other information required by the company.
(2) The company or a third party shall conduct a local and national criminal background check for each applicant that includes the following:
(a) A multi-state and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation of any records through a primary source search.
(b) A search of the national sex offender public website maintained by the United States Department of Justice.
(3) The company or a third party shall obtain and review a driving history research report for each applicant.
B. The company or a third party shall conduct the background check and driving history research report set forth in Paragraphs (A)(2) and (3) of this Section at least once every two years.
C. The company shall not authorize an individual to act as a driver if the individual's driving history report reveals the individual received more than three moving violations within the three-year period prior to applying to the company.
D. The company shall not authorize an individual to act as a driver if the individual's initial background check or any subsequent background check reveals the individual:
(1) Has had more than one of the following violations within the three-year period prior to applying to the company:
(a) Flight from an officer or aggravated flight from an officer as provided for in R.S. 14:108.1.
(b) Reckless operation of a vehicle as provided for in R.S. 14:99.
(c) Operating a vehicle while under suspension for certain prior offenses as provided for in R.S. 14:98.8.
(2) Has been convicted, within the past seven years, of:
(a) Any enumerated felony as provided for in Title 14 of the Louisiana Revised Statutes of 1950, comprised of R.S. 14:1 through 601.
(b) Operating a vehicle while intoxicated as provided for in R.S. 14:98 through 98.4.
(c) Hit and run driving as provided for in R.S. 14:100.
(d) Any crime of violence as defined in R.S. 14:2(B).
(3) Is listed as an offender in the national sex offender public website maintained by the United States Department of Justice.
(4) Does not possess a valid driver's license to operate a personal vehicle.
(5) Does not possess the required registration to operate a motor vehicle used to provide prearranged rides.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. A driver shall not accept a trip for compensation other than a trip arranged through a company's digital network.
B.(1) A dispute arising in this state involving the company, or a driver operating under the provisions of this Chapter, shall not be governed by the laws of another jurisdiction and shall not be resolved outside of the state, unless agreed to by all parties in writing after the dispute has arisen.
(2) "Dispute" shall include but is not limited to a dispute involving liability arising from an alleged act or omission, a dispute involving interpretation of contractual terms or provisions, and a determination of rights, status, or other legal relations.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. The company shall adopt a nondiscrimination policy with respect to riders and potential riders and shall inform drivers of such policy.
B. Drivers shall comply with all applicable nondiscrimination laws.
C. Drivers shall comply with all applicable laws relating to transporting service animals.
D. A company shall not impose any additional charges for providing services to persons with physical disabilities.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A company shall maintain the following records:
(1) Individual trip records for at least three years from the date each trip was provided.
(2) Individual records of drivers for at least three years after the date which a driver's relationship with the company has ended.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. For the purpose of verifying that a company is in compliance with the requirements of this Chapter, the department shall have the right to audit the records that the company is required to maintain. The audit shall be conducted using a reasonable sampling procedure agreed upon by the department and the company, and shall take place at a location agreed upon by the department and the company. Any record furnished to the department may, as appropriate, exclude information that would identify specific drivers or riders.
B. The governing body of a local governmental subdivision may request from the department a report on the results of the audit performed by the department pursuant to Subsection A of this Section.
C. In response to a specific complaint against any driver or company, the department is authorized to inspect records held by the company that are necessary to investigate and resolve the complaint. The company and department shall endeavor to have the inspection take place at a mutually agreed upon location in the state. Any record furnished to the department may exclude information that would identify specific drivers or riders, unless the identity of a driver or rider is relevant to the complaint.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. A local governmental subdivision that enacted a transportation network company ordinance prior to March 1, 2019, that included a per-trip fee and has a company operating within the corporate limits of the local governmental subdivision as of March 1, 2019, is authorized to impose a fee up to or equal to the per-trip fee imposed by the local governmental subdivision's transportation network company ordinance as of March 1, 2019, on each intrastate prearranged ride originating within the corporate limits of the local governmental subdivision. Nothing in this Subsection shall be construed to allow a local governmental subdivision to impose any fees or requirements other than the per-trip fee specified in this Subsection.
B. Any local governmental subdivision not included in Subsection A of this Section may impose a fee of up to one percent of the gross trip fare for each intrastate prearranged ride. A local governmental subdivision that imposes a per-trip fee pursuant to Subsection A of this Section shall not impose a fee pursuant to this Subsection. Nothing in this Subsection shall be construed to allow a local governmental subdivision to impose any fees or requirements other than the fee specified in this Subsection.
C. A local governmental subdivision authorized to impose a fee pursuant to Subsection B of this Section may impose the specified fee that complies with Subsection B of this Section by passing an ordinance. The ordinance shall impose the specified fee, that complies with Subsection B of this Section, on each company permitted by the department in accordance with R.S. 48:2193. A municipality's fee may apply only to intrastate prearranged rides originating within the incorporated limits of the municipality. A parish's fee may apply only to intrastate prearranged rides originating within the unincorporated portions of the parish.
D. A local governmental subdivision shall provide, at least thirty days prior, written notice to each company permitted by the department, in accordance with R.S. 48:2193, of an initial hearing, reading, or consideration of an ordinance imposing a fee pursuant to this Section. A local governmental subdivision shall also provide written notice within ten days of the passage of any ordinance imposing a fee pursuant to this Section. A fee imposed pursuant to this Section shall not go into effect until the first day of the month that is at least thirty days after passage of the ordinance imposing the fee.
E. If a local governmental subdivision passes an ordinance imposing a fee pursuant to this Section, a company shall collect the fee on behalf of drivers for each intrastate prearranged ride. Each company shall remit the total fee to the local governmental subdivision on a quarterly basis within thirty days after the end of the calendar quarter.
F.(1) On a quarterly basis, each company shall remit to the Louisiana Department of Revenue an assessment fee equal to one percent of the gross trip fare for all prearranged rides that originate in this state in accordance with Act No. 286 of the 2019 Regular Session of the Legislature. The assessment fee shall be remitted on or before thirty days after the close of each calendar quarter and shall be submitted with a report, on forms prescribed by the secretary of the Department of Revenue, showing the gross trip fares that originated in the state during the reporting quarter.
(2) Funds received by the Department of Revenue in the form of assessment fees authorized in this Subsection shall be deposited immediately upon receipt into the state treasury. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, an amount equal to that deposited as required by this Subsection shall be credited to the Department of Transportation and Development and shall be used solely for the expenses of the operations of the Department of Transportation and Development in regulating transportation network companies, and only in the amounts appropriated by the legislature.
G. The Department of Revenue shall have the sole audit authority with respect to fees remitted by a company to a local governmental subdivision and the Department of Revenue. A company shall keep accurate books and records reflecting its accounting and payment of fees, pursuant to this Section, in accordance with generally accepted accounting principles. For the assessment fee imposed pursuant to this Section and each local governmental subdivision that passes an ordinance imposing a fee pursuant to this Section, the Department of Revenue may, at its discretion, upon reasonable prior written request, and no more than annually, conduct an audit of a company's books and records related to its accounting and payment of fees to the local governmental subdivision and the Department of Revenue. Such an audit shall be limited to a single calendar quarter. If the local governmental subdivision has a reasonable basis to suspect a material underpayment by a company, the local governmental subdivision shall request that the Department of Revenue initiate an audit pursuant to this Subsection. To be material, the underpayment to the local governmental subdivision must be greater than ten percent of the amount required to be remitted. If an underpayment of over fifty dollars to any local governmental subdivision is identified in an audit conducted by the Department of Revenue, the company shall remit the underpaid fees to the local governmental subdivision within thirty days of the conclusion of the Department of Revenue audit. A local governmental subdivision shall not add additional audit authority by ordinance. Any record furnished or disclosed to the Department of Revenue may, as appropriate, exclude information that would identify specific drivers or riders.
H. The governing body of a local governmental subdivision may request to review the results of an audit conducted pursuant to Subsection G of this Section with respect to fees remitted by a company to the local governmental subdivision.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. It is the intent of the legislature to provide uniform laws to govern companies, drivers, and vehicles throughout the state in order to protect and promote the safety and welfare of the residents of Louisiana.
B. Except as provided in R.S. 48:2204 and Subsection D of this Section, and notwithstanding any other provision of law to the contrary, companies, drivers, and vehicles are governed exclusively by state law, including Part C of the Motor Carrier law as provided for in R.S. 45:161 et seq., this Chapter, and any rules promulgated by the department consistent with this Chapter.
C. A local governmental subdivision shall not do any of the following:
(1) Impose a tax on, or require a license for, a company, a driver, or a vehicle if such tax or license relates to providing prearranged rides, except as provided in R.S. 48:2204 or Subsection D of this Section.
(2) Require a company or a driver to obtain a business license or any other type of similar authorization to operate within the jurisdiction.
(3) Subject a company, a driver, or a vehicle to any rate, entry, operation, or other requirement of the governing authority, except as provided in R.S. 48:2204 or Subsection D of this Section.
D. The provisions of this Section shall not prohibit:
(1) An airport from charging pick-up fees for the use of the airport's facilities or designating locations for staging, pick-up, and other similar operations at the airport. An airport pick-up fee is not a local fee subject to the provisions of R.S. 48:2204.
(2) A police department of a local governmental subdivision from contracting with a company operating in the local governmental subdivision's jurisdiction for the purpose of coordination of pick-up and drop-off zones associated with large events occurring in that jurisdiction. For the purposes of this Paragraph, a "large event" means any event designated as SEAR-1, under the Federal Special Event Assessment Rating system, or as a National Special Security Event. A contract under this Section:
(a) Shall not exclude any company holding a permit under R.S. 48:2193 from providing services at the event.
(b) Shall have comparable terms for each company, taxi cabs, limousines, or any other for-hire vehicles providing services at the large event.
(c) Shall not preclude the police department of a local governmental subdivision from enforcing traffic laws.
E. Nothing in this Section shall be construed to prohibit the state from maintaining, enforcing, prescribing, or continuing in effect any law or regulation regarding the sale, distribution, repair, or service of vehicles pursuant to Title 32 of the Louisiana Revised Statutes of 1950.
Acts 2019, No. 286, §2, eff. July 1, 2019.
A. It is hereby declared to be the public policy of this department to provide for the financial security of surviving spouses and children of department employees when a department employee suffers death as a result of any injury arising out of a hazardous situation and in the course and scope of performing official duties as an employee of the Department of Transportation and Development.
B.(1) In any case in which a department employee suffers death as a result of an injury arising out of a hazardous situation in the course and scope of performing his official duties as a department employee, and the death is not the result of an intentional act, the sum of one hundred thousand dollars shall be paid to the surviving spouse of the department employee, provided neither spouse has instituted a divorce proceeding. In the event the deceased employee leaves no surviving spouse, or if either spouse has instituted a divorce proceeding, the department shall pay the sum of one hundred thousand dollars to the child or children of the deceased employee. In the event the deceased employee leaves no children, the department shall pay the sum of one hundred thousand dollars to the named beneficiary listed on the department employee's beneficiary form. In the event there is no named beneficiary, the department shall pay the sum of one hundred thousand dollars to the estate of the deceased employee.
(2) As a result of the named beneficiary provision in Paragraph (1) of this Subsection, each department employee shall complete a beneficiary form.
C. Payment shall be made out of the Transportation Trust Fund. However, no payment shall be made pursuant to this Chapter unless the recipient of the survivor benefits signs all required documents waiving all rights to file suit against the department and releasing the department from any and all liability for the employee's death.
D. The department shall promulgate rules under the Administrative Procedure Act as necessary to implement the provisions of this Chapter.
Acts 2021, No. 475, §1, eff. June 29, 2021.
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