ENROLLED
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 865
BY REPRESENTATIVE BARROW AND SENATOR DORSEY-COLOMB
AN ACT1
To amend and reenact R.S. 48:1456(A), (C), and (E) and 1460(3) and (9), relative to the2
Capital Area Transit System; to provide relative to membership of the board of3
commissioners, including qualifications and procedures for appointment; to provide4
for appointment of new members; to provide for powers and duties of the board; to5
remove a requirement for approval of certain board actions by the appropriate parish6
governing authority; to provide relative to fare increases by the board; and to provide7
for related matters.8
Notice of intention to introduce this Act has been published9
as provided by Article III, Section 13 of the Constitution of10
Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 48:1456(A), (C), and (E) and 1460(3) and (9) are hereby amended13
and reenacted to read as follows:14
§1456. Board of commissioners15
A.(1) If there are no participating parishes other than East Baton Rouge16
Parish, the system shall be governed by a board of commissioners comprised of nine17
members appointed as follows:18
(a) One member shall be appointed by the mayor-president of the city of19
Baton Rouge and parish of East Baton Rouge, if the tax proposition for funding of20
the system on the ballot for voter approval on April 21, 2012, is approved by the21
voters of the city of Baton Rouge.22 ENROLLEDHB NO. 865
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) One member shall be appointed by the mayor of the city of Baker, if the1
tax proposition for funding of the system on the ballot for voter approval on April2
21, 2012, is approved by the voters of the city of Baker.3
(c) One member shall be appointed by the mayor of the city of Zachary, if4
the tax proposition for funding of the system on the ballot for voter approval on April5
21, 2012, is approved by the voters of the city of Zachary.6
(d) One member shall be appointed by the governing authority of the city of7
Baton Rouge and parish of East Baton Rouge from among the membership of the8
governing authority of the city of Baton Rouge and parish of East Baton Rouge.9
(e) The remaining members shall be appointed by the governing authority10
of the city of Baton Rouge and parish of East Baton Rouge from nominees submitted11
by the following designated persons, groups, and entities. Each such person, group,12
or entity shall, within thirty days of a vacancy on the board, submit to the council13
administrator of the governing authority of the city of Baton Rouge and parish of14
East Baton Rouge the name of one eligible nominee:15
(i) The Baton Rouge Area Chamber.16
(ii) Together Baton Rouge.17
(iii) The Center for Planning Excellence.18
(iv) AARP Louisiana.19
(v) The Louisiana Hospital Association.20
(vi) The chancellor of Louisiana State University - Baton Rouge.21
(vii) The chancellor of Southern University - Baton Rouge.22
(viii) The chancellor of Baton Rouge Community College.23
(ix) The Arc Baton Rouge.24
(x) The Louisiana Bankers Association.25
(xi) Visit Baton Rouge.26
(xii) The Baton Rouge Black Chamber of Commerce.27
(xiii) The Louisiana AFL-CIO.28
(f) The governing authority of the city of Baton Rouge and parish of East29
Baton Rouge by ordinance may designate additional persons, groups, or entities to30 ENROLLEDHB NO. 865
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
make nominations for appointments to the board. Each person, group, or entity so1
designated by the governing authority shall submit the name of one eligible nominee2
as provided in Subparagraph (e) of this Paragraph and Paragraph (2) of this3
Subsection.4
(2) The persons, groups, or entities authorized to make nominations for5
appointments to the board shall give due consideration to the demographics of the6
population of the city-parish, including without limitation geography, gender, and7
race and to the requirements of Paragraph (4) of this Subsection.8
(3) The governing authority of the city of Baton Rouge and parish of East9
Baton Rouge shall make an appointment no later than forty-five days after the10
deadline for receipt of the names of the nominees. The governing authority of the11
city of Baton Rouge and parish of East Baton Rouge shall make the appointment12
from the nominations that are timely submitted, and if no nominations are submitted,13
shall make the appointment without nominations. Should the governing authority14
fail to make an appointment within the forty-five-day period, the remaining members15
of the system board of commissioners shall make an appointment to fill the vacancy16
on the board from the nominations submitted.17
(4)(a)(i) The governing authority of the city of Baton Rouge and parish of18
East Baton Rouge shall appoint commission members with diverse backgrounds,19
including but not limited to leaders from organizations that have a vested interest in20
a robust and efficient transit system, such as higher education and health care, or21
have a large constituency of transit users; executives of not-for-profit human service22
organizations; and other business or civic leaders with related executive experience23
in areas such as transportation and civil engineering; business owners who reside24
outside the area subject to the ad valorem tax approved by the voters in 2012 for the25
Capital Area Transit System whose businesses are located within such area; and26
users of the transit system with the capacity to contribute to the board.27
(ii) In addition, at least a majority of the members appointed by the28
governing authority of the city of Baton Rouge and the parish of East Baton Rouge29 ENROLLEDHB NO. 865
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
shall be residents of areas subject to the ad valorem tax approved by the voters in1
2012 for the Capital Area Transit System.2
(b) The governing authority shall give special consideration to nominees3
with comprehensive knowledge of: business and organizational principles, especially4
those related to strategic planning, resource allocation, and coordination of people5
and resources; transportation and land use planning; transit route planning and6
service programming; local, state, and federal planning regulations; and public7
finance.8
(c) To the greatest extent possible, the governing authority shall appoint at9
least one commission member with a degree in transportation, civil engineering, or10
urban planning or certificates relating to those fields.11
(d) To the greatest extent possible, the governing authority shall appoint at12
least one commission member who is a regular user of public transit.13
(5) A vacancy on the board for any cause from among the members from14
East Baton Rouge Parish shall be filled in the same manner as the original15
appointment for the remainder of the unexpired term.16
* * *17
C.(1) The members from each participating parish, including excluding East18
Baton Rouge Parish, shall be appointed by its governing authority in accordance with19
the procedures established by the governing authority. Members from East Baton20
Rouge Parish shall be appointed as provided in Subsection A of this Section. Except21
as provided in Paragraph (2) of this Subsection, all terms shall end on the third22
December thirty-first following the appointment.23
(2) The initial members of the board of commissioners shall be the members24
serving as the board of directors of the Capital Area Transit System on the effective25
date of this Chapter. The three with the longest remaining terms on that board of26
directors shall serve an initial term lasting until December 31, 2008, the three with27
the shortest remaining terms shall serve an initial term lasting until December 31,28
2006, and the other three shall serve an initial term lasting until December 31, 2007.29
The members of the board of commissioners in office on July 1, 2012, shall continue30 ENROLLEDHB NO. 865
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
to serve until the expiration of their terms. Vacancies that occur upon expiration of1
their terms or during their terms of office shall be filled as provided in Subsection2
A of this Section, with any members to be appointed pursuant to Subparagraphs3
(A)(1)(a) through (c) of this Section to be appointed in that order to the first4
vacancies that occur after July 1, 2012.5
* * *6
E. A member may be removed only for cause determined by the governing7
body of the appointing parish, except that a member appointed by the8
mayor-president of the city of Baton Rouge and parish of East Baton Rouge shall be9
removed only for cause determined by the mayor-president, a member appointed by10
the mayor of Baker shall be removed only for cause determined by the mayor of11
Baker, and a member appointed by the mayor of Zachary shall be removed only for12
cause determined by the mayor of Zachary. The board shall declare a member's13
office vacant upon the member's conviction of a felony or a plea of nolo contendere14
thereto. Further, a member shall be deemed to have abandoned his office upon15
failure to attend two of any three consecutive regularly scheduled meetings without16
an excuse approved by a resolution of the board at the next regular meeting, and a17
vacancy shall be deemed to exist in the member's office beginning at such time.18
* * *19
§1460. Powers20
The board, as governing authority of the system, shall have all powers21
necessary or convenient to accomplish the policy declared in this Chapter, including22
but not limited to:23
* * *24
(3) The power to acquire by purchase, lease, or donation, expropriation, or25
otherwise; to own; to use; and to sell, lease as lessor, transfer, or exchange, or26
otherwise dispose of any franchise, real or personal property, tangible or intangible27
property, or any interest therein.28
* * *29 ENROLLEDHB NO. 865
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(9) Subject to the approval of the appropriate parish governing authority, the1
(a) The exclusive power to determine the appropriate fares, rentals, and other2
charges for transportation provided to the public and to determine the appropriate3
routes, schedules, and other parameters for the provision of transportation services.4
The board may increase the regular fare by more than twenty-five percent in any5
twelve-month period only after a public hearing conducted in accordance with the6
Open Meetings Law.7
(b) Prior to taking action to change any regular fare as authorized in this8
Paragraph, the board shall provide written notice of its intended action to the9
governing authority of the parish or parishes in which the proposed change will be10
effective. Each such parish governing authority may hold a public hearing and adopt11
and submit to the board a recommendation concerning the proposed change. The12
board shall not take action on the proposed change until at least sixty days after13
transmittal of the notice required by this Subparagraph.14
* * *15
Section 2. This Act shall become effective on July 1, 2012; if vetoed by the governor16
and subsequently approved by the legislature, this Act shall become effective on July 1,17
2012, or on the day following such approval by the legislature, whichever is later.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: