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Regular Session, 2014
SENATE BILL NO. 389
BY SENATOR CHABERT
TRANSPORTATION/DEV DEPT. Provides relative to jurisdiction and authority over, and
administration of, state multimodal transportation. (8/1/14)
AN ACT1
To amend and reenact R.S. 48:2072(A), 2077(1), (9), and (24), and 2078(A), (C), and (E),2
relative to multimodal transportation; to provide for jurisdiction and authority over,3
and administration of, state multimodal transportation; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 48:2072(A), 2077(1), (9), and (24), and 2078(A), (C), and (E) are7
hereby amended and reenacted to read as follows: 8
§2072. Purpose; legislative findings9
A. The legislature hereby finds and declares that the development,10
construction, improvement, expansion, and maintenance of an efficient, safe, and11
well-maintained intermodal multimodal transportation system is essential to12
promote Louisiana's economic growth and the ability of business and industry to13
compete in regional, national, and global markets and to provide a high quality of life14
for the people of this state.15
* * *16
§2077. Jurisdiction; powers of authority17 SB NO. 389
SLS 14RS-782 ORIGINAL
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words in boldface type and underscored are additions.
The authority may exercise powers necessary, appurtenant, convenient, or1
incidental to the carrying out of its purposes, including but not limited to the2
following rights and powers:3
(1) The authority may adopt rules and regulations in accordance with the4
Administrative Procedure Act, subject to oversight by the House and Senate5
Transportation, Highways and Public Works Committees transportation, highways6
and public works committees, necessary to carry out the purposes of the authority,7
for the governance of its affairs, and for the conduct of its business.8
* * *9
(9) To acquire public or private lands in the name of the authority by10
purchase, donation, exchange, foreclosure, lease, or otherwise, including rights or11
easements, or by the exercise of the power of eminent domain in the manner12
hereinafter provided, as it may deem necessary for carrying out the provisions of this13
Chapter.14
* * *15
(24) To administer and disburse the funds deposited into the Transportation16
Mobility Fund. Such funds shall be used solely to fund projects which qualify for17
funding according to the provisions of R.S. 48:2112 and shall not be disbursed or18
used by the authority for any other purpose. Additionally, the funds deposited into19
the Transportation Mobility Fund shall not be commingled with any other funds20
administered by the Louisiana Transportation Authority authority.21
* * *22
§2078. State-designated projects; department approval23
A. The authority may, upon obtaining the approval of the department24
Department of Transportation and Development, undertake a state-designated25
project as a project under this Chapter.26
* * *27
C. The department shall serve as the agent for the authority for the purpose28
of constructing and completing improvements and extensions to a state-designated29 SB NO. 389
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project. In such that event, the authority shall provide the department with complete1
copies of all documents, agreements, resolutions, contracts, and instruments relating2
thereto; shall request the department to do such construction work, including the3
planning, surveying, and actual construction of the completion, extensions, and4
improvements thereto; and shall transfer to the credit of an account of the department5
in the state treasury the necessary funds therefor. The department shall thereupon6
proceed with such construction and use the funds for such purpose in the same7
manner as it is now authorized to use the funds otherwise provided by law for its use8
in the construction of roads and bridges.9
* * *10
E. Notwithstanding any other law to the contrary, the authority organized11
pursuant to the provisions of this Chapter shall have full power to carry out all of the12
powers and duties set forth in this Chapter, without the necessity of obtaining the13
approval or consent of the state, or any state agency, political subdivision, district,14
authority, or other public entity except as expressly provided for in this Chapter.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Chabert (SB 389)
Present law, relative to multimodal transportation and the Louisiana Transportation
Authority, provides that:
(1)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.
(2)The authority may exercise powers necessary, appurtenant, convenient, or incidental
to the carrying out of its purposes, including but not limited to:
(a)Adopting rules and regulations in accordance with the APA, 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.
(b)Acquiring 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 present law. SB NO. 389
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words in boldface type and underscored are additions.
(c) Administering and disbursing the funds deposited into the Transportation
Mobility Fund which funds shall be used solely to fund projects which
qualify for funding according to present law and shall not be disbursed or
used by the authority for any other purpose. Further, the funds deposited into
the Transportation Mobility Fund shall not be commingled with any other
funds administered by the authority.
Proposed law makes technical revisions. Otherwise retains present law.
Present law, regarding state-designated projects, provides that the authority may, upon
obtaining the approval of DOTD, undertake a state-designated project. Provides that DOTD
shall serve as the agent for the authority for the purpose of constructing and completing
improvements and extensions to such project. In such event, the authority shall provide
DOTD with complete copies of all documents, agreements, resolutions, contracts, and
instruments relating thereto; shall request DOTD 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 DOTD in the state
treasury the necessary funds therefor. Then DOTD shall 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. Provides that
notwithstanding any other law to the contrary, the authority shall have full power to carry
out all of the powers and duties set forth in present law, 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 present law.
Proposed law make technical revisions. Otherwise retains present law.
Effective August 1, 2014.
(Amends R.S. 48:2072(A), 2077(1), (9), and (24), and 2078(A), (C), and (E))