HLS 24RS-1066 ENGROSSED
2024 Regular Session
HOUSE BILL NO. 760
BY REPRESENTATIVE STAGNI
TRANSPORTATION: Provides relative to the Regional Transit Authority
1 AN ACT
2To amend and reenact R.S. 48:1653(1) and (17), 1655(E)(3), 1661, and 1665(B) and to enact
3 R.S. 48:1655(E)(4), relative to the Regional Transit Authority; to provide for the
4 withdrawal from the authority by a participant; to provide for an effective date; and
5 to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 48:1653(1) and (17), 1655(E)(3), 1661, and 1665(B) are hereby
8amended and reenacted and R.S. 48:1655(E)(4) is hereby enacted to read as follows:
9 §1653. Definitions; terms defined
10 For purposes of this Chapter, the following words have the meanings ascribed
11 to them by this Section, except where the context clearly indicates otherwise:
12 (1) "Authority" means the Regional Transit Authority which shall be
13 composed of the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and such
14 other adjacent parishes as may elect to participate in accordance with the provisions
15 of this Chapter.
16 * * *
17 (17) "Regional area" means the jurisdictional area of the authority
18 comprising the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and such
19 other adjacent parishes as may elect to participate, but excluding the territory of any
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-1066 ENGROSSED
HB NO. 760
1 local government which may decline membership on the board or withdraw from the
2 authority as hereinafter provided.
3 §1655. Board of commissioners; membership; terms
4 * * *
5 E.
6 * * *
7 (3) Thereupon such parish shall be a participant in the authority and its rights
8 and responsibilities shall, insofar as possible, be the same as if it had participated in
9 the authority from its beginning, provided that said parish shall assume its pro rata
10 share of the then current expenses of the authority, as determined by the authority.
11 By virtue of their participation in the authority, whether initially or subsequently by
12 board approval, all participating parishes concur fully and accept without reservation,
13 the exclusive rights and power of the authority as stated herein, and further agree and
14 obligate themselves to remain in the authority until all outstanding obligations of the
15 authority are liquidated or until the authority is abolished, whichever occurs first.
16 (4) A participating parish may, by resolution of its local governing body,
17 withdraw from participation in the authority. The withdrawal shall be effective
18 forty-five days following the authority's receipt of the resolution. Thereafter, the
19 authority shall have no jurisdiction within that parish.
20 * * *
21 §1661. Eminent domain
22 The authority shall have no power of eminent domain, but the city of New
23 Orleans and the participating parishes of Orleans, Jefferson, and St. Bernard, for
24 purposes of the authority, may exercise the broadest power of eminent domain
25 permissible under the laws of this state; however, no local governing body shall
26 exercise any power of eminent domain hereunder with respect to property located
27 beyond its territorial limits, nor shall it expropriate any business enterprise or any of
28 its assets for the purpose of operating that enterprise or halting competition with a
29 government enterprise.
30 * * *
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-1066 ENGROSSED
HB NO. 760
1 §1665. Participation by local government; alternative methods of financing
2 * * *
3 B. Within thirty days of the effective date of this Act, the governing
4 authority of each parish situated within the territory of the authority shall certify by
5 resolution whether or not it desires to participate in the authority. Should the
6 governing body of the parish fail to adopt such a resolution, the parish shall be
7 deemed to have declined participation in the authority. Within forty-five days of the
8 effective date of this Act, the board shall be appointed in accordance with the
9 provisions of this Chapter. After the board shall have been appointed in accordance
10 with Section 1655 of this Chapter any parish eligible to participate may apply for
11 membership to the board in accordance with rules promulgated by the board. The
12 board, with the approval of the local governing body of each of the participating
13 parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and such other adjacent
14 parishes as may elect to participate, subject to such the limitations as are hereinafter
15 set forth in this Section, shall determine the extent of financial participation and the
16 time or times such financial participation may be required with respect to each of the
17 local governments in order to finance provisions for a rapid transit system through
18 the joint instrumentality of the authority. If such determination contemplates a
19 contractual obligation on the part of a local government to make payments to the
20 authority over a period of time exceeding one year or to issue any bonds or other
21 obligations evidencing indebtedness, such determination shall take the form of a
22 rapid transit contract to be entered into between the authority and the local
23 government. The final execution of a rapid transit contract shall be completed in
24 every instance in the manner hereinafter set forth in this Section.
25 * * *
26 Section 2. This Act shall become effective upon signature by the governor or, if not
27signed by the governor, upon expiration of the time for bills to become law without signature
28by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-1066 ENGROSSED
HB NO. 760
1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following the approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 760 Engrossed 2024 Regular Session Stagni
Abstract: Modifies provisions under the Regional Transit Authority to authorize parishes
to withdraw from the authority. Further, clarifies that participating parishes may
exercise eminent domain subject to certain requirements.
Present law defines "authority" as the Regional Transit Authority (RTA) which is to be
composed of the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and such other
adjacent parishes as may elect to participate in accordance with the provisions of this
Chapter.
Proposed law removes the parishes that the RTA is to be composed of from present law.
Present law defines "regional area" as 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.
Proposed law retains present law and adds the option for any parish or local government to
withdraw from the authority.
Present law specifies that such parishes must be a participant in the authority and its rights
and responsibilities must, insofar as possible, be the same as if it had participated in the
authority from its beginning, provided that said parish assume its pro rata share of the then
current expenses of the authority, as determined by the authority. Present law further
specifies, by virtue of their participation in the authority, whether initially or subsequently
by board approval, all participating parishes concur fully and accept without reservation, the
exclusive rights and power of the authority as stated herein, and further agree and obligate
themselves to remain in the authority until all outstanding obligations of the authority are
liquidated or until the authority is abolished, whichever occurs first.
Proposed law removes from present law the requirement that by virtue of their participation
in the authority, whether initially or subsequently by board approval, all participating
parishes concur fully and accept without reservation, the exclusive rights and power of the
authority as stated in present law, and further agree and obligate themselves to remain in the
authority until all outstanding obligations of the authority are liquidated or until the authority
is abolished, whichever occurs first.
Proposed law authorizes a participating parish, by resolution of its local governing body, to
withdraw from participation in the authority. Specifies that the withdrawal will be effective
45 days following the authority's receipt of the resolution. Additionally, specifies that after
such withdrawal the authority will not have any jurisdiction within that parish.
Present law specifies that the authority has no power of eminent domain, but authorizes the
city of New Orleans and the parishes of Orleans, Jefferson, and St. Bernard, for purposes of
the authority, to exercise the broadest power of eminent domain; however, no local
governing body may exercise any power of eminent domain with respect to property located
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-1066 ENGROSSED
HB NO. 760
beyond its territorial limits, nor may it expropriate any business enterprise or any of its assets
for the purpose of operating that enterprise or halting competition with a government
enterprise.
Proposed law modifies present law by removing Orleans, Jefferson and St. Bernard parishes
and instead references "participating parishes".
Present law specifies that within 30 days of the effective date of this Act, the governing
authority of each parish situated within the territory of the authority must certify by
resolution whether or not it desires to participate in the authority. Further specifies that if
the governing body of the parish fail to adopt such a resolution, the parish will be deemed
to have declined participation in the authority.
Proposed law modifies present law by changing board approval of the local governing body
of each parish to each of the participating parishes.
Further removes Orleans, Jefferson and St. Bernard parishes from present law.
(Amends R.S. 48:1653(1) and (17), 1655(E)(3), 1661, and 1665(B); Adds R.S.
48:1655(E)(4))
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.