RS 48:1460

§1460. Powers 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.