reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2171. Purpose; findings; determinations

RS 48:2171 - Purpose; findings; determinations
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2173. Creation of compacts; jurisdiction

RS 48:2173 - Creation of compacts; jurisdiction
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2174. Liability

RS 48:2174 - Liability
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2175. Directors

RS 48:2175 - Directors
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2176. Compensation of directors

RS 48:2176 - Compensation of directors
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2177. Conflict of interest; ethics code

RS 48:2177 - Conflict of interest; ethics code
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2178. Right of public agencies to material

RS 48:2178 - Right of public agencies to material
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2179. Establish feasibility; prior written approval

RS 48:2179 - Establish feasibility; prior written approval
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2181. State-designated projects; department approvals

RS 48:2181 - State-designated projects; department approvals
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2182. Acquisition of lands and property

RS 48:2182 - Acquisition of lands and property
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2183. Public utilities

RS 48:2183 - Public utilities
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2184. Levy special benefit assessments

RS 48:2184 - Levy special benefit assessments
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2185. Local option

RS 48:2185 - Local option
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2186. Contracts; construction and law enforcement

RS 48:2186 - Contracts; construction and law enforcement
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2188. Chapter supplemental; liberal construction

RS 48:2188 - Chapter supplemental; liberal construction
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2192. Classification of carriers

RS 48:2192 - Classification of carriers
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2193. Transportation network company permits

RS 48:2193 - Transportation network company permits
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2195. Fare transparency

RS 48:2195 - Fare transparency
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2196. Identification of transportation network company vehicles and drivers

RS 48:2196 - Identification of transportation network company vehicles and drivers
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2197. Electronic receipt

RS 48:2197 - Electronic receipt
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2198. Zero tolerance policy

RS 48:2198 - Zero tolerance policy
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2199. Transportation network company driver requirements

RS 48:2199 - Transportation network company driver requirements
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2200. Prohibitions

RS 48:2200 - Prohibitions
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2201. Nondiscrimination; accessibility

RS 48:2201 - Nondiscrimination; accessibility
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2202. Records

RS 48:2202 - Records
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2203. Audit procedures; confidentiality of records

RS 48:2203 - Audit procedures; confidentiality of records
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2205. Controlling authority

RS 48:2205 - Controlling authority
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2211. Financial security for surviving spouses and children of employees; death due to hazardous situation; liability waiver

RS 48:2211 - Financial security for surviving spouses and children of employees; death due to hazardous situation; liability waiver
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.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:1. Gulfward boundary

RS 49:1 - Gulfward boundary
A. The historic gulfward boundary of the state of Louisiana extends a distance into the Gulf of Mexico three marine leagues from the coastline. For the purposes of this Part, "three marine leagues" is equal to nine geographic miles or 10.357 statute miles.
B. The coastline of Louisiana shall be the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and shall be not less than the baseline defined by the coordinates set forth in
United States v. Louisiana
, 422 U.S. 13 (1975), Exhibit "A". Under no circumstances shall the coastline of Louisiana be nearer inland than the baseline established by such coordinates.
C. No provision of this Section shall be construed to relinquish any dominion, sovereignty, territory, property, or rights of the state of Louisiana or its political subdivisions otherwise provided by law.
Amended by Acts 1954, No. 33, §1, eff. June 21, 1954; Acts 2011, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:2. Sovereignty over waters within boundaries

RS 49:2 - Sovereignty over waters within boundaries
A. Subject to the right of the government of the United States to regulate foreign and interstate commerce under Section 8 of Article 1 of the Constitution of the United States, and to the power of the government of the United States over cases of admiralty and maritime jurisdiction under Section 2 of Article 3 of the Constitution of the United States, and the powers of the United States Coast Guard as provided by law to patrol and protect the navigable waters of the United States in the Gulf of Mexico, the state of Louisiana has full sovereignty over all of the waters of the Gulf of Mexico and of the arms of the Gulf of Mexico within the boundaries of Louisiana, and over the beds and shores of the Gulf and all arms of the Gulf within the boundaries of Louisiana.
B. The state of Louisiana shall be entitled to all the lands, minerals and other natural resources underlying the Gulf of Mexico, extending seaward from its coastline for a distance of three marine leagues.
Acts 2011, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:3. Ownership of waters within boundaries

RS 49:3 - Ownership of waters within boundaries
The State of Louisiana owns in full and complete ownership the waters of the Gulf of Mexico and of the arms of the Gulf and the beds and shores of the Gulf and the arms of the Gulf, including all lands that are covered by the waters of the Gulf and its arms either at low tide or high tide, within the boundaries of Louisiana.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:3.1. Legislative intent and purpose

RS 49:3.1 - Legislative intent and purpose
A. The gulfward boundary of the state of Louisiana historically consists of three marine leagues, and it is the intent of the Legislature of Louisiana that this historic gulfward boundary be recognized and enforced as law.
B. The unequal gulfward boundaries of Gulf Coast states set forth by the United States Supreme Court in
United States of America v. States of Louisiana, Texas, Mississippi, Alabama, and Florida
, 363 U.S. 1 (1960), have resulted in (1) economic disparity and hardship for Louisiana citizens and entities; (2) economic loss to the state of Louisiana and its political subdivisions; and (3) the inability of the state of Louisiana and its political subdivisions to fully exercise their powers and duties under the federal and state constitutions and state laws and ordinances, including but not limited to protection and restoration of coastal lands, waters, and natural resources, and regulation of activities affecting them.
C. It is the further intent of the Legislature of Louisiana that, in light of the continuing effects of coastal erosion, subsidence, and land loss, the coastline of Louisiana should be recognized as consisting of at least and not less than that coastline defined by the coordinates set forth in
United States v. Louisiana
, 422 U.S. 13 (1975), Exhibit "A".
D. Notwithstanding any provision of law to the contrary, the jurisdiction of the state of Louisiana or any political subdivision thereof shall not extend to the boundaries recognized herein until the U.S. Congress acknowledges the boundary described herein by an Act of Congress or any litigation resulting from the passage of Acts 2011, No. 336 with respect to the legal boundary of the state is resolved and a final non-appealable judgment is rendered.
Acts 2011, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:4. Water boundary between Louisiana and Mississippi

RS 49:4 - Water boundary between Louisiana and Mississippi
The water boundary between the States of Louisiana and Mississippi from the mouth of the Pearl river to the Gulf of Mexico is fixed by the decree of the Supreme Court of the United States in the suit of Louisiana versus Mississippi, and marked and buoyed so as to be reasonably permanent and so as to make the location of the line reasonably plain and apparent to those navigating these waters.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:5. Penalty for interference with marks or buoys

RS 49:5 - Penalty for interference with marks or buoys
Whoever injures, mutilates, destroys, interferes with or removes any of the marks or buoys located, placed, anchored or moored, under the provisions of R.S. 49:4, shall be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned for not less than one year, nor more than five years, or both.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:6. Gulfward boundary of coastal parishes

RS 49:6 - Gulfward boundary of coastal parishes
A. The gulfward boundaries of the coastal parishes of the state of Louisiana situated east of the Mississippi River extend from the outer land terminus of their common boundary due east, true bearing, to the outer gulfward boundary of the state of Louisiana, and the gulfward boundaries of the coastal parishes situated west of the Mississippi River extend from the outer land termini of their common boundaries due south, true bearing, to the outer gulfward boundary of the state of Louisiana, and the gulfward boundary of all said coastal parishes extend coextensively with the gulfward boundary of the state of Louisiana.
B. The interior or inland boundaries of all coastal parishes shall remain as now existing or fixed by applicable state laws.
Acts 1954, No. 32, §§1, 2, eff. June 21, 1964.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:21. Suits to prevent encroachment on state's rights

RS 49:21 - Suits to prevent encroachment on state's rights
Special counsel shall be employed to preserve and protect the powers reserved to the State of Louisiana by the tenth amendment to the Constitution of the United States, by means of the institution of suits in the name of the State of Louisiana to prevent any governmental agency, including corporations with corporate authority only as approved by the President of the United States, established by the Congress or by the President of the United States under the provisions of any law or resolution of the Congress of the United States, and any officer, agent, or employee thereof, from exercising in this State any power not delegated to the United States by the Constitution of the United States, but reserved by the Constitution of the United States to the State of Louisiana, or expending any public funds, appropriated or made available by the Congress, in the exercise or attempted exercise of that power.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:41. §§41 to 45 Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.

RS 49:41 - §§41 to 45 Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:71. Purpose

RS 49:71 - Purpose
The legislature declares that the operation of open and responsible government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely their opinions on actions of the executive branch. To preserve and maintain the integrity of executive branch action and state government, the legislature also declares it is necessary that the identity of persons who attempt to influence actions of the executive branch and certain expenditures by those persons be publicly disclosed.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:73. Persons to whom applicable; exceptions

RS 49:73 - Persons to whom applicable; exceptions
Except as otherwise provided in this Part relative to a principal or employer of a lobbyist, the provisions of this Part shall apply only to persons who are lobbyists as defined in R.S. 49:72. The provisions of this Part shall not apply to an elected or appointed public official or any designee of such an official, when such designee is a public employee and when such elected or appointed official or public employee is acting in the performance of his or her official public duties.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2008, No. 769, §2, eff. July 6, 2008.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:75. Reports and statements under oath

RS 49:75 - Reports and statements under oath
A.(1) All reports, registrations, and statements required under this Part shall include a certification of accuracy by the person responsible for filing the report, registration, or statement that the information contained in the report, registration, or statement is true and correct to the best of his knowledge, information, and belief; that no reportable expenditures have been made that are not included therein as required by law; and that no information required by this Part has been deliberately omitted.
(2) Except as otherwise specifically provided in this Part, reports, registrations, and statements required under this Part shall be filed by mailing said documents through the United States Postal Service, delivering by hand or through a commercial delivery service, or by transmitting by facsimile or electronic transfer.
B. All reports, registrations, and forms filed with the ethics board shall be maintained as public records and shall be made available for public inspection. The ethics board may charge a reasonable amount for copies of such reports.
Acts 2004, No. 116, §2, eff. Jan. 1, 2005; Acts 2008, 1st Ex. Sess., No. 13, §2, eff. Jan. 1, 2009.
NOTE: See Acts 2004, No. 116, §§4 and 5, re implementation, administration, and effectiveness.