Louisiana § RS 48:1704 - Powers of the commission

§ RS 48:1704. Powers of the commission

A.  The commission is hereby declared to constitute and is declared to be a body politic and political subdivision of the state of Louisiana, as defined in Article VI, Section 44 of the Constitution of Louisiana.  The commission is hereby granted all of the rights, powers, privileges, and immunities granted to political subdivisions, including but not limited to the following:

(1)  To sue and be sued.  

(2)  To adopt, use, and alter at will a corporate seal.  

(3)  To initiate or coordinate research, studies, and gathering of information on the project, including but not limited to the following:

(a)  Engineering studies.  

(b)  Traffic flow and pattern studies.  

(c)  Environmental impact studies.  

(d)  Location of the proposed route.  

(e)  Feasibility of extending the project to the Arkansas border.  

(f)  Economic development impacts and benefits.  

(g)  Tourism development.  

(h)  Utility relocation.  

(i)  Right of way acquisition.  

(j)  Project construction cost/benefit ratio studies.  

(4)  To designate as the official depository of the commission, the Research Division, College of Administration and Business, Louisiana Tech University, for all research, analyses, and information relating to and about the project.  As such it is empowered to receive and preserve all information gathered by other parties pertaining to the project.  It shall also be the depository for maps, aerial photography, and other study and survey materials.  

(5)  To receive money from any public or private body which may desire to appropriate or donate such funds to be used to defray the expenses of the commission.  

(6)  To levy and cause to be collected any taxes, except ad valorem taxes, fees, or charges authorized under the constitution or laws of this state, which shall be limited to those taxes, fees, or charges that are commonly referred to as user fees or charges and which bear a relationship to the highway project or highway usage, including motor vehicle transfer fees and annual road use charges or license fees, and to pledge the proceeds of such levy to the reimbursement of debt service payments for bonds issued on the behalf of the commission by the state of Louisiana.  No tax, fee, or charge may be levied or imposed unless first approved by a majority of the commissioners from Webster, Red River, Sabine, and Bienville Parishes and by a majority of the qualified electors who vote in an election called for such purposes within the commission.  

(7)  To enter into a cooperative endeavor with the state, as authorized by Article VII, Section 14(C) of the Constitution of Louisiana, under which the state will agree to issue bonds for the completion of the project, and in return, the commission shall agree to reimburse the state for a portion of the total cost of said highway project, which portion shall not exceed twenty-five percent of the total cost to the state, from the revenues of the commission, for debt service payments of those bonds.  

B.  In furtherance of these purposes, the commission is specifically authorized to apply for, receive, and accept from any state or federal agency, local subdivision of this state, or private entity, any grant or contribution of either money, property, or other things of value to be held, used, and applied for purposes for which such grants and contributions may be made or for any other lawful purpose that the commission has expressly authorized herein.  

Acts 1991, No. 792, §1, eff. July 19, 1991.