2011 Louisiana Laws
Revised Statutes
TITLE 48 — Roads, bridges and ferries
RS 48:756 — Distribution formula

§756. Distribution formula

A.(1) The monies in the Parish Transportation Fund shall be distributed to the several parish governing authorities on a per capita basis in population categories, based on the population as determined by the latest federal decennial census or by the division of business and economic research of Louisiana Tech University under the most recent federal-state cooperative program for local population estimates, whichever is more recent, as follows:

Parish

Per Capita

Class

Population

Distribution

1

1 to 16,000

$13.32

2

16,001 to 45,000

10.82

3

45,001 to 100,000

8.32

4

100,001 to 200,000

7.32

5

200,001 to 400,000

5.57

6

400,001 and over

4.65

(2) Notwithstanding any other provision of this Part or any other law to the contrary, except the provisions contained in R.S. 48:761, no parish shall receive less than it received in the Fiscal Year 1972-1973. The funds provided hereunder shall be distributed to the parishes by the state treasurer in the amount of one-twelfth of their total entitlement in each calendar month of the fiscal year, unless the Legislative Audit Advisory Council notifies the state treasurer, by written resolution, to suspend the distribution of funds to any parish found to be in noncompliance with the statutory provisions comprising the Parish Transportation Fund.

(3) If funds are available for and appropriated to the Parish Transportation Fund in excess of the amount appropriated in Fiscal Year 1994-1995, such additional funds shall be distributed to the parishes on a per mile basis with the total miles of parish roads as determined by the Department of Transportation and Development for the year 1990. Each parish shall receive an amount based on that parish's total miles of road in proportion to total parish roads in the state. Parishes with a population of four hundred seventy-five thousand or greater shall participate in any distribution made under the provisions of this Paragraph based on the number of miles of roads and streets under their jurisdiction along with all other parishes. Funds received under the provisions of this Paragraph shall be distributed within each parish on the same basis, i.e., through a formula based on the number of miles of parish roads located in each district in the parish.

(4) Repealed by Acts 2011, No. 143, §2.

B.(1)(a) Any funds specifically appropriated for transportation purposes other than those provided for in Subsection A of this Section shall be credited to the Parish Transportation fund, after appropriating two and one-half percent of the amount allocated pursuant to this Section to the public transportation section of the Louisiana Department of Transportation and Development for the sole purpose of capital acquisition for the transit providers operating under 49 U.S.C. 5310 and 5311, and after providing a base amount of seventy-five thousand dollars each for mass transit purposes as defined in the Transportation Equity Act for the 21st Century (TEA 21), or its successor, as amended, to the parish or municipal governing authority of Orleans, Jefferson, Kenner, East Baton Rouge, Monroe, Alexandria, Lafayette, Lake Charles, Shreveport, St. Bernard, St. Charles, St. Tammany, and Terrebonne.

(b) In the event the appropriation in a fiscal year for mass transit purposes is at least eight million dollars but not more than ten million dollars, the base amount shall be one hundred thousand dollars. If such appropriation exceeds ten million dollars, the base amount shall be one hundred twenty-five thousand dollars.

(2) The balance credited to the fund after the appropriations and other provisions required by Paragraph B(1) of this Subsection shall be distributed as follows:

(a) Provided that Subparagraphs (b) and (c) of this Paragraph are applicable to them, one dollar per capita for each urbanized area as determined by the most current federal census for the parishes of Orleans, Jefferson, East Baton Rouge, Ouachita, Rapides, Lafayette, Calcasieu, Caddo, St. Bernard, St. Charles, St. Tammany, and Terrebonne.

(b) Plus an amount per passenger determined as follows:

Passengers per year

Amount

0-1,000,000

$0.50 per passenger

1,000,001-1,250,000

$500,000

1,250,001-5,000,000

$0.40 per passenger

5,000,001-6,666,666

$2,000,000

6,666,667-10,000,000

$0.30 per passenger

10,000,001-12,000,000

$3,000,000

12,000,001-25,000,000

$0.25 per passenger

25,000,001-34,722,223

$6,250,000

over 34,722,223

$0.10 per passenger

(c) Multiplied by the ratio of the operating income to the operating expense of the transit system.

(d) Repealed by Acts 2001, No. 780, §2, eff. July 1, 2001.

C. For purposes of Subsection B of this Section, the following terms shall have the following meanings:

(1) "Number of passengers" shall mean the annual total of the unlinked passenger trips, defined as the number of passengers who board public transportation vehicles, for each mode of service reported on that National Transit Database pursuant to 49 U.S.C. 5335.

(2) "Operating expenses" shall mean the total modal expenses for each mode of service reported on the National Transit Database pursuant to 49 U.S.C. 5335.

(3) "Operating revenue or income" shall mean any operating revenue or income, exclusive of federal and state funds, reported on the National Transit Database pursuant to 49 U.S.C. 5335, including total directly generated funds and total local funds.

D. Notwithstanding any other provision of this Part or any other law to the contrary, the distribution of funds provided for in Subsection B of this Section shall be credited to the parish governing authorities and municipal governing authorities herein enumerated as follows:

(1) Of the funds appropriated to the governing authority of Jefferson Parish, under the provisions of Subsection B of this Section, thirteen percent shall be distributed to the municipal governing authority of Kenner.

(2) All of the funds appropriated to the governing authority of Lafayette Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Lafayette.

(3) All of the funds appropriated to the governing authority of Calcasieu Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Lake Charles.

(4) All of the funds appropriated to the governing authority of Ouachita Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Monroe.

(5) All of the funds appropriated to the governing authority of Caddo Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Shreveport.

(6) All of the funds appropriated to the governing authority of Rapides Parish under the provisions of Subsection B of this Section shall be distributed to the municipal governing authority of the city of Alexandria.

E. Funds appropriated to the municipal governing authorities enumerated in Subsection D shall be used for purposes consistent with this Part.

F. Funds allocated for maintenance, repair, and construction of railroad crossings and off-system bridges or funds allocated as a match for federal funds to be used to maintain, repair, and construct railroad crossings and off-system bridges shall be allocated to the Department of Transportation and Development for administration and expenditure based on the number and cost of crossings or bridges in need of construction, repair, or maintenance throughout the state. The funds expended under the provisions of this Subsection shall be used exclusively in conjunction with federal match dollars and shall be used exclusively for the maintenance, repair, and construction of railroad crossings and off-system bridges.

G. Transit systems with nine or fewer bus waivers shall be exempt from the National Transit Database reporting requirements. These transit systems shall report data on the number of passengers, operating expenses, and operating revenue or income in accordance with the requirements of the current National Transit Database Reporting Manual. The data shall be reported by these transit systems to the Department of Transportation and Development.

Acts 1990, No. 221, §1; Acts 1995, No. 199, §1, eff. July 1, 1995; Acts 1995, No. 1167, §1, eff. July 1, 1995; Acts 1997, No. 1365, §1, eff. July 1, 1997; Acts 2001, No. 780, §§1 and 2, eff. July 1, 2001; Acts 2006, No. 640, §3, eff. June 27, 2006; Acts 2007, No. 478, §1; Acts 2009, No. 212, §1, eff. July 1, 2009; Acts 2011, No. 143, §§1, 2.