Louisiana 2011 2011 Regular Session

Louisiana House Bill HB250 Engrossed / Bill

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Regular Session, 2011
HOUSE BILL NO. 250
BY REPRESENTATIVE MORRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION:  Restructures offices within DOTD
AN ACT1
To amend and reenact R.S. 36:501(C)(1), 502(A) and (B), 508(A), 508.1(A), (B), (E), and2
(F) and to repeal R.S. 36:508.3, relative to the Department of Transportation and3
Development; to rename the office of planning and programming within the4
Department of Transportation and Development; to eliminate the office of public5
works and intermodal transportation within the Department of Transportation and6
Development; to reassign duties of offices within the Department of Transportation7
and Development; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1.  R.S. 36:501(C)(1), 502(A) and (B), 508(A), 508.1(A), (B), (E), and (F)10
are hereby amended and reenacted to read as follows: 11
§501. Department of Transportation and Development; creation; domicile;12
composition; purposes and functions13
*          *          *14
C.(1)  The Department of Transportation and Development shall be15
composed of the executive office of the secretary, the office of management and16
finance, the office of engineering, the office of planning and programming17
multimodal planning, the office of operations, the office of public works and18
intermodal transportation, and such other offices as shall be created by law.19
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§502.  Officers of the department; compensation for one office only1
A.(1)  The officers of the department shall be the secretary, undersecretary,2
deputy secretary, chief engineer, assistant secretary of 	planning and programming,3
multimodal planning, and assistant secretary of operations, assistant secretary of4
public works and intermodal transportation, each of whom shall be selected and shall5
perform functions as provided in this Title.6
(2) The secretary, undersecretary, deputy secretary, assistant secretary of7
planning and programming, multimodal planning, assistant secretary of operations,8
assistant secretary of public works and intermodal transportation, executive director9
of the Offshore Terminal Authority, and such other positions which may be10
authorized by the State Civil Service Commission or the state constitution shall be11
the only unclassified positions in the Department of Transportation and12
Development. All other positions in the department shall be in the classified state13
service. The secretary shall fill such positions as in his opinion and judgment are14
necessary to the operation of the department in accordance with applicable rules and15
regulations of the State Civil Service Commission and applicable law.16
B. No person serving as a secretary, undersecretary, deputy secretary, chief17
engineer, assistant secretary of planning and programming, multimodal planning,18
assistant secretary of operations, or assistant secretary of public works and19
intermodal transportation, or in any other office in the department shall receive any20
additional salary from the state other than that salary which he receives by virtue of21
serving in any one of such offices. Any statewide elected official appointed to serve22
as a secretary or deputy secretary shall not receive any additional salary from the23
state other than that salary which he receives as a statewide elected official.24
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§508.  Office of engineering; functions; chief engineer; powers and duties26
A. There is hereby created within the Department of Transportation and27
Development, the office of engineering, which shall administer engineering matters28
related to the state's highway program with respect to project development,29 HLS 11RS-593	ENGROSSED
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construction, maintenance, and regulation of roads, highways, expressways, bridges,1
and related matters, and any other special highway engineering program as may be2
directed by the secretary.  The office shall also administer the public works functions3
of the state related to flood and drainage control, reclamation, water resources, soil4
conservation, mapping, disaster relief, and related matters, the state's participation5
in the National Flood Insurance Program, 42 U.S.C. 4001 et seq., and other special6
programs as may be directed by the secretary.7
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§508.1. Office of planning and programming multimodal planning; functions;9
assistant secretary; powers and duties10
A. There is hereby created within the Department of Transportation and11
Development, the office of planning and programming multimodal planning, which12
shall administer the planning and programming matters of the department related to13
strategic and intermodal issues, highways, bridge and pavement management, data14
collection and analysis, congestion, safety, aviation, public transportation, public15
mass transit, railroad and water transportation systems, and related matters, and any16
other special programs as may be directed by the secretary.17
B. The office of planning and programming multimodal planning shall be18
under the immediate supervision of the assistant secretary, who shall be appointed19
by the governor and shall serve at the pleasure of the secretary.  The assistant20
secretary shall be a competent engineer or an urban or regional transportation planner21
of recognized ability and standing who is familiar with the operations of public22
transportation departments and who, at a minimum, has earned a bachelor's degree.23
The assistant secretary shall give his whole time to the duties of his office.24
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E.  The assistant secretary shall administer all department functions and26
duties for which the office of planning and programming multimodal planning is27
responsible.  He shall also have such other duties as may be assigned to him by the28
secretary,  by the provisions of this Chapter, or by the laws of this state.  He shall29 HLS 11RS-593	ENGROSSED
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report the proceedings of his office annually to the secretary of the department and1
at such other times as the secretary may designate, and he shall make any additional2
reports as are required by the secretary.3
F. The secretary is specifically authorized and empowered to perform any4
of the duties of the assistant secretary when the assistant secretary is absent or5
incapacitated or when in the opinion of the secretary it would be in the best interest6
of the department. The assistant secretary with approval of the secretary may7
designate a member of the senior staff in the office of planning and programming8
multimodal planning to perform any duties required of the assistant secretary.9
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Section 2.  R.S. 36:508.3 is hereby repealed in its entirety.11
Section 3. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
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)]
Morris	HB No. 250
Abstract: Restructures offices within the Dept. of Transportation and Development.
Present law provides that DOTD shall be composed of several offices including the office
of planning and programming and the office of public works and intermodal transportation.
Proposed law renames the office of planning and programming as the office of multimodal
planning.
Proposed law eliminates the office of public works and intermodal transportation and
transfers its duties to the office of multimodal planning and the office of engineering.
Present law provides for the officers of DOTD to include an assistant secretary of planning
and programming and an assistant secretary of public works and intermodal transportation.
Proposed law renames the assistant secretary of planning and programming as the assistant
secretary of multimodal transportation. HLS 11RS-593	ENGROSSED
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Proposed law eliminates the position of assistant secretary of public works and intermodal
transportation and provides for his duties to be completed by the chief engineer and the
assistant secretary of multimodal planning.
Proposed law provides that the duties of the office of public works and intermodal
transportation relating to the public works functions of the state related to flood and drainage
control, reclamation, water resources, soil conservation, mapping, disaster relief, and the
National Flood Insurance Program will be under the auspices of the office of engineering.
Proposed law provides that the duties of the office of public works and intermodal
transportation relating to aviation, public transportation, public mass transit, and railroad and
water transportation systems will be under the auspices of the office of the multimodal
planning.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 36:501(C)(1), 502(A) and (B), 508(A), 508.1(A), (B), (E), and (F); Repeals
R.S. 36:508.3)