ENROLLED
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ACT No. 261
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.
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
* * *20
§502. Officers of the department; compensation for one office only21
A.(1) The officers of the department shall be the secretary, undersecretary,22
deputy secretary, chief engineer, assistant secretary of planning and programming,23
multimodal planning, and assistant secretary of operations , assistant secretary of24 ENROLLEDHB NO. 250
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public works and intermodal transportation, each of whom shall be selected and shall1
perform functions as provided in this Title.2
(2) The secretary, undersecretary, deputy secretary, assistant secretary of3
planning and programming, multimodal planning, assistant secretary of operations,4
assistant secretary of public works and intermodal transportation, executive director5
of the Offshore Terminal Authority, and such other positions which may be6
authorized by the State Civil Service Commission or the state constitution shall be7
the only unclassified positions in the Department of Transportation and8
Development. All other positions in the department shall be in the classified state9
service. The secretary shall fill such positions as in his opinion and judgment are10
necessary to the operation of the department in accordance with applicable rules and11
regulations of the State Civil Service Commission and applicable law.12
B. No person serving as a secretary, undersecretary, deputy secretary, chief13
engineer, assistant secretary of planning and programming, multimodal planning,14
assistant secretary of operations, or assistant secretary of public works and15
intermodal transportation, or in any other office in the department shall receive any16
additional salary from the state other than that salary which he receives by virtue of17
serving in any one of such offices. Any statewide elected official appointed to serve18
as a secretary or deputy secretary shall not receive any additional salary from the19
state other than that salary which he receives as a statewide elected official.20
* * *21
§508. Office of engineering; functions; chief engineer; powers and duties22
A. There is hereby created within the Department of Transportation and23
Development, the office of engineering, which shall administer engineering matters24
related to the state's highway program with respect to project development,25
construction, maintenance, and regulation of roads, highways, expressways, bridges,26
and related matters, and any other special highway engineering program as may be27
directed by the secretary. The office shall also administer the public works functions28
of the state related to flood and drainage control, reclamation, water resources, soil29
conservation, mapping, disaster relief, and related matters, the state's participation30 ENROLLEDHB NO. 250
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in the National Flood Insurance Program, 42 U.S.C. 4001 et seq., and other special1
programs as may be directed by the secretary.2
* * *3
§508.1. Office of planning and programming multimodal planning; functions;4
assistant secretary; powers and duties5
A. There is hereby created within the Department of Transportation and6
Development, the office of planning and programming multimodal planning, which7
shall administer the planning and programming matters of the department related to8
strategic and intermodal issues, highways, bridge and pavement management, data9
collection and analysis, congestion, safety, aviation, public transportation, public10
mass transit, railroad and water transportation systems, and related matters, and any11
other special programs as may be directed by the secretary.12
B. The office of planning and programming multimodal planning shall be13
under the immediate supervision of the assistant secretary, who shall be appointed14
by the governor and shall serve at the pleasure of the secretary. The assistant15
secretary shall be a competent engineer or an urban or regional transportation planner16
of recognized ability and standing who is familiar with the operations of public17
transportation departments and who, at a minimum, has earned a bachelor's degree.18
The assistant secretary shall give his whole time to the duties of his office.19
* * *20
E. The assistant secretary shall administer all department functions and21
duties for which the office of planning and programming multimodal planning is22
responsible. He shall also have such other duties as may be assigned to him by the23
secretary, by the provisions of this Chapter, or by the laws of this state. He shall24
report the proceedings of his office annually to the secretary of the department and25
at such other times as the secretary may designate, and he shall make any additional26
reports as are required by the secretary.27
F. The secretary is specifically authorized and empowered to perform any28
of the duties of the assistant secretary when the assistant secretary is absent or29
incapacitated or when in the opinion of the secretary it would be in the best interest30 ENROLLEDHB NO. 250
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of the department. The assistant secretary with approval of the secretary may1
designate a member of the senior staff in the office of planning and programming2
multimodal planning to perform any duties required of the assistant secretary.3
* * *4
Section 2. R.S. 36:508.3 is hereby repealed in its entirety.5
Section 3. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: