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Regular Session, 2011
SENATE BILL NO. 179
BY SENATOR HEITMEIER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION/DEV DEPT. Creates a board to operate and manage the Crescent
City Connection Division of the Department of Transportation and Development. (7/1/11)
AN ACT1
To amend and reenact R.S. 36:504(A)(9) and 508.2(A) and R.S. 48:1101.1(A), and to enact2
R.S. 36:509(W) and 801.24, and Part VI-E of Chapter 1 of Title 48 of the Louisiana3
Revised Statutes of 1950, to be comprised of R.S. 48:110.1 through 110.4, and to4
repeal R.S. 47:820.5.3, relative to the Crescent City Connection Division of the5
Department of Transportation and Development; to create a board to administer,6
operate, and manage all matters related to the operation of the Crescent City7
Connection Division of the Department of Transportation and Development; to8
provide for membership, powers, and duties of the board; to abolish the Crescent9
City Connection Oversight Authority; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 36:504(A)(9) and 508.2(A) are hereby amended and reenacted and12
R.S. 36:509(W) and 801.24 are hereby enacted to read as follows:13
§504. Powers and duties of secretary of transportation and development14
A. In addition to the functions, powers, and duties otherwise vested in the15
secretary by law, he shall:16
* * *17 SB NO. 179
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(9) Have absolute control over Act as the sole agent of the state, or appoint1
subordinates within the department to act, for the Mississippi River Bridge2
Authority including but not limited to those responsibilities provided in R.S.3
48:1101.1, all as directed by the Crescent City Connection Management Board4
(R.S. 48:110.1-110.4).5
* * *6
§508.2. Office of operations; functions; assistant secretary, powers and duties7
A. (1) There is hereby created within the Department of Transportation and8
Development, the office of operations, which shall administer all matters related to9
the operations of the department's district offices, the Crescent City Connection10
Division, the Sunshine Bridge, and other matters as may be directed by the secretary.11
(2) The office of operations shall also administer matters related to the12
operations of the Crescent City Connection Division as directed by the Crescent13
City Connection Management Board (R.S. 48:110.1-110.4) or by the secretary14
at the direction of such board.15
* * *16
§509. Transfer of agencies to Department of Transportation and Development17
* * *18
W. The Crescent City Connection Management Board (R.S. 48:110.1-19
110.4) is placed within the Department of Transportation and Development and20
shall exercise and perform its powers, duties, functions and responsibilities in21
the manner provided for agencies transferred in accordance with the provisions22
of R.S. 36:801.24.23
* * *24
§801.24. Transfer; Crescent City Connection Management Board25
The agency transferred by the provisions of R.S. 36:509(W) shall be26
transferred as provided in R.S. 36:801, except that the secretary of the27
Department of Transportation and Development shall provide to the board such28
assistance as is necessary for the board to perform its functions as provided by29 SB NO. 179
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law and the secretary shall administer and implement all programs provided1
or authorized by the board for the administration of all matters related to the2
Crescent City Connection Division of the Department of Transportation and3
Development at the direction of and in accordance with the policies, rules, or4
regulations established by the board for such purpose.5
Section 2. R.S. 48:1101.1(A) is hereby amended and reenacted and Part VI-E. of6
Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950, comprised of R.S. 48:110.17
through 110.4, is hereby enacted to read as follows:8
§1101.1. Crescent City Connection police9
A. The secretary of the Department of Transportation and Development may,10
at his discretion subject to the direction of the Crescent City Connection11
Management Board, appoint, fix salaries of, and pay bridge police in accordance12
with Department of State Civil Service regulations. Subject to the direction of the13
Crescent City Connection Management Board, The the secretary may make and14
amend rules and regulations for the conduct, management, and control of such15
police.16
* * *17
PART VI-E18
CRESCENT CITY CONNECTION MANAGEMENT BOARD19
§110.1. Crescent City Connection Management Board; creation; purpose20
A. The Crescent City Connection Management Board, hereinafter21
referred to as the "board", is hereby created.22
B. The object and purpose of the board shall be, beginning November23
1, 2011, to do the following:24
(1) Establish policy and direct the actions of the secretary of the25
Department of Transportation and Development relative to the Mississippi26
River Bridge Authority.27
(2) Establish policy and direct the actions of the secretary of the28
Department of Transportation and Development, or the department's office of29 SB NO. 179
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operations, in the administration, operation, and management of all matters1
related to the Crescent City Connection Division of the Department of2
Transportation and Development, hereinafter referred to as the "CCCD".3
§110.2. Crescent City Connection Management Board; appointment;4
qualifications; term5
A. The board shall be composed of the secretary of the Department of6
Transportation and Development or his designee and eight members appointed7
as provided for in this Section:8
(1) One member with experience in law enforcement, homeland security,9
or traffic management nominated for appointment by the New Orleans Police10
Department, the Jefferson Parish Sheriff's Office, the Gretna Police11
Department, the Westwego Police Department, and the Plaquemines Parish12
Sheriff's Office.13
(2) One member who is a traffic engineer licensed in Louisiana and in14
good standing nominated for appointment by The Greater Jefferson Chamber15
of Commerce.16
(3) One member who is a certified public accountant licensed in17
Louisiana and in good standing nominated for appointment by the Algiers18
Economic Development Foundation, Inc. and the New Algiers Council of19
Neighborhood Presidents, Inc.20
(4) One member who is a bridge or structural engineer licensed in21
Louisiana and in good standing nominated for appointment by the Harvey22
Canal Industrial Association.23
(5) One member nominated for appointment by Friends of the Ferry of24
New Orleans.25
(6) One member nominated for appointment by Greater New Orleans,26
Inc.27
(7) One member nominated for appointment by the Regional Planning28
Commission.29 SB NO. 179
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(8) One member nominated for appointment by the Plaquemines1
Association of Business and Industry.2
B. (1) Each nominating group or organization shall submit the names of3
at least three persons to the governor. All nominating groups or organizations4
shall submit their list of persons nominated to the governor no later than5
September 1, 2011. If a nominating group or organization fails to timely submit6
a list of names, the governor shall make the appointment subject to professional7
qualification, if applicable.8
(2) The first term of each board member's appointment shall be from9
October 1, 2011 to December 31, 2012. Each term thereafter shall be for four10
years.11
(3) All gubernatorial appointments shall be subject to Senate12
confirmation.13
(4) Appointments made to replace members shall be made by the same14
nominating procedure and in the same manner as for the member replaced.15
(5) No member shall serve more than two consecutive terms.16
C. The secretary of the Department of Transportation and Development17
or his designee shall serve as chairman of the board unless the board elects a18
chairman; however, the first meeting of the board shall be called by the19
secretary and held not later than October 15, 2011.20
§110.3. Crescent City Connection Management Board; meetings; quorum;21
compensation22
A. The board shall meet quarterly, at a minimum, and may meet more23
frequently upon the call of the chairman or upon a majority vote of the24
members. Meetings may be held at the offices of the CCCD or any other25
location approved by majority vote of the board members.26
B. The board shall report its business to the House and Senate27
Committees on Transportation, Highways and Public Works annually28
beginning in 2012 not later than thirty days following the convening of the29 SB NO. 179
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Regular Session of the Louisiana Legislature.1
C. A majority of the board members shall constitute a quorum for the2
transaction of official business. All official actions of the board shall require an3
affirmative vote of the members present and voting at any meeting.4
D. Board members shall not receive any salary, per diem, or other5
compensation for the performance of their duties, and shall not be reimbursed6
for mileage or other expenses incurred for attendance at meetings of or on7
behalf of the board.8
§110.4. Crescent City Connection Management Board; functions9
A. The board shall direct the actions of the secretary of the Department10
of Transportation and Development relative to the Mississippi River Bridge11
Authority including but not limited to those responsibilities provided in R.S.12
48:1101.1.13
B. The board shall establish policy and direct the actions of the secretary14
of the Department of Transportation and Development, or the department's15
office of operations, in the administration, operation, and management of all16
matters related to the CCCD, including but not limited to, directing the17
secretary and the office with respect to the following actions:18
(1) The improvement and maintenance of ferry operations and the19
Crescent City Connection bridges.20
(2) The appointment of executive management officers for the division.21
(3) The development and implementation of efficient and effective toll22
collection systems and routes for CCCD ferries, including ferry pedestrian23
passengers.24
(4) Obtaining alternative sources of funding.25
(5) The development of a plan for the cessation or continuation of bridge26
and ferry tolls.27
(6) The development of a plan for the cessation or continuation of ferry28
operations.29 SB NO. 179
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(7) Developing alternative means to finance any unfinished project1
enumerated in R.S. 47:820.5.2
(8) The prioritization of any unfinished project enumerated in R.S.3
47:820.5 from remaining funds after all operation and maintenance expenses4
of the bridges and ferries under the Crescent City Connection Division of the5
Department of Transportation and Development have been paid.6
(9) The operation and maintenance of the Crescent City Connection7
bridge as a toll-free bridge as part of the state highway system.8
(10) The development and implementation of a cost reduction plan to9
consolidate CCCD resources, staff, and services.10
(11) Determining the feasibility of the continuation of the Crescent City11
Connection police force and alternative bridge and ferry police enforcement.12
Section 3. R.S. 47:820.5.3 is hereby repealed, effective September 30, 2011, upon13
which date the Crescent City Connection Oversight Authority is abolished and the14
appointments of its members are hereby declared vacant.15
Section 4. This Act is in no way and is to no extent intended to, nor shall it be16
construed in any manner which will affect or impair the security of any bonds or other debt17
obligations, or impair the contractual or other obligations, of any agency, office, or18
department, or of the state of Louisiana.19
Section 5. Except as provided in Section 3, this Act shall become effective on July20
1, 2011; if vetoed by the governor and subsequently approved by the legislature, this Act21
shall become effective on July 1, 2011, or on the day following such approval by the22
legislature, whichever is later.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
179
Present law provides for the Crescent City Connection Oversight Authority (CCCOA),
which shall establish priorities of projects from remaining funds after all operation and
maintenance expenses of the bridges and ferries of the Crescent City Connection Division
(CCCD) have been paid. The CCCOA shall consider the funding of projects approved by
the legislature in accordance with R.S. 47:820.5 and shall have access to the accounting of
all expenditures, revenues, project priorities, status of ongoing projects, and any other SB NO. 179
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matters which relate to the Crescent City Connection, its operations, and related projects.
Present law further provides that the CCCOA shall be comprised of 13 members appointed
by the governor and subject to confirmation by the Senate from a list of 3 nominees
submitted by each of the state senators from Senate districts 1, 3, 5, 6, 7, and 8, and each of
the state representatives from House districts 83, 84, 85, 86, 87, 102, and 105. Members
shall serve terms of 4 years; however, the first term shall commence on July 1, 1998, and
terminate on June 30, 2000. Requires the CCCOA to report to the Senate and House
Committee on Transportation, Highways and Public Works.
Proposed law repeals present law and creates the Crescent City Connection Management
Board.
Proposed law modifies the powers and duties of the secretary of DOTD relative to the
Mississippi River Bridge Authority (MRBA) and the CCCD to authorize the Crescent City
Connection Management Board to direct the actions of the secretary or designee of DOTD
for the MRBA and the CCCD.
Proposed law provides for a board of 9 members. The members are the secretary of the
Department of Transportation and Development or designee, one member with experience
in law enforcement, homeland security, or traffic management nominated by certain law
enforcement offices, one member who is a traffic engineer nominated by The Greater
Jefferson Chamber of Commerce, one member who is a certified public accountant
nominated by the Algiers Economic Development Foundation, Inc. and the New Algiers
Council of Neighborhood Presidents, Inc., one member who is a structural or bridge engineer
nominated by the Harvey Canal Industrial Association, one member nominated by Friends
of the Ferry, one member nominated by Greater New Orleans, Inc., one member nominated
by the Regional Planning Commission, and one member nominated by the Plaquemines
Association of Business and Industry.
Proposed law provides that the board, beginning November 1, 2011, establish policy and
direct the actions of the secretary of DOTD for the MRBA and for the operation and
management of the CCCD.
Proposed law provides for such organizations to submit a list of names to the governor no
later than September 1, 2011. If the lists are not submitted timely, the governor shall make
the appointments subject to qualifications. The initial term of the appointees shall
commence on Oct. 1, 2011, and shall terminate on Dec. 31, 2012. Subsequent terms shall
be for 4 years. Requires the board to report to the Senate and House Committees on
Transportation, Highways and Public Works.
Proposed law provides that this Act will not impair the contractual or other obligations of
any agency, office, department, or the state of Louisiana.
Section 3 effective September 30, 2011.
Effective July 1, 2011.
(Amends R.S. 36:504(A)(9) and 508.2(A) and R.S. 48:1101.1(A); Adds R.S. 36:509(W) and
801.24 and R.S. 48:110.1 thru 110.4; Repeals R.S. 47:820.5.3)