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Regular Session, 2012
HOUSE BILL NO. 1212 (Substitute for House Bill No. 935 by Representative St.
Germain)
BY REPRESENTATIVE ST. GERMAIN
TRANSPORTATION DEPT: Provides relative to the Crescent City Connection Bridge
AN ACT1
To enact R.S. 47:820.5.8, Chapter 2 of Subtitle VIII of Title 47 of the Louisiana Revised2
Statutes of 1950, to be comprised of R.S. 47:7011 through 7018, and R.S. 48:954 and3
954.1, relative to the Department of Transportation and Development; to provide for4
an election to determine if tolls are collected on the Crescent City Connection5
Bridge; to provide relative to collection of tolls; to provide relative to the distribution6
of toll collections; to create a fund; to provide for an advisory body; to provide for7
ferry fares; to provide for privatization; to authorize the State Bond Commission to8
issue bonds secured by certain funds; to provide for the use of the proceeds of the9
bonds; to provide for a special fund; to provide for certain requirements and10
limitations on the issuance of bonds; to provide for a procedure to contest the11
validity of issuance of the bonds; to provide for the rights of bondholders; to12
authorize the issuance of refunding bonds; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 47:820.5.8 is hereby enacted to read as follows:15
§820.5.8. Toll collection on the Crescent City Connection Bridge; proposition16
A. The governor shall call an election to be held at the same time as the17
statewide election held on November 6, 2012, in the election area to determine18
whether tolls shall be collected starting at 12:01 a.m. on January 1, 2013, on the19
Crescent City Connection Bridge, at the rate currently collected.20 HLS 12RS-3796 REENGROSSED
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B. As used in this Section, the following terms shall mean:1
(1) "Crescent City Connection Bridge" collectively shall mean Bridges No.2
1 and No. 2, comprising the Crescent City Connection.3
(2) "Election area" shall mean House of Representatives District Nos. 83, 84,4
85, 87, 102, and precincts within Jefferson Parish and Orleans Parish that are within5
House District No. 105.6
C. The ballot for the election shall state as follows:7
"PROPOSITION ON CRESCENT CITY CONNECTION BRIDGE TOLL8
Shall a toll be collected on the Crescent City Connection Bridge at the rate9
provided by law beginning at 12:01 a.m., January 1, 2013, and ending at midnight,10
December 31, 2033, with the toll revenue dedicated solely for the following purposes11
along U.S. 90Z from Interstate 10 to U.S. 90: operations, maintenance, landscaping,12
grass cutting, trash pickup, functional and ornamental lighting, police functions,13
inspections, motorist assistance patrols, and capital projects on the bridges,14
approaches, and roadways?"15
D.(1) If a majority of the qualified electors voting on the proposition approve16
the proposition, the tolls shall be collected for passage over the Crescent City17
Connection Bridge, at the rate of twenty cents per axle for toll tag users and fifty18
cents per axle for cash users, such collection beginning at 12:01 a.m. on January 1,19
2013.20
(2) If a majority of the qualified electors voting on the proposition vote21
against such proposition, then no such toll shall be collected for passage over the22
Crescent City Connection Bridge.23
E. The secretary of state shall prepare the ballot for the election.24
F. Except as otherwise provided, the election required pursuant to this25
Section shall be conducted in accordance with the Louisiana Election Code.26
G. Notwithstanding Chapter 8-A of the Louisiana Election Code, the costs27
of the election required pursuant to this Section shall be borne by the state.28 HLS 12RS-3796 REENGROSSED
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Section 2. Chapter 2 of Subtitle VIII of Title 47 of the Louisiana Revised Statutes1
of 1950, comprised of R.S. 47:7011 through 7018, is hereby enacted to read as follows:2
CHAPTER 2. CRESCENT CITY CONNECTION BRIDGE3
§7011. Definitions4
As used in this Section, the following terms shall mean:5
(1) "Crescent City Connection Bridge" collectively shall mean Bridges No.6
1 and No. 2, comprising the Crescent City Connection.7
(2) "Department" shall mean the Department of Transportation and8
Development.9
(3) "Regional Planning Commission of New Orleans" shall mean the10
regional planning commission for Jefferson, Orleans, Plaquemines, St. Bernard, and11
St. Tammany parishes.12
§7012. Collection of tolls on the Crescent City Connection Bridge13
A. Tolls on the Crescent City Connection Bridge shall be collected until14
December 31, 2033, at the rate in effect as of December 31, 2012. The rates shall15
be twenty cents per axle for toll tag users and fifty cents per axle for cash or credit16
users. Automatic Vehicular Identification tags may be sold to patrons. All toll17
revenue collected pursuant to this Section shall be deposited into the Crescent City18
Connection Toll Fund provided for in this Chapter and used for the sole purposes19
described therein.20
B. The Department of Transportation and Development shall collect the tolls21
and issue Automatic Vehicular Identification tags authorized by this Section if and22
until such time such collection of tolls and issuance tags is transferred or contracted23
out to another entity.24
§7013. Crescent City Connection toll violations25
A. The Department of Transportation and Development may adopt such26
rules and regulations for the method of taking tolls and enforcing violations.27
B. Definitions of terms included in R.S. 32:1 apply to terms used in this28
Section which are not specifically defined in this Subsection. As used in this29 HLS 12RS-3796 REENGROSSED
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Section, unless the context otherwise indicates, the following terms shall have the1
following meanings:2
(1) "Electronic toll collection" or "ETC" means a system of collecting tolls3
or charges that is capable of charging an account holder for the appropriate toll by4
transmission of information between a device on a motor vehicle and a toll collection5
facility.6
(2) "Pay" means paying a toll by cash, by permitting a charge against a valid7
toll tag account, or by another means of payment approved by the department as8
applicable at the time.9
(3) "Photo-monitoring system" means a motor vehicle sensor installed to10
work in conjunction with a toll collection facility that automatically produces a11
photograph, microphotograph, videotape, or other recorded image of a motor vehicle12
or trailer when the operator of the motor vehicle or trailer fails to pay a toll.13
(4) "Registered owner" means a person in whose name a motor vehicle or14
trailer is registered under the law of a jurisdiction, including a person issued a dealer15
or transporter registration plate or a lessor of motor vehicles or trailers for public16
lease.17
(5) "Toll" or "tolls" means tolls or charges prescribed by law for passage18
over the Crescent City Connection Bridge.19
(6) "Toll tag" means the electronic device issued for use with the ETC on the20
Crescent City Connection Bridge.21
(7) "Valid toll tag account" means an existing toll tag account with a balance22
of not less than the minimum toll required for the vehicle.23
C. No motor vehicle shall be driven and no motor vehicle or trailer shall be24
towed through a toll collection facility on the Crescent City Connection without25
payment of the proper toll. In the event of nonpayment of the proper toll, as26
evidenced by video or electronic recording, the registered owner of such vehicle or27
trailer shall be liable to make prompt payment of the proper toll and, in certain28 HLS 12RS-3796 REENGROSSED
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circumstances, an administrative fee of twenty-five dollars to recover the cost of1
collecting the toll.2
D. A motor vehicle that is not toll-tag equipped may not pass through a3
dedicated toll-tag lane. A toll-tag equipped motor vehicle that passes through any4
toll lane incurs a toll, and the account holder shall pay the appropriate toll. Valid toll5
tag accounts shall not be charged the administrative fee of twenty-five dollars.6
E. The registered owner is prima facie responsible for the payment of the7
tolls, administrative fees, and late charges assessed in accordance with this Section,8
and it is not a defense to liability under this Section that a registered owner was not9
operating the motor vehicle at the time of the failure to pay. However, if a report10
that the motor vehicle or trailer was stolen is given to a law enforcement officer or11
agency before the failure to pay a toll due pursuant to this Chapter occurs or within12
forty-eight hours after the registered owner becomes aware of the theft, the registered13
owner shall not be liable under this Section.14
F. The following procedures shall be taken for the collection of tolls,15
administrative fees, and late charges under this Section:16
(1) A violation notice shall be sent by first class mail to a person alleged to17
be liable as a registered owner at the address shown on the records of the Louisiana18
Department of Public Safety and Corrections, office of motor vehicles. Multiple19
violations may be aggregated in one violation notice. A manual or automatic record20
of the mailing prepared in the ordinary course of business shall be prima facie21
evidence of the mailing of the notice.22
(2) The violation notice shall include the name and address of the person23
alleged to be liable as a registered owner for the failure to pay a toll or tolls under24
this Section, the amount of the toll or tolls not paid, the registration number of the25
vehicle or trailer involved, the date and the approximate time of the failure or failures26
to pay the toll or tolls, the administrative fees due, and such other information27
deemed appropriate.28 HLS 12RS-3796 REENGROSSED
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(3) The violation notice shall also include a warning that the registered1
owner must pay the toll or tolls and administrative fees stated in the notice or appeal2
the violation within thirty days after issuance and describe the means and content of3
the response for payment or appeal. The failure of the registered owner to appeal the4
violation in the manner provided and within the delays allowed shall be deemed to5
be an admission of liability and a waiver of available defenses.6
(4) Within thirty calendar days after the date of the issuance of the violation7
notice, the registered owner to whom the violation notice is issued must either pay8
the tolls and administrative fees provided by this Section, send a written dispute by9
mail as provided by this Section, or request a hearing as provided by this Section.10
(5) The registered owner may, without waiving the right to a hearing as11
provided by this Section, and also without waiving judicial review, appeal a violation12
notice and receive a review and disposition of the violation from a violation clerk by13
mail. The appeal by mail must contain a signed statement from the registered owner14
explaining the basis for the appeal. The signed statement may be accompanied by15
signed statements from witnesses, police officers, government officials, or other16
relevant parties or photographs, diagrams, maps, or other relevant documents that the17
registered owner determines to submit. Statements or materials sent to a violation18
clerk for review must have attached to them the name and address of the registered19
owner as well as the number of the violation notice and the date of the violation. All20
information submitted by the registered owner becomes part of the violation record.21
The violation clerk shall, within sixty days of receipt of such material, review the22
material and dismiss or uphold the violation and notify the registered owner of the23
disposition of the hearing in writing by mail. If the appeal by mail is denied, the24
violation clerk shall explain the reasons for the determination. The violation clerk25
shall have the authority to waive administrative fees, in whole or in part, for good26
cause shown.27
(6) A registered owner issued a violation notice may make a written request28
for an appeal hearing before a designated agent. The violation clerk shall, within29 HLS 12RS-3796 REENGROSSED
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thirty days of receipt of a request for an appeal, notify the registered owner in writing1
by first class mail of the date, time, and place of the hearing. The hearing shall be2
informal, the rules of evidence shall not apply, the Administrative Procedure Act3
shall not apply, and the decision of the agent shall be final, subject to judicial review.4
The parties to the appeal hearing shall be notified in person or by mail of the decision5
following the hearing. Each written appeal decision shall contain a statement of6
reasons for the decision including a determination of each issue of fact necessary to7
the decision. Failure to appear at the date, time, and place specified on the hearing8
notice shall automatically result in the denial of the appeal. The hearing agent shall9
have the authority to waive administrative fees, in whole or in part, for good cause10
shown.11
(7) These provisions do not apply to traffic citations and moving violations12
issued by law enforcement personnel.13
G. Failure to comply with the requirements of this Section shall result in the14
following late charges or sanctions or both against the registered owner:15
(1) The following late charges for late payment, failure to pay, or for16
otherwise failing to respond to a violation notice as provided by this Section may be17
assessed:18
(a) A registered owner who fails to pay the administrative fees specified in19
a violation notice and who fails to appeal a violation notice as provided by this20
Section within thirty calendar days after the date of the issuance of the violation21
notice shall incur a late charge of five dollars. The violation clerk shall notify the22
registered owner by first class mail of this first notice of delinquency.23
(b) A registered owner who fails to respond to a violation notice as provided24
by this Section within forty-five calendar days after the date of the issuance of the25
violation notice shall incur an additional late charge of fifteen dollars. The violation26
clerk shall notify the registered owner by first class mail of this notice of27
delinquency.28 HLS 12RS-3796 REENGROSSED
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(c) A registered owner who fails to respond to a violation notice as provided1
by this Section within sixty calendar days after the date of the issuance of the2
violation notice shall incur an additional late charge of twenty dollars. The violation3
clerk shall notify the registered owner by first class mail of this notice of4
delinquency and, in addition, notify the Louisiana office of motor vehicles. Upon5
notice from a violation clerk, the office of motor vehicles shall place the matter on6
record and shall not renew the driver's license of the registered owner or the7
registration of the vehicle until after notice from the violation clerk that the matters8
have been disposed of in accordance with law.9
(d) After a notice to the office of motor vehicles provided in Subparagraph10
(c) of this Paragraph, violation notices or notices of delinquency to registered owners11
with ten or more toll violations shall not be required to be mailed. However, the tolls12
and administrative fees of such registered owner shall continue to accumulate.13
(2) Civil and criminal action may be pursued as appropriate to collect the14
tolls and administrative fees assessed in the violation notice as well as such15
subsequent late charges assessed in accordance with this Section.16
H.(1) A photograph, microphotograph, videotape, or other recorded image17
produced by a photo-monitoring device is admissible in a proceeding to collect a toll18
or other charge, to collect criminal penalties imposed, or to impose criminal liability19
for a failure to pay the toll or charge.20
(2) An original or facsimile of a certificate, sworn to or affirmed by an agent21
of the toll collector that states that a failure to pay has occurred and states that it is22
based upon a personal inspection of a photograph, microphotograph, videotape, or23
other recorded image produced by a photo-monitoring system, as defined in this24
Section, is prima facie evidence of the facts contained in the certificate.25
(3) Notwithstanding any other provision of law to the contrary, a photograph,26
microphotograph, videotape, or other recorded image prepared for enforcement of27
tolls is for the exclusive use of the Department of Transportation and Development28
or contracting entity in the discharge of its duties under this Section.29 HLS 12RS-3796 REENGROSSED
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I. The Department of Transportation and Development may hire or designate1
such personnel and organize such sections as the department may deem necessary,2
or contract for such services, in order to carry out the provisions of this Section.3
J. The tolls, administrative fees, and any late charges provided by law which4
are collected shall be deposited into the Crescent City Connection Toll Fund5
provided for in R.S. 47:7014 and used for the sole purposes described therein.6
§7014. New Orleans Regional Planning Commission; advisory authority7
A. The New Orleans Regional Planning Commission shall serve as an8
advisory body for the collection of tolls on the Crescent City Connection Bridge. It9
shall recommend best practices for operations, maintenance, landscaping, grass10
cutting, trash pickup, functional and ornamental lighting, motorist assistance patrols,11
inspection, and capital projects on bridges, approaches, and roadways, including12
ingress and egress points to the Crescent City Connection Bridge along US 90Z from13
Interstate 10 to US 90.14
B. In furtherance of this purpose, the commission shall have access to the15
accounting of all expenditures, revenues, project priorities, status of ongoing16
projects, and any other matters which relate to the Crescent City Connection Bridge,17
its operations, and related projects.18
§7015. Crescent City Connection Toll Fund; bonds19
A. There is hereby created, as a special fund in the state treasury, the20
Crescent City Connection Toll Fund, hereinafter referred to as the "fund". The21
source of monies for the fund shall be tolls collected for passage over the Crescent22
City Connection Bridge, and any administrative fees, and any late charges provided23
by law which are collected pursuant to R.S. 47:7012, in such amounts as remain after24
the deposit of monies into a special fund for the payment of amounts due on bonds25
and related expenses pursuant to the requirements of R.S. 47:7015(B).26
B. After compliance with the requirements of Article VII, Section 9(B) of27
the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,28
an amount equal to that deposited into the state treasury from the foregoing sources29 HLS 12RS-3796 REENGROSSED
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shall be deposited in and credited to the fund. The monies in the fund shall be1
invested by the treasurer in the same manner as the state general fund, and interest2
earnings shall be deposited into the fund. All unexpended and unencumbered3
monies remaining in the fund at the end of each fiscal year shall remain in the fund.4
C.(1) Monies in the fund shall be subject to annual appropriation as set forth5
herein by the legislature for use by the Department of Transportation and6
Development and the Department of Public Safety and Corrections, public safety7
services.8
(2) Funds shall be allocated to and disbursed by Department of Public Safety9
and Corrections, public safety services, for police functions along the span of the10
bridge.11
(3) Funds shall be allocated to and disbursed by the secretary of the12
Department of Transportation and Development solely for operations, maintenance,13
landscaping, grass cutting, trash pickup, functional and ornamental lighting,14
inspections, motorist assistance patrols, and capital projects on the bridges,15
approaches and roadways, along U.S. 90Z from Interstate 10 to U.S. 90, including16
ingress and egress points to the Crescent City Connection Bridge.17
(4) No monies in the fund shall be used for any of the following purposes:18
(a) As a part of the Transportation Trust Fund.19
(b) To fund the operations of any office, section, division, or other entity20
under the authority of the department for anything other than the purposes for which21
this Chapter authorizes for the Crescent City Connection Bridge.22
(c) To finance, supplement, or in any manner fund any Louisiana23
Transportation Authority project, other than those related to the Crescent City24
Connection Bridge.25
(d) To finance, supplement, or in any manner fund any other projects in the26
state of Louisiana, particularly those contained in Title 47, Part IV, Section 820.127
through 820.5, the Transportation Infrastructure Model for Economic Development28
Account.29 HLS 12RS-3796 REENGROSSED
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(e) To finance, supplement, or in any manner fund any ferry operated in the1
state.2
§7016. Bonds3
A.(1) Notwithstanding any provision of law to the contrary, and as a grant4
of power in addition to any other general or special law, the State Bond Commission,5
hereinafter referred to as the "commission", on behalf of the Department of6
Transportation and Development, hereinafter referred to as the "department", shall7
issue bonds, notes, certificates, or other evidences of indebtedness, hereinafter8
collectively referred to as the "bonds". Monies available for pledge and dedication9
for payment of the bonds shall be the first ten million dollars in toll revenues10
collected in each fiscal year, other funds collected pursuant to this Chapter, and any11
other fees, rates, rentals, charges, grants, or other receipts or income derived by or12
in connection with an undertaking, facility, project, or any combination thereof, all13
of such sources being hereinafter referred to as "revenues". The bonds shall be14
issued for capital projects for the Crescent City Connection, with the first priority on15
the expenditure of bond proceeds for capital projects related to the Crescent City16
Connection Bridge along U.S. 90Z from Interstate 10 to U.S. 90, specifically:17
(a) Repainting the downriver span of the Crescent City Connection Bridge.18
(b) Increasing and expanding ingress and egress capacity at the following19
locations:20
(i) Annunciation Street;21
(ii) Barataria Boulevard; and22
(iii) Tchoupitoulas Street.23
(2) The commission is further authorized, in its discretion, to pledge all or24
any part of any gift, grant, donation, or other sum of money, aid, or assistance from25
the United States, the state, or any political subdivision thereof, unless otherwise26
restricted by the terms thereof, all or any part of the proceeds of bonds, credit27
agreements, instruments, or any other money of the commission, from whatever28 HLS 12RS-3796 REENGROSSED
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source derived, for the further securing of the payment of the principal and interest1
of the bonds.2
(3) Any bonds issued pursuant to the provisions of this Section shall3
constitute revenue bonds under Article VII, Section 6 of the Constitution of4
Louisiana, and such bonds shall be payable solely from an irrevocable pledge and5
dedication of the revenues without a pledge of the full faith and credit of the state.6
B. In accordance with the provisions of Article VII, Section 9(A)(6) of the7
Constitution of Louisiana, there is hereby established a special fund for the purpose8
of providing for the securitization of any bonds which may be issued pursuant to the9
provisions of this Section which shall include requirements for reserves and credit10
enhancement devices, all as may be provided in any resolution, trust agreement,11
indenture, or other instrument pursuant to which such bonds were issued. The fund12
shall be administered by a trustee as designated by the commission. The source of13
monies for the fund shall be those revenues pledged for payment of bonds pursuant14
to the provisions of Subsection A of this Section. All such revenues shall be15
classified and set aside in a separately identifiable fund or account outside of the16
state treasury but maintained by the state treasury, and such revenues shall be17
assigned and pledged to the trustee under the documents pursuant to which the bonds18
were issued for the benefit of the holders of the bonds. Only after satisfaction of all19
requirements of this Section shall any revenues pledged herein be available for any20
other purposes, and specifically for the purposes provided for in this Chapter.21
C. Bonds issued under the provisions of this Section shall not be deemed to22
constitute a pledge of the full faith and credit of the state or of any governmental unit23
thereof. All such bonds shall contain a statement on their face substantially to the24
effect that neither the full faith and credit of the state nor the full faith and credit of25
any public entity of the state are pledged to the payment of the principal of or the26
interest on such bonds. The issuance of bonds under the provisions of this Section27
shall not directly, indirectly, or contingently obligate the state or any governmental28 HLS 12RS-3796 REENGROSSED
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unit of the state to levy any taxes whatsoever therefore or to make any appropriation1
for their payment.2
D. Bonds shall be authorized by a resolution of the commission and shall be3
of such series, bear such date or dates, mature at such time or times, bear interest at4
such rate or rates, including but not limited to fixed, variable, or zero rates, be5
payable at such time or times, be in such denominations, be in such form, carry such6
registration and exchangeability privilege, be payable in such medium of payment7
and at such place or places, be subject to such terms of redemption prior to maturity8
and such price or prices as determined by the commission, and be entitled to such9
priority on the revenues as such resolution or resolutions may provide.10
E. Bonds shall be sold by the commission at public sale by competitive bid11
or negotiated private sale and at such price as the commission may determine to be12
in the best interest of the commission and the state.13
F. Except for the provisions of R. S. 39:1367, the issuance of the bonds shall14
not be subject to any limitations, requirements, or conditions contained in any other15
law, and bonds may be issued without obtaining the consent of any political16
subdivision of the state or of any agency, commission, or instrumentality of the state.17
The bonds shall be issued in compliance with the provisions of this Section.18
G. For a period of thirty days after the date of publication of a notice of intent19
to issue bonds in the official journal of the commission authorizing the issuance of20
bonds hereunder, any person in interest shall have the right to contest the legality of21
the resolution and the legality of the bond issue for any cause, but after that time no22
one shall have any cause or right of action to contest the legality of the resolution or23
of the bonds or the security therefore for any cause whatsoever. If no suit, action, or24
proceeding is begun contesting the validity of the resolution, the bonds or the security25
therefore within the thirty days herein prescribed, the authority to issue the bonds and26
to provide for the payment thereof, the legality thereof, and all of the provisions of the27
resolution authorizing the issuance of the bonds shall be conclusively presumed to be28
legal and shall be incontestable. Any notice of intent so published shall set forth in29 HLS 12RS-3796 REENGROSSED
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reasonable detail the purpose of the bonds, the security therefore, and the parameters1
of amount, duration, and interest rates. Any suit to determine the validity of bonds2
issued by the commission shall be brought only in accordance with the provisions of3
R. S. 13:5121 et seq.4
H. All bonds issued pursuant to this Section shall have all the qualities of5
negotiable instruments under the commercial laws of the state.6
I. Any pledge of the revenues or other monies made by the commission shall7
be valid and binding from the time when the pledge is made. The revenues or monies8
so pledged and thereafter received by the commission shall immediately be subject9
to the lien of such pledge without any physical delivery thereof or further act, and the10
lien of any such pledge shall be valid and binding as against all parties having claims11
of any kind in tort, contract, or otherwise against the commission irrespective of12
whether such parties have notice thereof. Any trust agreement or other instrument by13
which a pledge is created need not be filed or recorded except in the official records14
of the commission.15
J. Neither the member of the commission nor any person executing the bonds16
shall be personally liable for the bonds or be subject to any personal liability or17
accountability by reason of the issuance thereof.18
K. Bonds of the commission, their transfer, and the income thereof shall at19
all times be exempt from all taxation by the state or any political subdivision thereof,20
and may or may not be exempt for federal income tax purposes. The bonds issued21
pursuant to this Section shall be and are hereby declared to be legal and authorized22
investments for banks, savings banks, trust companies, building and loan associations,23
insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be24
eligible to secure the deposit of any and all public funds of the state and any and all25
public funds of municipalities, parishes, school districts, or other political26
corporations or subdivisions of the state. Such bonds shall be lawful and sufficient27
security for said deposits to the extent of their value. When any bonds shall have28
been issued pursuant to Subsection A of this Section, neither the legislature, the state,29 HLS 12RS-3796 REENGROSSED
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nor any other entity may act to impair any obligation or contract for the benefit of the1
holders of the bonds or discontinue or decrease the tolls pledged to the payment of the2
bonds authorized hereunder or permit to be discontinued or decreased said tolls in3
anticipation of the collection of which such bonds have been issued, or in any way4
make any change in the allocation and dedication of any fee which would diminish5
the amount of tolls to be received by the commission, until all such bonds shall have6
been retired as to principal and interest, and there is hereby vested in the holders from7
time to time of such bonds a contract right in the provisions of this Section.8
L. The commission may provide by resolution for the issuance of refunding9
bonds pursuant to R.S. 39:1444 et seq.10
M. The holders of any bonds issued hereunder shall have such rights and11
remedies as may be provided in the resolution or trust agreement authorizing the12
issuance of the bonds, including but not by way of limitation, appointment of a trustee13
for the bondholders, and any other available civil action to compel compliance with14
the terms and provisions of the bonds and the resolution or trust agreement.15
N. Subject to the agreements with the holders of bonds, all proceeds of bonds16
and all revenues pledged under a resolution or trust agreement authorizing or securing17
such bonds shall be deposited and held in trust in a fund or funds separate and apart18
from all other funds of the state treasury or of the department. Subject to the19
resolution or trust agreement, the trustee shall hold the same for the benefit of the20
holders of the bonds for the application and disposition thereof solely to the respective21
uses and purposes provided in such resolution or trust agreement.22
O. The commission is authorized to employ all professionals it deems23
necessary in the issuance of the bonds.24
P. The commission is authorized to enter into any and all agreements or25
contracts, execute any and all instruments, and do and perform any and all acts26
necessary, convenient, or desirable for the issuance of the bonds or to carry out any27
power expressly given in this Section.28 HLS 12RS-3796 REENGROSSED
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Q. Any other provision of law to the contrary notwithstanding, any revenues1
deposited in the bond fund that are pledged to the repayment of any bonds issued in2
accordance with this Section may be collected and disbursed in accordance with the3
documents pursuant to which such bonds were issued.4
§7017. Ferry operation at New Orleans; rates5
A. Should the ferry service formerly operated by the Crescent City6
Connection Division of the Department of Transportation and Development not be7
privatized as allowed pursuant to R.S. 48:25, the department shall use best practices8
and establish and collect fares as follows:9
(1) A commuter fare for pedestrians of not less than one dollar per each10
passage.11
(2) A commuter pass for motor vehicle commuters not less than four dollars12
per each passage.13
(3) A tourist rate or non-commuter rate may be set by the department under14
the direction of the New Orleans Regional Planning Commission pursuant to the15
authority granted to it pursuant to R.S. 47:7013.16
(4) All fares collected shall be used solely for ferry operations formerly 17
operated by the Crescent City Connection Division of the Department of18
Transportation and Development.19
B. The department is hereby authorized to adjust the fees permitted by this20
Section annually in accordance with increases in the Consumer Price Index.21
§7018. Termination22
The provisions of this Chapter shall be null, void, and of no effect should the23
majority of the qualified electorate voting in the election provided for in R.S.24
47:820.5.8, vote not to have tolls collected on the Crescent City Connection Bridge.25
Section 3. R.S. 48:954 and 954.1 are hereby enacted to read as follows:26 HLS 12RS-3796 REENGROSSED
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§954. Crescent City Connection Bridge; toll collection, maintenance, operations, and1
other services; privatization2
A. Notwithstanding any provision to the contrary, the department is hereby3
authorized to privatize, let franchises, or enter into contracts for the collection of tolls,4
operations, maintenance, and all associated activities, for the Crescent City5
Connection Bridge. Operations and maintenance shall include inspection,6
landscaping, grass cutting, trash pickup, and functional and ornamental lighting.7
B. The department shall hold at least one public meeting in the New Orleans8
metropolitan area prior to issuing any solicitation.9
C. Adequate public notice of any solicitation shall be given by advertising in10
the official journal of the state and the official journals of the parishes of Orleans,11
Jefferson, and Plaquemines, at least once. In addition, written notice may be provided12
to persons, firms, or corporations who are known to be in a position to furnish such13
service requested.14
D. The department shall determine which offer for a desired service is the15
most advantageous to the state which meets all the qualitative restrictions established16
in any privatization solicitation.17
E. The department shall give updates on its efforts to privatize the operations18
and maintenance of the Crescent City Connection Bridge upon request of the Senate19
Committee on Transportation, Highways and Public Works or the House Committee20
on Transportation, Highways and Public Works, or both.21
F. The provisions of this Section shall be null, void, and of no effect on July22
1, 2014, should the department have not awarded a contract or contracts for Crescent23
City Connection Bridge toll collection and operations and maintenance.24
G. "Crescent City Connection Bridge" as used in this Section shall25
collectively mean Bridges No. 1 and No. 2, comprising the Crescent City Connection.26
§954.1. Crescent City Connection; best practices27
The department shall utilize industry recognized best practices not in conflict28
with applicable laws in executing procurement contracts, engineering contracts, and29 HLS 12RS-3796 REENGROSSED
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other contracts entered into which affect the Greater New Orleans Mississippi River1
Bridges No. 1 and 2, referred to as the Crescent City Connection Bridge, with a public2
or nonpublic entity.3
Section 4. The legislative auditor of the state of Louisiana shall perform an audit of4
the Department of Transportation and Development's operations of the Crescent City5
Connection Bridge and provide a written report to the House and Senate committees on6
transportation, highways, and public works by March 1, 2014. Such report shall include but7
not be limited to a determination of the Department of Transportation and Development's8
compliance with the statutes, rules, and regulations of the state concerning procurement of9
supplies and materials and obtaining professional services such as engineering, inspection,10
and examination services.11
Section 5. The Legislative Fiscal Office shall issue an opinion by March 1, 2014, as12
to whether the Department of Transportation and Development's procurement policies and13
systems as they relate to the Crescent City Connection Bridge have resulted in the most cost-14
effective expenditure of public funds, in particular whether the amounts expended on15
administration is out of line when compared with public and private entities performing the16
same function. The Legislative Fiscal Office shall also make a determination of the sources17
of revenue for the operation of the Crescent City Connection Bridge by the Department of18
Transportation and Development.19
Section 6. This Section and Sections 1 and 7 of this Act shall become effective upon20
signature by the governor or, if not signed by the governor, upon expiration of the time for21
bills to become law without signature by the governor, as provided by Article III, Section 1822
of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by23
the legislature, this Act shall become effective on the day following such approval.24
Section 7. Sections 2 and 3 of this Act shall be effective January 1, 2013, 12:01 a.m.,25
should the election provided for in Section 1 of this Act result in the collection of tolls on the26
Crescent City Connection Bridge as defined in Section 1 of this Act.27 HLS 12RS-3796 REENGROSSED
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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)]
St. Germain HB No. 1212
Abstract: Authorizes an election to be held on the question of whether tolls shall be
collected on the Crescent City Connection Bridge. The bill provides that the DOTD
shall collect the tolls and operate and the maintain the bridge.
Proposed law provides that an election shall be held on Nov. 6, 2012, in House of
Representatives District Nos. 83, 84, 85, 87, 102, and precincts within Jefferson Parish and
Orleans Parish that are within House District No. 105, for the purpose of determining whether
tolls shall be collected on the Crescent City Connection Bridge until 2033. Proposed law
provides for the ballot language, which provides for the rate to be collected to be provided
by law and the uses of the toll revenue.
Proposed law provides that upon a majority of the qualified electorate approving the
collection of tolls, the tolls shall be collected at the present law rates. Proposed law maintains
all present law manners of toll collection, but allows for tolls to be paid by credit, and makes
changes to the enforcement of toll violations.
Proposed law provides for the creation of the "Crescent City Connection Toll Fund", as
follows:
(1)Monies for the fund shall be tolls collected for passage over the Crescent City
Connection Bridge, and any administrative fees, and any late charges after payment
of amounts due on bonds and related expenses issued under proposed law.
(2)After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of La., relative to the Bond Security and Redemption Fund, an amount
equal to that deposited into the state treasury from the foregoing sources shall be
deposited in and credited to the fund. The monies in the fund shall be invested by the
treasurer in the same manner as the state general fund, and interest earnings shall be
deposited into the fund. All unexpended and unencumbered monies remaining in the
fund at the end of each fiscal year shall remain in the fund.
(3)Monies in the fund shall be subject to annual appropriation by the legislature for use
by the Department of Transportation and Development and the Department of Public
Safety and Corrections, public safety services.
(4)Monies in the fund shall be allocated and disbursed by the Department of Public
Safety and Corrections, public safety services, for police functions along the span of
the bridge.
(5)Monies in the fund shall be allocated and disbursed by the secretary of the
Department of Transportation and Development solely for operations, maintenance,
landscaping, grass cutting, trash pick up, functional and ornamental lighting, motorist
assistance patrols, inspection, and capital projects on the bridges, approaches, and
roadways along U.S. 90Z from Interstate 10 to U.S. 90.
Proposed law provides that bonds shall be issued with the monies available to pay for the
bonds to be the first $10 million in toll revenues collected in each fiscal year, other funds
collected pursuant to proposed law, and any other fees, rates, rentals, charges, grants, or other HLS 12RS-3796 REENGROSSED
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receipts or income derived by or in connection with an undertaking, facility, projects, or any
combination thereof.
Proposed law provides that the bonds shall be issued for capital projects for the Crescent
City Connection, with the first priority on the expenditure of bond proceeds for capital
projects related to the Crescent City Connection Bridge along U.S. 90Z from Interstate 10 to
U.S. 90, specifically, repainting the downriver span of the Crescent City Connection Bridge
and increasing and expanding ingress and egress capacity at Annunciation Street, Barataria
Boulevard, and Tchoupitoulas Street.
Proposed law provides that the New Orleans Regional Planning commission shall serve as
an advisory body for the collection of tolls. Proposed law provides that the commission shall
have access to the accounting of all expenditures, revenues, project priorities, status of
ongoing projects, and any other matters which relate to the Crescent City Connection, its
operations, and related projects.
Proposed law provides for the authorization to privatize the operations and maintenance of
and toll collections on the Crescent City Connection Bridge as follows:
(1)Authorizes the department to privatize, let franchises, or enter into contracts for the
collection of tolls, operations, and maintenance, and all associated activities, on the
Crescent City Connection Bridge.
(2)Requires the department to hold at least one public meeting in the New Orleans
metropolitan area prior to issuing any solicitation.
(3)Adequate public notice of any requests for proposals shall be given by advertising in
the official journal of the state and the official journals of the parishes of Orleans,
Jefferson, and Plaquemines, at least once. In addition, written notice may be provided
to persons, firms, or corporations who are known to be in a position to furnish such
service requested.
(4)The department shall determine which proposal for a desired service is the most
advantageous to the state which meets all the qualitative restrictions established in
any requests for proposal.
(5)Requires the department to give updates on its efforts to privatize the operations and
maintenance of the Crescent City Connection Bridge upon request of the Senate
Committee on Transportation, Highways, and Public Works or the House Committee
on Transportation, Highways and Public Works, or both.
(6)Provides that the proposed law shall be null, void, and of no effect on July 1, 2014,
should the department have not awarded a contract or contracts for Crescent City
Connection Bridge toll collection, operation, and maintenance.
Proposed law provides that the Dept. of Transportation and Development shall utilize
industry recognized best practices that are not in conflict with applicable laws in executing
procurement contracts, engineering contracts, and other contracts entered into which affect
the Crescent City Connection Bridge.
Proposed law provides that should the Crescent City Connection ferries not be privatized,
then the department shall use best practices and establish and collect fares as follows:
(1)A commuter fare for pedestrians of not less than one dollar per each passage.
(2)A commuter pass for motor vehicle commuters not less than four dollars per each
passage. HLS 12RS-3796 REENGROSSED
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are additions.
(3)A tourist rate or non-commuter rate may be set by the department under the direction
of the New Orleans Regional Planning Commission.
Proposed law provides that all fares collected pursuant to proposed law shall be used solely
for ferry operations formerly operated by the Crescent City Connection Division of the
Department of Transportation and Development.
Proposed law provides that DOTD is authorized to adjust the fares charged pursuant to
proposed law annually in accordance with increases in the Consumer Price Index.
Proposed law provides that the legislative auditor perform an audit of the Dept. of
Transportation and Development's operation of the Crescent City Connection Bridge and
provide a written report to the Senate and House committees on Transportation, Highways
and Public Works by March 1, 2014.
Proposed law requires the Legislative Fiscal Office to issue an opinion as to whether the
Dept. of Transportation and Development's procurement policies and systems as they relate
to the Crescent City Connection Bridge have resulted in the most cost-effective expenditure
of public funds by March 1, 2014.
Sections 1, 6, and 7 are effective upon signature of governor or lapse of time for gubernatorial
action.
Sections 2 and 3 are effective Jan. 1, 2013, 12:01 a.m., should the election provided for in
Section 1 of this Act results in the collection of tolls on the Crescent City Connection Bridge.
(Adds R.S. 47:820.5.8 and 7011-7018 and R.S. 48:954 and 954.1)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Changed area election will be held in House of Representatives District Nos. 83,
84, 85, 87, 102, and precincts within Jefferson parish and Orleans parish that are
within House District No. 105.
2. Changed ballot language.
3. Provided that the toll collection would sunset on Dec. 31, 2033, should the voters
approve the collection of the tolls.
4. Made revisions to toll violation provisions.
5. Added motorist assistance patrols and inspections to items that toll revenue can
be used to pay.
6. Provided for bonds to be issued with the first $10 million in toll revenue and other
monies collected pursuant to proposed law.
7. Provided that the bonds shall be issued for specific capital projects related to the
Crescent City Connection Bridge.
8. Made changes to privatization of toll collection, maintenance, and operations
provision. HLS 12RS-3796 REENGROSSED
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9. Provided that DOTD shall utilize industry recognized best practices that are not
in conflict with applicable laws in executing procurement contracts, engineering
contracts, and other contracts entered into which affect the Crescent City
Connection Bridge.
10.Provided for the Legislative Auditor to audit DOTD's operation of the Crescent
City Connection Bridge.
11.Provided for the Legislative Fiscal Office to issue an opinion as to whether
DOTD's policies have resulted in the most cost-effective expenditure of public
funds.