ENROLLED
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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
AN ACT1
To amend and reenact R.S. 47:481 and R.S. 48:196(A)(introductory paragraph) and to enact2
R.S. 47:820.5.8, Chapter 2 of Subtitle VIII of Title 47 of the Louisiana Revised3
Statutes of 1950, to be comprised of R.S. 47:7011 through 7018, and R.S. 48:954 and4
954.1, relative to the Department of Transportation and Development; to provide for5
an election to determine if tolls are collected on the Crescent City Connection6
Bridge; to provide relative to collection of tolls; to provide relative to the distribution7
of toll collections; to create a fund; to provide for an advisory body; to provide for8
ferry fares; to provide for privatization; to provide for the disposition of certain truck9
and trailer registration and license fees and taxes; to authorize the State Bond10
Commission to issue bonds secured by certain funds; to provide for the use of the11
proceeds of the bonds; to provide for special funds; to provide for certain12
requirements and limitations on the issuance of bonds; to provide for a procedure to13
contest the validity of issuance of the bonds; to provide for the rights of bondholders;14
to authorize the issuance of refunding bonds; to provide certain funds to operate a15
ferry; and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 47:820.5.8 is hereby enacted to read as follows:18
§820.5.8. Toll collection on the Crescent City Connection Bridge; proposition19
A. The governor shall call an election to be held at the same time as the20
statewide election held on November 6, 2012, in the election area to determine21
whether tolls shall be collected beginning on January 1, 2013, and ending on22 ENROLLEDHB NO. 1212
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December 31, 2033, on the Crescent City Connection Bridge, at the rate provided by1
law.2
B. As used in this Section, the following terms shall mean:3
(1) "Crescent City Connection Bridge" collectively shall mean Bridges No.4
1 and No. 2, comprising the Crescent City Connection.5
(2) "Election area" shall mean the parishes of Jefferson, Orleans, and6
Plaquemines.7
C. The ballot for the election shall state as follows:8
"PROPOSITION ON CRESCENT CITY CONNECTION BRIDGE TOLL9
Shall the toll be renewed and collected on the Crescent City Connection10
Bridge at the rate provided by law beginning on January 1, 2013, and ending on11
December 31, 2033, with the toll revenue dedicated solely for the following purposes12
along U.S. 90Z from Interstate 10 to U.S. 90: operations, maintenance, landscaping,13
grass cutting, trash pickup, functional and ornamental lighting, police functions,14
inspections, motorist assistance patrols, and capital projects on the bridges,15
approaches, and roadways and with further authorization for such tolls to be funded16
into revenue bonds for any one or more capital projects?"17
D.(1) If a majority of the qualified electors of the election area voting on the18
proposition approve the proposition, the tolls shall be renewed and collected on the19
Crescent City Connection Bridge, at the rate provided by law, such collection20
beginning on January 1, 2013, and ending on December 31, 2033.21
(2) If a majority of the qualified electors of the election area voting on the22
proposition vote against such proposition, then no such toll shall be renewed and23
collected on the Crescent City Connection Bridge.24
E. The secretary of state shall prepare the ballot for the election.25
F. Except as otherwise provided, the election required pursuant to this26
Section shall be conducted in accordance with the Louisiana Election Code.27
G. Notwithstanding Chapter 8-A of the Louisiana Election Code, the costs28
of the election required pursuant to this Section shall be borne by the state.29 ENROLLEDHB NO. 1212
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Section 2. R.S. 47:481 is hereby amended and reenacted and Chapter 2 of Subtitle1
VIII of Title 47 of the Louisiana Revised Statutes of 1950, comprised of R.S. 47:70112
through 7018, is hereby enacted to read as follows:3
§481. Disposition of collections 4
Except as provided in R.S. 47:480, all fees and taxes provided for in this5
Chapter, including the permit fees, shall be paid to the state treasurer on or before the6
tenth day of each month following their collection and shall be credited to the7
account of the Transportation Trust Fund, the State Highway Improvement Fund,8
and state highway fund No. 2, and the Algiers-Canal Street Ferry Fund, as provided9
by law.10
* * *11
CHAPTER 2. CRESCENT CITY CONNECTION BRIDGE12
§7011. Definitions13
As used in this Chapter, the following terms shall mean:14
(1) "Crescent City Connection Bridge" collectively shall mean Bridges No.15
1 and No. 2, comprising the Crescent City Connection.16
(2) "Department" shall mean the Department of Transportation and17
Development.18
(3) "Regional Planning Commission of New Orleans" shall mean the19
regional planning commission for Jefferson, Orleans, Plaquemines, St. Bernard, and20
St. Tammany parishes.21
§7012. Collection of tolls on the Crescent City Connection Bridge22
A. Tolls on the Crescent City Connection Bridge shall be collected until23
December 31, 2033, at the rate in effect as of December 31, 2012. The rates shall24
be twenty cents per axle for toll tag users and fifty cents per axle for cash or credit25
users. Automatic Vehicular Identification tags may be sold to patrons. All toll26
revenue collected pursuant to this Section shall be deposited into the Crescent City27
Connection Toll Fund provided for in this Chapter and used for the sole purposes28
described therein.29 ENROLLEDHB NO. 1212
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B. The Department of Transportation and Development shall collect the tolls1
and issue Automatic Vehicular Identification tags authorized by this Section if and2
until such time such collection of tolls and issuance of tags is transferred or3
contracted out to another entity.4
§7013. Crescent City Connection toll violations5
A. The Department of Transportation and Development may adopt such6
rules and regulations for the method of taking tolls and enforcing violations in7
accordance with the provisions of the Administrative Procedure Act.8
B. Definitions of terms included in R.S. 32:1 apply to terms used in this9
Chapter which are not specifically defined in this Subsection. As used in this10
Section, unless the context otherwise indicates, the following terms shall have the11
following meanings:12
(1) "Electronic toll collection" or "ETC" means a system of collecting tolls13
or charges that is capable of charging an account holder for the appropriate toll by14
transmission of information between a device on a motor vehicle and a toll collection15
facility.16
(2) "Pay" means paying a toll by cash, by permitting a charge against a valid17
toll tag account, or by another means of payment approved by the department as18
applicable at the time.19
(3) "Photo-monitoring system" means a motor vehicle sensor installed to20
work in conjunction with a toll collection facility that automatically produces a21
photograph, microphotograph, videotape, or other recorded image of a motor vehicle22
or trailer when the operator of the motor vehicle or trailer fails to pay a toll.23
(4) "Registered owner" means a person in whose name a motor vehicle or24
trailer is registered under the law of a jurisdiction, including a person issued a dealer25
or transporter registration plate or a lessor of motor vehicles or trailers for public26
lease.27
(5) "Toll" or "tolls" means tolls or charges prescribed by law for passage28
over the Crescent City Connection Bridge.29 ENROLLEDHB NO. 1212
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(6) "Toll tag" means the electronic device issued for use with the ETC on the1
Crescent City Connection Bridge.2
(7) "Valid toll tag account" means an existing toll tag account with a balance3
of not less than the minimum toll required for the vehicle.4
C. No motor vehicle shall be driven and no motor vehicle or trailer shall be5
towed through a toll collection facility on the Crescent City Connection without6
payment of the proper toll. In the event of nonpayment of the proper toll, as7
evidenced by video or electronic recording, the registered owner of such vehicle or8
trailer shall be liable to make prompt payment of the proper toll and, in certain9
circumstances, an administrative fee of twenty-five dollars to recover the cost of10
collecting the toll.11
D. A motor vehicle that is not toll-tag equipped may not pass through a12
dedicated toll-tag lane. A toll-tag equipped motor vehicle that passes through any13
toll lane incurs a toll, and the account holder shall pay the appropriate toll. Valid toll14
tag accounts shall not be charged the administrative fee of twenty-five dollars.15
E. The registered owner is prima facie responsible for the payment of the16
tolls, administrative fees, and late charges assessed in accordance with this Section,17
and it is not a defense to liability under this Section that a registered owner was not18
operating the motor vehicle at the time of the failure to pay. However, if a report19
that the motor vehicle or trailer was stolen is given to a law enforcement officer or20
agency before the failure to pay a toll due pursuant to this Chapter occurs or within21
forty-eight hours after the registered owner becomes aware of the theft, the registered22
owner shall not be liable under this Section.23
F. The following procedures shall be taken for the collection of tolls,24
administrative fees, and late charges under this Section:25
(1) A violation notice shall be sent by first class mail to a person alleged to26
be liable as a registered owner at the address shown on the records of the Louisiana27
Department of Public Safety and Corrections, office of motor vehicles. Multiple28
violations may be aggregated in one violation notice. A manual or automatic record29 ENROLLEDHB NO. 1212
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of the mailing prepared in the ordinary course of business shall be prima facie1
evidence of the mailing of the notice.2
(2) The violation notice shall include the name and address of the person3
alleged to be liable as a registered owner for the failure to pay a toll or tolls under4
this Section, the amount of the toll or tolls not paid, the registration number of the5
vehicle or trailer involved, the date and the approximate time of the failure or failures6
to pay the toll or tolls, the administrative fees due, and such other information7
deemed appropriate.8
(3) The violation notice shall also include a warning that the registered9
owner must pay the toll or tolls and administrative fees stated in the notice or appeal10
the violation within thirty days after issuance and describe the means and content of11
the response for payment or appeal. The failure of the registered owner to appeal the12
violation in the manner provided and within the delays allowed shall be deemed to13
be an admission of liability and a waiver of available defenses.14
(4) Within thirty calendar days after the date of the issuance of the violation15
notice, the registered owner to whom the violation notice is issued must either pay16
the tolls and administrative fees provided by this Section, send a written dispute by17
mail as provided by this Section, or request a hearing as provided by this Section.18
(5) The registered owner may, without waiving the right to a hearing as19
provided by this Section, and also without waiving judicial review, appeal a violation20
notice and receive a review and disposition of the violation from a violation clerk by21
mail. The appeal by mail must contain a signed statement from the registered owner22
explaining the basis for the appeal. The signed statement may be accompanied by23
signed statements from witnesses, police officers, government officials, or other24
relevant parties or photographs, diagrams, maps, or other relevant documents that the25
registered owner determines to submit. Statements or materials sent to a violation26
clerk for review must have attached to them the name and address of the registered27
owner as well as the number of the violation notice and the date of the violation. All28
information submitted by the registered owner becomes part of the violation record.29
The violation clerk shall, within sixty days of receipt of such material, review the30 ENROLLEDHB NO. 1212
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material and dismiss or uphold the violation and notify the registered owner of the1
disposition of the hearing in writing by mail. If the appeal by mail is denied, the2
violation clerk shall explain the reasons for the determination. The violation clerk3
shall have the authority to waive administrative fees, in whole or in part, for good4
cause shown.5
(6) A registered owner issued a violation notice may make a written request6
for an appeal hearing before a designated agent. The violation clerk shall, within7
thirty days of receipt of a request for an appeal, notify the registered owner in writing8
by first class mail of the date, time, and place of the hearing. The hearing shall be9
informal, the rules of evidence shall not apply, the Administrative Procedure Act10
shall not apply, and the decision of the agent shall be final, subject to judicial review.11
The parties to the appeal hearing shall be notified in person or by mail of the decision12
following the hearing. Each written appeal decision shall contain a statement of13
reasons for the decision including a determination of each issue of fact necessary to14
the decision. Failure to appear at the date, time, and place specified on the hearing15
notice shall automatically result in the denial of the appeal. The hearing agent shall16
have the authority to waive administrative fees, in whole or in part, for good cause17
shown.18
(7) These provisions do not apply to traffic citations and moving violations19
issued by law enforcement personnel.20
G. Failure to comply with the requirements of this Section shall result in the21
following late charges or sanctions or both against the registered owner:22
(1) The following late charges for late payment, failure to pay, or for23
otherwise failing to respond to a violation notice as provided by this Section may be24
assessed:25
(a) A registered owner who fails to pay the administrative fees specified in26
a violation notice and who fails to appeal a violation notice as provided by this27
Section within thirty calendar days after the date of the issuance of the violation28
notice shall incur a late charge of five dollars. The violation clerk shall notify the29
registered owner by first class mail of this first notice of delinquency.30 ENROLLEDHB NO. 1212
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(b) A registered owner who fails to respond to a violation notice as provided1
by this Section within forty-five calendar days after the date of the issuance of the2
violation notice shall incur an additional late charge of fifteen dollars. The violation3
clerk shall notify the registered owner by first class mail of this notice of4
delinquency.5
(c) A registered owner who fails to respond to a violation notice as provided6
by this Section within sixty calendar days after the date of the issuance of the7
violation notice shall incur an additional late charge of twenty dollars. The violation8
clerk shall notify the registered owner by first class mail of this notice of9
delinquency and, in addition, notify the Louisiana office of motor vehicles. Upon10
notice from a violation clerk, the office of motor vehicles shall place the matter on11
record and shall not renew the driver's license of the registered owner or the12
registration of the vehicle until after notice from the violation clerk that the matters13
have been disposed of in accordance with law.14
(d) After a notice to the office of motor vehicles provided in Subparagraph15
(c) of this Paragraph, violation notices or notices of delinquency to registered owners16
with ten or more toll violations shall not be required to be mailed. However, the tolls17
and administrative fees of such registered owner shall continue to accumulate.18
(2) Civil and criminal action may be pursued as appropriate to collect the19
tolls and administrative fees assessed in the violation notice as well as such20
subsequent late charges assessed in accordance with this Section.21
H.(1) A photograph, microphotograph, videotape, or other recorded image22
produced by a photo-monitoring device is admissible in a proceeding to collect a toll23
or other charge, to collect criminal penalties imposed, or to impose criminal liability24
for a failure to pay the toll or charge.25
(2) An original or facsimile of a certificate, sworn to or affirmed by an agent26
of the toll collector that states that a failure to pay has occurred and states that it is27
based upon a personal inspection of a photograph, microphotograph, videotape, or28
other recorded image produced by a photo-monitoring system, as defined in this29
Section, is prima facie evidence of the facts contained in the certificate.30 ENROLLEDHB NO. 1212
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(3) Notwithstanding any other provision of law to the contrary, a photograph,1
microphotograph, videotape, or other recorded image prepared for enforcement of2
tolls is for the exclusive use of the Department of Transportation and Development3
or contracting entity in the discharge of its duties under this Section.4
I. The Department of Transportation and Development may hire or designate5
such personnel and organize such sections as the department may deem necessary,6
or contract for such services, in order to carry out the provisions of this Section.7
J. The tolls, administrative fees, and any late charges provided by law which8
are collected shall be deposited into the Crescent City Connection Toll Fund9
provided for in R.S. 47:7015 and used for the sole purposes described therein.10
§7014. New Orleans Regional Planning Commission; advisory authority11
A. The New Orleans Regional Planning Commission shall serve as an12
advisory body for the collection of tolls on the Crescent City Connection Bridge. It13
shall recommend best practices for operations, maintenance, landscaping, grass14
cutting, trash pickup, functional and ornamental lighting, motorist assistance patrols,15
inspection, and capital projects on bridges, approaches, and roadways, including16
ingress and egress points to the Crescent City Connection Bridge along US 90Z from17
Interstate 10 to US 90.18
B. In furtherance of this purpose, the commission shall have access to the19
accounting of all expenditures, revenues, project priorities, status of ongoing20
projects, and any other matters which relate to the Crescent City Connection Bridge,21
its operations, and related projects.22
§7015. Crescent City Connection Toll Fund; bonds23
A. There is hereby created, as a special fund in the state treasury, the24
Crescent City Connection Toll Fund, hereinafter referred to as the "fund". The25
source of monies for the fund shall be tolls collected for passage over the Crescent26
City Connection Bridge, and any administrative fees, and any late charges provided27
by law which are collected pursuant to R.S. 47:7012 and 7013, in such amounts as28
remain after the deposit of not less than ten million dollars annually of such monies29
into the Crescent City Connection Capital Projects Fund to provide for payment of30 ENROLLEDHB NO. 1212
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amounts due on bonds and related expenses and used to make payment under the1
bond documents pursuant to which any bonds were issued pursuant to the provisions2
of R.S. 47:7016, to provide funds to finance capital projects on a 'pay-as-you go'3
basis, or to provide funds to match federal funds.4
B. After compliance with the requirements of Article VII, Section 9(B) of5
the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,6
and after deposit of not less than ten million dollars annually to the Crescent City7
Connection Capital Projects Fund, an amount equal to that deposited into the state8
treasury from the foregoing sources shall be deposited in and credited to the fund.9
The monies in the fund shall be invested by the treasurer in the same manner as the10
state general fund, and interest earnings shall be deposited into the fund. All11
unexpended and unencumbered monies remaining in the fund at the end of each12
fiscal year shall be transferred to and deposited by the treasurer into the Crescent13
City Connection Capital Projects Fund.14
C.(1) Monies in the fund shall be subject to annual appropriation as set forth15
herein by the legislature for use by the Department of Transportation and16
Development and the Department of Public Safety and Corrections, public safety17
services.18
(2) Monies appropriated from the fund to the Department of Public Safety19
and Corrections, public safety services shall not exceed two million dollars annually20
and shall be allocated to and disbursed solely for police functions on the Crescent21
City Connection Bridge and along US 90Z between Interstate 10 and US 90.22
(3) Monies appropriated from the fund to the Department of Transportation23
and Development shall be allocated and disbursed solely for operations,24
maintenance, landscaping, grass cutting, trash pickup, functional and ornamental25
lighting, inspections, motorist assistance patrols, and capital projects on the bridges,26
approaches and roadways, along U.S. 90Z from Interstate 10 to U.S. 90, including27
ingress and egress points to the Crescent City Connection Bridge.28
(4) No monies in the fund shall be used for any of the following purposes:29
(a) As a part of the Transportation Trust Fund-Regular.30 ENROLLEDHB NO. 1212
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(b) To fund the operations of any office, section, division, or other entity1
under the authority of the department for anything other than the purposes for which2
this Chapter authorizes for the Crescent City Connection Bridge.3
(c) To finance, supplement, or in any manner fund any Louisiana4
Transportation Authority project, other than those related to the Crescent City5
Connection Bridge.6
(d) To finance, supplement, or in any manner fund any other projects in the7
state of Louisiana, particularly those contained in Part VI of Chapter 7 of Subtitle II8
of Title 47, the Transportation Infrastructure Model for Economic Development.9
(e) To finance, supplement, or in any manner fund any ferry operated in the10
state.11
(5) Transportation Trust Fund - Regular monies shall not be expended to12
provide special, dedicated police functions on the Crescent City Connection.13
§7016. Crescent City Connection Capital Projects Fund: capital projects; bonds14
A. There is hereby created, as a special fund in the state treasury, the15
Crescent City Connection Capital Projects Fund, hereinafter referred to as the "CP16
Fund". The source of monies for the CP Fund shall be not less than ten million17
dollars annually of tolls collected for passage over the Crescent City Connection18
Bridge and all unexpended and unencumbered monies in the Crescent City19
Connection Toll Fund at the end of each fiscal year and transferred to the CP Fund20
pursuant to R.S. 47:7015. The monies in the CP fund shall be invested by the21
treasurer in the same manner as the state general fund, and interest earnings shall be22
deposited into the CP fund. All unexpended and unencumbered monies remaining23
in the fund at the end of each fiscal year shall remain in the CP fund and shall be24
used solely and exclusively for the purposes approved by the voters as provided in25
the proposition and for no other purpose.26
B. Monies in the CP Fund shall be subject to annual appropriation by the27
legislature solely and exclusively to the Department of Transportation and28
Development to provide funds for capital projects on a pay-as-you-go basis, or as29
match for federal funds relative to the Crescent City Connection, or to provide funds30 ENROLLEDHB NO. 1212
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for the payment of amounts due on bonds and related expenses as provided in this1
Chapter.2
C.(1) Notwithstanding any provision of law to the contrary, and as a grant3
of power in addition to any other general or special law, the State Bond Commission,4
hereinafter referred to as the "commission", on behalf of the Department of5
Transportation and Development, hereinafter referred to as the "department", may6
issue bonds, notes, certificates, or other evidences of indebtedness, hereinafter7
collectively referred to as the "bonds". Monies available for pledge and dedication8
for payment of the bonds shall be not less than ten million dollars in toll revenues9
collected in each fiscal year, other funds collected pursuant to this Chapter, and any10
other fees, rates, rentals, charges, grants, or other receipts or income derived by or11
in connection with an undertaking, facility, project, or any combination thereof, all12
of such sources being hereinafter referred to as "revenues". The bonds shall be13
issued solely for capital projects for and related to the Crescent City Connection14
Bridge and along US 90Z between Interstate 10 and US 90, including the following:15
(a) Repainting the downriver span of the Crescent City Connection Bridge.16
(b) Improving ingress and egress capacity at the following locations:17
(i) Annunciation Street.18
(ii) Barataria Boulevard.19
(iii) Tchoupitoulas Street.20
(iv) MacArthur Drive Interchange (east bound Peters Road on and off21
ramps).22
(v) Harvey Tunnel Rehabilitation.23
(c) If funds are available to finance projects in addition to specific projects24
listed in this Subsection, the Regional Planning Commission shall prioritize such25
projects.26
(2) The commission is further authorized, in its discretion, to pledge all or27
any part of any gift, grant, donation, or other sum of money, aid, or assistance from28
the United States, the state, or any political subdivision thereof, unless otherwise29
restricted by the terms thereof, all or any part of the proceeds of bonds, credit30 ENROLLEDHB NO. 1212
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agreements, instruments, or any other money of the commission, from whatever1
source derived, for the further securing of the payment of the principal and interest2
of the bonds.3
(3) Any bonds issued pursuant to the provisions of this Section shall4
constitute revenue bonds under Article VII, Section 6 of the Constitution of5
Louisiana, and such bonds shall be payable solely from an irrevocable pledge and6
dedication of the revenues without a pledge of the full faith and credit of the state.7
D. In accordance with the provisions of Article VII, Section 9(A)(6) of the8
Constitution of Louisiana, there is hereby established a special fund for the purpose9
of providing for the securitization of any bonds which may be issued pursuant to the10
provisions of this Section which shall include requirements for reserves and credit11
enhancement devices, all as may be provided in any resolution, trust agreement,12
indenture, or other instrument pursuant to which such bonds were issued. The fund13
shall be administered by a trustee as designated by the commission. The source of14
monies for the fund shall be those revenues pledged for payment of bonds pursuant15
to the provisions of this Section. All such revenues shall be classified and set aside16
in a separately identifiable fund or account outside of the state treasury but17
maintained by the state treasury, and such revenues shall be assigned and pledged to18
the trustee under the documents pursuant to which the bonds were issued for the19
benefit of the holders of the bonds. Only after satisfaction of all requirements of the20
documents pursuant to which any bonds shall be issued shall any revenues pledged21
herein be available for any other purposes, and specifically for the purposes provided22
for in this Chapter.23
E. Bonds issued under the provisions of this Section shall not be deemed to24
constitute a pledge of the full faith and credit of the state or of any governmental unit25
thereof. All such bonds shall contain a statement on their face substantially to the26
effect that neither the full faith and credit of the state nor the full faith and credit of27
any public entity of the state are pledged to the payment of the principal of or the28
interest on such bonds. The issuance of bonds under the provisions of this Section29
shall not directly, indirectly, or contingently obligate the state or any governmental30 ENROLLEDHB NO. 1212
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unit of the state to levy any taxes whatsoever therefore or to make any appropriation1
for their payment.2
F. 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
G. 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
H. The issuance of the bonds shall not be subject to any limitations,14
requirements, or conditions contained in any other law, and bonds may be issued15
without obtaining the consent of any political subdivision of the state or of any16
agency, commission, or instrumentality of the state. The bonds shall be issued in17
compliance with the provisions of this Section. Any bond or note, including the full18
principal of and interest on any refunding bond or note, issued by the commission19
pursuant to the provisions of the Act which originated as House Bill No.1212 of the20
2012 Regular Session of the Legislature shall not be considered as "net state tax21
supported debt" under the provisions of R.S. 39:1367.22
I. For a period of thirty days after the date of publication of a notice of intent23
to issue bonds in the official journal of the commission authorizing the issuance of24
bonds hereunder, any person in interest shall have the right to contest the legality of25
the resolution and the legality of the bond issue for any cause, but after that time no26
one shall have any cause or right of action to contest the legality of the resolution or27
of the bonds or the security therefore for any cause whatsoever. If no suit, action,28
or proceeding is begun contesting the validity of the resolution, the bonds or the29
security therefore within the thirty days prescribed in this Subsection, the authority30 ENROLLEDHB NO. 1212
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to issue the bonds and to provide for the payment thereof, the legality thereof, and1
all of the provisions of the resolution authorizing the issuance of the bonds shall be2
conclusively presumed to be legal and shall be incontestable. Any notice of intent3
so published shall set forth in reasonable detail the purpose of the bonds, the security4
therefore, and the parameters of amount, duration, and interest rates. Any suit to5
determine the validity of bonds issued by the commission shall be brought only in6
accordance with the provisions of R. S. 13:5121 et seq.7
J. All bonds issued pursuant to this Section shall have all the qualities of8
negotiable instruments under the commercial laws of the state.9
K. Any pledge of the revenues or other monies made by the commission10
shall be valid and binding from the time when the pledge is made. The revenues or11
monies so pledged and thereafter received by the commission shall immediately be12
subject to the lien of such pledge without any physical delivery thereof or further act,13
and the lien of any such pledge shall be valid and binding as against all parties14
having claims of any kind in tort, contract, or otherwise against the commission15
irrespective of whether such parties have notice thereof. Any trust agreement or16
other instrument by which a pledge is created need not be filed or recorded except17
in the official records of the commission.18
L. Neither the member of the commission nor any person executing the19
bonds shall be personally liable for the bonds or be subject to any personal liability20
or accountability by reason of the issuance thereof.21
M. Bonds of the commission, their transfer, and the income thereof shall at22
all times be exempt from all taxation by the state or any political subdivision thereof,23
and may or may not be exempt for federal income tax purposes. The bonds issued24
pursuant to this Section shall be and are hereby declared to be legal and authorized25
investments for banks, savings banks, trust companies, building and loan26
associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds27
shall be eligible to secure the deposit of any and all public funds of the state and any28
and all public funds of municipalities, parishes, school districts, or other political29
corporations or subdivisions of the state. Such bonds shall be lawful and sufficient30 ENROLLEDHB NO. 1212
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security for said deposits to the extent of their value. When any bonds shall have1
been issued pursuant to this Section, neither the legislature, the state, nor any other2
entity may act to impair any obligation or contract for the benefit of the holders of3
the bonds or discontinue or decrease the tolls pledged to the payment of the bonds4
authorized hereunder or permit to be discontinued or decreased said tolls in5
anticipation of the collection of which such bonds have been issued, or in any way6
make any change in the allocation and dedication of any fee which would diminish7
the amount of tolls to be received by the commission, until all such bonds shall have8
been retired as to principal and interest, and there is hereby vested in the holders9
from time to time of such bonds a contract right in the provisions of this Section.10
N. The commission may provide by resolution for the issuance of refunding11
bonds pursuant to R.S. 39:1444 et seq.12
O. The holders of any bonds issued hereunder shall have such rights and13
remedies as may be provided in the resolution or trust agreement authorizing the14
issuance of the bonds, including but not by way of limitation appointment of a15
trustee for the bondholders, and any other available civil action to compel16
compliance with the terms and provisions of the bonds and the resolution or trust17
agreement.18
P. Subject to the agreements with the holders of bonds, all proceeds of bonds19
and all revenues pledged under a resolution or trust agreement authorizing or20
securing such bonds shall be deposited and held in trust in a fund or funds separate21
and apart from all other funds of the state treasury or of the department. Subject to22
the resolution or trust agreement, the trustee shall hold the same for the benefit of the23
holders of the bonds for the application and disposition thereof solely to the24
respective uses and purposes provided in such resolution or trust agreement.25
Q. The commission is authorized to employ all professionals it deems26
necessary in the issuance of the bonds.27
R. The commission is authorized to enter into any and all agreements or28
contracts, execute any and all instruments, and do and perform any and all acts29 ENROLLEDHB NO. 1212
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necessary, convenient, or desirable for the issuance of the bonds or to carry out any1
power expressly given in this Section.2
S. Any other provision of law to the contrary notwithstanding, any revenues3
deposited in the bond fund that are pledged to the repayment of any bonds issued in4
accordance with this Section may be collected and disbursed in accordance with the5
documents pursuant to which such bonds were issued.6
§7017. Ferry operation at New Orleans; rates7
Should the ferry service formerly operated by the Crescent City Connection8
Division of the Department of Transportation and Development not be privatized as9
allowed pursuant to Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950,10
the department shall use best practices and establish and collect fares:11
(1) A tourist rate or non-commuter rate may be set by the department under12
the direction of the New Orleans Regional Planning Commission pursuant to the13
authority granted to it pursuant to R.S. 47:7014.14
(2) All fares collected shall be used solely for ferry operations formerly15
operated by the Crescent City Connection Division of the Department of16
Transportation and Development.17
§7017.1. Algiers-Canal Street Ferry Fund; ferry operations18
A. There is hereby created, as a special fund in the state treasury, the19
Algiers-Canal Street Ferry Fund, hereinafter referred to as the "fund".20
Notwithstanding any provision of law to the contrary, beginning January 1, 2013,21
and each fiscal year thereafter, after compliance with the requirements of Article VII,22
Section 9(B) of the Constitution of Louisiana, and after making the allocation for23
state highway fund No. 2, the treasurer shall deposit into the fund, all of the funds24
derived from the collection of registration and license fees and taxes collected by the25
state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parish of26
Orleans.27
B. The monies in the fund shall be subject to an annual appropriation by the28
legislature and shall be used only as provided in Subsection C of this Section. The29
monies in the fund shall be invested by the treasurer in the same manner as the30 ENROLLEDHB NO. 1212
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monies in the state general fund, and all interest earned shall be deposited and1
credited to the fund. All unexpended or unencumbered monies remaining in the fund2
at the end of the fiscal year shall remain to the credit of the fund.3
C. Monies appropriated from the fund shall be used exclusively by the4
Department of Transportation and Development to fund operations of the Algiers-5
Canal Street ferry.6
§7018. Termination7
The provisions of this Chapter shall be null, void, and of no effect should the8
majority of the qualified electorate voting in the election provided for in R.S.9
47:820.5.8, vote not to have tolls collected on the Crescent City Connection Bridge.10
Section 3. R.S. 48:196(A)(introductory paragraph) is hereby amended and reenacted11
and R.S. 48:954 and 954.1 are hereby enacted to read as follows:12
§196. State Highway Improvement Fund13
A. There is hereby created, as a special fund in the state treasury, the State14
Highway Improvement Fund, hereinafter referred to as the "fund". The source of15
monies in this fund shall be registration and license fees and taxes collected by the16
state pursuant to R.S. 47:462, and as provided in R.S. 47:481. Beginning July 1,17
2007, and each fiscal year thereafter, after compliance with the requirements of18
Article VII, Section 9(B) of the Constitution of Louisiana, and after making the19
allocation for state highway fund No. 2, and the Algiers-Canal Street Ferry Fund, the20
treasurer shall deposit into the fund the following amounts:21
* * *22
§954. Crescent City Connection Bridge; toll collection, maintenance, operations,23
and other services; privatization24
A. Notwithstanding any provision to the contrary, the department is hereby25
authorized to privatize, let franchises, or enter into contracts for the collection of26
tolls, operations, maintenance, and all associated activities, for the Crescent City27
Connection Bridge. Operations and maintenance shall include inspection,28
landscaping, grass cutting, trash pickup, and functional and ornamental lighting.29 ENROLLEDHB NO. 1212
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B. The department shall hold at least one public meeting in the New Orleans1
metropolitan area prior to issuing any solicitation.2
C. Adequate public notice of any solicitation shall be given by advertising3
in the official journal of the state and the official journals of the parishes of Orleans,4
Jefferson, and Plaquemines, at least once. In addition, written notice may be5
provided to persons, firms, or corporations who are known to be in a position to6
furnish such service requested.7
D. The department shall determine which offer for a desired service is the8
most advantageous to the state which meets all the qualitative restrictions established9
in any privatization solicitation.10
E. The department shall give updates on its efforts to privatize the operations11
and maintenance of the Crescent City Connection Bridge upon request of the Senate12
Committee on Transportation, Highways and Public Works or the House Committee13
on Transportation, Highways and Public Works, or both.14
F. The provisions of this Section shall be null, void, and of no effect on July15
1, 2014, should the department have not awarded a contract or contracts for Crescent16
City Connection Bridge toll collection and operations and maintenance.17
G. "Crescent City Connection Bridge" as used in this Section shall18
collectively mean Bridges No. 1 and No. 2, comprising the Crescent City19
Connection.20
§954.1. Crescent City Connection; best practices21
The department shall utilize industry recognized best practices not in conflict22
with applicable laws in executing procurement contracts, engineering contracts, and23
other contracts entered into which affect the Crescent City Connection Bridge, with24
a public or nonpublic entity. "Crescent City Connection Bridge" as used in this25
Section shall collectively mean Bridges No. 1 and No. 2, comprising the Crescent26
City Connection.27
Section 4. The legislative auditor of the state of Louisiana shall perform an audit of28
the Department of Transportation and Development's operations of the Crescent City29
Connection Bridge and provide a written report to the House and Senate committees on30 ENROLLEDHB NO. 1212
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transportation, highways, and public works by March 1, 2014. Such report shall include but1
not be limited to a determination of the Department of Transportation and Development's2
compliance with the statutes, rules, and regulations of the state concerning procurement of3
supplies and materials and obtaining professional services such as engineering, inspection,4
and examination services.5
Section 5. The Legislative Fiscal Office shall issue an opinion by March 1, 2014, as6
to whether the Department of Transportation and Development's procurement policies and7
systems as they relate to the Crescent City Connection Bridge have resulted in the most cost-8
effective expenditure of public funds, in particular whether the amounts expended on9
administration is out of line when compared with public and private entities performing the10
same function. The Legislative Fiscal Office shall also make a determination of the sources11
of revenue for the operation of the Crescent City Connection Bridge by the Department of12
Transportation and Development.13
Section 6. This Section and Sections 1 and 7 of this Act shall become effective upon14
signature by the governor or, if not signed by the governor, upon expiration of the time for15
bills to become law without signature by the governor, as provided by Article III, Section16
18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved17
by the legislature, this Act shall become effective on the day following such approval.18
Section 7. Sections 2 and 3 of this Act shall be effective on January 1, 2013, should19
the election provided for in Section 1 of this Act result in the renewal and collection of tolls20
on the Crescent City Connection Bridge as defined in Section 1 of this Act.21 ENROLLEDHB NO. 1212
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Section 8. The provisions of Section 3 of this Act shall be null, void, and of no effect1
should the majority of the qualified electorate voting in the election provided for in Section2
1 of this Act vote not to have tolls collected on the Crescent City Connection Bridge.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: