SLS 12RS-653 ORIGINAL Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 599 BY SENATOR ADLEY TRANSPORTATION/DEV DEPT. Provides relative to termination of the Crescent City Connection Division of the DOTD. (See Act) AN ACT1 To amend and reenact R.S. 36:508.2(A) and R.S. 48:1161; to enact R.S. 36:509(F)(11), R.S.2 48:25.1, 197, 1161.1 and 1167.1; to repeal R.S. 33:2201(B)(17), R.S. 35:408, R.S.3 36:504(A)(9) and 509(M), R.S. 47:820.5, 820.5.2, and 820.5.3, and R.S. 48:1092.14 and 1101.1, relative to the Department of Transportation and Development; provides5 relative to termination of the Crescent City Connection Division; provides relative6 to the Crescent City Connection Bridge and ferries; provides relative to the7 Mississippi River Bridge Authority; provides relative to transfer of funds, property,8 buildings, and improvements; and to provide for related matters.9 Be it enacted by the Legislature of Louisiana:10 Section 1. R.S. 36:508.2(A) is hereby amended and reenacted and R.S. 36:509(F)(11)11 is hereby enacted to read as follows:12 §508.2. Office of operations; functions; assistant secretary, powers and duties13 A. There is hereby created within the Department of Transportation and14 Development, the office of operations, which shall administer all matters related to15 the operations of the department's district offices, the Crescent City Connection16 Division Bridge, the Sunshine Bridge, and other matters as may be directed by the17 SB NO. 599 SLS 12RS-653 ORIGINAL Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. secretary.1 * * *2 §509. Transfer of agencies to Department of Transportation and Development3 * * *4 F. The following agencies, as defined in R.S. 36:3, are hereby abolished, and5 their powers, duties, functions, and responsibilities are transferred to the secretary6 of the Department of Transportation and Development and hereafter shall be7 exercised and performed as provided in Part IV of Chapter 22 of this Title:8 * * *9 (11) The Mississippi River Bridge Authority.10 * * *11 Section 2. R.S. 48:1161 is hereby amended and reenacted and R.S. 48:25.1, 197,12 1161.1 and 1167.1 are hereby enacted to read as follows:13 §25.1. Operation or control of ferries; Crescent City Connection ferries14 The department may take over, control, operate, and regulate the ferries15 formerly operated by its Crescent City Connection Division. It may prescribe16 and collect such fees, tolls, fares, or ferry charges as it deems necessary to17 operate, maintain, and replace such ferry service. To that end, it may privatize,18 let franchises, or enter into contracts for such ferry service in the name of the19 state, alone or jointly with the parishes or municipalities of the state.20 * * *21 §197. Motor vehicle license tax; transportation trust fund22 Beginning January 1, 2013, and each fiscal year thereafter, after23 compliance with the requirements of Article VII, Section 9(B) of the24 Constitution of Louisiana, and after making the allocation for state highway25 fund No. 2, the treasurer shall deposit into the Transportation Trust Fund fifty26 percent of all funds derived from the collection of registration and license fees27 and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S.28 47:481, in the parishes of Orleans, Jefferson, St. John the Baptist, St. Charles,29 SB NO. 599 SLS 12RS-653 ORIGINAL Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Tangipahoa, and St. Tammany.1 * * *2 §1161. Abolition of bridge and ferry authorities; merger and consolidation of bridge3 and ferry functions in board of highways4 In order to merge and consolidate into one department the duties and5 functions that are of a similar nature or character, under authority of Section 32 of6 Article III of the Constitution of Louisiana, the Ascension-St. James Bridge and7 Ferry Authority, the Iberville Parish Bridge and Ferry Authority, the Pointe Coupee-8 West Feliciana Bridge and Ferry Authority, and the St. Charles-St. John the Baptist9 Bridge and Ferry Authority are hereby abolished, effective January 1, 1973, and all10 of the powers, duties, functions, immunities, restrictions and exemptions from11 taxation under any laws, and particularly under the effective provisions of Act 7 of12 1952, Act 526 of 1958, Act 555 of 1966, Act 413 of 1962, Act 413 of 1966, Act 26913 of 1968, Act 290 of 1968, Act 57 of 1969 and R.S. 48:1151-1158 are transferred to14 the State Board of Highways and Department of Highways, effective January 1,15 1973, and after said date the board of highways shall have and exercise all of the16 executive and administrative functions provided for by the constitution or laws with17 respect to the authorities herein abolished and with respect to the officers and18 members of such authorities. However, nothing herein shall be construed as19 abolishing or affecting the operation of the Mississippi River Bridge Authority which20 is hereby specifically continued in operation.21 §1161.1. Abolition of Mississippi River Bridge Authority; merger and22 consolidation of bridge and ferry functions in Department of23 Transportation and Development24 The Mississippi River Bridge Authority is hereby abolished, effective25 January 1, 2013, and all of its powers, duties, functions, immunities, restrictions,26 and exemptions from taxation under any laws, are transferred to the27 Department of Transportation and Development effective January 1, 2013, and28 after such date the department shall have and exercise all of the executive and29 SB NO. 599 SLS 12RS-653 ORIGINAL Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. administrative functions provided for by the constitution or laws with respect1 to the Mississippi River Bridge Authority herein abolished.2 * * *3 §1167.1. Effective date of merger, consolidation and transfer of functions;4 appropriations; termination; Mississippi River Bridge Authority;5 Crescent City Connection Division6 The merger, consolidation and transfer of functions provided for by this7 Part shall take effect and become operative on January 1, 2013.8 * * *9 Section 3. R.S. 33:2201(B)(17), R.S. 35:408, R.S. 36:504(A)(9) and 509(M), R.S.10 47:820.5 and 820.5.2, and R.S. 48:1092.1 and 1101.1 are hereby repealed.11 Section 4. R.S. 47:820.5.3 is hereby repealed.12 Section 5. The secretary of the Department of Transportation and Development or13 his designee, on behalf of the state of Louisiana, is hereby specifically authorized to execute14 such documents, contracts, agreements, or other instruments, and to perform such other acts15 as are necessary to properly effectuate the purposes of this Act. The provisions of this Act16 shall supersede any other laws in conflict. The provisions of this Act shall be liberally17 construed to effectuate these purposes.18 Section 6. All books, papers, records, money, actions, and other property and19 improvements thereon, both movable and immovable, heretofore owned, possessed,20 controlled, or used by the Mississippi River Bridge Authority and the Crescent City21 Connection Division of the Department of Transportation and Development in the exercise22 of functions herein transferred are hereby transferred to such department.23 Section 7. It is hereby specifically provided that on the effective date of this Act that24 any appropriations made at this 2012 Regular Session of the legislature, or any funds25 otherwise made available, to carry out the functions herein transferred shall follow the26 functions and activities herein transferred and shall be transferred to the Department of27 Transportation and Development for use by such department in carrying out the functions28 and activities herein transferred to it. 29 SB NO. 599 SLS 12RS-653 ORIGINAL Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Section 8. Section 4 of this Act shall become effective upon signature by the1 governor or, if not signed by the governor, upon expiration of the time for bills to become2 law without signature by the governor, as provided by Article III, Section 18 of the3 Constitution of Louisiana. If vetoed by the governor and subsequently approved by the4 legislature, this Act shall become effective on the day following such approval.5 Section 9. Except for Section 4, this Act shall take effect on January 1, 2013.6 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Sharon F. Lyles. DIGEST Present law provides that the assistant secretary of the office of operations for DOTD administers all matters related to operations for its district offices, the CCC Division, the Sunshine Bridge, and other matters as directed by the secretary. Proposed law changes CCC Division to CCC Bridge. Present law abolishes and transfers certain agencies and their powers, duties, function, and responsibilities to the secretary of DOTD. Proposed law adds the Mississippi River Bridge Authority (MRBA) to such agencies. Proposed law provides for DOTD to take over, control, operate, and regulate ferries formerly operated by the CCCD and authorizes it to collect fees, tolls, fares, or ferry charges it deems necessary to operate, maintain, and replace such ferry service. Provides that DOTD may privatize, franchise, or enter into contracts for ferry service alone or jointly with parishes or municipalities. Proposed law provides effective January 1, 2013, for credit to the Transportation Trust Fund of 50% of all funds derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parishes of Orleans, Jefferson, St. John the Baptist, St. Charles, Tangipahoa, and St. Tammany. Proposed law abolishes the MRBA and transfers its powers, duties, and functions, effective January 1, 2013, to the DOTD. Proposed law repeals R.S. 33:2201(B)(17) which includes CCC police in the definition of law enforcement officers for purposes of providing financial security for surviving spouses and children. Proposed law repeals R.S. 35:408 which provides for appointment of ex-officio notaries for the CCC police department. Proposed law repeals R.S. 36:504(A)(9) which provides for the secretary of DOTD to have absolute control over the MRBA and R.S. 36:509(M) which provides that the MRBA is within DOTD as provided in R.S. 36:901. Proposed law repeals R.S. 47:820.5 which provides relative to collection of tolls on the CCC bridge and ferries; . SB NO. 599 SLS 12RS-653 ORIGINAL Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Proposed law repeals R.S. 48:1092.1 which provides for terms of office of members of the MRBA; repeals R.S. 48:1101.1 which provides for the CCC police. Proposed law authorizes the secretary of DOTD or his designee to execute documents of any type and to perform such acts necessary to properly effectuate the purposes of this Act. Proposed law transfers all books, papers, records, money, actions, and other property owned or controlled by the MRBA and CCCD to DOTD. Proposed law provides for transfer of appropriations made for transferred functions to DOTD. Proposed law repeals R.S. 47:820.5.3 which provides for the Crescent City Connection Oversight Authority effective upon signature of the governor. The remaining provisions of the Act become effective January 1, 2013. (Amends R.S. 36:508.2(A) and R.S. 48:1161; adds R.S. 36:509(F)(11), R.S. 48:25.1, 197, 1161.1 and 1167.1; repeals R.S. 33:2201(B)(17); R.S. 35:408; R.S. 36:504(A)(9) and 509(M), R.S. 47:820.5, 820.5.2, and 820.5.3, and R.S. 48:1092.1 and 1101.1)