Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB599 Introduced / Bill

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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
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secretary.1
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§509. Transfer of agencies to Department of Transportation and Development3
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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
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(11) The Mississippi River Bridge Authority.10
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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
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§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
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Tangipahoa, and St. Tammany.1
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§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
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administrative functions provided for by the constitution or laws with respect1
to the Mississippi River Bridge Authority herein abolished.2
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§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
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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
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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
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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)