SLS 12RS-653 REENGROSSED
Page 1 of 9
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, 1161.2, and 1167.1; to repeal R.S. 33:2201(B)(17), R.S.3
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.4
48:1092.1 and 1101.1, relative to the Department of Transportation and5
Development; provides relative to termination of the Crescent City Connection6
Division; provides relative to the Crescent City Connection Bridge and ferries;7
provides relative to the Mississippi River Bridge Authority; to create the Crescent8
City Transition Fund as a special fund in the state treasury; to provide for the use of9
monies in the fund; provides relative to transfer of funds, property, buildings, and10
improvements; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 36:508.2(A) is hereby amended and reenacted and R.S. 36:509(F)(11)13
is hereby enacted to read as follows:14
§508.2. Office of operations; functions; assistant secretary, powers and duties15
A. There is hereby created within the Department of Transportation and16
Development, the office of operations, which shall administer all matters related to17 SB NO. 599
SLS 12RS-653 REENGROSSED
Page 2 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the operations of the department's district offices, the Crescent City Connection1
Division Bridge, the Sunshine Bridge, and other matters as may be directed by the2
secretary.3
* * *4
§509. Transfer of agencies to Department of Transportation and Development5
* * *6
F. The following agencies, as defined in R.S. 36:3, are hereby abolished, and7
their powers, duties, functions, and responsibilities are transferred to the secretary8
of the Department of Transportation and Development and hereafter shall be9
exercised and performed as provided in Part IV of Chapter 22 of this Title:10
* * *11
(11) The Mississippi River Bridge Authority.12
* * *13
Section 2. R.S. 48:1161 is hereby amended and reenacted and R.S. 48:25.1,14
197,1161.1, 1161.2, and 1167.1 are hereby enacted to read as follows:15
§25.1. Operation or control of ferries; Crescent City Connection ferries16
A. The department may take over, control, operate, and regulate the17
ferries formerly operated by its Crescent City Connection Division. It may18
prescribe and collect such fees, tolls, fares, or ferry charges as it deems19
necessary to operate, maintain, and replace such ferry service. To that end, it20
may privatize, let franchises, or enter into contracts for such ferry service in the21
name of the state, alone or jointly with the parishes or municipalities of the22
state. If the department enters into a contract or franchise agreement with a23
non-public entity to provide ferry service formerly operated by its Crescent24
City Connection Division, the provisions of R.S. 48:999 and 1000 which provide25
for certain free and unhampered passage on toll ferries shall not apply.26
B. If the department enters into a contract or franchise agreement with27
a non-public entity to provide such ferry service, such contract shall include a28
contract provision which appoints the New Orleans Regional Planning29 SB NO. 599
SLS 12RS-653 REENGROSSED
Page 3 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Commission as an advisor to such ferry service contractor. The commission1
may follow its customary procedures to satisfy such advisory function.2
* * *3
§197. Motor vehicle license tax; transportation trust fund4
Beginning January 1, 2013, and each fiscal year thereafter, after5
compliance with the requirements of Article VII, Section 9(B) of the6
Constitution of Louisiana, and after making the allocation for state highway7
fund No. 2, the treasurer shall deposit into the Transportation Trust Fund fifty8
percent of all funds derived from the collection of registration and license fees9
and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S.10
47:481, in the parishes of Orleans, Jefferson, St. John the Baptist, St. Charles,11
Tangipahoa, and St. Tammany.12
* * *13
§1161. Abolition of bridge and ferry authorities; merger and consolidation of bridge14
and ferry functions in board of highways15
In order to merge and consolidate into one department the duties and16
functions that are of a similar nature or character, under authority of Section 32 of17
Article III of the Constitution of Louisiana of 1921, the Ascension-St. James Bridge18
and Ferry Authority, the Iberville Parish Bridge and Ferry Authority, the Pointe19
Coupee-West Feliciana Bridge and Ferry Authority, and the St. Charles-St. John the20
Baptist Bridge and Ferry Authority are hereby abolished, effective January 1, 1973,21
and all of the powers, duties, functions, immunities, restrictions and exemptions from22
taxation under any laws, and particularly under the effective provisions of Act 7 of23
1952, Act 526 of 1958, Act 555 of 1966, Act 413 of 1962, Act 413 of 1966, Act 26924
of 1968, Act 290 of 1968, Act 57 of 1969 and R.S. 48:1151-1158 are transferred to25
the State Board of Highways and Department of Highways, effective January 1,26
1973, and after said date the board of highways shall have and exercise all of the27
executive and administrative functions provided for by the constitution or laws with28
respect to the authorities herein abolished and with respect to the officers and29 SB NO. 599
SLS 12RS-653 REENGROSSED
Page 4 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
members of such authorities. However, nothing herein shall be construed as1
abolishing or affecting the operation of the Mississippi River Bridge Authority which2
is hereby specifically continued in operation.3
§1161.1. Abolition of Mississippi River Bridge Authority; merger and4
consolidation of bridge and ferry functions in Department of5
Transportation and Development6
The Mississippi River Bridge Authority is hereby abolished, effective7
January 1, 2013, and all of its powers, duties, functions, immunities, restrictions,8
and exemptions from taxation under any laws and particularly under the9
effective provisions of Act 7 of 1952, Act 402 of 1976, Act 204 of 1980, Act 32910
of 1981, Act 522 of 1984, Act 762 of 1988, and Act 315 of 1989, are transferred11
to the Department of Transportation and Development effective January 1,12
2013, and after such date the department shall have and exercise all of the13
executive and administrative functions provided for by the constitution or laws14
with respect to the Mississippi River Bridge Authority herein abolished.15
§1161.2. Crescent City Transition Fund16
A. Upon the final payment on any public indebtedness issued by the17
Mississippi River Bridge Authority or the Crescent City Connection Division18
of the Department of Transportation and Development, all books, papers,19
records, actions, and other property and improvements thereon, both movable20
and immovable, heretofore owned, possessed, controlled, or used by the21
Mississippi River Bridge Authority or the Crescent City Connection Division22
of the Department of Transportation and Development in the exercise of23
functions of those bodies are hereby transferred to the department.24
B. There is hereby created, as a special fund in the state treasury, the25
Crescent City Transition Fund, hereinafter referred to as the "fund". The26
source of monies for the fund shall be amounts paid to the Mississippi River27
Bridge Authority pursuant to Sections 4.21 and 12.1 of the Amended and28
Restated Indenture and Deed of Trust between the Secretary of the Department29 SB NO. 599
SLS 12RS-653 REENGROSSED
Page 5 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of Transportation and Development (Acting in the Name of and on Behalf of the1
Mississippi River Bridge Authority) and Bank One Trust Company, N.A., dated2
November 1, 2002, or funds possessed, controlled, or due to the Mississippi3
River Bridge Authority or the Crescent City Connection Division of the4
Department of Transportation and Development.5
C. After compliance with the requirements of Article VII, Section 9(B)6
of the Constitution of Louisiana, relative to the Bond Security and Redemption7
Fund, an amount equal to that deposited into the state treasury from the8
foregoing sources shall be deposited in and credited to the fund. The monies in9
the fund shall be invested by the treasurer in the same manner as the state10
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 remain in the fund.13
D. Monies in the fund shall be subject to appropriation by the14
legislature. The first four million dollars of monies deposited in the fund shall15
be appropriated for use by the Department of Transportation and Development,16
hereinafter referred to as the "department", for the purpose of capitalizing17
ferry service formerly operated by the Crescent City Connection Division in the18
Marine Trust Program. The balance of the monies in the fund shall be19
appropriated to the New Orleans Regional Planning Commission.20
E. As used in this Section, the "Mississippi River Bridge Authority"21
shall mean the Mississippi River Bridge Authority originally created as a body22
politic and corporate of the state under the authority of Act No. 7 of 1952 and23
transferred to and incorporated within the Department of Transportation and24
Development under the Executive Reorganization Act of Louisiana, as25
amended, and called and operated as the Crescent City Connection Division of26
the Department of Transportation and Development.27
* * *28
§1167.1. Effective date of merger, consolidation and transfer of functions;29 SB NO. 599
SLS 12RS-653 REENGROSSED
Page 6 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
appropriations; termination; Mississippi River Bridge Authority;1
Crescent City Connection Division2
The merger, consolidation and transfer of functions provided for by this3
Part shall take effect and become operative on January 1, 2013.4
* * *5
Section 3. R.S. 33:2201(B)(17), R.S. 35:408, R.S. 36:504(A)(9) and 509(M), R.S.6
47:820.5 and 820.5.2, and R.S. 48:1092.1 and 1101.1 are hereby repealed.7
Section 4. R.S. 47:820.5.3 is hereby repealed.8
Section 5. The secretary of the Department of Transportation and Development or9
his designee, on behalf of the state of Louisiana, is hereby specifically authorized to execute10
such documents, contracts, agreements, or other instruments, and to perform such other acts11
as are necessary to properly effectuate the purposes of this Act. The provisions of this Act12
shall supersede any other laws in conflict. The provisions of this Act shall be liberally13
construed to effectuate these purposes.14
Section 6. All books, papers, records, money, actions, and other property and15
improvements thereon, both movable and immovable, heretofore owned, possessed,16
controlled, or used by the Mississippi River Bridge Authority and the Crescent City17
Connection Division of the Department of Transportation and Development in the exercise18
of functions herein transferred are hereby transferred to such department.19
Section 7. It is hereby specifically provided that on the effective date of this Act that20
any appropriations made at this 2012 Regular Session of the legislature, or any funds21
otherwise made available, to carry out the functions herein transferred shall follow the22
functions and activities herein transferred and shall be transferred to the Department of23
Transportation and Development for use by such department in carrying out the functions24
and activities herein transferred to it.25
Section 8. Section 4 of this Act shall become effective upon signature by the26
governor or, if not signed by the governor, upon expiration of the time for bills to become27
law without signature by the governor, as provided by Article III, Section 18 of the28
Constitution of Louisiana. If vetoed by the governor and subsequently approved by the29 SB NO. 599
SLS 12RS-653 REENGROSSED
Page 7 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
legislature, this Act shall become effective on the day following such approval.1
Section 9. Except for Section 4, this Act shall take effect on January 1, 2013.2
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jeanne C. Johnston.
DIGEST
Adley (SB 599)
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 being
abolished.
Proposed law provides for DOTD to take over, operate, and regulate the 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 the ferry service. Provides that DOTD may
privatize, franchise, or enter into contracts for ferry service alone or jointly with parishes or
municipalities. Requires any contract or franchise agreement with a non-public entity to
contain a provision which appoints the New Orleans Regional Planning Commission as an
advisor to the ferry service contractor. The commission is authorized to follow its customary
procedures to satisfy the advisory function. If the department enters into such a contract or
agreement with a non-public entity the provisions of R.S. 48:999 and 1000 which provide
free passage on toll ferries for the Boy and Girls Scouts, the Camp Fire Girls, and all
employees of parish governing authorities in official vehicles in their passage to and from
work on an official project shall not apply.
Proposed law requires amounts which were paid to the Mississippi River Bridge Authority
(being abolished) pursuant to Secs. 4.21 and 12.1 of the Amended and Restated Indenture
and Deed of Trust between the secretary of DOTD on behalf of the Mississippi River Bridge
Authority and Bank One Trust Company, N.A., dated November 1, 2002, or funds
possessed, controlled, or due to the authority or the CCCD to be deposited into a special fund
in the state treasury, the Crescent City Transition Fund. The first $4 million in the fund is
subject to appropriation by the legislature for use by DOTD for the purpose of capitalizing
the ferry service formerly operated by the CCCD in the Marine Trust Program. The balance
of the money in the fund must be appropriated to the New Orleans Regional Planning
Commission.
The money in the fund is to be invested by the treasurer in the same manner as the state
general fund, and interest earnings are deposited into the fund. All unexpended and
unencumbered monies remaining in the fund at the end of each fiscal year remain in the
fund.
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. SB NO. 599
SLS 12RS-653 REENGROSSED
Page 8 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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.
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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Deposits amounts which were paid to the Mississippi River Bridge
Authority pursuant to a certain Indenture and Deed of Trust between the
secretary of DOTD on behalf of the Mississippi River Bridge Authority and
Bank One Trust Company, into the Crescent City Transition Fund and
requires appropriation of the first $4 million for use by DOTD for the
purpose of capitalizing the ferry service formerly operated by the CCCD in
the Marine Trust Program and the remainder to the New Orleans Regional
Planning Commission
2. Requires any contract or franchise agreement by DOTD with a non-public
entity to operate the former CCCD ferries to contain a provision which
appoints the New Orleans Regional Planning Commission as an advisor to
the ferry service contractor. SB NO. 599
SLS 12RS-653 REENGROSSED
Page 9 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
3. Provides that the provisions of R.S. 48:999 and 1000 which provide free
passage on toll ferries do not apply if DOTD enters into such a contract or
agreement with a non-public entity.
Senate Floor Amendments to engrossed bill
1. Makes technical change in reference to the La. Constitution of 1921.