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Regular Session, 2012 ENROLLED
SENATE BILL NO. 599
BY SENATOR ADLEY
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
the operations of the department's district offices, the Crescent City Connection18
Division Bridge, the Sunshine Bridge, and other matters as may be directed by the19
secretary.20
* * *21
§509. Transfer of agencies to Department of Transportation and Development22
* * *23
F. The following agencies, as defined in R.S. 36:3, are hereby abolished, and24
their powers, duties, functions, and responsibilities are transferred to the secretary25
of the Department of Transportation and Development and hereafter shall be26
ACT No. 866 SB NO. 599 ENROLLED
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exercised and performed as provided in Part IV of Chapter 22 of this Title:1
* * *2
(11) The Mississippi River Bridge Authority.3
* * *4
Section 2. R.S. 48:1161 is hereby amended and reenacted and R.S. 48:25.1,5
197,1161.1, 1161.2, and 1167.1 are hereby enacted to read as follows:6
§25.1. Operation or control of ferries; Crescent City Connection ferries7
A. The department may take over, control, operate, and regulate the8
ferries formerly operated by its Crescent City Connection Division. It may9
prescribe and collect such fees, tolls, fares, or ferry charges as it deems10
necessary to operate, maintain, and replace such ferry service. To that end, it11
may privatize, let franchises, or enter into contracts for such ferry service in the12
name of the state, alone or jointly with the parishes or municipalities of the13
state. If the department enters into a contract or franchise agreement with a14
non-public entity to provide ferry service formerly operated by its Crescent15
City Connection Division, the provisions of R.S. 48:999 and 1000 which provide16
for certain free and unhampered passage on toll ferries shall not apply.17
B. If the department enters into a contract or franchise agreement with18
a non-public entity to provide such ferry service, such contract shall include a19
contract provision that appoints the New Orleans Regional Planning20
Commission as an advisor to such ferry service contractor. The commission21
may follow its customary procedures to satisfy such advisory function.22
* * *23
§197. Motor vehicle license tax; transportation trust fund24
Beginning January 1, 2013, and each fiscal year thereafter, after25
compliance with the requirements of Article VII, Section 9(B) of the26
Constitution of Louisiana, and after making the allocation for state highway27
fund No. 2, the treasurer shall deposit into the Transportation Trust Fund fifty28
percent of all funds derived from the collection of registration and license fees29
and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S.30 SB NO. 599 ENROLLED
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47:481, in the parishes of Orleans, Jefferson, St. John the Baptist, St. Charles,1
Tangipahoa, and St. Tammany.2
* * *3
§1161. Abolition of bridge and ferry authorities; merger and consolidation of bridge4
and ferry functions in board of highways5
In order to merge and consolidate into one department the duties and6
functions that are of a similar nature or character, under authority of Section 32 of7
Article III of the Constitution of Louisiana of 1921, the Ascension-St. James Bridge8
and Ferry Authority, the Iberville Parish Bridge and Ferry Authority, the Pointe9
Coupee-West Feliciana Bridge and Ferry Authority, and the St. Charles-St. John the10
Baptist Bridge and Ferry Authority are hereby abolished, effective January 1, 1973,11
and all of the powers, duties, functions, immunities, restrictions and exemptions from12
taxation under any laws, and particularly under the effective provisions of Act 7 of13
1952, Act 526 of 1958, Act 555 of 1966, Act 413 of 1962, Act 413 of 1966, Act 26914
of 1968, Act 290 of 1968, Act 57 of 1969 and R.S. 48:1151-1158 are transferred to15
the State Board of Highways and Department of Highways, effective January 1,16
1973, and after said date the board of highways shall have and exercise all of the17
executive and administrative functions provided for by the constitution or laws with18
respect to the authorities herein abolished and with respect to the officers and19
members of such authorities. However, nothing herein shall be construed as20
abolishing or affecting the operation of the Mississippi River Bridge Authority which21
is hereby specifically continued in operation.22
§1161.1. Abolition of Mississippi River Bridge Authority; merger and23
consolidation of bridge and ferry functions in Department of24
Transportation and Development25
The Mississippi River Bridge Authority is hereby abolished, effective26
January 1, 2013, and all of its powers, duties, functions, immunities, restrictions,27
and exemptions from taxation under any laws and particularly under the28
effective provisions of Act 7 of 1952, Act 402 of 1976, Act 204 of 1980, Act 32929
of 1981, Act 522 of 1984, Act 762 of 1988, and Act 315 of 1989, are transferred30 SB NO. 599 ENROLLED
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to the Department of Transportation and Development effective January 1,1
2013, and after such date the department shall have and exercise all of the2
executive and administrative functions provided for by the constitution or laws3
with respect to the Mississippi River Bridge Authority herein abolished.4
§1161.2. Crescent City Transition Fund5
A. Upon the final payment on any public indebtedness issued by the6
Mississippi River Bridge Authority or the Crescent City Connection Division7
of the Department of Transportation and Development, all books, papers,8
records, actions, and other property and improvements thereon, both movable9
and immovable, heretofore owned, possessed, controlled, or used by the10
Mississippi River Bridge Authority or the Crescent City Connection Division11
of the Department of Transportation and Development in the exercise of12
functions of those bodies are hereby transferred to the department. All books,13
papers, and records transferred to the department pursuant to this Section or14
as a result of the Act originating as Senate Bill 599 of the 2012 Regular15
Legislative Session shall be retained for a period of no less than five years16
following such transfer.17
B. There is hereby created, as a special fund in the state treasury, the18
Crescent City Transition Fund, hereinafter referred to as the "fund". The19
source of monies for the fund shall be amounts paid to the Mississippi River20
Bridge Authority pursuant to Sections 4.21 and 12.1 of the Amended and21
Restated Indenture and Deed of Trust between the Secretary of the Department22
of Transportation and Development (Acting in the Name of and on Behalf of the23
Mississippi River Bridge Authority) and Bank One Trust Company, N.A., dated24
November 1, 2002, or funds possessed, controlled, or due to the Mississippi25
River Bridge Authority or the Crescent City Connection Division of the26
Department of Transportation and Development.27
C. After compliance with the requirements of Article VII, Section 9(B)28
of the Constitution of Louisiana, relative to the Bond Security and Redemption29
Fund, an amount equal to that deposited into the state treasury from the30 SB NO. 599 ENROLLED
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foregoing sources shall be deposited in and credited to the fund. The monies in1
the fund shall be invested by the treasurer in the same manner as the state2
general fund, and interest earnings shall be deposited into the fund. All3
unexpended and unencumbered monies remaining in the fund at the end of each4
fiscal year shall remain in the fund.5
D. Monies in the fund shall be subject to appropriation by the legislature6
upon recommendation of the secretary of the Department of Transportation7
and Development. If the Department of Transportation and Development8
determines that an appropriation is necessary, the first four million dollars of9
monies deposited in the fund shall be appropriated for use by the Department10
of Transportation and Development, hereinafter referred to as the11
"department", for the purpose of capitalizing ferry service formerly operated12
by the Crescent City Connection Division in the Marine Trust Program.13
Whether or not tolls are extended on the Crescent City Connection Bridge, the14
balance of the monies in the fund as of December 31, 2012, shall be15
appropriated to the New Orleans Regional Planning Commission for lighting16
of the eastbank and westbank approaches to the Crescent City Connection17
Bridge including General DeGaulle and the Westbank Expressway approach18
through ground level, improvements to ingress and egress points, lighting,19
maintenance, grass cutting, and landscaping of the westbank expressway and20
connecting arteries.21
E. As used in this Section, the "Mississippi River Bridge Authority"22
shall mean the Mississippi River Bridge Authority originally created as a body23
politic and corporate of the state under the authority of Act No. 7 of 1952 and24
transferred to and incorporated within the Department of Transportation and25
Development under the Executive Reorganization Act of Louisiana, as26
amended, and called and operated as the Crescent City Connection Division of27
the Department of Transportation and Development.28
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§1167.1. Effective date of merger, consolidation and transfer of functions;30 SB NO. 599 ENROLLED
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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. All books, papers,19
and records transferred to the department pursuant to this Section or as a result of the Act20
originating as Senate Bill 599 of the 2012 Regular Legislative Session shall be retained for21
a period of no less than five years following such transfer.22
Section 7. It is hereby specifically provided that on the effective date of this Act that23
any appropriations made at this 2012 Regular Session of the legislature, or any funds24
otherwise made available, to carry out the functions herein transferred shall follow the25
functions and activities herein transferred and shall be transferred to the Department of26
Transportation and Development for use by such department in carrying out the functions27
and activities herein transferred to it.28
Section 8. Section 4 of this Act shall become effective upon signature by the29
governor or, if not signed by the governor, upon expiration of the time for bills to become30 SB NO. 599 ENROLLED
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law without signature by the governor, as provided by Article III, Section 18 of the1
Constitution of Louisiana. If vetoed by the governor and subsequently approved by the2
legislature, this Act shall become effective on the day following such approval.3
Section 9. Except for Section 4, this Act shall take effect on January 1, 2013.4
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: