Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB218 Comm Sub / Analysis

                    The legislative instrument and the following digest, which constitutes no part of
the legislative instrument, were prepared by Sharon F. Lyles.
CONFERENCE COMMI TTEE REPORT DIGEST
Senate Bill No. 218 by Senator Morrell
Keyword and summary of the bill as proposed by the Conference Committee
ROADS/HIGHWAYS.  Prohibits DOTD from collecting fines from certain persons not paying
tolls on the Crescent City Connection and establishes a toll amnesty program. (gov sig)
Report adopts House amendments to:
1. Change the end date for the period of time DOTD is prohibited from collecting a
toll, charge, administrative fee, or late charge from any person who failed to pay a
toll  to cross the Crescent City Connection Bridge 	from
May 4, 2013, to March 5, 2013.
2. Make technical corrections to Engrossed Senate Bill No. 218 as proposed in
House Committee Amendment Nos. 1, 2, 3, 4, and 6 proposed by the House
Committee on Transportation, Highways, and Public Works. 
Report rejects House amendments which would have:
1. Required DOTD to conduct a toll violation amnesty program and provide for
distribution of funds in the Crescent City Transition Fund.
2. Made Legislative Bureau Amendments to House Committee Amendment No. 5
proposed by the House Committee on Transportation, Highways, and Public
Works.
Report amends the bill to:
1. Require DOTD to conduct a toll violation amnesty program for all persons alleged
to have failed to pay a toll to cross the Crescent City Connection Bridge prior to
January 1, 2013.
2. Require DOTD to begin the toll violation amnesty program no later than August
1, 2013, to conclude the program on October 1, 2013, and to publicize the
program.
3. Restrict DOTD from taking any action to collect a charge, administrative fee, or late charge from a person who is alleged to have failed to pay a toll to cross the
Crescent City Connection Bridge prior to January 1, 2013.
4. Specify that persons who have entered into payment plans with DOTD in
connection with an alleged failure to pay a toll on the Crescent City Connection
Bridge may avail themselves of the toll violation  amnesty program.
5. Require DOTD to deposit all funds collected during the toll violation amnesty
program into the Crescent City Transition Fund. 
6. Specify that upon conclusion of the program that DOTD shall notify DPS&C,
office of motor vehicles, of all persons who disposed of toll violations pursuant to
the toll violation amnesty program and that the office of motor vehicles shall be
prohibited from refusing to renew the driver's licenses of such persons for the
alleged failure to respond to a notice from DOTD pertaining to the alleged failure
to pay a toll to cross the Crescent City Connection Bridge.
7. Require DOTD to submit all evidence of outstanding toll violations alleged to
have occurred prior to January 1, 2013, to the Department of Justice or
Department of Revenue for collections upon conclusion of the program.
8. Add a provision for monies in the Crescent City Transition Fund and that of the
first $4 million in the Fund for ferry service, that $1.4 million be available for
ferry operation costs, such funds to be appropriated annually in the amount of
$700,000 for the fiscal years beginning July 1, 2013, and July 1, 2014.
9. Add that an amount not to exceed 20% of the funds collected and deposited into
the Fund pursuant to the amnesty program shall be appropriated to the department
for its costs incurred to implement the program.
10.Remove the December 31, 2012, date applicable to the balance of monies in the
Fund required to be appropriated to the New Orleans Regional Planning
Commission.
Digest of the bill as proposed by the Conference Committee
Present law requires the DOTD to collect tolls to cross the Crescent City Connection Bridge
(CCC) beginning on January 1, 2013, until December 31, 2033, subject to a favorable vote of
certain electors.  On November 6, 2012, electors approved renewal of tolls.  On March 5, 2013,
Hon. William Morvant, Judge, 19
th
 JDC, East Baton Rouge Parish, vacated the election results
which approved renewal of tolls on the CCC and ordered a new election to be held on May 4,
2013.  DOTD suspended toll collections on March 5, 2013. Proposed law prohibits DOTD from enforcing present law to collect a toll, charge, administrative
fee, or late charge required from any person for failure to pay a toll to cross the CCC from
January 1, 2013, through March 5, 2013.
Proposed law requires DOTD to conduct a toll violation amnesty program for all persons alleged
to have failed to pay a toll to cross the Crescent City Connection Bridge prior to January 1, 2013.
Proposed law requires DOTD to begin the toll violation amnesty program no later than August 1,
2013, to conclude the program on October 1, 2013, and to publicize the program.
Proposed law provides that DOTD shall not take any action to collect a charge, administrative
fee,  or late charge from a person who is alleged to have failed to pay a toll to cross the Crescent
City Connection Bridge prior to January 1, 2013.
Proposed law provides that persons who have entered into payment plans with DOTD in
connection with an alleged failure to pay a toll to cross the Crescent City Connection Bridge
prior to January 1, 2013, may avail themselves of the toll violation amnesty program and that
persons who avail themselves of the program shall be relieved of any further obligations under
any payment plan and be obligated only to pay amounts due under the program.
Proposed law provides that DOTD shall deposit the funds collected during the toll violation
amnesty program into the Crescent City Transition Fund.
Proposed law provides that upon conclusion of the program that DOTD shall notify DPS&C,
office of motor vehicles, of all persons who disposed of toll violations pursuant to the toll
violation amnesty program and that the office of motor vehicles shall be prohibited from refusing
to renew the driver's licenses of such person for the alleged failure to respond to a notice from
DOTD pertaining to the alleged failure to pay a toll to cross the Crescent City Connection
Bridge.
Proposed law requires DOTD upon conclusion of the program to turn over all evidence of
outstanding toll violations alleged to have occurred prior to January 1, 2013, to the Department
of Justice or Department of Revenue for collections.
Present law provides for deposit of monies in the Crescent City Transition Fund and that the first
$4 million deposited into the Fund be appropriated to DOTD for capitalizing ferry service
formerly operated by the Crescent City Connection Division in the Marine Trust Program and
that the balance in the fund as of December 31, 2012 be appropriated to the New Orleans
Regional Planning Commission for lighting of the approaches to the Crescent City Connection.
Proposed law requires that of the amount appropriated for ferry service formerly operated by the
Crescent City Connection in present law that $1,400,000 of such funds shall be available for 
ferry operation costs, such funds to be appropriated annually in the amount of $700,000 for the
fiscal years beginning July 1, 2013, and July 1, 2014.  Proposed law removes the reference to the December 31, 2012 date.
Proposed law also provides that an amount not to exceed 20% of the monies collected under the
toll violation amnesty program and deposited in the Fund as provided in proposed law be
appropriated to DOTD for its costs to implement the program. 
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 48:1161.2(D); adds R.S. 47:7013.1)