Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB389 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Chabert (SB 389)
Present law, relative to multimodal transportation and the Louisiana Transportation Authority,
provides that:
(1)The legislature hereby finds and declares that the development, construction,
improvement, expansion, and maintenance of an efficient, safe, and well-maintained
intermodal transportation system is essential to promote Louisiana's economic growth and
the ability of business and industry to compete in regional, national, and global markets
and to provide a high quality of life for the people of this state.
(2)The authority may exercise powers necessary, appurtenant, convenient, or incidental to
the carrying out of its purposes, including but not limited to:
(a)Adopting rules and regulations in accordance with the APA, subject to oversight
by the House and Senate Transportation, Highways and Public Works
Committees, necessary to carry out the purposes of the authority, for the
governance of its affairs, and for the conduct of its business.
(b)Acquiring public or private lands in the name of the authority by purchase,
donation, exchange, foreclosure, lease, or otherwise, including rights or
easements, or by the exercise of the power of eminent domain in the manner
hereinafter provided, as it may deem necessary for carrying out 	present law.
(c) Administering and disbursing the funds deposited into the Transportation
Mobility Fund which funds shall be used solely to fund projects which qualify for
funding according to present law and shall not be disbursed or used by the
authority for any other purpose. Further, the funds deposited into the
Transportation Mobility Fund shall not be commingled with any other funds
administered by the authority.
Proposed law makes technical revisions.  Otherwise retains present law.
Present law, regarding state-designated projects, provides that the authority may, upon obtaining
the approval of DOTD, undertake a state-designated project.  Provides that DOTD shall serve as
the agent for the authority for the purpose of constructing and completing improvements and
extensions to such project. In such event, the authority shall provide DOTD with complete copies
of all documents, agreements, resolutions, contracts, and instruments relating thereto; shall
request DOTD to do such construction work, including the planning, surveying, and actual
construction of the completion, extensions, and improvements thereto; and shall transfer to the credit of an account of DOTD in the state treasury the necessary funds therefor. Then DOTD
shall proceed with such construction and use the funds for such purpose in the same manner as it
is now authorized to use the funds otherwise provided by law for its use in the construction of
roads and bridges.  Provides that notwithstanding any other law to the contrary, the authority
shall have full power to carry out all of the powers and duties set forth in present law, without the
necessity of obtaining the approval or consent of the state, or any state agency, political
subdivision, district, authority, or other public entity except as expressly provided for in 	present
law.
Proposed law make technical revisions.  Otherwise retains present law.
Effective August 1, 2014.
(Amends R.S. 48:2072(A), 2077(1), (9), and (24), and 2078(A), (C), and (E))