SLS 14RS-1460 ORIGINAL
Page 1 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 573
BY SENATOR CHABERT
PUBLIC TRANSPORTATION. Creates the office of multimodal commerce in the
Department of Economic Development and Multimodal Commerce created from a
restructured Department of Economic Development, and transfers powers, duties, and
responsibilities with respect to multimodal commerce and corresponding department
employees, equipment, facilities, funding, and statutory entities from the Department of
Transportation and Development to such office and department. (gov sig)
AN ACT1
To amend and reenact R.S. 36:4(2), 101(A), (B), and (C)(1), the introductory paragraph of2
104(B)(1)(a), 107(A), and 108(A) and to enact R.S. 36:110, relative to the creation3
of an office of multimodal commerce in the Department of Economic Development4
and Multimodal Commerce; to provide for a transfer of certain powers, duties,5
responsibilities, and corresponding department employees, equipment, facilities,6
funding, and statutory entities from the Department of Transportation and7
Development to such office and department; to restructure the Department of8
Economic Development into the Department of Economic Development and9
Multimodal Commerce; to create the Multimodal Commerce Transition Commission10
and provide for the creation of a transition plan by such commission; and to provide11
for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 36:4(2), 101(A), (B), and (C)(1), the introductory paragraph of14
104(B)(1)(a), 107(A), and 108(A) are hereby amended and reenacted and R.S. 36:110 is15
hereby enacted to read as follows: 16 SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 2 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
CHAPTER 3. DEPARTMENT OF ECONOMI C DEVELOPMENT1
AND MULTIMODAL COMMERCE2
§4. Structure of executive branch of state government3
A. In accordance with the provisions of Article IV, Section 1 and Article4
XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions,5
agencies, and instrumentalities of the executive branch of state government, whether6
constitutional or statutory, and/or their functions, powers, duties, and responsibilities7
shall be allocated, either in the Act by which this Title was created or by legislation8
enacted subsequent thereto, within the departments listed in this Section, except as9
provided in Subsections B and C of this Section, and in order to comply with this10
constitutional mandate, the agencies of the executive branch of state government11
hereinafter enumerated, whether heretofore created by the constitution or by statute,12
and/or their functions, powers, duties, and responsibilities are allocated, in the13
manner hereinafter set forth in this Title, within the following designated14
departments:15
* * *16
(2) Department of Economic Development and Multimodal Commerce.17
* * *18
§101. Department of Economic Development and Multimodal Commerce;19
creation; domicile; composition; purposes and functions20
A.(1) The Department of Economic Development is created and, beginning21
January 1, 2016, shall be renamed the Department of Economic Development22
and Multimodal Commerce and shall be restructured as provided for in R.S.23
36:110. and The department shall be a body corporate with the power to sue and24
be sued. The domicile of the department shall be in Baton Rouge.25
(2) Beginning January 1, 2016, any reference in this Chapter, this Title,26
or any other Title of the Louisiana Revised Statutes of 1950 to the "Department27
of Economic Development" shall mean the "Department of Economic28
Development and Multimodal Commerce".29 SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 3 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The Department of Economic Development and Multimodal Commerce,1
through its offices and officers, shall be responsible for fostering the growth of2
industry and other commercial enterprises in Louisiana and multimodal commerce3
that will contribute to the overall improvement of the economy of the state. The4
department shall promote the advantages of Louisiana to out-of-state business and5
industry, facilitate the expansion of existing enterprises, administer, provide for,6
plan, and facilitate multimodal transportation, aviation, railroad, public mass7
transit, public transportation, and water transportation systems, and coordinate8
with other state agencies and units of local government plans and programs aimed9
at developing optimum conditions for new and expanding industrial and commercial10
enterprises in Louisiana, including effective and efficient multimodal11
transportation systems for such enterprises.12
C.(1) The Department of Economic Development and Multimodal13
Commerce shall be composed of the executive office of the secretary, the office of14
management and finance, the office of multimodal commerce, the office of15
business development, and such other offices as shall be created by law.16
* * *17
§104. Powers and duties of the secretary of economic development and18
multimodal commerce19
* * *20
B. The secretary shall have the authority to:21
(1)(a) Except as otherwise specifically provided in R.S. 36:110, 801, and R.S.22
36:803:23
* * *24
§107. Assistant secretaries25
A. Each office within the Department of Economic Development, except the26
office of management and finance, and the office of entertainment industry27
development, and the office of multimodal commerce, shall be under the28
immediate supervision and direction of an assistant secretary. The office of29 SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 4 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
multimodal commerce shall be under the immediate supervision and direction1
of a Commissioner of Multimodal Commerce. The assistant secretary and such2
commissioner of each such office shall be appointed by the governor with the3
consent of the Senate. Each shall serve at the pleasure of the governor and shall be4
paid a salary which shall be fixed by the governor, which salary shall not exceed the5
amount approved for such position by the legislature while in session.6
* * *7
§108. Offices; purposes and functions8
A. The purposes for which the offices of the Department of Economic9
Development are created shall be as set forth in this Section and R.S. 36:110.10
* * *11
§110. The Department of Economic Development and Multimodal Commerce;12
creation; restructuring; transition13
A. The Legislature finds that intrastate transportation is a crucial factor14
in developing the economy of Louisiana, but under the current structure of state15
government is not given the attention it deserves. Under present law, the16
important responsibility of providing, planning, and facilitating multimodal17
transportation, aviation, railroads, public mass transit, public transportation,18
and water transportation systems is buried in the structure of the Department19
of Transportation and Development. That large department is tasked with20
many different responsibilities and duties which make it difficult for it to21
administratively focus on all of them and at the same time accomplish its22
important function of providing efficient and cost-effective construction and23
maintenance of roads, highways, expressways, bridges, drainage, and flood24
control systems. Therefore, in order to give higher visibility and action to and25
allow greater concentration on the equally important responsibilities of26
administering, providing for, planning, and facilitating multimodal27
transportation, aviation, railroad, public mass transit, public transportation,28
and water transportation systems, the legislature hereby expresses its intention29 SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 5 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to transfer those administrative responsibilities to an office of multimodal1
commerce within the "Department of Economic Development and Multimodal2
Commerce", restructured as provided for in this Section, capable of giving them3
the close focus they deserve.4
B. Notwithstanding any other provision of law to the contrary, in order5
to implement the intention of the Legislature as expressed in Subsection A of6
this Section, the provisions of this Section shall supercede any contrary or7
contradictory provisions of Chapter 11 of this Title or any other law.8
C. All statutory authority for the existence of the Department of9
Economic Development as structured on the initial effective date of this Section10
shall cease as of January 1, 2016.11
D.(1) Except as provided in Paragraph (2) of this Subsection, the powers,12
duties, responsibilities and corresponding department employees, equipment,13
facilities, and funding of the Department of Transportation and Development14
with respect to the function of administering, managing, providing for,15
planning, and facilitating multimodal transportation, aviation, railroads, public16
mass transit, public transportation, and water transportation systems, and17
related statutory entities made a part of such department, shall be transferred18
to the office of multimodal commerce of the Department of Economic19
Development and Multimodal Commerce, as created and structured in20
Subsection E of this Section, effective January 1, 2016.21
(2)(a) In order to avoid duplication and extra expense to government,22
and in order to efficiently use existing expertise:23
(i) The transfer of function provided for in Paragraph (1) of this24
Subsection shall not include those employees, equipment, and facilities of the25
Department of Transportation and Development which are concerned with26
engineering and construction of projects, permitting, or the funding necessary27
for costs related to such employees, equipment, and facilities, as determined by28
the Multimodal Commerce Transition Commission and its approved plan29 SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 6 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provided for in Subsection F of this Section. However, the commission's1
approved transition plan shall require the Department of Transportation and2
Development to provide the services and expertise of such employees,3
equipment, and facilities upon the request of the office of multimodal commerce4
of the Department of Economic Development and Multimodal Commerce.5
(ii) The initial level of funding for the employees, equipment, facilities,6
and funding transferred pursuant to this Subsection shall not exceed an amount7
equal to the percentage that such funding bears to the total funding of the8
Department of Transportation and Development in the fiscal year prior to the9
transfer.10
(b) Any powers, duties, responsibilities and corresponding department11
employees, equipment, facilities, and funding of the Department of12
Transportation and Development with respect to federal programs on rail13
safety and the administration of federal rail safety and hazard mitigation funds14
and the like shall remain with the Department of Transportation and15
Development.16
E.(1) The Department of Economic Development shall be restructured17
and re-created, effective January 1, 2016, as the Department of Economic18
Development and Multimodal Commerce which shall be composed of the offices19
provided for on that date and the office of multimodal commerce.20
(2)(a) The office of multimodal commerce shall be under the supervision21
of a Commissioner of Multimodal Commerce, and shall be vested with the22
powers, duties, responsibilities, budgetary authority, employees, equipment,23
facilities, and funding provided for in Subsection D of this Section. The24
commissioner shall be authorized to employ, appoint, remove, assign, and25
promote such personnel as is necessary for the efficient administration required26
in performing these responsibilities, in accordance with applicable civil service27
laws, rules, and regulations, and with policies and rules, subject to budgetary28
control of the Department of Economic Development and Multimodal29 SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 7 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Commerce, and applicable laws. The secretary, deputy secretary, and1
undersecretary of the department shall have no authority to exercise, review,2
administer, or implement the powers, duties, functions, and responsibilities3
provided or authorized for the office pursuant to this Section. However, the4
undersecretary of the department shall, under the supervision and control of5
the secretary, perform and administer those functions of the office which he is6
required to perform and administer to the extent provided for in this Chapter.7
(b) Such powers, duties, responsibilities, budgetary authority, employees,8
equipment, facilities, and funding of the office of multimodal commerce shall9
be allocated among the following divisions which shall be provided for by law10
in such office:11
(i) Commercial Road Transportation.12
(ii) Public Transit.13
(iii) Ports and Harbors.14
(iv) Aviation.15
(v) Rail.16
(vi) Maritime Industry and Waterways.17
(vii) Offshore Terminal Authority.18
(3) Except for the office of multimodal commerce, the remainder of the19
Department of Economic Development and Multimodal Commerce shall retain20
the same organizational structure as the Department of Economic Development21
has prior to January 1, 2016.22
F.(1) The Multimodal Commerce Transition Commission is hereby23
established within the office of the governor. It shall be composed of the24
following:25
(a) The Commissioner of Administration, or his designee, who shall be26
chair of the commission.27
(b) The Secretary of the Department of Economic Development, or his28
designee.29 SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 8 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(c) The Secretary of the Department of Transportation and1
Development, or his designee.2
(d) The Chairs of the Senate and House committees on Transportation,3
Highways, and Public Works, or their designees.4
(e) The Chairs of the Senate Committee on Commerce, Consumer5
Protection, and International Affairs and the House Committee on Commerce,6
or their designees.7
(f) A representative selected by the Ports Association of Louisiana8
selected by its board of directors.9
(g) A representative selected by the Louisiana Association of Waterway10
Operators and Shipyards, or his designee.11
(h) A representative selected by the Louisiana Airport Managers12
Association, or his designee.13
(i) A representative selected by the Louisiana Motor Transport14
Association, or his designee.15
(j) A representative selected by the Louisiana Railroad Association, or16
his designee.17
(k) The chairman of the Louisiana Board of International Commerce, or18
his designee.19
(2) The Multimodal Commerce Transition Commission shall meet and20
develop a transition plan for the 2015 Regular Session of the Legislature for the21
following:22
(a) The orderly and efficient transfer from the Department of23
Transportation and Development to the office of multimodal commerce of the24
Department of Economic Development and Multimodal Commerce of the25
powers, duties, responsibilities and corresponding department employees,26
equipment, facilities, and funding with respect to the function of administering,27
managing, providing for, planning, and facilitating multimodal transportation,28
aviation, railroads, public mass transit, public transportation, and water29 SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 9 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
transportation systems, and related statutory entities made a part of the1
Department of Transportation and Development as provided for in Subsection2
D of this Section, to become effective on January 1, 2016.3
(b) The organizational structure of the office of multimodal commerce,4
with an allocation of the powers, duties, responsibilities, officers, equipment,5
and employees among the specific divisions provided for in Subparagraph (2)(b)6
of Subsection E of this Section, to become effective on January 1, 2016.7
(c) Proposed legislation for the 2015 Regular Session of the Legislature8
necessary to implement the transition plan on January 1, 2016.9
(3) A majority of the members of the commission shall constitute a10
quorum for the purpose of taking any action, and actions of the commission11
may be taken by an affirmative vote of the members of the commission present.12
(4) The transition plan of the Multimodal Commerce Transition13
Commission shall be presented to the Senate Committee on Commerce,14
Consumer Protection, and International Affairs and the House Committee on15
Commerce for their review, amendment, and approval prior to the 201516
Regular Session of the Legislature.17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Chabert (SB 573)
Proposed law terminates all statutory authority for the existence of the Department of
Economic Development [DED] on January 1, 2016.
Proposed law requires the transfer to the office of multimodal commerce of the Department
of Economic Development and Multimodal Commerce, as created and structured in the
proposed law effective January 1, 2016, of the powers, duties, responsibilities and
corresponding department employees, equipment, facilities, and funding of the Department SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 10 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of Transportation and Development [DOTD] with respect to the function of administering,
managing, providing for, planning, and facilitating multimodal transportation, aviation,
railroads, public mass transit, public transportation, and water transportation systems, and
related statutory entities made a part of such department [hereafter called "multimodal
functions"].
However, in order to avoid duplication and extra expense to government, and in order to
efficiently use existing expertise:
(1)Employees, equipment, and facilities of DOTD which are concerned with
engineering and construction of projects, permitting, or the funding necessary for
costs related to such employees, equipment, and facilities, as determined by the
Multimodal Commerce Transition Commission and its approved plan (see below)
are not transferred, but the commission's approved transition plan must require
DOTD to provide the services and expertise of such employees, equipment, and
facilities upon the request of the office of multimodal commerce.
(2)The initial level of funding for the employees, equipment, facilities, and funding
transferred must not exceed an amount equal to the percentage that such funding
bears to the total funding of DOTD in the fiscal year prior to the transfer.
(3)Any powers, duties, responsibilities and corresponding department employees,
equipment, facilities, and funding of DOTD with respect to federal programs on rail
safety and the administration of federal rail safety and hazard mitigation funds and
the like must remain with DOTD.
Proposed law requires DED to be restructured and re-created, effective January 1, 2016, as
the "Department of Economic Development and Multimodal Commerce" which is to be
composed of the offices in DED provided for on that date and the office of multimodal
commerce.
The office is under the supervision of a Commissioner of Multimodal Commerce, and is
vested with the multimodal functions. The commissioner is authorized to employ, appoint,
remove, assign, and promote such personnel as is necessary for the efficient administration
required in performing those responsibilities, subject to budgetary control of the Department
of Economic Development and Multimodal Commerce. The secretary, deputy secretary, and
undersecretary of the department have no authority to exercise, review, administer, or
implement the powers, duties, functions, and responsibilities provided or authorized for the
office pursuant to the proposed law. However, the undersecretary of DED shall, under the
supervision and control of the secretary, perform and administer those functions of the office
which he is required to perform and administer to the extent provided for in present law.
Proposed law requires the "multimodal functions" and employees, equipment, facilities, and
funding to be allocated among the following divisions that must be provided for by law in
the office:
(1)Commercial Road Transportation.
(2)Public Transit.
(3)Ports and Harbors.
(4)Aviation.
(5)Rail.
(6)Maritime Industry and Waterways. SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 11 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(7)Offshore Terminal Authority.
Except for the office of Multimodal Commerce, the remainder of the Department of
Economic Development and Multimodal Commerce is to retain the same organizational
structure as DED has prior to January 1, 2016.
Proposed law establishes The Multimodal Commerce Transition Commission within the
office of the governor composed of the following:
(1)The Commissioner of Administration, or his designee, who is the chair of the
commission.
(2)The Secretary of DED, or his designee.
(3)The Secretary of DOTD, or his designee.
(4)The chairs of the Senate and House committees on Transportation, Highways, and
Public Works, or their designees.
(5)The chairs of the Senate Committee on Commerce, Consumer Protection, and
International Affairs and the House Committee on Commerce, or their designees.
(6)A representative selected by the Ports Association of Louisiana selected by its board
of directors.
(7)A representative selected by the Louisiana Association of Waterway Operators and
Shipyards, or his designee.
(8)A representative selected by the Louisiana Airport Managers Association, or his
designee.
(9)A representative selected by the Louisiana Motor Transport Association, or his
designee.
(10)A representative selected by the Louisiana Railroad Association, or his designee.
(11)The chairman of the La. Board of International Commerce, or his designee.
The transition commission must meet and develop a transition plan for the 2015 Regular
Session for the following:
(1)The orderly and efficient transfer from DOTD to the office of multimodal commerce
of the "multimodal functions" powers, duties, responsibilities and corresponding
department employees, equipment, facilities, and funding with respect to the
multimodal functions of DOTD, to become effective on January 1, 2016.
(2)The organizational structure of the office of multimodal commerce, with an
allocation of the powers, duties, responsibilities, officers, equipment, and employees
among the specific divisions provided for in the proposed law (see above) to become
effective on January 1, 2016.
(3)Proposed legislation for the 2015 Regular Session necessary to implement the
transition plan on January 1, 2016.
Proposed law requires the transition plan to be presented to the Senate Committee on
Commerce, Consumer Protection, and International Affairs and the House Committee on
Commerce for their review, amendment, and approval prior to the 2015 Regular Session. SB NO. 573
SLS 14RS-1460 ORIGINAL
Page 12 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 36:4(2), 101(A), (B), and (C)(1), 104(B)(1)(a) (intro para), 107(A), and
108(A); adds R.S. 36:110)