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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 transfers certain powers, duties, and resources
from the Department of Transportation and Development to the Department of Economic
Development. (gov sig)
AN ACT1
To amend and reenact R.S. 36:101(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 Development;4
to provide for a transfer of certain powers, duties, responsibilities, and corresponding5
department employees, equipment, facilities, funding, and statutory entities from the6
Department of Transportation and Development to such office and department; to7
restructure the Department of Economic Development; to create the Multimodal8
Commerce Transition Commission and provide for the creation of a transition plan9
by such commission; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 36:101(B) and (C)(1), the introductory paragraph of 104(B)(1)(a),12
107(A), and 108(A) are hereby amended and reenacted and R.S. 36:110 is hereby enacted13
to read as follows:14
§101. Department of Economic Development; creation; domicile; composition;15
purposes and functions16
* * *17 SB NO. 573
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B. The Department of Economic Development, through its offices and1
officers, shall be responsible for fostering the growth of industry and other2
commercial enterprises in Louisiana and multimodal commerce that will contribute3
to the overall improvement of the economy of the state. The department shall4
promote the advantages of Louisiana to out-of-state business and industry, facilitate5
the expansion of existing enterprises, administer, provide for, plan, and facilitate6
multimodal transportation, aviation, railroad, public mass transit, public7
transportation, and water transportation systems, and coordinate with other state8
agencies and units of local government plans and programs aimed at developing9
optimum conditions for new and expanding industrial and commercial enterprises10
in Louisiana, including effective and efficient multimodal transportation systems11
for such enterprises.12
C.(1) The Department of Economic Development shall be composed of the13
executive office of the secretary, the office of management and finance, the office14
of multimodal commerce, the office of business development, and such other15
offices as shall be created by law.16
* * *17
§104. Powers and duties of the secretary of economic development18
* * *19
B. The secretary shall have the authority to:20
(1)(a) Except as otherwise specifically provided in R.S. 36:110, 801, and R.S.21
36:803:22
* * *23
§107. Assistant secretaries24
A. Each office within the Department of Economic Development, except the25
office of management and finance, and the office of entertainment industry26
development, and the office of multimodal commerce, shall be under the27
immediate supervision and direction of an assistant secretary. The office of28
multimodal commerce shall be under the immediate supervision and direction29 SB NO. 573
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of a commissioner of multimodal commerce. The assistant secretary and the1
commissioner of each such office shall be appointed by the governor with the2
consent of the Senate. Each shall serve at the pleasure of the governor and shall be3
paid a salary which shall be fixed by the governor, which salary shall not exceed the4
amount approved for such position by the legislature while in session.5
* * *6
§108. Offices; purposes and functions7
A. The purposes for which the offices of the Department of Economic8
Development are created shall be as set forth in this Section and R.S. 36:110.9
* * *10
§110. The Department of Economic Development; restructuring; transition11
A. The legislature finds that intrastate transportation is a crucial factor12
in developing the economy of Louisiana, but under the current structure of state13
government is not given the attention it deserves. Under present law, the14
important responsibility of providing, planning, and facilitating multimodal15
transportation, aviation, railroads, public mass transit, public transportation,16
and water transportation systems is buried in the structure of the Department17
of Transportation and Development. That large department is tasked with18
many different responsibilities and duties which make it difficult for it to19
administratively focus on all of them and at the same time accomplish its20
important function of providing efficient and cost-effective construction and21
maintenance of roads, highways, expressways, bridges, drainage, and flood22
control systems. Therefore, in order to give higher visibility and action to and23
allow greater concentration on the equally important responsibilities of24
administering, providing for, planning, and facilitating multimodal25
transportation, aviation, railroad, public mass transit, public transportation,26
and water transportation systems, the legislature hereby expresses its intention27
to transfer those administrative responsibilities to an office of multimodal28
commerce within the Department of Economic Development, restructured as29 SB NO. 573
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provided for in this Section, capable of giving them the close focus they deserve.1
B. Notwithstanding any other provision of law to the contrary, in order2
to implement the intention of the legislature as expressed in Subsection A of this3
Section, the provisions of this Section shall supercede any contrary or4
contradictory provisions of Chapter 11 of this Title or any other law.5
C. All statutory authority for the existence of the Department of6
Economic Development as structured on the initial effective date of this Section7
shall cease as of January 1, 2016.8
D.(1) Except as provided in Paragraph (2) of this Subsection, the powers,9
duties, responsibilities and corresponding department employees, equipment,10
facilities, and funding of the Department of Transportation and Development11
with respect to the function of administering, managing, providing for,12
planning, and facilitating multimodal transportation, aviation, railroads, public13
mass transit, public transportation, and water transportation systems, and14
related statutory entities made a part of such department, shall be transferred15
to the office of multimodal commerce of the Department of Economic16
Development as structured in Subsection E of this Section, effective January 1,17
2016.18
(2)(a) In order to avoid duplication and extra expense to government,19
and in order to efficiently use existing expertise:20
(i) The transfer of function provided for in Paragraph (1) of this21
Subsection shall not include those employees, equipment, and facilities of the22
Department of Transportation and Development which are concerned with23
engineering and construction of projects, permitting, or the funding necessary24
for costs related to such employees, equipment, and facilities, as determined by25
the Multimodal Commerce Transition Commission and its approved plan26
provided for in Subsection F of this Section. However, the commission's27
approved transition plan shall require the Department of Transportation and28
Development to provide the services and expertise of such employees,29 SB NO. 573
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equipment, and facilities upon the request of the office of multimodal commerce1
of the Department of Economic Development at no cost to such office.2
(ii) The initial level of funding for the employees, equipment, facilities,3
and funding transferred pursuant to this Subsection, and for the administration4
thereof, shall not exceed an amount equal to the percentage that such funding5
bears to the total funding of the Department of Transportation and6
Development in the fiscal year prior to the transfer.7
(b) Any powers, duties, responsibilities and corresponding department8
employees, equipment, facilities, and funding of the Department of9
Transportation and Development with respect to federal programs on rail10
safety and the administration of federal rail safety and hazard mitigation funds11
and the like shall remain with the Department of Transportation and12
Development.13
E.(1) The Department of Economic Development shall be restructured,14
effective January 1, 2016, to be composed of the offices provided for on that15
date and the office of multimodal commerce.16
(2)(a) The office of multimodal commerce shall be under the supervision17
of a commissioner of multimodal commerce, and shall be vested with the18
powers, duties, responsibilities, budgetary authority, employees, equipment,19
facilities, and funding provided for in Subsection D of this Section. The20
commissioner shall be authorized to employ, appoint, remove, assign, and21
promote such personnel as is necessary for the efficient administration required22
in performing these responsibilities, in accordance with applicable civil service23
laws, rules, and applicable laws. The secretary and deputy secretary of the24
department shall have no authority to exercise, review, administer, or25
implement the powers, duties, functions, and responsibilities provided or26
authorized for the office pursuant to this Section. However, the undersecretary27
of the department shall, under the supervision and control of the secretary,28
perform and administer those functions of the office which he is required to29 SB NO. 573
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perform and administer to the extent provided for in this Section.1
(b) Such powers, duties, responsibilities, budgetary authority, employees,2
equipment, facilities, and funding of the office of multimodal commerce shall3
be allocated among the following divisions which shall be provided for by law4
in such office:5
(i) Commercial Road Transportation.6
(ii) Public Transit.7
(iii) Ports and Harbors.8
(iv) Aviation.9
(v) Rail.10
(vi) Maritime Industry and Waterways.11
(vii) Offshore Terminal Authority.12
(3) Except for the office of multimodal commerce, the remainder of the13
Department of Economic Development shall retain the same organizational14
structure as it has prior to January 1, 2016.15
F.(1) The Multimodal Commerce Transition Commission is hereby16
established within the office of the governor. It shall be composed of the17
following:18
(a) The commissioner of administration, or his designee, who shall be19
chair of the commission.20
(b) The secretary of the Department of Economic Development, or his21
designee.22
(c) The secretary of the Department of Transportation and Development,23
or his designee.24
(d) The chairs of the Senate and House committees on Transportation,25
Highways, and Public Works, or their designees.26
(e) The chairs of the Senate Committee on Commerce, Consumer27
Protection, and International Affairs and the House Committee on Commerce,28
or their designees.29 SB NO. 573
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(f) A representative selected by the Ports Association of Louisiana1
selected by its board of directors, or his designee.2
(g) A representative selected by the Louisiana Association of Waterway3
Operators and Shipyards, or his designee.4
(h) A representative selected by the Louisiana Airport Managers5
Association, or his designee.6
(i) A representative selected by the Louisiana Motor Transport7
Association, or his designee.8
(j) A representative selected by the Louisiana Railroad Association, or9
his designee.10
(k) The chairman of the Louisiana Board of International Commerce, or11
his designee.12
(l) The chairman of the board of the Offshore Marine Service13
Association, or his designee.14
(2) The Multimodal Commerce Transition Commission shall meet and15
develop a transition plan for the 2015 Regular Session of the Legislature for the16
following:17
(a) The orderly and efficient transfer from the Department of18
Transportation and Development to the office of multimodal commerce of the19
Department of Economic Development of the powers, duties, responsibilities20
and corresponding department employees, equipment, facilities, and funding21
with respect to the function of administering, managing, providing for,22
planning, and facilitating multimodal transportation, aviation, railroads, public23
mass transit, public transportation, and water transportation systems, and24
related statutory entities made a part of the Department of Transportation and25
Development as provided for in Subsection D of this Section, to become effective26
on January 1, 2016.27
(b) The organizational structure of the office of multimodal commerce,28
with an allocation of the powers, duties, responsibilities, officers, equipment,29 SB NO. 573
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and employees among the specific divisions provided for in Subparagraph (2)(b)1
of Subsection E of this Section, to become effective on January 1, 2016.2
(c) Proposed legislation for the 2015 Regular Session of the Legislature3
necessary to implement the transition plan on January 1, 2016.4
(3) A majority of the members of the commission shall constitute a5
quorum for the purpose of taking any action, and actions of the commission6
may be taken by an affirmative vote of the members of the commission present.7
(4) The transition plan of the Multimodal Commerce Transition8
Commission shall be presented to the Senate Committee on Commerce,9
Consumer Protection, and International Affairs and the House Committee on10
Commerce for their review, amendment, and approval prior to the 201511
Regular Session of the Legislature.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
The original instrument was prepared by Riley Boudreaux. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Kari B. Couvillon.
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, 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 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 SB NO. 573
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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, at no cost to such
office.
(2)The initial level of funding for the employees, equipment, facilities, and funding
transferred, and administration thereof, 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, and
shall be composed of the offices in DED provided for on that date and the office of
multimodal commerce.
Proposed law provides that 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. The secretary and deputy
secretary 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.
(7)Offshore Terminal Authority.
Except for the office of multimodal commerce, the remainder of the Department of
Economic Development 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: SB NO. 573
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(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, or his designee.
(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.
(12)The chairman of the board of the Offshore Marine Service Association, 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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 36:101(B), and (C)(1), 104(B)(1)(a) (intro para), 107(A), and 108(A); adds
R.S. 36:110) SB NO. 573
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Revises name of department from Department of Economic Development
and Multimodal Commerce to Department of Economic Development
2. Provides that Dept. of Transportation and Development shall provide
services and expertise in the transfer of the office of multimodal commerce
at no cost to the office.
3. Authorizes funding for administrative costs.
4. Adds a member to the Multimodal Commerce Transition Commission.
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill
1. Technical amendments.
2. Provides for Ports Association of Louisiana designee.