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 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.
(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.
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)