RDCSB573 1814 5679
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Chabert SB No. 573
Proposed law requires the transfer to the office of ports and maritime commerce of the Dept.
of Economic Development ("DED"), as created and structured in proposed law effective
Jan. 1, 2016, of the powers, duties, responsibilities, and corresponding department
employees, equipment, facilities, and funding of the Dept. of Transportation and
Development ("DOTD") with respect to the function of administering, managing, providing
for, planning, and facilitating ports, harbors, and water transportation systems, and related
statutory entities made a part of such department (hereafter called "ports and maritime
functions").
In order to avoid duplication and extra expense to government, and in order to efficiently use
existing expertise, proposed law provides as follows:
(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 Ports
and Maritime 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 ports and maritime 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 Jan. 1, 2016, and
shall be composed of the offices in DED provided for on that date and the office of ports and
maritime commerce.
Proposed law provides that the office is under the supervision of a commissioner of ports
and maritime commerce and is vested with the ports and maritime functions. Provides that
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 DED. Provides that 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 proposed law. However, provides that the undersecretary of DED shall, under
the supervision and control of the secretary, perform and administer those functions of the
office that he is required to perform and administer to the extent provided for in present law.
Proposed law requires the ports and maritime 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)Ports and Harbors.
(2)Maritime Industry and Waterways. RDCSB573 1814 5679
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Except for the office of ports and maritime commerce, the remainder of DED is to retain the
same organizational structure as DED has prior to Jan. 1, 2016.
Proposed law establishes the Ports and Maritime 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)Two representatives of the Ports Assoc. of La. selected by its board of directors.
(7)Two representatives of the La. Assoc. of Waterway Operators and Shipyards selected
by its board.
(8)The chairman of the La. Board of International Commerce, or his designee.
(9)Two representatives of the Offshore Marine Service Assoc. selected by its board of
directors.
Proposed law requires the transition commission to meet and develop a transition plan for
the 2015 R.S. for the following:
(1)The orderly and efficient transfer from DOTD to the office of ports and maritime
commerce of the ports and maritime functions powers, duties, responsibilities and
corresponding department employees, equipment, facilities, and funding with respect
to the ports and maritime functions of DOTD, to become effective on Jan. 1, 2016.
(2)The organizational structure of the office of ports and maritime 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 Jan. 1, 2016.
(3)Proposed legislation for the 2015 R.S. necessary to implement the transition plan on
Jan. 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 the respective committee's review, amendment, and approval no later than
Feb. 1, 2015.
Effective upon signature of 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)
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. RDCSB573 1814 5679
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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.
Senate Floor Amendments to reengrossed bill
1. Makes technical changes.
2. Removes the aviation division from the office of multimodal commerce and
all references to aviation.
3. Removes the representative of the Louisiana Airport Managers Association
as a member of the commission.
4. Changes the date required for submission of the commission's transition plan
from prior to the 2015 Regular Session to no later than February 1, 2015.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the re-reengrossed bill.
1. Removes provisions of proposed law transferring powers, duties, responsibilities,
and corresponding department employees, equipment, facilities, funding, and
statutory entities relative to multimodal transportation, railroad, public mass
transit, and public transportation, thereby limiting proposed law to ports, harbors,
and water transportation systems. Makes corresponding changes to provisions
providing for the creation of an office within the Dept. of Economic
Development and the creation of a transition commission.
2. Removes provisions providing for a division of Offshore Terminal Authority
within the office created by proposed law within the Dept. of Economic
Development.
3. Makes technical changes.