Page 1 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 ENROLLED SENATE BILL NO. 573 BY SENATOR CHABERT AND REPRESENTATI VE LEGER AN ACT1 To amend and reenact R.S. 36:501(C)(1), 502, and 508.1(A), (B), (E), and (F) and to enact2 R.S. 36:508.3 and 508.4, relative to the creation of an office of multimodal3 commerce in the Department of Transportation and Development; to provide for4 powers and duties of the office and the commissioner; to create a Multimodal5 Commerce Advisory Commission; to provide for the creation of an operational plan6 by such commission; and to provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 36:501(C)(1), 502, and 508.1(A), (B), (E), and (F) are hereby9 amended and reenacted and R.S. 36:508.3 is hereby enacted to read as follows:10 §501. Department of Transportation and Development; creation; domicile;11 composition; purposes and functions12 * * *13 C.(1) The Department of Transportation and Development shall be composed14 of the executive office of the secretary, the office of management and finance, the15 office of engineering, the office of multimodal planning, the office of operations, the16 office of multimodal commerce, and such other offices as shall be created by law.17 * * *18 §502. Officers of the department; compensation for one office only19 A.(1) The officers of the department shall be the secretary, undersecretary,20 deputy secretary, chief engineer, assistant secretary of multimodal planning,21 commissioner of multimodal commerce, and assistant secretary of operations, each22 of whom shall be selected and shall perform functions as provided in this Title.23 (2) The secretary, undersecretary, deputy secretary, assistant secretary of24 ACT No. 719 SB NO. 573 ENROLLED Page 2 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. multimodal planning, assistant secretary of operations, executive director of the1 Offshore Terminal Authority, commissioner of multimodal commerce, and such2 other positions which may be authorized by the State Civil Service Commission or3 the state constitution shall be the only unclassified positions in the Department of4 Transportation and Development. All other positions in the department shall be in5 the classified state service. The secretary shall fill such positions as in his opinion6 and judgment are necessary to the operation of the department in accordance with7 applicable rules and regulations of the State Civil Service Commission and8 applicable law.9 B. No person serving as a secretary, undersecretary, deputy secretary, chief10 engineer, assistant secretary of multimodal planning, assistant secretary of11 operations, commissioner of multimodal commerce, or in any other office in the12 department shall receive any additional salary from the state other than that salary13 which he receives by virtue of serving in any one of such offices. Any statewide14 elected official appointed to serve as a secretary or deputy secretary shall not receive15 any additional salary from the state other than that salary which he receives as a16 statewide elected official.17 C. Notwithstanding any provision herein to the contrary, subject to approval18 of the governor, any person, including any statewide elected official, serving or19 appointed to serve as a secretary or deputy secretary may receive additional20 compensation for part-time services rendered as an instructor in postsecondary21 educational institutions, or as a member of the National Guard.22 * * *23 §508.1. Office of multimodal planning; functions; assistant secretary; powers and24 duties25 A. There is hereby created within the Department of Transportation and26 Development, the office of multimodal planning, which shall administer the planning27 and programming matters of the department related to strategic and intermodal28 issues, highways , bridge and pavement management, data collection and analysis,29 congestion, safety, aviation, public transportation, public mass transit, and railroad30 SB NO. 573 ENROLLED Page 3 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. and water transportation systems, and related matters, and any other special1 programs as may be directed by the secretary.2 B. The office of multimodal planning shall be under the immediate3 supervision of the assistant secretary, who shall be appointed by the governor and4 shall serve at the pleasure of the secretary. The assistant secretary shall be a5 competent engineer or an urban or regional transportation planner of recognized6 ability and standing who is familiar with the operations of public transportation7 departments and who, at a minimum, has earned a bachelor's degree. The assistant8 secretary shall give his whole time to the duties of his office.9 * * *10 E. The assistant secretary shall administer all department functions and duties11 for which the office of multimodal planning is responsible. He shall also have such12 other duties as may be assigned to him by the secretary, by the provisions of this13 Chapter, or by the laws of this state. He shall report the proceedings of his office14 annually to the secretary of the department and at such other times as the secretary15 may designate, and he shall make any additional reports as are required by the16 secretary.17 F. The secretary is specifically authorized and empowered to perform any of18 the duties of the assistant secretary when the assistant secretary is absent or19 incapacitated or when in the opinion of the secretary it would be in the best interest20 of the department. The assistant secretary with approval of the secretary may21 designate a member of the senior staff in the office of multimodal planning to22 perform any duties required of the assistant secretary.23 * * *24 §508.3. Office of multimodal commerce; functions; commissioner; deputy25 commissioner; powers and duties26 A.(1) There is hereby created within the Department of Transportation27 and Development, the office of multimodal commerce, which shall administer28 the planning and programming functions of the department related to strategic29 and intermodal issues, aviation, commercial trucking, intercity public mass30 SB NO. 573 ENROLLED Page 4 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. transit, railroad expansion and development, port and water transportation1 systems, and related matters, and any other special programs as may be2 directed by the governor.3 (2) The office shall advise the office of planning on intermodal issues and4 implement the master plan as it relates to intermodal transportation.5 (3) Notwithstanding Paragraph (1) of this Subsection, any powers, duties,6 responsibilities and corresponding department employees, equipment, facilities,7 and funding of the Department of Transportation and Development with8 respect to federal programs on rail safety and the administration of federal rail9 safety and hazard mitigation funds and the like shall remain with the office of10 engineering of the Department of Transportation and Development.11 B. The office of multimodal commerce shall be vested with the powers,12 duties, responsibilities, budgetary authority, and department employees,13 equipment, facilities, and funding necessary to carry out the functions conferred14 upon it by the provisions of Paragraphs (1) and (2) of Subsection (A) of this15 Section.16 C. (1) The office of multimodal commerce shall be under the supervision17 of a commissioner of multimodal commerce, who shall administer all18 department functions and duties for which the office of multimodal commerce19 is responsible. The commissioner shall be appointed by the governor, subject to20 Senate confirmation, and shall serve at the pleasure of the governor.21 (2) The commissioner shall have authority, in accordance with applicable22 rules and regulations of the civil service commission, to employ, appoint,23 transfer, assign, and promote such personnel as is necessary for the efficient24 administration of the office of multimodal commerce.25 (3) The commissioner shall receive an annual salary fixed by the26 governor, which salary shall not exceed the amount approved for such position27 by the legislature while in session, and shall be allowed his actual and necessary28 traveling expenses incurred in the discharge of his official duties.29 D. The powers, duties, responsibilities, budgetary authority, employees,30 SB NO. 573 ENROLLED Page 5 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. equipment, facilities, and funding of the office of multimodal commerce shall1 be allocated among the following divisions of such office:2 (1) Commercial trucking.3 (2) Ports and harbors.4 (3) Aviation.5 (4) Rail.6 (5) Maritime.7 (6) Intercity public mass transit.8 Section 2. R.S. 36:508.4 is hereby enacted to read as follows:9 §508.4. Multimodal Commerce Advisory Commission10 A. The Multimodal Commerce Advisory Commission is hereby11 established within the office of multimodal commerce. It shall be composed of12 the following:13 (1) The commissioner of administration, or his designee, who shall be14 chair of the commission.15 (2) The secretary of the Department of Economic Development, or his16 designee.17 (3) The secretary of the Department of Transportation and Development,18 or his designee.19 (4) The chairs of the Senate and House committees on Transportation,20 Highways, and Public Works, or their designees.21 (5) The chairs of the Senate Committee on Commerce, Consumer22 Protection, and International Affairs and the House Committee on Commerce,23 or their designees.24 (6) A representative of the Ports Association of Louisiana selected by its25 board of directors.26 (7) A representative of the Louisiana Association of Waterway Operators27 and Shipyards selected by its board of directors.28 (8) The president of the Louisiana Airport Managers and Associates, or29 his designee.30 SB NO. 573 ENROLLED Page 6 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (9) A representative of the Louisiana Motor Transport Association1 selected by its board of directors.2 (10) A representative of the Louisiana Railroad Association selected by3 its board of directors.4 (11) The chairman of the Louisiana Board of International Commerce,5 or his designee.6 (12) The chairman of the board of the Offshore Marine Service7 Association, or his designee.8 (13) A Louisiana representative of the Southern Rail Commission9 appointed by the governor.10 (14) A representative at-large selected by the president of the Senate.11 (15) A representative at-large selected by the speaker of the House of12 Representatives.13 B. The Multimodal Commerce Advisory Commission shall meet and14 develop an operational plan for the 2015 Regular Session of the Legislature for15 the following:16 (1) An allocation of the department employees, equipment, facilities, and17 funding the commission finds necessary to carry out the functions conferred18 upon the office of multimodal commerce by the provisions of R.S. 36:508.3 to19 become effective on July 1, 2016.20 (2) The organizational structure of the office of multimodal commerce,21 with a further initial allocation of the office's powers, duties, responsibilities,22 officers, equipment, and employees among the specific divisions provided for in23 R.S. 36:508.3(D), to become effective on July 1, 2016.24 (3) Proposed legislation for the 2015 Regular Session of the Legislature25 necessary to implement the operational plan on July 1, 2016.26 C. The operational plan of the Multimodal Commerce Advisory27 Commission shall be presented to the Senate and House committees on28 Transportation, Highways, and Public Works for their review, amendment, and29 approval no later than February 1, 2015.30 SB NO. 573 ENROLLED Page 7 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. D. A majority of the members of the commission shall constitute a1 quorum for the purpose of taking any action, and actions of the commission2 may be taken by an affirmative vote of the members of the commission present.3 E. Members of the commission shall serve without compensation, except4 per diem or expenses reimbursement to which they may be individually entitled5 as members of the constituent organizations.6 F. After July 1, 2016, the commission shall continue to exist in an7 advisory capacity to the commissioner.8 Section 3. The provisions of Section 1 of this Act shall become effective on July 1,9 2016.10 Section 4. This Section and Sections 2 and 3 of this Act shall become effective upon11 signature by the governor or, if not signed by the governor, upon expiration of the time for12 bills to become law without signature by the governor, as provided by Article III, Section13 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved14 by the legislature, this Section and Sections 2 and 3 of this Act shall become effective on the15 day following such approval.16 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: