Louisiana 2014 Regular Session

Louisiana Senate Bill SB573 Latest Draft

Bill / Chaptered Version

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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
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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
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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
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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
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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
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(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
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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: