SLS 22RS-310 ORIGINAL
2022 Regular Session
SENATE BILL NO. 454
BY SENATOR MCMATH
TRANSPORTATION/DEV DEPT. Provides relative to the Department of Transportation
and Development. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 2:803(A), R.S. 34:3453, R.S. 36:501(B) and (C), 502(A), 503,
3 504(A)(4), (5), (8), and (9)(a), the introductory paragraph of (B), and (B)(2), 505(B),
4 507(B), and 508.3(C)(1), R.S. 38:90.5(A), and R.S. 48:231(A)(1), relative to the
5 Department of Transportation and Development; to provide for the purposes and
6 functions of the department; to provide for officers of the department; to provide for
7 the appointment of a secretary; to provide for a deputy secretary; to provide for
8 powers and duties of the secretary; to provide for the office of multimodal
9 commerce; to provide for the secretary's responsibilities for priority projects; to
10 provide relative to highway, airport, port, and flood control priority projects; to
11 provide for the secretary's obligations to the Joint Legislative Committee on
12 Transportation, Highways and Public Works; and to provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 2:803(A) is hereby amended and reenacted to read as follows:
15 §803. Priority Airport priority list of projects; public hearings; final program
16 A. Prior to the convening of each regular session of the legislature,
17 beginning with the 1990 Regular Session, the department shall prepare and shall
Page 1 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 22RS-310 ORIGINAL
1 furnish the airport priority list of projects to the joint committee. which The joint
2 committee shall hold a public hearing or hearings for the purpose of reviewing the
3 priority list of projects for the coming fiscal year.
4 (1) Prior to each hearing, the department shall publish the appropriate official
5 notice in the necessary journals.
6 (2) At the hearing, the joint committee shall vote to either accept, reject,
7 or modify the list.
8 (3) Subsequent to the joint committee hearing and prior to the convening of
9 the regular session, the department shall prepare the final construction program for
10 the coming fiscal year for submission to the joint committee. When this final
11 construction program, as approved by the joint committee, is presented to the
12 legislature for funding for the coming fiscal year, the The legislature shall not add
13 any projects to this final construction program except as provided in Subsection B
14 of this Section.
15 * * *
16 Section 2. R.S. 34:3453 is hereby amended and reenacted to read as follows:
17 §3453. Priority Port priority list of projects; public hearings; final program
18 A. Each quarter, the department shall prepare and shall furnish a prioritized
19 list of projects, based on the applications received by the department during that
20 quarter, to the joint committee.
21 (1) The joint committee shall receive the prioritized list of projects from the
22 department for each of the first three quarters of the year, and shall call a public
23 hearing within thirty days of receiving the list in order to receive public testimony
24 regarding any project on the list. At such the hearing, the joint committee shall vote
25 to either accept, reject, or modify the list.
26 (2) Each quarter, the department shall reprioritize the list of projects to reflect
27 the cumulative list of projects recommended by the department.
28 B. After application recommendations for the last quarter are made by the
29 department, the department shall submit the final port construction and development
Page 2 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 22RS-310 ORIGINAL
1 priority program for the ensuing coming fiscal year to the joint committee for
2 approval.
3 C. Prior to the convening of the regular session of the legislature, the joint
4 committee shall hold a public hearing for the purpose of reviewing the final program
5 for the ensuing coming fiscal year. Prior to such hearing, the The department shall
6 publish the appropriate official notice in the necessary journals prior to the hearing.
7 The final program shall be based upon the anticipated revenues to be appropriated
8 by the legislature or other funding obligation authority and the projects shall be listed
9 in order of priority.
10 D. When this the final construction program is presented to the legislature
11 for funding or funding obligation authority for the ensuing coming fiscal year, the
12 legislature shall not add any projects to this final construction program. Any project
13 recommended by the department and approved by the joint committee but for which
14 funds are unavailable in the fiscal year for which it was approved, shall remain on
15 the prioritized list of projects and shall be carried forward to the next fiscal year.
16 Such The project shall retain its place on the prioritized list of projects and shall
17 receive a higher priority over newly recommended projects in the next fiscal year.
18 Section 3. R.S. 36:501(B) and (C), 502(A), 503, 504(A)(4), (5), (8), (9)(a), the
19 introductory paragraph of (B), and (B)(2), 505(B), 507(B), and 508.3(C)(1), are hereby
20 amended and reenacted to read as follows:
21 §501. Department of Transportation and Development; creation; domicile;
22 composition; purposes and functions
23 * * *
24 B. The Department of Transportation and Development, through its offices
25 and officers, shall be responsible for developing and implementing programs,
26 including priority programs, to assure adequate, safe, and efficient transportation
27 and other public works facilities and services in the state in accordance with the
28 transfer of agencies and functions made by this Chapter. The department shall
29 develop and implement programs in all areas of transportation, including highways,
Page 3 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 22RS-310 ORIGINAL
1 airports, waterways, flood protection, and mass transit, as well as public works
2 activities, in accordance with such transfers.
3 C.(1) The Department of Transportation and Development department shall
4 be composed of the executive office of the secretary, the office of management and
5 finance, the office of engineering, the office of planning, the office of operations, the
6 office of multimodal commerce, and such other offices as shall be created by law.
7 (2) Whenever the secretary determines that the administration of the
8 functions of the department may be more efficiently performed by eliminating,
9 merging, or consolidating existing offices or establishing new offices, he shall
10 present a plan therefor to the legislature for its approval by statute.
11 §502. Officers of the department; compensation for one office only
12 A.(1) The officers of the department shall be the secretary, undersecretary,
13 deputy secretary, chief engineer, assistant secretary of planning, commissioner of
14 multimodal commerce, and assistant secretary of operations., each of whom Each
15 officer shall be selected and shall perform functions as provided in this Title.
16 (2) The secretary, undersecretary, deputy secretary, assistant secretary of
17 planning, assistant secretary of operations, executive director of the Offshore
18 Terminal Authority, commissioner of multimodal commerce, and such other
19 positions which that may be authorized by the State Civil Service Commission or
20 the state constitution shall be the only unclassified positions in the Department of
21 Transportation and Development. All other positions in the department shall be in
22 the classified state service. The secretary shall fill such positions as in his opinion
23 and judgment that are necessary to the operation of the department in accordance
24 with applicable rules and regulations of the State Civil Service Commission and
25 applicable law.
26 * * *
27 §503. Secretary of transportation and development
28 There shall be a secretary of transportation and development who shall be
29 appointed by the governor with consent of and confirmed by the Senate. He shall
Page 4 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 22RS-310 ORIGINAL
1 serve at the pleasure of the governor at a salary fixed by the governor, which salary
2 shall not exceed the amount approved for such position by the legislature while in
3 session. He shall be the appointing authority for the department in accordance with
4 civil service rules and regulations. The secretary shall serve as the executive head
5 and chief administrative officer of the Department of Transportation and
6 Development and shall have the responsibility for the policies of the department,
7 except as specifically provided for particular agencies transferred to or placed within
8 the department by other provisions of this Title. He shall also be responsible for the
9 administration, control, and operation of the functions, programs, and affairs of the
10 department; provided that the secretary shall perform his functions under the general
11 control and supervision of the governor.
12 §504. Powers and duties of secretary of transportation and development
13 A. In addition to the functions, powers, and duties otherwise vested in the
14 secretary by law, he shall:
15 * * *
16 (4) Organize, plan, supervise, direct, administer, execute, and be responsible
17 for the functions and programs, including priority programs, vested in the
18 department, in the manner and to the extent provided by this Title.
19 (5) Advise the governor and the legislature on problems concerning the
20 administration of the department.
21 * * *
22 (8) Provide for the ongoing merger and consolidation of the agencies and
23 functions transferred to his department and submit a report thereon to the governor
24 and the legislature, which report shall accompany the budget statement which he
25 submits under provisions of R.S. 39:33. Such The report shall include a statement
26 of the goals of the department and to the programs thereof and shall summarize the
27 accomplishments of the department in meeting such the goals and implementing
28 such the programs. The report shall also contain a specific statement of the
29 reorganization and consolidation plan for the department for the next year and shall
Page 5 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 22RS-310 ORIGINAL
1 include a report on the implementation of such reorganization and consolidation plan
2 for the previous year. The report concerning reorganization shall specifically detail
3 the extent to which the department has achieved goals stated the previous year with
4 respect to merger and consolidation of functions, abolition of agencies, consolidation
5 of offices, elimination of job positions, and efficiency and economy in delivery of
6 services. The report shall contain any recommendations with respect to
7 reorganization which may require legislative action under the provisions of this Title.
8 A copy of the report and recommended legislation shall also be submitted by the
9 secretary to the presiding officer of both houses of the legislature. The presiding
10 officer shall refer the report to the appropriate committee having jurisdiction of the
11 subject matter as provided in the rules of the respective house.
12 (9)(a) On an annual basis, provide all of the following information to the
13 legislature no later than fifteen thirty days prior to the convening of each regular
14 session:
15 (i) A full organizational chart for the department, including any changes
16 during the year, which is current as of the date of submission to the legislature and
17 which shows each staff position, whether filled or vacant, that comprises the
18 department.
19 (ii) The current salary and any increases within the year of the person
20 occupying each filled position shown on the organizational chart.
21 * * *
22 B. The secretary shall have authority to may:
23 * * *
24 (2) Appoint, subject to gubernatorial approval and confirmation by the
25 Senate, advisory councils, boards, and commissions necessary in the administration
26 of the department.
27 * * *
28 §505. Deputy secretary
29 * * *
Page 6 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 22RS-310 ORIGINAL
1 B. If the position of deputy secretary is not filled during the absence of the
2 secretary, the secretary may designate either the undersecretary or the chief engineer
3 to serve as acting secretary in his absence. The secretary shall notify the governor
4 and Senate in writing of his temporary appointment of an acting secretary in his
5 absence. The governor shall have the full authority to revoke the appointment. In no
6 event shall the temporary appointment exceed thirty days in length, except with the
7 specific written approval of the governor. The governor may appoint a temporary
8 secretary to act in the absence or incapacity of the secretary if an acting secretary has
9 not been appointed.
10 * * *
11 §507. Department; purposes and functions
12 * * *
13 B. The secretary, or in his discretion a subordinate or subordinates appointed
14 by him, shall administer the programs of the state relating to the establishment,
15 design, construction, extension, improvement, repair, maintenance, and regulation
16 of roads, highways, expressways, bridges, and matters pertaining thereto. The
17 secretary or his designated subordinate shall develop, prepare, and finalize the annual
18 highway construction priority program authorized by Act 334 of 1974.
19 * * *
20 §508.3. Office of multimodal commerce; functions; commissioner; deputy
21 commissioner; powers and duties
22 * * *
23 C. (1) The office of multimodal commerce shall be under the supervision of
24 a commissioner of multimodal commerce, who shall administer all department
25 functions and duties for which the office of multimodal commerce is responsible.
26 The commissioner shall be appointed by the governor, subject to confirmation by
27 the Senate confirmation, and shall serve at the pleasure of the governor.
28 * * *
29 Section 4. R.S. 38:90.5(A) is hereby amended and reenacted to read as follows:
Page 7 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 22RS-310 ORIGINAL
1 §90.5. Report to Joint Legislative Committee on Transportation, Highways and
2 Public Works; recommendation of the Flood Control Project
3 Evaluation Committee; flood protection needs study; incremental
4 funding of rural and urban projects
5 A. The final revision provided for in R.S. 38:90.2 by the Floodplain
6 Evaluation and Management Commission shall be furnished to the committee and
7 the Flood Control Project Evaluation Committee prior to the beginning of the 2022
8 Regular Session of the Legislature and every fifth year thereafter. However, that
9 portion of the final revision encompassing the Amite River Basin shall be furnished
10 to the committee, and the Flood Control Project Evaluation Committee prior to the
11 beginning of the 2020 Regular Session of the Legislature. Prior to each legislative
12 session beginning with the 2023 Regular Session of the Legislature, the evaluation
13 committee shall submit a recommended list of flood control projects, including
14 supporting data, to the committee. The committee shall conduct hearings to receive
15 the revision of the flood information database called for in R.S. 38:90.2 and the
16 recommendations from the evaluation committee.
17 * * *
18 Section 5. R. S. 48:231(A)(1) is hereby amended and reenacted to read as follows:
19 §231. Final construction program for current fiscal year; public hearings; Joint
20 Highway Priority Construction Committee; reports; review by
21 legislature; restrictions on legislature
22 A.(1) Beginning on October 1, 2010, and not No later than October first of
23 each year thereafter, the department shall provide a proposed program of highway
24 priority construction for the coming fiscal year to the Joint Highway Priority
25 Construction Committee.
26 * * *
Page 8 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 22RS-310 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Archana Cadge.
DIGEST
SB 454 Original 2022 Regular Session McMath
Present law provide for purposes and functions of the Department of Transportation and
Development, officers of the department, appointment of a secretary, powers and duties of
the secretary, and appointment of a deputy secretary. Proposed law retains present law and
makes technical corrections.
Present law provides for the office of multimodal commerce. Proposed law retains present
law and makes technical corrections.
Present law provides for the department's responsibilities relative to priority projects
including highway, airport, port, and flood control priority projects. Proposed law retains
present law and makes technical corrections.
Present law further provides for the department's obligations to the Joint Legislative
Committee on Transportation, Highways and Public Works. Proposed law retains present
law and makes technical corrections.
Effective August 1, 2022.
(Amends R.S. 2:803(A), R.S. 34:3453, R.S. 36:501(B) and (C), 502(A), 503, 504(A)(4), (5),
(8), and (9)(a), (B)(intro para), and (B)(2), 505(B), 507(B), and 508.3(C)(1), R.S.
38:90.5(A), and R.S. 48:231(A)(1))
Page 9 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.