2004 Regular Session Highlights
Transportation &
Development
by: Sherri Breaux
(225) 342-6145
AIRCRAFT/AVIATION
A notice of proposed construction of and for the
marking of certain wireless communication facilities will be required under Senate
Bill 13 by Senator Theunissen (Act 57). The Act requires any person
proposing to construct a "communication facility" that is taller than
100 ft., but not more than 200 ft., to send such notice on or before the 13th
day before the date the construction begins to any airport approved by the Dept.
of Agriculture and Forestry located within 3 miles of the proposed facility
location and to the La. Agricultural Aviation Assoc. Any person proposing to
construct such a "communication facility" in a cultivated field or
within 100 ft. of a cultivated field that is at least 100 ft., but not more than
200 ft. in height above ground level, will be required to mark the highest guy
wires on the facility, if any, with two warning spheres each.
Senate Bill 434 by Senator Theunissen (Act
312) authorizes the use of Transportation Trust Fund monies for the General
Aviation and Reliever Airport Maintenance Grant Program provided that state
matching fund requirements for all FAA grants for capital improvements,
planning, and NAVAIDS have been satisfied; however, the total sum of monies used
from the trust fund must not exceed $200,000 in any fiscal year.
Under Senate Bill 743 by Senator Theunissen
(Act 712), medical services will be provided for Civil Air Patrol member
injured, or made ill during the performance of their duties and not just during
official search and rescue missions, disaster emergencies and disaster emergency
preparedness exercise and training. The Act also provides for certain payments
to surviving spouses and children of Civil Air Patrol members killed during the
performance of their official duties.
BOATS/BOATING
House Bill 1354 by Representative Pinac (Act
553) also includes the provisions of Senate Bill 870 by Senator Ellington
(House calendar) which makes various changes relative to used motor vehicle
dealers and marine dealers and provides for certain area of responsibility
provisions. The measure provides relative to licensing procedures, marine
dealer/manufacturer/distributor agreements, and procedures regarding disputes
between marine dealers and marine manufacturers and distributors.
LEVEES & LEVEE DISTRICTS
Senate Bill 368 by Senator Dupre (Act 310) provides
for shared jurisdiction for flood protection to be between the South Lafourche
Levee District and the Lafourche Basin Levee District, and also alters the
membership of the Lafourche Basin Levee District. Construction of recreational
facilities, which are part of a federally approved flood control program, with
federal matching funds, situated south from Donaldsonville to the Gulf of
Mexico, within the Lafourche Basin Levee District.
House Bill 79 by Representative Hutter (Act
82) authorizes the construction of bicycle paths and walkways along the top
of the levee of the Mississippi River in St. Bernard and Plaquemines parishes.
MOTOR VEHICLES
Senate Bill 555 by Senator Dupre (Act 463)
requires that any medical exemption to the vehicle window tint restrictions in
current law granted must be due to a diagnosed condition made only by a licensed
optometrist or physician, including but not limited to an ophthalmologist, or
dermatologist and that such condition be verifiable in the American Medical
Association Journal as a recognized condition that would warrant a medical
exemption. The secretary of the Dept. of Public Safety & Corrections will
conduct a case by case review of grants and denials and make any changes
necessary based on evidence presented to him by anyone seeking an exemption. Any
medical exemption granted will be subject to review every 3 years unless deemed
otherwise by the department.
Driver's Licenses
Senate Bill 30 by Senator Dupre (Act 600)
changes the requirement that the learner's license be maintained from 90
days to 180 days, unless prior to such time the driver reaches 17 years
of age, effective for any Class "E" learner's license issued on or
after Sept. 1, 2004.
Under current law, a duplicate driver’s
license must be obtained if the original license has been lost or destroyed at a
charge of $5.00. Senate Bill 487 by Senator Heitmeier (Act 314) waives
the $5.00 charge and any handling charge if the license has been stolen as
evidenced by a police report.
Senate Bill 852 by Senator Chaisson (Act 730)
authorizes the commissioner of the office of motor vehicles to promulgate rules
and regulations establishing a uniform system of assigning demerit points for
convictions of certain moving traffic violations by young drivers, and provides
for a 30-day license suspension for the young driver who accumulates a minimum
of 12 points during a two year period for convictions of moving violations upon
implementation of the system. A restricted driver's license may be issued to the
individual, limited to operating a motor vehicle at such time as is necessary to
allow him to earn a livelihood. The commissioner of the office of motor vehicles
may promulgate rules and regulations to allow drivers to attend an approved
"driver's education course" in order to decrease the number of demerit
points that the driver has earned. The Act also requires that, on second
conviction of driving while intoxicated, the offender to have his driver's
license suspended for one year by the court.
House Bill 570 by Representative G. Smith (Act
216) requires driving instructions and testing of applicants for driver's
licenses include information on sharing the road with motorcycles and
tractor/trailer trucks.
House Bill 881 by Representative Quezaire (Act
387) provides for an exemption from certain test specifications for a driver
of a farm-related service vehicle used to transport agricultural products, farm
machinery, or farm supplies to and from the farm and which is not used as a
contract or common carrier. In order to qualify for this exemption, an applicant
with one to two years of driving experience must demonstrate a satisfactory
operating record for his entire driving history, or an applicant with more than
two years of driving experience must demonstrate a satisfactory operating record
for the two most recent years of his driving history.
House Bill 991 by Representative Futrell (Act
542) requires the operating record of a commercial motor vehicle driver
include certain motor vehicle violations and requires the Dept. of Public Safety
and Corrections to forward a copy of certain motor carrier inspection reports.
Anyone applying for a driver's license for the
first time must present evidence of the successful completion of a driver
education course approved by the DPS&C or the Dept. of Education or a
prelicensing training course approved by the DPS&C. Under House Bill 1469
by Representative Martiny (Act 439) the maximum fee charged for a
prelicensing training course will be increased from $25 to $50.
House Bill 1550 by Representative Heaton (Act
881) provides for the issuance of drivers' licenses to persons using bioptic
telescopic lenses, and provides for the conditions, limitations, and driving
restrictions for such licensing.
DWI
Senate Bill 556 by Senator Dupre (Act 666)
provides for an impaired driver tracking system as a component of the Integrated
Criminal Justice Information System (ICJIS) Project. The tracking system
component will be designed to provide accurate, complete, and reliable
information regarding the arrest of each driver for the certain offenses
involving vehicles and the disposition, of each case, including information on
prosecution, dismissal, conviction, disposition, or completion of the sentence.
The information in the tracking system will be shared by all agencies that
contribute information to the system in accordance with provisions of the ICJIS
project so that they may effectively investigate, prosecute, or dispose of cases
involving impaired driving. Upon its passage, this law will be known as
"Jade's Law," in memory of Jade Thomas, a nine year old who was killed
in a car accident on February 14, 2004 due to a multiple offender who was
charged with a tenth offense DWI.
License Plates/Placards
Status of prestige license plates issuance:
What began as a suit to challenge the "Choose Life" prestige plates (Henderson
v. Stalder), a federal judge ordered Louisiana to end the production of all
specialty license plates, including the "Choose Life" plates, finding
that the specialty plates discriminate based on viewpoint. The federal suit over
the issuance of Louisiana's specialty license plates is still pending at the 5th
Circuit Court of Appeals. Oral arguments were heard on April 6, but as of yet,
no decision has been rendered.
House Bill 139 by Representative Hutter (Act
84) allows the issuance of a hang tag which bears the international symbol
of accessability, to any disabled veteran who has or is issued such a plate and
who requests the hang tag.
House Bill 246 by Representative Daniel (Act
245) creates, upon receipt of a minimum of 1,000 applications for each
plate, the Louisiana State University National Champions and the Southern
University Black College National Champions special prestige license plates for
passenger cars, pickup trucks, recreational vehicles, and vans. Upon
distribution of the plates, a one-time royalty fee of $25 will be collected and
forwarded to the institution for academic or financial need-based scholarships.
House Bill 904 by Representative Hammett (Act
849) requires the Dept. of Public Safety and Corrections to resume issuing
the following military special prestige license plates: former prisoners of war,
members of the Louisiana National Guard, disabled veterans, congressional Medal
of Honor recipients, Louisiana members and retired members of the reserve forces
of the U.S., World War II, Korean War, and other military vehicles, veterans and
retired veterans, survivors of Pearl Harbor, veterans of the Vietnamese
Conflict, "Purple Heart" recipients, veterans of the Korean War,
veterans of the U.S. Merchant Marine, participants in Operation Desert
Shield/Desert Storm, World War II veterans, certain veterans of the U.S. Marine
Corps, Laos War veterans, and veterans of the Cold War. The measure also
provides for creation of a "NASCAR" special prestige license plate.
House Bill 1620 by Representative Schneider
(Act 1620) prohibits the manufacture, sale, possession, or use of a
counterfeit mobility-impaired parking placard which is a facsimile of the
mobility-impaired parking placards issued by the office of motor vehicles. Also,
a person is in violation, relative to handicapped parking, if such person
knowingly parks a vehicle displaying a counterfeit mobility-impaired parking
placard in a parking space or area reserved for persons with disabilities. In
addition to other applicable penalties, any person in violation will be fined
not less than $100 nor more than $250, or imprisoned for not more than 30 days,
or both, for a first offense. Any person committing a subsequent offense will be
fined not less than $250 nor more than $500, or shall be imprisoned for not more
than 90 days, or both.
Motorcycles/Motor Scooters/Electric Mobility Aids
Prior to 1999, a mandatory motorcycle safety
helmet law was in place for all operators. Under a measure passed in 1999,
persons under the age of 18 who operate or ride a motorcycle, motor-driven
cycle, or motorized bicycle were required to wear a safety helmet while the
vehicle was in motion. House Bill 109 by Representative Baudoin (Act 742)
will now reinstate the mandatory helmet law and require all persons riding a
motorcycle to wear a safety helmet.
Senate Bill 29 by Senator Chaisson (House
calendar) would have required any person under 21 years of age who operates
or rides upon a motorcycle, motor-driven cycle, or motorized bicycle to wear a
safety helmet. Additional, the bill would have required completion of the
Motorcycle Safety, Awareness, and Operator Training Program or a motorcycle
operating training course approved by the Dept. of Public Safety and Corrections
prior to licensure to operating such vehicles. Further, the bill would have
required the office of motor vehicles to issue "M" endorsement
stickers for license plates.
Senate Bill 46 by Senator Theunissen
(Act 451) grants persons with mobility impairments who
operate an electric mobility aid the same rights as able-bodied pedestrians to
use streets, sidewalks, and walkways. Electric mobility aids may be operated,
during daylight hours, on any road or street, if the posted speed limit is 25
mph or less or if suitable sidewalks or bicycle paths are not available, on any
marked or designated bicycle path, in residential subdivisions, on any street or
roadway necessary to cross, or as a reasonable accommodation under the Americans
with Disabilities Act.
House Bill 1260 by Representative Cazayoux (Act
805) allows a parish or municipal
governing authority (local option) to authorize the operation of scooters at a
speed not to exceed 20 mph by persons eight years old or older between sunrise
and sunset on any sidewalk under its jurisdiction. The measure also authorizes
the operation of electric personal assistive mobility devices on sidewalks,
bicycle paths, and highways with posted speed limits of 35 mph or less, but
provides an exception for a local governing authority to limit or prohibit the
operation of such devices on any sidewalk, bicycle path, or highway under its
jurisdiction. An electric personal assistive mobility device is defined as a
self-balancing, two non-tandem wheeled device designed to transport only one
person at a time, with an electric propulsion system which limits the maximum
speed to not more than 15 mph.
House Bill 1292 by Representative Pinac (Act
551) revises the definition of "all-terrain vehicle" and
"motorcycle", and defines and authorizes "electric personal
assistive mobility devices" to operate on sidewalks, bike paths, and
highways with a posted speed limit of 35 mph or less, but authorizes a local
governing authority to limit or prohibit the operation of such devices on
sidewalks, bike path, or highways under its jurisdiction.
Trucks/Weight/Height
The height of any vehicle and its load by law is
prohibited by law from exceeding 13 ft. 6 in.; House Bill 1531 by
Representative M. Guillory (Act 571) retains this height limitation
generally, but increases that limitation only on interstate highways to 14 feet,
provided that vehicles operating on the interstate system having reasonable
access within one mile from the interstate to terminals and facilities for food,
fuel, repairs, and rest, unless prohibited for specific safety reasons on
individual routes. Also, the operator of a vehicle that is higher than 13 ft. 6
in. must ensure that the vehicle will pass through each vertical clearance of a
structure in its path without touching the structure. Any damage to a bridge,
underpass, or similar structure caused by the height of a vehicle will be the
responsibility of the owner of the vehicle.
House Bill 903 by Representative Quezaire (Act
848) provides relative to requirements
certain commercial motor vehicles must meet for transporting property in
interstate commerce to qualify for the exemption from motor vehicle safety
inspections. Commercial motor vehicle truck tractors, trailers, and semitrailers
in interstate commerce which are subject to the Federal Motor Carrier Safety
Regulations will be exempt from certain inspection requirements provided that
these commercial motor vehicles comply with the federal requirements requiring
periodic and annual inspections of commercial motor vehicles. As an alternate
means of compliance, the owner or operator of a commercial motor vehicle truck
tractor may opt to obtain a Louisiana commercial motor vehicle inspection
certificate which satisfies the federal regulations. A trailer or semitrailer
being used in combination with a truck tractor meeting such exemption may opt to
obtain a Louisiana commercial motor vehicle inspection certificate which
satisfies the federal requirements. For the purposes of these inspection
exemptions, a "commercial motor vehicle" means any self-propelled
truck tractor or towed vehicle which is used on public highways to transport
property in interstate commerce, has been issued an apportioned plate through
the International Registration Plan and (a) has a gross vehicle weight rating (GVWR)
or gross combination weight rating (GCWR) of 10,001 pounds or more, or (b) is
used in the transportation of hazardous materials in a quantity requiring
placarding under regulations issued by the secretary under the Hazardous
Transportation Act.
PORTS/HARBORS/TERMINALS
Senate Bill 346 by Senator Chaisson (Act 307)
makes various changes to the powers, duties and responsibilities of the South
Louisiana Port Commission which governs the Port of South Louisiana.
Other bills providing for the nominations of and
membership on the boards of commissioners of various port authorities includes
as follows:
- House Bill 107 by Representative Hutter
(Act 83) regarding the Port of New Orleans.
- House Bill 393 by Representative Ansardi
(Act 91) regarding the Port of New Orleans.
- House Bill 1102 by Representative Daniel
(Act 137) regarding the Millennium Port Authority.
- House Bill 1146 by Representative LaFleur
(Act 397) regarding the Greater Krotz Springs Port Commission.
PUBLIC WORKS
Senate Bill 4 by Senator McPherson (Act 631)
prohibits the state or local entity from entering into any agreement for the
purchase of unimproved property which contains provisions related to the
successful design and construction phases of a particular construction project
prior to the transfer of title, unless authorized. Also, the measure was amended
to prohibit the letting of contracts for public works by the state or a
political subdivision which provide for the purchasing, leasing, or leasing with
an option to purchase by the state or political subdivision after completion of
the building when such construction was paid for with funds of the state or
subdivision. This prohibition will not apply to the activities or contracts of
the following entities: Correctional Facilities Corporation, La. Office Building
Corporation, Office Facilities Corporation, La. Correctional Private Management
Act.
RAILROADS
House Bill 1329 by Representative
Thompson (Act 435) authorizes two or more parishes to create a railroad
development district for the primary purpose of promoting and encouraging
development of rail service in the area of the parishes involved to stimulate
the economy through renewed commerce, industry, and for the utilization and
development of natural and human resources of the area by providing job
opportunities.
ROADS/HIGHWAYS
House Bill 333 by Representative Smiley
(Act 125) requires DOTD to incorporate the use of "RV friendly"
markers on specific information logo signs for establishments which cater to the
needs of RVers. An establishment that qualifies as "RV friendly" may
request the "RV friendly" marker on its specific information logo
sign. The department will promulgate rules and regulations as are necessary to
set forth the minimum requirements that establishments must meet in order to
qualify as "RV friendly". These requirements will include large
parking spaces, entrances, and exits which can easily accommodate recreational
vehicles, and facilities with appropriate overhang clearances, if applicable.
Bridges/Ferries
Senator Theunissen authored Senate Bill 24
(Act 13) which renames the Monkey Island Ferry as the Dr. Martin Luther
King, Jr. Ferry. Also, Senate
Bill 12 by Senator Theunissen (Act 597)
extends the authorization for appropriation of state funds for the Dr. Martin
Luther King, Jr. Ferry until July 1, 2008.
House Bill 1540 by Representative Kenney (Act
356) names the new Ouachita River bridge at Columbia in Caldwell Parish as
the Governor John J. McKeithen Bridge.
Roads, Naming
Each legislative session, a number of bills and
resolutions are filed to name, designate, or re-designate certain roads and
highways in Louisiana. Last year in 2003, portions of U.S. Highway 190 in East
Baton Rouge, Livingston, and St. Tammany parishes were collectively named the
Ronald Reagan Highway. This year in 2004, that entire stretch of U.S. Hwy. 190
from the Mississippi River to the Louisiana-Mississippi State Line has been
named the Ronald Reagan Highway by House Bill 7 by Representative Strain- Act
117 as a memorial to the late, respected 40th President of the United States
who passed away on June 5, 2004.
House Concurrent Resolution 228 by
Representative Quezaire (enrolled) requests that a section of I-49 in St.
Landry Parish be named in honor of the late Representative Charles
"Doc" Hudson. As the first African-American legislator elected from
St. Landry Parish, Doc Hudson earned great respect from his colleagues in his 12
years as a state representative as well as from the constituency he served. He
will be remembered for his commitment, his wisdom, and the dignity with which he
faced every issue. Doc Hudson will be sorely missed.
Other measures which named roads or highways
include the following:
- A portion of La. Highway 28 East in central
Louisiana is designated as the Korean War Veterans Memorial Highway (Senate
Bill 18 by Senator McPherson-Act 170).
- The Lafitte Larose Boulevard will be renamed
as the Leo Kerner/Lafitte Parkway in Jefferson Parish (Senate Bill 267 by
Senator Ullo-Act 304).
- A portion of U.S. 90 in Calcasieu Parish is
redesignated as the Veterans Memorial Highway 90 (Senate Bill 269 by
Senator Cain-Act 305).
- A portion of the Interstate 10 will be also
named as the Stephen E. Ambrose Memorial Parkway (Senate Bill 496 by
Senator Schedler - Act 315). Back in 1993, Act 513 named that portion of
Interstate 10 which begins at the Texas state line and travels eastward
across the state of Louisiana to the Mississippi State Line as the Vietnam
Veterans Memorial Highway. The naming of this section of interstate will in
no way affect the name of the memorial highway, but will simply also
designate a portion as a memorial parkway.
Signage
House Bill 635 by Representative Quezaire (Act
837) provides relative to: (1) the size and placement of certain outdoor
advertising signs; (2) specific information on and placement and maintenance of
logo signs, including the authorization for DOTD to contract with a qualified
third party or parties as was amended into the measure pursuant to the
provisions of Senate Bill 519 by Senator Ellington (pending House-subject to
call); and (3) the repeal of authority of DOTD to authorize repair or
replacement of sign structures on interstate highways granted permits prior to
June 5, 1992 and which are determined to be legally nonconforming for failing to
comply with spacing provisions in law.
Traffic
Several legislators introduced bills in an effort
to inform the public of Louisiana laws on multiple-lane highways that require
slower vehicles to be driven in the right lane unless passing another a vehicle
or making a left hand turn. As stated in current law, nothing is to be construed
to authorize any vehicle in the left lane so as to prohibit, impede, or block
passage of an overtaking vehicle, and in such a case, the vehicle must merge
into the right lane.
In an effort to inform the public, Senate
Bill 765 by Senate Adley (Act 467) prohibits a "rolling roadblock"
on certain multiple lane highways. The measure makes clear that a vehicle which
remains in the passing lane of a multiple-lane highway (which is outside the
city limits with a posted speed limit of 55 mph or more), traveling at the same
speed as the vehicle in the right lane and impedes the flow of traffic is deemed
a "rolling roadblock", which is prohibited. This does not apply to
vehicles stopped at a traffic signal or traveling at a slower rate due to
traffic congestion as long as the vehicle is not causing traffic congestion. The
Act also requires DOTD to install signs on multiple-lane highways reading SLOWER
TRAFFIC KEEP RIGHT.
Senate Concurrent Resolution 23 by Senator
Cain (enrolled) also requests the Department of Public Safety and
Corrections to inform the public of the law requiring slower moving traffic to
drive in the right-hand lane on multiple lane highways and requests enforcement
of the law. House Concurrent Resolution 283 by Representative Wright
(enrolled) requests DOTD to post certain signs along the state and
interstate highways and that certain information be included in the knowledge
test for issuance of driver's licenses.
House Bill 142 by Representative J.D.
Smith (Act 242) requires that vehicles yield to persons who require a
wheelchair for transportation who are crossing a street.
SPECIAL PERMITS
Current law provides for the issuance of
annual special permits to persons who operate trucks which haul agronomic or
horticultural crops and sugarcane, but prohibits DOTD from issuing a special
permit to any truck that hauls sugarcane which has not added an additional
single axle on the sugarcane trailer for a total of 6 axles for the truck and
trailer combination, beginning August 1, 2008. Senate Bill 152 by Senator
Marionneaux (Act 300) further requires the issuance of such permits to
persons who operate vehicle combinations which haul sugarcane or agronomic or
horticultural crops and authorizes issuance to either the pulling unit or the
trailer or the combination having a minimum of 18 wheels. The permit must be
specific to the vehicle that is indicated by the permit applicant upon
application.
House Bill 789 by Representative Futrell (Act
527) authorizes any vehicle transporting intermodal containers with an
open-top or flat rack with a gross vehicle weight not to exceed 80,000 pounds
and axle weight not to exceed 40,000 pounds per tandem axle group shall be
eligible for the Class I Ocean Container Permit. All fines and penalties
assessed against a vehicle hauling containerized prepackaged products in
international trade for failing to provide proof to any law enforcement or
weight enforcement officer that the cargo originated from or is destined to an
intermodal facility will be waived by DOTD upon submission of satisfactory proof
that the cargo originated from or was destined to an intermodal facility.
House Bill 1717 by Representative Walsworth
(Act 907) authorizes the DOTD secretary to issue, through the truck permit
office, special permits for sealed containerized cargo in international trade
intended for exportation within a 50-mile radius of the Port of Ouachita at a
fee of $750 annually. The permit will authorize the operation of a vehicle or
combination of vehicles with a total gross vehicle weight not to exceed 90,000
pounds and a tandem axle weight not to exceed 40,000 pounds, and authorize the
secretary to impose a civil penalty of up to 5˘ per pound for each violation of
this weight limit. The special permit may be issued only for a one year period
between July 1, 2004 and June 30, 2005, and the authority of the secretary to
issue this permit terminates effective July 1, 2005.
TRANSPORTATION/DEVELOPMENT DEPT.
Transportation and priority reports on
current construction projects provides for the order of priorities to be based
upon a list of factors which shall be considered, as provided in law. Senate
Bill 28 by Senator Dupre (Act 71) adds as an additional factor the safe
evacuation of population when necessitated by catastrophic events such as
hurricanes or flooding.
Senate Bill 347 by Senator Smith (Act 308)
authorizes DOTD to sell timber which has been cut or felled on state highway
rights-of-way. Any proceeds from such sale will be dedicated to the
Transportation Trust Fund to be used for maintenance and repair of roads not
eligible for federal matching funds provided by the federal highway program.
Senate Bill 841 by Senator Ellington
(Act 81) changes the limitation of the design-build program from one
that authorizes the construction of one project, at a cost not to exceed $5
million, to one that authorizes the construction of the new Mississippi
River Bridge at St. Francisville (connection to US 61) including approach
structures and connecting roadways, which is included in the TIMED program. The
secretary may select an additional project to utilize the design-build method at
a cost not to exceed $5 million. The measure also provides for the creation of a
primary design-build evaluation committee to evaluate the responses to the
notice of intent received by the department, and for the creation of a technical
review committee to identify specific technical elements of the project,
depending on the characteristics of the project, to be included in the technical
scoring of the proposals. The winning proposal must to be the proposal with the
lowest adjusted score, and provides for the formula under which such adjusted
score for each technical proposal is determined.
House Bill 628 by Representative Quezaire (Act
129) changes certain statutory TIMED project descriptions to be consistent
with TIMED project descriptions included in the state constitution.
House Bill 638 by Representative Quezaire (Act
163) authorizes DOTD to issue permits for outdoor advertising devices along
highway rights-of-way in areas designated in a department forestry management
plan. The applications for permits for devices in such areas may be denied if
the department plans to reforest the area with trees or other vegetation which
would eventually cause the location to be unfavorable for such use.
House Concurrent Resolution 110 by
Representative Tucker (enrolled) directs the House and Senate committees on
transportation to study the re-creation of DOTD.
PUBLIC WORKS
Senate Bill 4 by Senator McPherson (Act 361)
prohibits the state or local entity from entering into any agreement for the
purchase of unimproved property which contains provisions related to the
successful design and construction phases of a particular construction project
prior to the transfer of title, unless authorized. Also the bill was amended to
prohibit the letting of contracts for public works by the state or a political
subdivision which provide for the purchasing, leasing, or leasing with an option
to purchase by the state or political subdivision after completion of the
building when such construction was paid for with funds of the state or
subdivision. This prohibition will not apply to the activities or contracts of
the following entities: Correctional Facilities Corporation, La. Office Building
Corporation, Office Facilities Corporation, La. Correctional Private Management
Act.
RAILROADS
House Bill 1329 by Representative
Thompson (Act 435) authorizes two or more parishes to
create a railroad development district for the primary purpose of promoting and
encouraging development of rail service in the area of the parishes involved to
stimulate the economy through renewed commerce, industry, and for the
utilization and development of natural and human resources of the area by
providing job opportunities.
ROADS/HIGHWAYS
General. Senate
Bill 347 by Senator Smith (Act 308) authorizes DOTD to sell timber which has
been cut or felled on state highway rights-of-way. Any proceeds from such sale
will be dedicated to the Transportation Trust Fund to be used for maintenance
and repair of roads not eligible for federal matching funds provided by the
federal highway program.
House Bill 333 by Representative Smiley
(Act 125) requires DOTD to incorporate the use of
"RV friendly" markers on specific information logo signs for
establishments which cater to the needs of RVers. An establishment that
qualifies as "RV friendly" may request the "RV friendly"
marker on its specific information logo sign. The department will promulgate
rules and regulations as are necessary to set forth the minimum requirements
that establishments must meet in order to qualify as "RV friendly".
These requirements will include large parking spaces, entrances, and exits which
can easily accommodate recreational vehicles, and facilities with appropriate
overhang clearances, if applicable.
Advertising Signs.
House Bill 635 by Representative Quezaire (pending House concurrence)
would provide relative to the size and placement of certain outdoor advertising
signs. Under current law the highest point of a sign may extend to a height of
60 feet, but this measure will allow the highest point of signs placed and
erected within 300 feet of a sound barrier wall to extend to a height of no more
than 100 feet. Also, by amendment on the Senate floor, the bill included the
provisions of Senate Bill 519 by Senator Ellington (pending Senate-subject to
call) which provides relative to logo signs on interstate highways and
certain other highways and authorizes DOTD to contract with a qualified third
party or parties for the placement and maintenance of logo signs.
Bridges/Ferries. Senator Theunissen
authored Senate Bill 24 (Act 13) which renames the Monkey Island Ferry as
the Dr. Martin Luther King, Jr. Ferry. Also, Senate Bill 12 by Senator
Theunissen (Act 597) extends the authorization for appropriation of state
funds for the Dr. Martin Luther King, Jr. Ferry until July 1, 2008.
House Bill 1540 by Representative Kenney (Act
356) names the new Ouachita River bridge at Columbia in Caldwell Parish as
the Governor John J. McKeithen Bridge.
Roads, Naming. Each legislative session, a
number of bills and resolutions are filed to name, designate, or re-designate
certain roads and highways in Louisiana. In 2003, portions of U.S. Highway 190
in East Baton Rouge, Livingston, and St. Tammany parishes were collectively
named the Ronald Reagan Highway. This year in 2004, that entire stretch of U.S.
Hwy. 190 from the Mississippi River to the Louisiana-Mississippi State Line has
been named the Ronald Reagan Highway by House Bill 7 by Representative
Strain- Act 117.
House Concurrent Resolution 228 by
Representative Quezaire (enrolled) requests that a section of I-49 in St.
Landry Parish be named in honor of Representative Charles "Doc"
Hudson. As the first African-American legislator elected from St. Landry Parish,
Doc Hudson has earned great respect from his colleagues in his 12 years as a
state representative as well as from the constituency he served. He will be
remembered for his commitment, his wisdom, and the dignity with which he faced
every issue. Doc Hudson will be sorely missed.
Other measures which named roads or highways
include the following:
- A portion of La. Highway 28 East in central
Louisiana is designated as the Korean War Veterans Memorial Highway (Senate
Bill 18 by Senator McPherson-Act 170).
- The Lafitte Larose Boulevard will be renamed
as the Leo Kerner/Lafitte Parkway in Jefferson Parish (Senate Bill 267 by
Senator Ullo-Act 304).
- A portion of U.S. 90 in Calcasieu Parish is
redesignated as the Veterans Memorial Highway 90 (Senate Bill 269 by
Senator Cain-Act 305).
- A portion of the Interstate 10 will be also
named as the Stephen E. Ambrose Memorial Parkway (Senate Bill 496 by
Senator Schedler - Act 315). Back in 1993, Act 513 named that portion of
Interstate 10 which begins at the Texas state line and travels eastward
across the state of Louisiana to the Mississippi State Line as the Vietnam
Veterans Memorial Highway. The measure enacted this session will in no way
affect the name of the memorial highway, but will simply also designate a
portion as a memorial parkway.
Traffic. Several legislators introduced
bills in an effort to inform the public of Louisiana laws on multiple-lane
highways that require slower vehicles to be driven in the right lane unless
passing another a vehicle or making a left hand turn. As stated in current law,
nothing is to be construed to authorize any vehicle in the left lane so as to
prohibit, impede, or block passage of an overtaking vehicle, and in such a case,
the vehicle must merge into the right lane.
In an effort to inform the public, Senate
Bill 765 by Senate Adley (Act 467) prohibits a "rolling roadblock"
on certain multiple lane highways. The measure makes clear that a vehicle which
remains in the passing lane of a multiple-lane highway (which is outside the
city limits with a posted speed limit of 55 mph or more), traveling at the same
speed as the vehicle in the right lane and impedes the flow of traffic is deemed
a "rolling roadblock", which is prohibited. This does not apply to
vehicles stopped at a traffic signal or traveling at a slower rate due to
traffic congestion as long as the vehicle is not causing traffic congestion. The
bill also requires DOTD to install signs on multiple-lane highways reading
SLOWER TRAFFIC KEEP RIGHT.
Senate Concurrent Resolution 23 by Senator
Cain (enrolled) also requests the Department of Public Safety and
Corrections to inform the public of the law requiring slower moving traffic to
drive in the right-hand lane on multiple lane highways and requests enforcement
of the law. House Concurrent Resolution 283 by Representative Wright
(enrolled) requests DOTD to post certain signs along the state and
interstate highways and that certain information be included in the knowledge
test for issuance of driver's licenses.
House Bill 142 by Representative J.D.
Smith (Act 242) requires that vehicles yield to
persons who require a wheelchair for transportation who are crossing a street.
House Bill 1067 by Representative Flavin
(Act 136) authorizes Lake Charles and Calcasieu Parish
to employ parade marshals to direct, control, and regulate traffic during parade
events, but prohibits the parade marshals from issuing traffic citations.
SPECIAL PERMITS
Current law provides for the issuance of annual
special permits to persons who operate trucks which haul agronomic or
horticultural crops and sugarcane, but prohibits DOTD from issuing a special
permit to any truck that hauls sugarcane which has not added an additional
single axle on the sugarcane trailer for a total of 6 axles for the truck and
trailer combination, beginning August 1, 2008. Senate Bill 152 by Senator
Marionneaux (Act 300) further requires the issuance of such permits to
persons who operate vehicle combinations which haul sugarcane or agronomic or
horticultural crops and authorizes issuance to either the pulling unit or the
trailer or the combination having a minimum of 18 wheels. The permit must be
specific to the vehicle that is indicated by the permit applicant upon
application.
House Bill 789 by Representative Futrell (Act
527) authorizes any vehicle transporting intermodal containers with an
open-top or flat rack with a gross vehicle weight not to exceed 80,000 pounds
and axle weight not to exceed 40,000 pounds per tandem axle group shall be
eligible for the Class I Ocean Container Permit. All fines and penalties
assessed against a vehicle hauling containerized prepackaged products in
international trade for failing to provide proof to any law enforcement or
weight enforcement officer that the cargo originated from or is destined to an
intermodal facility will be waived by DOTD upon submission of satisfactory proof
that the cargo originated from or was destined to an intermodal facility.
House Bill 1717 by Representative Walsworth
(pending concurrence) authorizes the DOTD secretary to issue, through the
truck permit office, special permits for sealed containerized cargo in
international trade intended for exportation within a 50-mile radius of the Port
of Ouachita at a fee of $750 annually. The permit will authorize the operation
of a vehicle or combination of vehicles with a total gross vehicle weight not to
exceed 90,000 pounds and a tandem axle weight not to exceed 40,000 pounds, and
authorize the secretary to impose a civil penalty of up to 5˘ per pound for
each violation of this weight limit. The special permit may be issued only for a
one year period between July 1, 2004 and June 30, and the authority of the
secretary to issue this permit terminates effective July 1, 2005.
TRANSPORTATION/DEVELOPMENT DEPT.
Transportation and priority reports on
current construction projects provides for the order of priorities to be based
upon a list of factors which shall be considered, as provided in law. Senate
Bill 28 by Senator Dupre (Act 71) adds as an additional factor the safe
evacuation of population when necessitated by catastrophic events such as
hurricanes or flooding.
Senate Bill 841 by Senator Ellington
(Act 81) changes the limitation of the design-build
program from one that authorizes the construction of one project, at a
cost not to exceed $5 million, to one that authorizes the construction of
the new Mississippi River Bridge at St. Francisville (connection to US 61)
including approach structures and connecting roadways, which is included in the
TIMED program. The secretary may select an additional project to utilize the
design-build method at a cost not to exceed $5 million. The measure also
provides for the creation of a primary design-build evaluation committee to
evaluate the responses to the notice of intent received by the department, and
for the creation of a technical review committee to identify specific technical
elements of the project, depending on the characteristics of the project, to be
included in the technical scoring of the proposals. The winning proposal must to
be the proposal with the lowest adjusted score, and provides for the formula
under which such adjusted score for each technical proposal is determined.
House Bill 628 by Representative Quezaire (Act
129) changes certain statutory TIMED project descriptions to be consistent
with TIMED project descriptions included in the state constitution.
House Bill 638 by Representative Quezaire (Act
163) authorizes DOTD to issue permits for outdoor advertising devices along
highway rights-of-way in areas designated in a department forestry management
plan. The applications for permits for devices in such areas may be denied if
the department plans to reforest the area with trees or other vegetation which
would eventually cause the location to be unfavorable for such use.
House Concurrent Resolution 110 by
Representative Tucker (enrolled) directs the House and Senate committees on
transportation to study the re-creation of DOTD.
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