§ 33:4530 — New Orleans public belt railroad; operation by railroad commission

§4530. New Orleans public belt railroad; operation by railroad commission
A.(1) The New Orleans Public Belt Railroad Commission for the Port of New
Orleans is hereby created as a political subdivision of the state pursuant to Article VI,
Sections 19 and 43 of the Constitution of Louisiana, hereinafter referred to in this Part as the
"railroad commission". The railroad commission is hereby granted all of the rights, powers,
privileges, and immunities accorded by law and the Constitution of Louisiana to political
subdivisions of the state, subject to the limitations provided in this Part. The railroad
commission shall exercise, in conjunction with the Board of Commissioners of the Port of
New Orleans, the powers and functions hereinafter set forth in this Part or otherwise
provided by law. The railroad commission and all properties at any time owned by it and the
income therefrom shall be exempt from any form of taxation in the state of Louisiana.
(2)(a) Except as provided in Subparagraph (b) of this Paragraph, the board of the
railroad commission shall be composed of the members of the Board of Commissioners of
the Port of New Orleans. If any person ceases to serve as a member of the Board of
Commissioners of the Port of New Orleans for any reason, that person shall at the same time
simultaneously cease to be a member of the board of the railroad commission. A person's
successor in office as a member of the Board of Commissioners of the Port of New Orleans
shall take office automatically and, without necessity of further action by anyone, become
a member of the board of the railroad commission, if that successor meets the qualifications
for members set forth in Subparagraph (b) of this Paragraph. A member of the Board of
Commissioners of the Port of New Orleans whose term in office has expired but who retains
the qualifications required by law shall continue to serve as a member of the railroad
commission until that person's successor has been appointed and taken office with the board
of the port. Each member holds the office as a member of the railroad commission by virtue
of the office to which he is appointed as a member of the Board of Commissioners of the
Port of New Orleans. This combination of offices is in the public interest and no other law
pertaining to dual office holding shall be construed or applied to prohibit the combination
of these offices.
(b) No director, attorney, officer, or employee of any other rail carrier shall be a
member of the board of the railroad commission. For purposes of this Subparagraph, the
prohibition regarding an attorney refers only to an individual attorney who represents a rail
carrier, and there shall be no imputed disqualification to an attorney based on representations
of rail carriers by other lawyers associated in that attorney's firm. For purposes of this
Subparagraph, "rail carrier" has the meaning provided in 49 U.S.C. 10102 or any successor
statutory provision, and also includes an entity which directly or indirectly controls or is
controlled by such a rail carrier. Furthermore, Subparagraph (a) of this Paragraph shall not
be construed or applied to permit a person to serve on the board of the railroad commission
if prohibited by the Code of Governmental Ethics. A vacancy on the railroad commission
caused by disqualification under this Subparagraph shall not be filled.
(3) The chairman, the vice chairman, and the secretary-treasurer of the board of the
railroad commission, whose duties shall be those usual to those officers, shall be the same
as the corresponding board officers of the Board of Commissioners of the Port of New
Orleans, unless the port board officer lacks the qualification under Subparagraph (2)(b) of
this Subsection, in which case the board of the railroad commission shall elect a substitute
from its membership. The board of the railroad commission shall meet once a month in
regular session. It shall meet in special sessions as often as the chairman of the board
convenes it, or on written request of four members. Four members of the railroad
commission shall constitute a quorum for the transaction of business. The railroad
commission shall prescribe rules to govern its meetings and shall keep suitable offices
convenient to the business center of the city of New Orleans.
(4) The chief executive officer of the Board of Commissioners of the Port of New
Orleans shall serve as chief executive officer of the railroad commission. He shall appoint
as an employee of the railroad commission the general manager for railroad operations of the
railroad commission who shall report to the chief executive officer. The chief executive
officer of the railroad commission shall hold office by virtue of his appointment and
employment as chief executive officer of the Board of Commissioners of the Port of New
Orleans. Such employment is in the public interest, and no other law shall be construed or
applied to prohibit this combination of offices and employment. The railroad commission
and the Board of Commissioners of the Port of New Orleans may determine that each
political subdivision shall pay a portion of the total compensation of the chief executive
officer and other port senior executive employees in the unclassified service who provide
services to the railroad commission pursuant to R.S. 33:4535.
B. The railroad commission shall have the power to make contracts and to acquire
lands, leases, and other forms of property necessary for the operation of a railroad system and
port railroad terminals, either by purchase, expropriation, or otherwise, and shall have the
right to operation within or without the parish of Orleans. The railroad commission shall
have the same right to lease or sublease any property, whether movable or immovable, that
is owned or leased by it, that is provided to the Board of Commissioners of the Port of New
Orleans under R.S. 9:1102.2(A)(2).
C. The control, operation, management, and development of the public belt railroad
system upon its acquisition as provided in R.S. 33:4535 shall be exclusively vested in the
railroad commission, subject to the provisions of this Part with respect to the related powers
and functions of the Board of Commissioners of the Port of New Orleans, provided,
however, that the railroad commission shall have the power and authority to contract with
other firms or corporations, either public or private, or local governmental subdivisions or
political subdivisions, or state agencies, for the operation, management, and development of
the entire public belt railroad system, provided that the Board of Commissioners of the Port
of New Orleans shall determine that the interests of the city of New Orleans, the port of New
Orleans, and the public belt railroad system would best be served thereby and shall approve
the terms and conditions of any such contract; provided that any such contract shall recognize
and maintain the rights of the employees of the public belt railroad system under existing
labor contracts and applicable law; however, this requirement shall not be interpreted to
prohibit future changes as may be permitted by law, contract, or negotiated agreement with
employees.
D. The primary and specific purpose of the railroad commission is to promote
economic growth and development in trade and commerce through the operation of a neutral
switching and terminal carrier for the New Orleans rail gateway. The provision of freight
handling and transportation within the Port of New Orleans, whether by roadway, rail, or
other means, shall be within the powers and functions of the Board of Commissioners of the
Port of New Orleans, subject to this Part assigning all rail freight common carrier obligations
to the railroad commission.
NOTE: See Acts 2011, No. 279, §3, relative to effective date of Act.
NOTE: See Acts 2020, No. 359, §10, regarding applicability of cooperative endeavor
agreement date February 1, 2018.
NOTE: See Acts 2020, No. 359, §7, regarding repeal of Acts 2011, No. 279.

Legislative History

Added by Acts 1976, No. 245, §1; Acts 2011, No. 279, §1; Acts 2020, No. 359, §§1, 2, eff. June 12, 2020, §7; Acts 2020, No. 359, §7.