§ 36:504 — Powers and duties of secretary of transportation and development

Louisiana § 36:504

• Jurisdiction: Louisiana
• Title 36: Organization of the Executive Branch of State Government

Text

§504. Powers and duties of secretary of transportation and development
A. In addition to the functions, powers, and duties otherwise vested in the secretary
by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be
responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as specifically provided for
agencies transferred to the department as otherwise provided in this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and
promulgate rules and regulations necessary for the administration of the functions of the
department, except as otherwise specifically provided for agencies transferred to the
department.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the
functions and programs vested in the department, in the manner and to the extent provided
by this Title.
(5) Advise the governor on problems concerning the administration of the
department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of his
subordinates within the department to cooperate with the federal government and with other
state and local agencies in matters of mutual concern and in the administration of federal
funds granted to the state or directly to the department or an office thereof to aid in the
furtherance of any function of the department and its offices. For this purpose he may take
such actions, in accordance with any applicable state law, necessary to meet such federal
standards as are established for the administration and use of such federal funds, except as
otherwise specifically provided by the constitution and laws of this state. The secretary shall
have full and complete power to perform all duties imposed by law upon the department
either directly or through his designated subordinates, except as specifically provided for
agencies transferred to the department. This grant of power and authority to the secretary,
shall be liberally construed to effectuate the purposes of this Chapter and the constitution and
laws of this state.
(7) Make reports and recommendations on his own initiative or upon the request of
the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions
transferred to his department and submit a report thereon to the governor and the legislature,
which report shall accompany the budget statement which he submits under provisions of
R.S. 39:33. Such report shall include a statement of the goals of the department and to the
programs thereof and shall summarize the accomplishments of the department in meeting
such goals and implementing such programs. The report shall also contain a specific
statement of the reorganization and consolidation plan for the department for the next year
and shall include a report on the implementation of such reorganization and consolidation
plan for the previous year. The report concerning reorganization shall specifically detail the
extent to which the department has achieved goals stated the previous year with respect to
merger and consolidation of functions, abolition of agencies, consolidation of offices,
elimination of job positions, and efficiency and economy in delivery of services. The report
shall contain any recommendations with respect to reorganization which may require
legislative action under the provisions of this Title. A copy of the report and recommended
legislation shall also be submitted by the secretary to the presiding officer of both houses of
the legislature. The presiding officer shall refer the report to the appropriate committee
having jurisdiction of the subject matter as provided in the rules of the respective house.
(9)(a) On an annual basis, provide all of the following information to the legislature
no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of
submission to the legislature and which shows each staff position, whether filled or vacant,
that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the
organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in
electronic format and is further authorized, but is not required, to submit the report at the
time of submission of a report pursuant to Paragraph (7) of this Subsection.
B. The secretary shall have authority to:
(1) Except as otherwise specifically provided in R.S. 36:801, R.S. 36:801.1, and R.S.
36:803:
(a) Employ, appoint, remove, assign, and promote such personnel as is necessary for
the efficient administration of the executive office of the secretary and the performance of
its powers, duties, functions, and responsibilities and such other personnel, who are not
assigned to an office as may be necessary for the efficient administration of the department
and for the performance of the responsibilities, powers, duties, and functions of agencies
transferred to it.
(b) Employ, assign, and remove all personnel employed for the department on a
contractual basis; and
(c) Transfer the personnel of the department as necessary for the efficient
administration of the department and its programs; all of the above to be accomplished in
accordance with applicable civil service laws, rules, and regulations, and with policies and
rules of the Department of Transportation and Development, and all subject to budgetary
control and applicable laws.
(d) Negotiate and execute, for meaningful consideration, contracts that permit the
use of bridges under the jurisdiction of the Department of Transportation and Development
for installation of cables for communication systems. "Meaningful consideration" shall
include but not be limited to a specific fee or rental during the period of the contract. The
secretary shall promulgate the necessary rules and regulations to establish and assure a
uniform criteria for the negotiation and execution of the aforementioned contracts. As nearly
as is practicable such rules and regulations shall be promulgated sixty days after the effective
date of this Subparagraph.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and
commissions necessary in the administration of the department.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments
for purposes consistent with the responsibilities and functions of the department and take
such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to
employment and management.
(5) Do such other things, not inconsistent with law, as are necessary to perform
properly the functions vested in him.
(6) Eliminate positions within the department deemed to be unnecessary in fulfilling
the goals of the office of transformation in accordance with civil service rules.
(7) Enter into agreements with other state agencies for the purpose of developing and
implementing programs that ensure adequate, safe, and efficient transportation and public
works infrastructure and services throughout the state.
(8) To utilize any lawful means to monitor, enforce, and collect penalties for
violations occurring within state construction zones. The provisions of this Section shall be
applicable notwithstanding any provision of law to the contrary.

Legislative History

Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1988, No. 762, §2, eff. July 15, 1988; Acts 1990, No. 272, §1, eff. Sept. 1, 1990; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2012, No. 866, §3, eff. Jan. 1, 2013; Acts 2016, No. 557, §2; Acts 2025, No. 375, §1.