RS 33:4530

PART V. CITY OF NEW ORLEANS--PUBLIC BELT RAILROAD §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. 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. 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.