EXECUTIVE ORDER MJF 98-06

EXECUTIVE ORDER MJF 98-06

Transportation Infrastructure Model for Economic Development Review Task Force


WHEREAS: on October 7, 1989, the people of the state of Louisiana approved an amendment to Article VII, Section 27 of the Louisiana Constitution of 1974 (hereafter "the amendment") which, effective January 1, 1990, established the Transportation Trust Fund (hereafter "trust") in the state treasury and provided for the avails of the gasoline and motor fuel tax and special fuels tax to be credited to the trust;

WHEREAS: the amendment also mandated that the Transportation Infrastructure Model for Economic Development (hereafter "TIMED"), which includes only those projects enumerated in Act 16 of the First Extraordinary Session of 1989 (hereafter "Act 16"), shall be funded as provided by law;

WHEREAS: R.S. 47:820.2 directs the state treasurer to create the Transportation Infrastructure Model for Economic Development Account (hereafter "account") within the trust, and to fund it with a 15-year $.04 per gallon gasoline tax (hereafter "tax"), as described in R.S. 47:820.1 and 820.4, and that the monies in the account shall be used solely to fund the TIMED program;

WHEREAS: the purpose of the TIMED program is to dedicate the funds in the account to the 16 designated highway, bridge, port, and airport projects (hereafter "projects") listed in Act 16, R.S. 47.820.2(B); WHEREAS: the projects were designed to achieve a balance between the state's need for transportation infrastructure improvement and the state's overall need for economic development;

WHEREAS: pursuant to the provisions of R.S. 47:820.4, the tax shall expire in the year 2004, even though 11 of the projects will not be completed;

WHEREAS: significant changes in the economic development and transportation infrastructure improvement needs of the state, not envisioned at the time of the enactment of the TIMED program, have occurred since the ratification of the constitutional amendment in 1989; and

WHEREAS: due to these changes, the interests of the citizens of the state of Louisiana would be best served by the creation of a task force charged with the duty of evaluating the state's continued need for projects not yet completed and for additional projects not listed in Act 16, based on the cost effectiveness of the projects and the economic development and transportation improvement infrastructure needs of the state, so that a reasoned decision can be made regarding the state's need to reenact and renew the tax and TIMED program and amend the provisions of Article VII, Section 27 of the Louisiana Constitution;

NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: The Transportation Infrastructure Model for Economic Development Review Task Force (hereafter "task force") is established within the Executive Department, Office of the Governor.

SECTION 2: The duties of the task force shall include, but are not limited to, the following:

  • A. reviewing the incomplete projects in the TIMED program, and evaluating the continued need for those projects as they relate to the state's transportation infrastructure improvement needs and the overall economic development goals of the state;

  • B. reviewing proposals for new projects to evaluate the need to amend Article VII, Section 27 of the Louisiana Constitution to permit the inclusion of additional projects within a reenacted and renewed tax and TIMED program; and

  • C. reviewing the incomplete projects in the TIMED program to evaluate the priority of the projects based on their importance to the economic development objectives and goals of the state and the state's transportation infrastructure improvement needs.
  • SECTION 3: The task force shall prepare a comprehensive written report on the items listed in Section 2 and submit it to the governor; the House Committee on Transportation, Highways, and Public Works; the House Committee on Ways and Means; the Senate Committee on Transportation, Highway, and Public Works; and the Senate Committee on Revenue and Fiscal Affairs, no later than March 16, 1998.

    SECTION 4: The task force shall be composed of 21 voting members who shall be appointed by, and serve at the pleasure of, the governor and two non-voting ex-officio members.

  • A. Six of the voting members of the task force shall be selected as follows:

  • 1. the governor, or the governor's designee;

  • 2. the commissioner of Administration, or the commissioner's designee;

  • 3. the secretary of the Department of Transportation and Development, or the secretary's designee;

  • 4. the secretary of the Department of Economic Development, or the secretary's designee;

  • 5. the chair of the Infrastructure Committee of the Economic Development Council; and

  • 6. one at-large member.
  • B. Nine of the voting members of the task force shall be selected by the governor from the lists of nominations submitted by the chambers of commerce located in each of the Department of Transportation and Development's nine planning districts.

  • C. Six of the voting members of the task force shall be selected by the governor from the lists of nominations submitted by the following groups:

  • 1. the Public Affairs Research Council;

  • 2. the Council for a Better Louisiana;

  • 3. the Louisiana Association for Business and Industry;

  • 4. the Louisiana Business League;

  • 5. the American Federation of Labor Congress of Industrial Organization (AFL-CIO); and

  • 6. the LA Good Roads Association.
  • D. The two ex-officio nonvoting members shall be the chairs of the House and Senate committees on Transportation, Highway, and Public Works.
  • SECTION 5: The governor shall select the chair of the task force. The membership of the task force shall elect all other officers.

    SECTION 6: The task force shall meet at the call of the chair.

    SECTION 7: Support staff for the task force and facilities for its meetings shall be provided by the Louisiana Transportation Research Center.

    SECTION 8: Task force members shall not receive compensation or a per diem. Nonetheless, contingent upon the availability of funds, members who are not employees of the State of Louisiana or one of its political subdivisions, or an elected official, may receive reimbursement with advance written approval of the Office of the Governor for actual travel expenses incurred, in accordance with state guidelines and procedures, upon the approval of the commissioner of Administration.

    SECTION 9: All departments, commissions, boards, agencies, and officers of the state, or any political subdivision thereof, are authorized and directed to cooperate with the task force in implementing the provisions of this Order.

    SECTION 10: This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

    IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 29th day of January, 1998.

    M.J. "Mike" Foster, Jr.
    Governor

    ATTEST BY
    THE GOVERNOR
    Fox McKeithen
    Secretary of State