HLS 15RS-856 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 572
BY REPRESENTATIVE ARNOLD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PILOTS: Provides relative to steamship pilots
1 AN ACT
2To amend and reenact the heading of Part II of Chapter 6 of Title 34 of the Louisiana
3 Revised Statutes of 1950, R.S. 34:1041, 1042(A), 1044 through 1046, and 1048,
4 relative to steamship pilots; to provide for appointments relative to new examiners
5 and commissioned steamship pilots; to provide for qualifications relative to
6 steamship pilots; to provide for pilotage fees; to repeal obsolete statutory provisions;
7 and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. The heading of Part II of Chapter 6 of Title 34 of the Louisiana Revised
10Statutes of 1950, R.S. 34:1041, 1042(A), 1044 through 1046, and 1048 are hereby amended
11and reenacted to read as follows:
12 PART II. NEW ORLEANS AND BATON ROUGE PORT STEAMSHI P PILOTS
13 §1041. Definitions
14 As used in this Part, the following terms shall have the meaning ascribed to
15 them in this Section, unless the context clearly indicates otherwise:
16 (1) "Board of commissioners" means the Board of New Orleans and Baton
17 Rouge Steamship Pilot Commissioners for the Mississippi River, established in R.S.
18 34:1049.
19 (2)(1) "Board of examiners" means the Board of Examiners for New Orleans
20 and Baton Rouge steamship pilots for the Mississippi River, established in R.S.
21 34:1042.
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HB NO. 572
1 (3)(2) "Pilot" means a New Orleans and Baton Rouge Steamship Pilot, as
2 designated in R.S. 34:1043.
3 §1042. Board of steamship pilot examiners; members; appointment; oath of office;
4 powers and duties
5 A. The governor shall appoint, by and with the advice and consent of the
6 Senate, three citizens who shall form the Board of Examiners for New Orleans and
7 Baton Rouge Steamship Pilots for the Mississippi River from the port of New
8 Orleans to and including the port of Baton Rouge and intermediate ports. The
9 examiners so appointed shall serve for a term of two years and their successors shall
10 be appointed by the governor, and shall serve for terms of two years. When an
11 examiner vacancy occurs on the board, the board shall make a recommendation to
12 the governor to fill the vacancy. The board shall recommend only those pilots who
13 have served at least five years as an unrestricted Louisiana state commissioned New
14 Orleans and Baton Rouge Steamship Pilot. The examiners shall continue in office
15 until their successors are appointed and qualified. The examiners shall be appointed
16 from those pilots who have, for at least one year immediately preceding, exercised
17 the functions of river pilots from the port of New Orleans to and including the port
18 of Baton Rouge and intermediate ports upon sea-going vessels; and thereafter the
19 appointments Appointments shall be exclusively made from the pilots commissioned
20 by virtue of this Part. The governor, in appointing the examiners, shall designate the
21 president of the board. The examiners shall be removable by the governor for cause,
22 and shall qualify by taking an oath of office.
23 * * *
24 §1044. Appointment of pilots; minimum number
25 The first nine pilots provided for in R.S. 34:1043 shall be appointed by the
26 governor from those pilots who have been actively and continuously engaged for one
27 year previous in piloting sea-going vessels from the port of New Orleans to the port
28 of Baton Rouge and intermediate ports and return, and thereafter there shall not be
29 less than nine such pilots. Pilots provided for in R.S. 34:1043 shall be appointed by
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HB NO. 572
1 the governor from those pilots who have been recommended to the governor
2 pursuant to the provisions outlined in the board of examiners' rules and regulations.
3 §1045. Examination of pilots; qualifications
4 Whenever there exists a necessity for more pilots the board of examiners
5 shall hold examinations, under such rules and regulations, and with such
6 requirements as it may provide, with the governor's approval. No applicant shall be
7 considered by said the board unless he submits proper evidence of moral character,
8 and is a voter of this state, has a first class pilot license issued by the United States
9 Coast Guard and served six months' apprenticeship in his proposed calling and
10 complies with all requirements set forth in the board's Pilot Development Program
11 as provided for in Subpart 3 of Part 70 of Title 46, comprised of LAC 46:LXX:6101
12 et seq. Upon the certification of the board to the governor that the applicant has
13 complied with the provisions of this Part, the governor may, in his discretion, appoint
14 the applicant or applicants to existing vacancies.
15 §1046. Oath of office and bond
16 The pilots shall take an oath of office and furnish bond in favor of the
17 governor conditioned upon the faithful performance of the duties imposed by this
18 Part, to the extent of one thousand dollars, approved by the Board of Commissioners
19 of the Port of New Orleans board of examiners.
20 * * *
21 §1048. Pilotage fees; exceptions
22 A. The pilots shall be entitled to ask and receive a pilotage fee per foot of
23 water drawn by the vessels piloted by them up or down the Mississippi river as
24 follows: to-wit: The pilots shall be entitled to ask for and receive a pilotage fee. The
25 pilots' fees shall be established by the Pilotage Fee Commission as described in R.S.
26 34:1121 et seq.
27 Between the port of New Orleans and all intermediate ports to and including
28 the port of Baton Rouge, per draft foot$ 6.75
29 Shifting: docks to anchor, or anchor to docks$ 50.00
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1 Dead ships to be charged double shifting fee.
2 Docking or undocking ships head down, additional $ 25.00
3 Compass adjusting$ 43.75
4 Trial trip, in and out, not to exceed 8 hoursRegular draft rate
5 Additional charge per hour or fraction thereof for more than 8 hours $ 10.00
6 Ships enroute, taking 11 hours or more, but less than 12 hours
7 Regular draft rate plus flat $50.00
8 Ships enroute, taking 12 hours or moreTwo pilotages
9 Second pilotage at regular draft rate not to exceed$150.00 maximum
10 Transportation costs to or from vessel at outlying points as per tariff and boat
11 service to or from vessel at anchor or underway shall be borne by vessel.
12 Vessels subject to pilotage fees shall be any vessel moving from a point
13 between Baton Rouge and New Orleans.
14 Discharge
15 Within port limits of New Orleans and Baton Rouge$ 10.00
16 Outside port limits of New Orleans and Baton Rouge $ 25.00
17 Detention per hour$ 10.00
18 Minimum draft 15 feet
19 B. These Pilots' charges shall be paid by every vessel subject to pilotage
20 navigating between the ports of New Orleans and Baton Rouge and intermediate
21 ports; provided that should any vessel have a draft of less than fifteen feet, the
22 pilotage charge shall be computed on a fifteen foot draft. When pilot services are
23 timely offered and refused, the vessel shall pay the charges nevertheless.
24 The pilotage fee shall bear as a lien upon the vessel, which lien shall
25 prescribe within one year, should the vessel return to the port of New Orleans within
26 that time.
27 C. Vessels of one hundred tons or under, lawfully engaged in the coastwide
28 trade of the United States, shall not be required to take a pilot; but the master of such
29 the vessel may demand pilot services.
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HB NO. 572
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 572 Original 2015 Regular Session Arnold
Abstract: Makes various changes to existing port pilots statutes.
Present law defines "board of commissioners" as the Bd. of New Orleans and Baton Rouge
Steamship Pilot Commissioners for the Mississippi River. Proposed law deletes present law.
Present law defines "board of examiners" as the Bd. of Examiners for New Orleans and
Baton Rouge steamship pilots. Proposed law changes this present law definition to mean
the Bd. of Examiners for New Orleans and Baton Rouge Steamship Pilots for the Mississippi
River.
Present law provides for the governor's appointments of examiners and their successors to
the bd. of examiners. Proposed law retains present law.
Present law requires governor-appointed examiners and their successors to serve two-year
terms. Further requires appointed examiners to be pilots who have, for at least one year
immediately preceding the appointment, exercised the functions of river pilots from the port
of New Orleans to and including the port of Baton Rouge and intermediate ports upon sea-
going vessels. Proposed law deletes present law.
Proposed law requires the bd. of examiners to make pilot recommendations to the governor
to fill vacancies. Further requires the bd. of examiners to only recommend pilots who have
served at least five years as an unrestricted La. state commissioned New Orleans and Baton
Rouge Steamship Pilot.
Proposed law clarifies that the governor's appointment of examiner is to be made exclusively
from the pilots commissioned by virtue of present law and proposed law.
Present law provides a minimum number of nine pilots to be appointed by the governor from
pilots who have been actively and continuously engaged for the previous one year in piloting
sea-going vessels from the port of New Orleans to the port of Baton Rouge and intermediate
ports and return. Further provides for the minimum number of pilots to not be less than nine.
Proposed law deletes present law.
Proposed law requires pilots provided for in present law (R.S. 34:1043) to be appointed by
the governor from those pilots recommended to the governor pursuant to the provisions of
the bd. of examiners' rules and regulations.
Present law requires a qualified pilot to have a first class pilot license issued by the U.S.
Coast Guard and to have served a six-month apprenticeship. Proposed law deletes this
requirement of present law and provides for a qualified pilot to comply with all requirements
of the bd. of examiners' Pilot Development Program.
Present law requires pilots to take an oath of office and furnish bond in favor of the
governor, conditioned upon the faithful performance of duties, to the extent of $1,000
approved by the Bd. of Commissioners of the Port of New Orleans. Proposed law retains
present law but changes the bond approval to be made by the board of examiners.
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Present law provides pilots' entitlement to ask for and receive a pilotage fee per foot of water
drawn by vessels piloted up or down the Mississippi River. Further provides for related
itemized pilotage fees. Proposed law deletes present law.
Proposed law provides for pilots' entitlement to ask for and receive a pilotage fee. Further
provides for such fees to be established by the Pilotage Fee Commission.
Present law provides for pilots' charges to paid by every vessel subject to pilotage navigating
between the ports of New Orleans and Baton Rouge and intermediate ports. Further
provides for vessels subject to a pilotage navigating fee to pay the required charges, even
when pilot services are timely offered and refused. Proposed law retains present law.
Present law provides for the pilotage fee to be computed on a 15 foot draft for any vessel
with a draft of less than 15 feet. Further provides for the pilotage fee to bear as a lien upon
the vessel, which lien prescribes within one year, should the vessel return to the Port of New
Orleans within that time. Proposed law deletes present law.
(Amends the heading of Part II of Chapter 6 of Title 34, R.S. 34:1041, 1042(A), 1044-1046,
and 1048)
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