Louisiana 2019 2019 Regular Session

Louisiana House Bill HB369 Comm Sub / Analysis

                    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 369 Engrossed	2019 Regular Session	Pierre
Abstract: Creates the La. Trucking Research and Education Council.
Proposed law creates the La. Trucking Research and Education Council and establishes its domicile
as Baton Rouge, La.
Proposed law specifies that the council is to be composed of 13 members who serve terms
concurrent with the governor, as follows:
(1)The La. Motor Transport Assoc. must submit the names of 12 trucking industry
representatives and the governor must appoint 8 persons from those nominees.
(2)The superintendent of the La. State Police, or his designee.
(3)The state superintendent of education, or his designee.
(4)The secretary of the La. Dept. of Transportation and Development, or his designee.
(5)The chairman of the Board of Supervisors of the La. Community and Technical College
System, or his designee.
(6)The secretary of the La. Workforce Commission, or his designee.
Proposed law requires that the council meet immediately following their appointment and elect a
chairman, vice chairman, and a secretary-treasurer from the trucking industry representative
members, whose duties must be those customarily exercised by such officers or specifically
designated by the council.
Proposed law authorizes the council to disqualify any appointed member for cause, including
excessive absences from meetings, and clarifies that any vacancy must be filled by a majority vote
of the council from a list of two names submitted by the La. Motor Transport Assoc.
Proposed law specifies that the council must establish rules and regulations for its own government
and the administration of its affairs.
Proposed law specifies that the council is subject to the Public Records Law and the Open Meetings
Law. Proposed law authorizes the council to exercise powers necessary, pertinent, convenient, or
incidental to carrying out its purposes, including but not limited to the following:
(1)To develop programs and projects to carry out the purpose of the council, including but not
limited to enhancing safety and training, providing for research and development, and
educating the public.
(2)To provide for the payment of all council costs with funds collected pursuant to proposed
law.
(3)To coordinate council activities with the industry associations and others, as appropriate, to
provide efficient delivery of services and avoid unnecessary duplication of efforts and
activities.
(4)To contract with any public or private person, partnership, association, or corporation to
carry out the purpose of the council.
(5)To apply for, receive, and accept grants, loans, advances, and contributions from any source
of money, property, labor, or other things of value, to be held, used, and applied for council
purposes.
(6)To enter into cooperative endeavor agreements with the La. Motor Transport Assoc.
Foundation or its successor entity, a nonprofit corporation, for the use of staff and resources
to carry out the powers and duties of the council.
Proposed law requires that the surcharge imposed and levied at the rate of 3% on all single-trip
special permits fees, as provided in present law, be paid in addition to and simultaneous with any
special permit fee.
Proposed law requires that the surcharge be collected by the secretary of the La. Dept. of
Transportation and Development at the issuance of any special permit and requires that the gross
amount collected be paid by the secretary to the council on a quarterly basis. 
Proposed law requires that the quarterly payments be made on or before the 15th day of the
succeeding quarter accompanied by a complete audit of all funds collected.
Proposed law requires that the surcharge imposed and levied at the rate of 3% on all Class 1
registration fees for trucks and trailers in excess of 23,999 lbs, as provided in present law, be paid
in addition to and simultaneous with any special permit fee.
Proposed law requires that the surcharge be collected by the commissioner of the Dept. of Public
Safety and Corrections, office of motor vehicles, at the issuance of any annual registration or license
tax and requires that the gross amount collected be paid by the commissioner to the council on a
quarterly basis.  Proposed law requires the quarterly payments be made on or before the 15th day of the succeeding
quarter accompanied by a complete audit of all funds collected.
(Adds R.S. 32:691-694)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation, Highways and
Public Works to the original bill:
1. Clarify that the council may enter into cooperative endeavor agreements with the La.
Motor Transport Assoc. Foundation.
2. Clarify that the surcharge imposed and levied in present law is applicable to registration
fees for Class 1 trucks and trailers in excess of 23,999 lbs.
3. Remove the requirement that the Dept. of Transportation and Development, office of
multimodal commerce, provide staff support for the council until a cooperative endeavor
agreement is finalized.
4. Make technical changes.