Louisiana 2019 2019 Regular Session

Louisiana House Bill HB369 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 314 (HB 369) 2019 Regular Session	Pierre
New law creates the La. Trucking Research and Education Council and establishes its
domicile as Baton Rouge, La.
New 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 Association, Inc. must submit the names of 12 trucking
industry representatives and the governor must appoint eight 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 president of the La. Community and Technical College System, or his designee.
(6)The secretary of the La. Workforce Commission, or his designee.
New 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.
New law authorizes the council to disqualify any appointed member for cause, including
excessive absences from meetings, and specifies 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
Association, Inc.
New law prohibits council members from receiving a salary but allows reimbursement for
actual travel expenses.
New law requires the council to establish rules and regulations for its own government and
the administration of its affairs.
New law specifies that the council is subject to the Public Records Law and the Open
Meetings Law.
New 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 new
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 LMTA Foundation, Inc. or
its successor entity, a nonprofit corporation, for the use of staff and resources to carry
out the powers and duties of the council.
New law imposes a surcharge levied at the rate of $15 on truck registrations issued pursuant
to existing law and on all Class 1 and Class 2 registration fees for trucks and trailers in
excess of 23,999 lbs., as provided in existing law, in addition to and simultaneous with any
registration or license tax, as provided in existing law.
New law establishes a fund account within the state treasury known as the "Trucking
Research and Education Council Fund Account" which consists of revenues derived from
the surcharge collected pursuant to new law.
New law requires that the monies in the fund account be invested in the same manner as
monies in the general fund and interest earned on the investment of monies in the fund
account be credited to the fund account.
New law requires that the monies deposited into the fund account be categorized as fees and
self-generated revenue for the sole purpose of reporting related to the executive budget,
supporting documents, and general appropriation bills and requires that the monies deposited
be used as provided in new law.
New law requires that all unexpended and unencumbered monies in the fund account at the
end of the fiscal year remain in the account.
New law requires that the gross amount 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 and 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, subject to legislative appropriation.
Effective Aug. 1, 2019.
(Adds R.S. 32:691-694)