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)