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2020 Second Extraordinary Session
SENATE BILL NO. 7
BY SENATOR HEWITT
PORTS/HARBORS/TERMINALS. Provides relative to the Louisiana International Deep
Water Gulf Transfer Terminal Authority. (gov sig) (Item #50)
1 AN ACT
2 To amend and reenact R.S. 34:3494(A) and (B), 3495(A), (C), and (G), and 3496(A),
3 relative to the Louisiana International Deep Water Gulf Transfer Terminal Authority
4 board of commissioners; to provide for a reduction in membership on the board of
5 commissioners; to provide for membership term limits; to provide for review of
6 reporting practices; to provide for the election of officers to the board; to provide for
7 quorum and vote requirements; to provide for an effective date; and to provide for
8 related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 34:3494(A) and (B), 3495(A), (C), and (G), and 3496(A) are hereby
11 amended and reenacted to read as follows:
12 §3494. Board of commissioners; qualifications; term; vacancies; compensation
13 A. The authority shall be governed by a board of fifteen nine commissioners,
14 consisting of the secretary of the Department of Economic Development and the
15 secretary of the Department of Transportation and Development, the chairmen of the
16 House and Senate committees on transportation, highways, and public works or their
17 designees and eleven seven commissioners appointed by the governor to be chosen
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1 on the basis of their demonstrated experience in maritime or business leadership, or
2 both, and their stature and ability to act effectively for the best interests of Louisiana.
3 Such The appointed commissioners shall not be appointed or elected commissioners
4 or board members of any other Louisiana port.
5 B.(1) Commissioners shall be chosen as follows:
6 (1)(a) One member shall be selected from a list of three nominees submitted
7 by the Ports Association of Louisiana.
8 (2)(b) One member shall be selected from a list of three nominees submitted
9 by the Louisiana Association of Business and Industry.
10 (3) One member shall be selected from a list of three nominees submitted by
11 the Louisiana Maritime Association.
12 (4) One member shall be selected from a list of three nominees submitted by
13 the Louisiana River Pilots Association.
14 (5)(c) Two One members member at large.
15 (6)(d) One member appointed selected by the American Federation of
16 Labor-Congress of Industrial Organizations.
17 (7)(e) One member shall be selected from a list of three nominees submitted
18 by the president of the Louisiana State Senate. The term of the appointment shall
19 run concurrent with the president's term in office and shall be a serving
20 member of the St. Bernard or Plaquemines legislative delegation.
21 (8)(f) One member shall be selected from a list of three nominees submitted
22 by the speaker of the Louisiana House of Representatives. The term of the
23 appointment shall run concurrent with the speaker's term in office and shall be
24 a serving member of the St. Bernard or Plaquemines legislative delegation.
25 (9) Repealed by Acts 2012, No. 775, §2, eff. June 12, 2012.
26 (10) One member shall be selected from a list of three nominees submitted
27 jointly by the chief executive officer and the governing authority of Plaquemines
28 Parish. Such nominees shall be residents of Plaquemines Parish.
29 (11) One member selected by the New Orleans Public Belt Railway, and
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1 appointed by the governor, who shall be a non-voting member.
2 (g) One member selected from a list of two nominees, with the Louisiana
3 River Pilots' Association and the Louisiana Maritime Association each
4 submitting one nominee.
5 (12)(2) The Except as otherwise provided in Subparagraphs (e) and (f)
6 of Paragraph (1) of this Subsection, the commissioners appointed shall be
7 appointed for terms of six years. A member shall serve until his successor is
8 appointed unless removed as provided for in Paragraph (C)(1) of this Section. A
9 commissioner may be reappointed, but no commissioner shall serve more than two
10 consecutive terms.
11 * * *
12 §3495. Duties of board; officers; rules; meetings; quorum
13 A. The board of commissioners shall be the governing body of the authority
14 with full power to promulgate rules and regulations for the maintenance and
15 operation of the authority but may defer certain matters to the executive board
16 provided for in Subsection C of this Section for consideration and action. Any action
17 taken by the executive board shall be ratified by the board of commissioners. Prior
18 to the adoption of any rule or regulation for the maintenance and operation of the
19 authority, such rule or regulation shall be subject to the approval of the House and
20 Senate committees on transportation, highways, and public works and the Joint
21 Legislative Committee on the Budget.
22 * * *
23 C. The commissioners shall elect a president, two a vice presidents
24 president, a secretary, and a treasurer from among the members of the board of
25 commissioners to serve for a term of two years and who shall constitute the
26 executive board.
27 * * *
28 G. All matters to be acted upon by the board of commissioners or the
29 executive board shall require the affirmative vote of a majority of the board, with the
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1 exception that the affirmative vote of not less than ten six commissioners shall be
2 required to select the executive director.
3 §3496. Annual reports; budget unit; funding limitation
4 A. The board of commissioners shall make an annual report to the governor,
5 and the House and Senate committees on transportation, highways, and public
6 works, and the Joint Legislative Committee on the Budget. not later than February
7 first of each year. The report shall include a summary of the authority's
8 progress since its inception, the board's plans in the coming year to advance the
9 authority's development program, and a financial report.
10 * * *
11 Section 2. Any member currently appointed to a seat that is unaltered as a result of
12 this Act shall continue to serve the unexpired portion of the term.
13 Section 3. This Act shall become effective upon signature by the governor or, if not
14 signed by the governor, upon expiration of the time for bills to become law without signature
15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16 vetoed by the governor and subsequently approved by the legislature, this Act shall become
17 effective on the day following such approval.
The original instrument was prepared by Xavier Alexander. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cheryl M. Serrett.
DIGEST
SB 7 Reengrossed 2020 Second Extraordinary Session Hewitt
Present law established a 15-member board of commissioners for the La. International Deep
Water Gulf Transfer Terminal Authority, consisting of the secretary of the Dept. of
Economic Development and the secretary of the Dept. of Transportation and Development,
the chairman of the House and Senate committees on transportation, highways, and public
works or their designees and 11 commissioners to be appointed by the governor.
Proposed law reduces the membership of the board from 15 to 9 and removes the chairmen
of the House and Senate committees on transportation, highways, and public works and
reduces the number of members appointed by the governor to seven.
Present law requires the commissioners be chosen as follows: one member selected from a
list of three nominees submitted by the Ports Association of La.; one member selected from
a list of three nominees submitted by the La. Association of Business and Industry; one
member selected from a list of three nominees submitted by the La. Maritime Association;
one member selected from a list of three nominees submitted by the La. River Pilots'
Association; two members at-large; one member appointed by the American Federation of
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Labor-Congress of Industrial Organizations; one member selected from a list of three
nominees submitted by the president of the Senate; one member selected from a list of three
nominees submitted by the speaker of the House of Representatives; one member selected
from a list of three nominees who are residents of Plaquemines Parish, submitted jointly by
the chief executive officer and the governing authority of Plaquemines Parish; and one
member selected by the N.O. Public Belt Railway and appointed by the governor, who must
be a nonvoting member.
Proposed law reduces the member at-large appointments from two to one.
Proposed law removes the member from the House that is selected from a list of three names
submitted by the speaker of the House of Representatives and removes the member from the
Senate that is selected from a list of three nominees submitted by the president of the Senate.
Proposed law adds one member to be selected by the president of the Louisiana Senate,
whose term shall run concurrent with the president's term in office and one member to be
selected by the speaker of the Louisiana House of Representatives, whose term shall run
concurrent with the speaker's term in office. The member selected by the president of the
Senate and the speaker of the House shall be a member of either the St. Bernard or
Plaquemines legislative delegation.
Proposed law removes the member selected from a list of three names submitted jointly by
the chief executive officer and the governing authority of Plaquemines Parish.
Proposed law removes the member selected by the N.O. Public Belt Railway who is
appointed by the governor.
Proposed law removes the member that is selected from a list of three names submitted by
the La. Maritime Association and the member that is selected from a list of three names
submitted by the La. River Pilots Association, and adds that one member shall be selected
from a list of two nominees, with one nominee being submitted by both the La. River Pilots'
Association and the La. Maritime Association.
Present law specifies that the commissioners appointed are appointed for terms of six years
and that no commissioner can serve more than two consecutive terms.
Present law requires the board of commissioners to seek the approval of the House and
Senate committees on transportation, highways, and public works and the Joint Legislative
Committee on the Budget prior to the adoption of any rule or regulation for the maintenance
and operation of the authority.
Proposed law removes present law.
Present law requires the board of commissioners to elect a president, two vice-presidents,
a secretary, and a treasurer from among the members of the board.
Proposed law reduces the number of vice-presidents to be elected from two to one.
Present law specifies that all matters to be acted upon by the board of commissioners or the
executive board require the affirmative vote of a majority of the board, with the exception
that the affirmative vote of not less than 10 commissioners is required to select the executive
director.
Proposed law changes present law by requiring the affirmative vote of a majority of the
board and reduces the number of affirmative votes of commissioners to select the executive
director from 10 to 6.
Present law requires the board to make an annual report to the governor, the House and
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Senate committees on transportation, highways, and public works, and the Joint Legislative
Committee on the Budget.
Proposed law removes the Joint Legislative Committee on the Budget from the entities to
which the board must make an annual report. Proposed law further provides that the annual
report shall be submitted not later than February 1st of each year and that the report shall
include a summary of the authority's progress, future plans for the authority's development
program and financial report.
Provides that terms of the current members of the board shall not be altered by proposed law.
Effective upon signature of the governor or, if not signed by the governor, upon expiration
of the time for bills to become law without signature by the governor.
(Amends R.S. 34:3494(A) and (B), 3495(A),(C), and (G), and 3496(A))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Provides that one member shall be selected by the president of the Louisiana
Senate and one member shall be selected by the speaker of the Louisiana
House of Representatives.
2. Removes members from Plaquemines and St. Bernard legislative delegation.
3. Changes the consecutive terms a commissioner may serve from three to two.
4. Provides date for annual report to be filed.
5. Provides for effective date upon signature of governor.
Senate Floor Amendments to engrossed bill
1. Makes technical corrections.
2. Requires the members appointed by the president of the Senate and speaker
of the House be members of the St. Bernard or Plaquemines legislative
delegation.
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