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2021 Regular Session
HOUSE BILL NO. 650
BY REPRESENTATIVE PRESSLY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PILOTS: Provides relative to river port and steamship pilots
1 AN ACT
2To amend and reenact R.S. 34:991, 992(B), 993, 1042, 1044, 1045, 1122(B)(1) and (C),
3 1133(G), 1134, and 1135(B), to enact R.S. 34:992(C), 1043(C), 1122(A)(4), 1139
4 and 1140, and to repeal R.S. 34:1005, relative to the regulation of river port pilots
5 and steamship pilots; to provide for the Board of River Port Pilot Commissioners and
6 the Board of Examiners for New Orleans and Baton Rouge Steamship Pilots for the
7 Mississippi River; to provide for appointments to the boards; to provide for duties
8 of the boards; to provide for authority of the boards; to provide for public meetings;
9 to provide for duties of pilots; to provide for appointments of pilots; to provide for
10 continuing education of pilots; to provide for qualifications to participate in pilot
11 apprenticeship programs; to provide for pilotage certification requirements; to
12 require reports to the governor, president of the Senate, and speaker of the House;
13 to prohibit discrimination; to provide for applicability; and to provide for related
14 matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 34:991, 992(B), 993, and 1042, 1044, 1045, 1122(B)(1) and (C),
171133(G), 1134, and 1135(B) are hereby amended and reenacted and R.S. 34:992(C),
181043(C), 1122(A)(4), 1139, and 1140 are hereby enacted to read as follows:
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1 §991. Board of River Port Pilot Commissioners; powers and duties,; appointment,;
2 qualification,; and removal of members
3 A. There is hereby created the Board of River Port Pilot Commissioners for
4 the Port of New Orleans. The board shall consist of three citizens appointed by the
5 governor, with the consent of the Senate, who presently hold a commission as a river
6 port pilot and such commission has been active for a period of not less than four
7 years. and House of Representatives:
8 (1) The commander of the United States Coast Guard Atlantic Area, Eighth
9 District or his designee.
10 (2) The governor shall appoint two members, both residents of this state, one
11 of whom shall be a businessperson of good standing and one a licensed pilot. The
12 businessperson shall be appointed from a list of four nominees jointly submitted by
13 Baton Rouge Area Chamber and Greater New Orleans, Inc. The pilot shall be
14 selected from a list of two pilots to be submitted to the governor by the association
15 of river port pilots, which list shall be certified by the secretary of the association as
16 being the nominees of the association. No nominee submitted in accordance with
17 this Section shall serve on the Board of Louisiana River Pilot Review and Oversight
18 or the Louisiana Pilot Fee Commission. The governor, in appointing the said
19 commissioners, shall designate the president of the board.
20 B. The commissioners shall serve at the pleasure of the governor.
21 C. The said commissioners shall take an oath to faithfully perform their
22 duties.
23 B.D. The Board of River Port Pilot Commissioners for the Port of Orleans
24 shall:
25 (1) Formulate rules and regulations pursuant to the Administrative Procedure
26 Act establishing qualifications of river port pilots and providing for the examination
27 and approval of apprenticeship programs for the river port pilots, and to administer
28 the evaluation and examination of river port pilots.
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1 (2) Meet at least quarterly and at all such times as the president of the
2 commission deems necessary.
3 (3) Formulate rules and regulations pursuant to the Administrative Procedure
4 Act establishing minimum standards of conduct consistent with this Section. for river
5 port pilots to include neglect of duty, drunkenness, carelessness, habitual
6 intemperance, substance abuse, and incompetency, and make other rules and
7 regulations for the proper and safe pilotage upon the waters covered by this Subpart
8 and for the efficient administration of this Subpart.
9 (4) Conduct hearings pursuant to the Administrative Procedure Act,
10 including the right to subpoena documents and witnesses pursuant to R.S. 49:956,
11 and investigate the violation of any provisions of this Subpart or rules or regulations
12 adopted by the commissioners, and to report all findings and conclusions to the
13 governor, should the board request action by the governor.
14 (5) Have the authority to impose a fine of not more than five hundred dollars
15 upon any river port pilot, to reprimand or remove from a vessel any river port pilot,
16 or to recommend to the governor that the commission of any river port pilot be
17 suspended or revoked if after a hearing conducted in accordance with the
18 Administrative Procedure Act, a river port pilot is found in violation of any rule or
19 regulation adopted by the Board of River Port Pilot Commissioners. In any event,
20 the Board of River Port Pilot Commissioners shall have the authority also to suspend
21 a river port pilot's commission in accordance with R.S. 49:961(C).
22 (6) Provide to all river port pilots and river port pilot candidates rules and
23 regulations.
24 E. No pilot association shall impose any custom, rule, bylaw, or charter
25 provision on the board or its authority. Further, any attempt to exercise any authority
26 over or affecting the board's authority shall be deemed a violation of Chapter 6 of
27 Title 34 of the Louisiana Revised Statutes of 1950 governing pilotage.
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1 C.F. For purposes of this Subpart and the Administrative Procedure Act
2 only, the term commission shall be used interchangeably with the term license and
3 shall have the same meaning.
4 G. Once a quorum is established, all meetings of the Board of River Port
5 Pilot Commissioners for the Port of Orleans shall comply with public meeting
6 requirements in accordance with the Open Meetings Law.
7 §992. River port pilots; duties; appointment; discontinuation of duties
8 * * *
9 B. River port pilots shall be duly appointed and commissioned by the
10 governor and shall serve as an agent and public officer as provided by law or until
11 revocation of the appointment or commission by the governor in accordance with
12 this Subpart, or pursuant to rules and regulations duly adopted by the Board of River
13 Port Pilot Commissioners.
14 C. No pilot shall discontinue duties without permission. Except for reasons
15 of health, satisfactory evidence of which shall be furnished to the board when
16 requested, no commissioned pilot or apprentice shall cease to act as such or remove
17 himself, at any time, from a duty status without first obtaining the permission of the
18 group of pilots with which he is associated or of some duly authorized official of that
19 group. No such permitted discontinuance or absence for a period greater than three
20 months shall be valid without additionally obtaining, in advance, the written
21 authorization of the board. Any pilot or apprentice neglecting or refusing to comply
22 with such requirement as to presence and performance of duties may be subject to
23 sanctions imposed by the association and have, respectively, the pilot's commission,
24 appointment, or apprenticeship, as the case may be, either suspended or revoked by
25 board recommendation, depending on the board's judgment and evaluation of the
26 circumstances.
27 §993. Examinations for appointment; qualifications; continuing education
28 A. Whenever there exists a necessity for more pilots as determined by the
29 river port pilots, a procedure adopted by the Board of River Port Pilot
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1 Commissioners, the Board of River Port Pilot Commissioners board shall hold
2 examinations under such rules and regulations and such requirements as they shall
3 have provided, with the governor's approval are consistent with this Part; however,
4 no applicant shall be considered by the board unless he submits proper evidence of
5 moral character and is a voter of this state, and shall have completed an approved
6 apprenticeship program within the geographic area affected by this Subpart a board-
7 approved pilot apprenticeship program. The Board of River Port Pilot
8 Commissioners shall issue a certificate to the governor that the applicant has
9 satisfied the requirements of this Subpart. The governor may then, in his discretion,
10 appoint said the applicant to any existing vacancies vacancy.
11 B. Candidates seeking to participate in a pilot apprenticeship program shall
12 meet all of the following minimum requirements:
13 (1) Be a graduate of a maritime academy approved by and conducted under
14 rules prescribed by the Federal Maritime Administrator and listed in 46 CFR Part
15 310, unless the board determines that the applicant possesses maritime experience
16 sufficient to exempt the applicant from this educational requirement.
17 (2) Have five years of experience as a master or commanding officer of
18 naval vessels or merchant ships including United States Naval Ships or Military
19 Sealift Command ships, ocean tugs, harbor tugs, integrated tug or barge units, or
20 dredge ships.
21 (3) Hold a United States Coast Guard issued license authorizing service as
22 master, steam, or motor vessels of at least one thousand six hundred gross tons upon
23 oceans or near coastal areas and be reasonably expected to be able to eventually
24 comply with federal regulatory requirements specified in 46 CFR Subpart G.
25 (4) Be thirty years of age or older but less than forty-five years of age before
26 being accepted into the apprenticeship program.
27 (5) Complete, and maintain current, ship handling simulator courses and
28 bridge resource management courses and any other industry related courses deemed
29 relevant and necessary.
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1 (6) Have not been convicted of a felony offense involving drugs, personal
2 consumption of alcohol, or crime of truth in the sixty months prior to the date of
3 application.
4 (7) Submit to and pass a drug screen prior to being accepted into the
5 apprenticeship program and agree to participate in a mandatory drug and alcohol
6 testing program, required by 46 CFR 16 and conducted in compliance with 49 CFR
7 40.
8 C. Board of River Port Pilot Commissioners shall require pilotage
9 certification consistent with this Part, including the following:
10 (1) State commissioned river port pilots shall comply with all requirements
11 to maintain current their commission, their required Coast Guard license as provided
12 by Paragraph (B)(3) of this Section, and such other certifications and continuing
13 professional education classes, training, or programs as determined necessary by the
14 board.
15 (2) Commencing on January 1, 2022, every commissioned pilot shall
16 maintain a valid pilot's commission by attending forty hours of continuing
17 professional education classes, programs, and a continuing ship simulator training
18 program, approved by the board, every five years. Classes, programs, and simulator
19 training received prior to January 1, 2022 shall not be counted toward this
20 requirement.
21 (a) The professional education classes and programs required by the board
22 include but are not limited to the following:
23 (a) Electronic ship simulation.
24 (b) Small scale ship simulation.
25 (c) Automatic Radar Plotting Aid training.
26 (d) Emergency ship handling.
27 (e) Bridge resource management training for pilots.
28 (f) Radar certificate renewal.
29 (g) Tractor tug.
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1 (h) Portable pilot system laptop computer training.
2 D. The Board of River Port Pilot Commissioners shall provide the governor,
3 the president of the Senate, and the speaker of the House of Representatives with a
4 report annually of all persons related to pilots or to any public official of the state,
5 whether elected or appointed, by blood or marriage, race, age, and gender who have
6 participated in each apprenticeship program, who are licensed state pilots, and who
7 have applied for state pilot licensure or any apprenticeship program.
8 E. Notwithstanding other provisions of this Part, the board shall not
9 discriminate against an applicant during selection or examination in favor of a person
10 related to a pilot or to any public official of the state, whether elected or appointed,
11 by blood or marriage, or based on race, color, religion, gender, national origin, age,
12 disability, political affiliation, or belief.
13 * * *
14 §1042. Board of steamship pilot examiners; members; appointment; oath of office;
15 powers and duties
16 A. The governor shall appoint, by and with the advice and with consent of
17 the Senate and House of Representatives, three citizens who shall form the Board of
18 Examiners for New Orleans and Baton Rouge Steamship Pilots for the Mississippi
19 River from the port of New Orleans to and including the port of Baton Rouge and
20 intermediate ports. When an examiner vacancy occurs on the board, the board shall
21 make a recommendation to the governor to fill the vacancy. The board shall
22 recommend only those pilots who have served at least five years as an unrestricted
23 Louisiana state commissioned New Orleans and Baton Rouge Steamship Pilot. The
24 examiners shall continue in office until their successors are appointed and qualified.
25 Appointments shall be exclusively made from the pilots commissioned by virtue of
26 this Part. The appointees shall comply with the Louisiana Code of Governmental
27 Ethics and be nominated by the following:
28 (1) One member shall represent the interests of the industry, appointed by
29 the governor, selecting from a list of four nominees submitted to him by the New
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1 Orleans Steamship Association, d/b/a Mississippi River Maritime Association, the
2 Louisiana Association of Business and Industry, the Louisiana Chemical
3 Association, the Louisiana Mid-Continent Oil and Gas Association, and the
4 International Freight Forwarders and Customs Brokers Association of New Orleans,
5 Inc. Each nominating group shall recommend two nominees, and the five
6 nominating groups together shall then select four nominees to be jointly submitted
7 to the governor. No nominee submitted in accordance with this Section shall serve
8 on the Board of Louisiana River Pilot Review and Oversight or the Louisiana
9 Pilotage Fee Commission.
10 (2) The governor shall appoint two members, both residents of this state, one
11 of whom shall be a businessperson of good standing and one a licensed pilot. The
12 businessperson shall be appointed from a list of four nominees jointly submitted by
13 Baton Rouge Area Chamber and Greater New Orleans, Inc. The pilot shall be
14 selected from a list of two pilots to be submitted to the governor by the New Orleans
15 and Baton Rouge Steamship Pilots, which list shall be certified by the secretary of
16 the association as being the nominees of the association. No nominee submitted in
17 accordance with this Section shall serve on the Board of Louisiana Pilot Review and
18 Oversight or the Louisiana Pilot Fee Commission. The governor, in appointing the
19 examiners, shall designate the president of the board. The examiners shall be
20 removable by the governor for cause, and shall qualify by taking an oath of office.
21 B. The examiners shall serve at the pleasure of the governor.
22 C. The board of examiners shall report immediately to the governor all cases
23 of neglect of duty, habitual drunkenness, and gross violations of its rules. The
24 governor shall, thereupon, refer the same for investigation to the board of examiners,
25 the members of which shall sit as investigators and report their findings to the
26 governor, recommending, if justified, a penalty. Whereupon, the governor may
27 remove, suspend, or reprimand in his discretion.
28 D. No pilot association shall impose any custom, rule, bylaw, or charter
29 provision on the board or its authority. Further, any attempt to exercise any authority
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1 over or affecting the board's authority shall be deemed a violation of Chapter 6 of
2 Title 34 of the Louisiana Revised Statutes of 1950 governing pilotage.
3 E. Once a quorum is established, meetings of the board of examiners shall
4 comply with public meeting requirements in accordance with the Open Meetings
5 Law.
6 §1043. Body of pilots; duty; appointments
7 * * *
8 C. Pilots appointed pursuant to this Part shall be duly appointed and
9 commissioned by the governor and shall serve as an agent and public officer as
10 provided by law or until revocation of the appointment or commission by the
11 governor in accordance with this Part.
12 §1044. Appointment of pilots: discontinuation of duties
13 A. Pilots provided for in R.S. 34:1043 shall be appointed by the governor
14 from those pilots who have been recommended to the governor pursuant to the
15 provisions outlined in the board of examiners' rules and regulations to include the
16 following minimum requirements set forth in R.S. 34:1045.
17 B. Pilots shall not discontinue duties without permission. Except for reasons
18 of health, satisfactory evidence of which shall be furnished to the board when
19 requested, no commissioned pilot or apprentice shall cease to act as such or remove
20 himself, at any time, from a duty status without first obtaining the permission of the
21 group of pilots with which associated or of some duly authorized official of that
22 group. No such permitted discontinuance or absence for a period greater than three
23 months shall be valid without additionally obtaining, in advance, the written
24 authorization of the board. Any pilot or apprentice neglecting or refusing to comply
25 with such requirement as to presence and performance of duties may be subject to
26 sanctions imposed by the association and have, respectively, the pilot's commission,
27 appointment, or apprenticeship, as the case may be, either suspended or revoked by
28 board recommendation, depending on the board's judgement and evaluation of the
29 circumstances.
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1 §1045. Examination of pilots; qualifications
2 A. Whenever there exists a necessity for more pilots, as determined by a
3 procedure adopted by the Board of Steamship Pilot Examiners, the board of
4 examiners shall hold examinations, under such rules and regulations, and with such
5 requirements as it may provide, with the governor's approval. No applicant shall be
6 considered by the board unless he submits proper evidence of moral character, is a
7 voter of this state, and complies with all requirements set forth in the board's Pilot
8 Development Program as provided for in Subpart 3 of Part 70 of Title 46, comprised
9 of LAC 46:LXX:6101 et seq. Upon the certification of the board to the governor that
10 the applicant has complied with the provisions of this Part, the governor may, in his
11 discretion, appoint the applicant or applicants to existing vacancies. of this Part.
12 B. Candidates seeking to participate in a pilot apprenticeship program shall
13 meet all of the following minimum requirements:
14 (1) Be a graduate of a maritime academy approved by and conducted under
15 rules prescribed by the Federal Maritime Administrator and listed in 46 CFR Part
16 310.
17 (2) Have five years of experience as a master or commanding officer of
18 naval vessels or merchant ships including United States Naval Ships or Military
19 Sealift Command ships, ocean tugs, harbor tugs, integrated tug or barge units, or
20 dredge ships prior to an apprenticeship program.
21 (3) Hold a United States Coast Guard issued license authorizing service as
22 master, steam, or motor vessels of at least one thousand six hundred gross tons upon
23 oceans or near coastal areas and be reasonably expected to be able to eventually
24 comply with federal regulatory requirements specified in 46 CFR Subpart G.
25 (4) Be thirty years of age or older but less than forty-five years of age before
26 being accepted into the apprenticeship program.
27 (5) Complete, and maintain current, ship handling simulator courses and
28 bridge resource management courses and any other industry related courses deemed
29 relevant and necessary.
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1 (6) Have not been convicted of a felony offense involving drugs, personal
2 consumption of alcohol, or crime of truth in the sixty months prior to the date of
3 application.
4 (7) Submit to and pass a drug screen prior to being accepted into the
5 apprenticeship program and agree to participate in a mandatory drug and alcohol
6 testing program, required by 46 CFR 16 and conducted in compliance with 49 CFR
7 40.
8 C. The Board of Examiners for New Orleans and Baton Rouge Steamship
9 Pilots for the Mississippi River shall require annual pilotage certification consistent
10 with this Part, including the following:
11 (1) State commissioned steamship pilots shall comply with all requirements
12 to maintain current their commission, their required Coast Guard license as provided
13 by Paragraph (B)(3) of this Section, and such other certifications and continuing
14 professional education classes, training, or programs as determined necessary by the
15 board.
16 (2) Commencing on January 1, 2022, every commissioned pilot must
17 maintain a valid pilot's commission by attending forty hours of continuing
18 professional education classes, programs, and a continuing ship simulator training
19 program, approved by the board, every five years. Classes, programs, and simulator
20 training received prior to January 1, 2022 shall not be counted toward this
21 requirement.
22 (3) The professional education classes and programs required by the board
23 include, but are not limited to, the following:
24 (a) Electronic ship simulation.
25 (b) Small scale ship simulation.
26 (c) Automatic Radar Plotting Aid training.
27 (d) Emergency ship handling.
28 (e) Bridge resource management training for pilots.
29 (f) Radar certificate renewal.
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1 (g) Tractor tug.
2 (h) Portable pilot system laptop computer training.
3 D. The Board of Examiners for New Orleans and Baton Rouge Steamship
4 Pilots for the Mississippi River shall provide the governor, the president of the
5 Senate, and the speaker of the House of Representatives with a report annually of all
6 persons related to pilots or any public official of the state, whether elected or
7 appointed, by blood or marriage, race, age, and gender who have participated in each
8 apprenticeship program, who are licensed state pilots, and who have applied for state
9 pilot licensure or any apprenticeship program.
10 E. Notwithstanding other provisions of this Part, the board shall not
11 discriminate against an applicant during selection or examination in favor of a person
12 related to a pilot or any official of the state, whether elected or appointed, to a
13 governing authority by blood or marriage, or based on race, color, religion, gender,
14 national origin, age, disability, political affiliation, or belief.
15 * * *
16 §1122. Fees and charges; adjudication of disputes
17 A.
18 * * *
19 (4) The fee commission shall establish rules that provide definitions for
20 pilotage services pursuant to this Subsection and any other descriptive terms,
21 standards, or terms of art, which shall include but not be limited to bridge hours and
22 time on task, and for annual reporting of pilotage services, including but not limited
23 to, special services, bridge hours, time on task, and for the number of pilots, billable
24 turns, pilot compensation, and all other ordinary and necessary operating and
25 administrative expenses of pilotage, to be recovered from ratepayers through pilotage
26 rates and fees.
27 B.(1) Pilotage fees and rates shall provide for all ordinary and necessary
28 operating and administrative costs and expenses, including but not limited to the cost
29 of, replacement of, and reasonable return on investment of pilot stations,
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1 administrative offices, furniture and fixtures, communication equipment and
2 facilities, vessels, launches and other required vehicles of transportation and the
3 expenses of maintaining and repairing same, other transportation expenses, the
4 expense of maintaining necessary employees, operating materials, consumables and
5 services, pensions, pension plans, hospitalization, disability compensation, taxes and
6 licenses, life insurance, license insurance, trade promotions when requested to
7 participate by industry or any port, required continuing education, legal expense,
8 accounting expense, professional dues, administrative and professional publications,
9 state pilot commissions, state and federal requirements, and fair average annual
10 compensation for a state ship pilot, in comparison to regulated state ship pilotage in
11 other United States ports. All such costs and expenses shall be subject to evaluation
12 in any proceeding before the commission that directly or indirectly seeks or provides
13 for any increase in pilotage fees and rates.
14 * * *
15 C.(1) In determining such fees and rates, the pilotage fee commission may
16 give due regard to, but shall not be limited to:
17 (a)(1) Consideration of the length, draft, dimensions, and tonnage of the
18 vessels to be piloted.
19 (b)(2) The difficulty and inconvenience of the particular service and the skill
20 and additional expertise required to render it.
21 (c)(3) The public interest in maintaining safe, efficient, and reliable pilotage
22 service.
23 (d)(4) The piloting time required; the distance traveled of the vessels to be
24 serviced; the travel time required and distance traveled to and from vessels; the
25 method of travel and travel cost required to and from vessels; the time devoted by
26 pilots to making themselves available when needed; the time required to be on
27 station or on call while both on and off station; the length of time duty requires the
28 pilot's absence away from home; the difficulty of the particular service including
29 working conditions; risk factors of the route; inconvenience and living conditions;
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1 the skill and additional expertise required to render the particular service; the length
2 of the training, experience, or apprenticeship program; and the number of trips the
3 pilot is required to ride light.
4 (e)(5) Any other factor relevant to the determination of reasonable and just
5 fees and rates, including those factors previously considered and determined by the
6 Louisiana Supreme Court, and the national average pilotage cost per mile for state
7 regulated pilots operating in United States ports, and any other charge, collection, or
8 expense levied pursuant to this Section.
9 (2) If any standard for establishing pilotage fees and rates set forth herein is
10 not applicable to a particular pilot service, then it shall not be considered in the
11 determination of fees and rates for such service.
12 * * *
13 §1133. Board of Louisiana River Pilot Review and Oversight; creation; membership
14 * * *
15 G. The members of the board shall serve without compensation. However,
16 the members appointed as former judges shall be entitled to a per diem, not to exceed
17 one hundred fifty dollars the same per diem established by the Louisiana Supreme
18 Court from time to time for appointed ad hoc judges while executing their duties as
19 board members. Additionally, the members who shall be appointed judges shall be
20 entitled to reasonable expenses as approved by the chairman.
21 * * *
22 §1134. Meetings; quorum
23 A. The board shall meet at least twice per year, at a place of their choosing,
24 and at other such times and places as it may determine. Six members of the board
25 shall constitute a quorum. A decision by a vote of a majority of the members of the
26 board present shall constitute the decision of the board.
27 B. The governor shall appoint members and convene the first meeting of the
28 board on or before March 1, 2005.
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1 C. At the first meeting and annually thereafter, the The board shall annually
2 elect a chairman and such other officers of the board as they may determine
3 necessary and appropriate for the administration, implementation, and enforcement
4 of this Part.
5 §1135. Powers; functions; duties; responsibilities
6 * * *
7 B.(1) The board shall review and may approve or reject any proposed rule
8 or regulation that may be adopted by any of the Board of Commissioners or
9 Examiners, except for rules and regulations adopted on an emergency basis. Any
10 rejection by the board shall be within ninety days of submission of the proposed rule
11 or regulation to the board; otherwise, such rule or regulation shall be deemed
12 approved.
13 (2) Notwithstanding any other provision of law, following the adoption of
14 any emergency regulation or rule by the Board of Commissioners or Examiners as
15 defined by R.S. 34:1131, the emergency regulation or rule shall be transmitted by the
16 Board of Commissioners or Examiners immediately to the board and to each member
17 of the board. Within ten days of receipt of the emergency regulation or rule, any
18 individual member of the board may require a meeting of the board by giving notice
19 to the chairman or, in the absence of a chairman, to any other officer of the board for
20 the purpose of holding a meeting to review the emergency regulation or rule for
21 approval or rejection. Any meeting called for consideration of an emergency
22 regulation or rule shall be held within thirty days of the request for a meeting. If the
23 board votes to reject the emergency regulation, or rule, it shall be nullified and of no
24 effect. An emergency regulation or rule review conducted by the board pursuant to
25 the provisions of this Paragraph shall be in addition to R.S. 49:953(B) of the
26 Administrative Procedure Act concerning emergency regulations or rules. If there
27 is any conflict between this Paragraph and R.S. 49:953(B), this provision shall
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1 control with regard to the Board of Commissioners or Examiners' emergency
2 regulations or rules.
3 * * *
4 §1139. Prudent and safe pilotage
5 The boards of commissioners or examiners are established for the purposes
6 of prudent and safe pilotage. The pilot members of the Board of Commissioners or
7 Examiners in their deliberations and decisions shall consider the purpose and high
8 standard of prudent and safe pilotage, and in their fiduciary capacity as
9 commissioners or examiners, they shall act independently of the pilots they regulate
10 and independently of any association of pilots. Any effort by pilots or any
11 association of pilots to control or influence the decisions of commissioners or
12 examiners shall be a violation of law.
13 §1140. No impingement
14 A. A pilot association, partnership, corporation, or limited liability company
15 shall not create any provision which impinges upon or diminishes the authority or
16 duties of the Board of Commissioners or Examiners.
17 Section 2. R.S. 34:1005 is hereby repealed in its entirety.
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 650 Engrossed 2021 Regular Session Pressly
Abstract: Makes changes to the regulation of river port pilots and steamship pilots.
River Port Pilots
Present law creates the Board of River Port Pilot Commissioners and requires gubernatorial
appointment of the members and Senate confirmation of the appointments.
Proposed law retains present law and adds that confirmation shall also be by the House of
Representatives.
Present law requires appointees to hold a commission as a river port pilot and requires such
commission to have been active for at least 4 years.
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HB NO. 650
Proposed law repeals present law and requires one member to be the commander of the U.S.
Coast Guard Atlantic Area, 8
th
District, or his designee.
Proposed law requires that the governor appoint two members, one who is a businessperson
of good standing and one who is a licensed pilot. Proposed law requires the businessperson
be selected from four nominees jointly submitted by the Baton Rouge Area Chamber and
Greater New Orleans, Inc. Proposed law requires the pilot be selected from a list of two
pilots nominated by the association of river port pilots.
Proposed law prohibits nominees from serving on the Board of Louisiana River Pilot Review
and Oversight or the Louisiana Pilotage Fee Commission.
Present law requires the governor to designate the president of the board, requires the
commissioners to serve at the pleasure of the governor, and requires the board member to
take an oath to perform their duties faithfully.
Proposed law retains present law.
In accordance with present law, the board shall:
(1)Make rules establishing qualifications, providing for the examination and approval
of apprenticeship programs, and to administer examinations of river port pilots.
(2)Meet quarterly.
(3)Make rules establishing minimum standards of conduct including neglect of duty,
drunkenness, carelessness, habitual intemperance, substance abuse, and
incompentency, and other rules for proper and safe pilotage on waters covered under
present law and for the efficient administration of present law.
(4)Conduct hearings and investigate violations of provisions of present law or rules or
regulations adopted by the commissioners, and to report findings to the governor if
the board requests gubernatorial action.
(5)Have the authority to impose fines, remove a pilot from a vessel, or recommend
suspension or revocation of a pilot's commission.
(6)Provide to all pilots and pilot candidates rules and regulations.
Proposed law retains present law but amends the provisions requiring the board to establish
minimum standards of conduct to require the board to make rules establishing standards of
conduct consistent with present and proposed law.
Proposed law prohibits pilot associations from superseding the board's authority.
Proposed law requires meetings of the board to comply with the Open Meetings Law.
Present law requires pilots to be appointed by the governor and serve until revocation of the
appointment in accordance with present law.
Proposed law retains present law and makes pilots agents an public officers. Further,
proposed law adds that revocation can be done pursuant to the rules and regulations adopted
by the board.
Proposed law prohibits a pilot from discontinuing his duties without permission from the
pilot's association to which he belongs, except for health reasons provided he furnishes proof
to the board if requested.
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HB NO. 650
Present law requires the board to hold examinations when it is determined necessary by the
river port pilots.
Proposed law retains present law but requires the board to determine when there is a need
for more pilots and then hold examinations.
Proposed law sets forth the following criteria for participation in the pilot apprenticeship
program required under present law for commission:
(1)A graduate of a federally approved maritime academy.
(2)Have 5 years of experience as a master or commanding officer of a naval vessel or
merchant ship.
(3)Hold a U.S. Coast Guard license.
(4)Be under 45 but at least 30 years of age.
(5)Complete and maintain ship handling simulator courses and bridge resource
management courses.
(6)Have not been convicted of a felony involving drugs, personal consumption of
alcohol, or a crime of truth in the 60 months preceding application.
(7)Pass a drug test before acceptance into the program and agree to participate in a
mandatory drug an alcohol program upon acceptance.
Proposed law sets forth the board's requirements for pilotage certification as follows:
(1)A commissioned pilot shall comply with the requirements to maintain their
commission.
(2)Beginning on Jan. 1, 2022, a commissioned pilot must maintain a valid commission
by attending 40 hours of continuing education classes that must meet certain criteria.
Proposed law requires the commissioners to provide the governor, speaker of the House, and
president of the Senate with an annual report of the race, age, and gender of all
apprenticeship participants who are related to pilots or other public official by blood or
marriage.
Proposed law prohibits the board from discriminating against an applicant during the
selection or examination process in favor of a person related to a pilot or other public
official, or based on race, color, religion, gender, national origin, age, disability, political
affiliation, or belief.
Present law makes all communications by and between the board and a pilot during the
course of an investigation privileged and not required to be disclosed in any original
proceedings in accordance with present law and pursuant to reporting requirements to the
governor.
Proposed law repeals present law.
Steamship Pilots
Present law creates the Board of Examiners for New Orleans and Baton Rouge Steamship
Pilots for the Mississippi River and requires gubernatorial appointment of the members and
Senate confirmation of the appointments.
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HB NO. 650
Proposed law retains present law and adds that confirmation shall also be by the House of
Representatives.
Present law requires the board to recommend appointees to fill an examiner vacancy and
requires the recommended appointee to have served at least 5 years as an unrestricted state
commissioned steamship pilot. Present law further requires examiners to continue in their
office until the successor is appointed and requires the appointees to only be from pilots
commissioned by virtue of present law.
Proposed law repeals present law and requires the appointees to comply with the La. Code
of Ethics.
Proposed law requires one member to be appointed by the governor from a list of 4
nominees selected by the New Orleans Steamship Association, Louisiana Association of
Business and Industry, the Louisiana Chemical Association, the Louisiana Mid-Continent
Oil and Gas Association, and the International Freight Forwarders and customs Brokers
Association of New Orleans, Inc.
Proposed law requires that the governor appoint two members, one who is a businessperson
of good standing and one who is a licensed pilot. Proposed law requires the businessperson
be selected from four nominees jointly submitted by the Baton Rouge Area Chamber and
Greater New Orleans, Inc. Proposed law requires the pilot be selected from a list of two
pilots nominated by the association of river port pilots.
Proposed law prohibits nominees from serving on the Board of Louisiana River Pilot Review
and Oversight or the Louisiana Pilotage Fee Commission.
Present law requires the governor to designate the president of the board.
Proposed law retains present law and requires the examiners to serve at the pleasure of the
governor.
Present law requires the board to immediately report to the governor all cases of neglect of
duty, habitual drunkeness, and gross violations of rules. Proposed law further provides that
the governor shall then refer the cases for investigation to the board.
Proposed law retains present law.
Proposed law prohibits pilot associations from superseding the board's authority.
Proposed law requires meetings of the board to comply with the Open Meetings Law.
Present law requires pilots to be appointed by the governor and serve until revocation of the
appointment in accordance with present law.
Proposed law retains present law and makes pilots agents an public officers. Further,
proposed law adds that revocation can be done pursuant to the rules and regulations adopted
by the board.
Present law requires pilots provided for in present law to be appointed by the governor from
those pilots recommended to the governor pursuant to provisions outlined in the board's rules
and regulations.
Proposed law retains present law and requires the pilots to also be recommended pursuant
to provisions outlined in proposed law.
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HB NO. 650
Proposed law prohibits a pilot from discontinuing his duties without permission from the
pilot's association to which he belongs, except for health reasons provided he furnishes proof
to the board if requested.
Present law requires the board to hold examinations when it is determined necessary.
Proposed law retains present law but requires the board to determine when there is a need
for more pilots.
Present law requires applicants to meet the requirements set forth in the board's Pilot
Development Program and authorizes the governor to appoint applicant who has complied
with present law to fill existing vacancies.
Proposed law repeals present law.
Proposed law sets forth the following criteria for participation in a pilot apprenticeship
program:
(1)A graduate of a federally approved maritime academy.
(2)Have 5 years of experience as a master or commanding officer of a naval vessel or
merchant ship.
(3)Hold a U.S. Coast Guard license.
(4)Be under 45 but at least 30 years of age.
(5)Complete and maintain ship handling simulator courses and bridge resource
management courses.
(6)Have not been convicted of a felony involving drugs, personal consumption of
alcohol, or a crime of truth in the 60 months preceding application.
(7)Pass a drug test before acceptance into the program and agree to participate in a
mandatory drug an alcohol program upon acceptance.
Proposed law sets forth the board's requirements for pilotage certification as follows:
(1)A commissioned pilot shall comply with the requirements to maintain their
commission.
(2)Beginning on Jan. 1, 2022, a commissioned pilot must maintain a valid commission
by attending 40 hours of continuing education classes that must meet certain criteria.
Proposed law requires the board of examiners to provide the governor, speaker of the House,
and president of the Senate with an annual report of the race, age, and gender of all
apprenticeship participants who are related to pilots or other public official by blood or
marriage.
Proposed law prohibits the board from discriminating against an applicant during the
selection or examination process in favor of a person related to a pilot or other public
official, or based on race, color, religion, gender, national origin, age, disability, political
affiliation, or belief.
Proposed law requires the fee commission to establish rules that provide definitions for
pilotage services pursuant to present law.
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HB NO. 650
Present law requires pilotage fees and rates to provide for ordinary and necessary operating
expenses.
Proposed law retains present law and requires all such costs to be subject to evaluation in
any proceeding before the commission that seeks or provides for any increase in pilotage
fees and rates.
Present law allows the pilotage fee commission to take into account any factor relevant to
the determination of reasonable and just fees and rates.
Proposed law retains present law and allows the commission to take into account any other
charge, collection, or expense levied pursuant to this section.
Present law prohibits standards that are not applicable to a particular pilot service from being
considered in the determination of fees and rates for such service.
Board of Louisiana River Pilot Review and Oversight
Present law requires members of the board to serve without compensation, but allows
member appointed as former judges to get per diem of not more than $150.
Proposed law retains present law but changes the per diem amount from not more than $150
to the same amount established by the Louisiana Supreme Court from time to time for ad hoc
judges.
Present law requires the board to meet twice a year and requires six members of the board
to be present to have a quorum. Present law further requires a vote of a majority of the
members of the board to make a decision of the board.
Proposed law retains present law but changes the vote needed to make a decision of the
board from a majority of the members of the board to a majority of the members of the board
present.
Present law requires the first meeting of the board to convene on or before March 1, 2005.
Proposed law repeals present law.
Present law authorizes the board to approve or reject proposed rules or regulations made by
the Board of Commissioners or Examiners except for emergency rules and regulations.
Proposed law retains present law but changes the requirement to make emergency rules and
regulations subject to board approval by requiring the Board of Commissioners or Examiners
to transmit emergency rules and regulations to the board and to each member of the board
and allows a board member to request a hearing for the purpose of rejecting or approving the
rule or regulation by giving notice to the chairman of the board or an officer of the board in
the absence of the chairman.
Proposed law further requires a meeting requested to consider an emergency regulation or
rule be held within 30 days of the request for the meeting. A vote to reject an emergency
regulation or rule shall make it null and of no effect.
Proposed law requires that a review of an emergency rule conducted pursuant to proposed
law be in addition to present law as set forth in the Administrative Procedure Act, and makes
proposed law control with regard to the emergency rules promulgated by the Board of
Commissioners or Examiners where there is a conflict between proposed law and present
law as set forth in the Administrative Procedure Act.
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HB NO. 650
Proposed law sets forth that the boards of commissioners or examiners are established for
the purposes of prudent and safe pilotage and requires the pilot members of the Board of
Commissioners or Examiners to consider the purpose of prudent in safe pilotage in their
decisions and deliberations.
Proposed law requires the pilot members of the Board of Commissioners or Examiners to
act independently of the pilots they regulate and to act independently of any pilots'
association. Any effort to control or influence the decisions of commissioners or examiners
is a violation of law.
Proposed law prohibits a pilot association, partnership, corporation, or limited liability
company from creating a provision which impinges on or diminishes the authority or duties
of the Board of Commissioners or Examiners.
Proposed law repeals present law.
(Amends R.S. 34:991, 992(B), 993, 1042, 1044, 1045, and 1122(B)(1) and (C), 1133(G),
1134, and 1135(B); Adds R.S. 34:992(C), 1043(C), and 1122(A)(4), 1139, and 1140;
Repeals R.S. 34:1005)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
2. Remove a provision that requires one member of the Board of River Port Pilot
Commissioners for the Port of Orleans to be chosen from a list of 4 nominees
submitted by the New Orleans Steamship Association, the Louisiana Association
of Business and Industry, the Louisiana Chemical Association, the Louisiana
Mid-Continent Oil and Gas Association, and the International Freight Forwarders
and Customs brokers Association of New Orleans, Inc and prohibits the nominee
from serving on the Board of Louisiana River Pilot Review and Oversight or the
Louisiana Pilotage Fee Commission.
3. Add a provision that requires one member of the Board of River Port Pilot
Commissioners for the Port of Orleans to be the commander of the U.S. Coast
Guard Atlantic Area, 8
th
district or his designee.
4. Add a provision that changes the per diem amount for the Board of Louisiana
River Pilot Review and Oversight from an amount not to exceed $150 to the
same per diem established by the Louisiana Supreme Court from time to time for
ad hoc judges.
5. Add a provision that makes decisions of the board final if voted on by a majority
of the board members present.
6. Make changes to the regulation regarding the emergency rulemaking process of
the Board of Commissioners or Examiners and requires the Board of
Commissioners or Examiners to transmit emergency rules to the board and to
each member of the board, allow 10 days for a member to call a meeting to
review the rule, and hold a requested meeting within 30 days of the request.
7. Add a provision that sets forth the purpose of the boards of commissioners or
examiners for prudent and safe pilotage and requires the pilot members of the
Board of Commissioners or Examiners to consider the purpose of prudent and
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HB NO. 650
safe pilotage, act independently of the pilots they regulate, and act independently
of any association of pilots.
8. Add that any effort by pilots or a pilots' association to influence or control the
decisions of a commissioner or examiner is a violation of the law.
9. Prohibit a pilot association, partnership, corporation, or limited liability company
from creating a provision that impinges on or diminishes the authority or duties
of the Board of Commissioners or Examiners.
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