Louisiana HB 864: PILOTS: Provides relative to the Board of Louisiana River Pilot Review and Oversight

Bill Text

ENROLLED
ACT No. 396
2022 Regular Session
HOUSE BILL NO. 864
BY REPRESENTATIVES DAVIS, CARRIER, CREWS, DUBUISSON, GREEN,
HORTON, KERNER, LANDRY, LARVADAIN, LYONS, MARINO, MCKNIGHT,
NEWELL, PIERRE, SCHAMERHORN, SEABAUGH, SELDERS, ST. BLANC,
STAGNI, WHEAT, AND WRIGHT AND SENATOR WARD
1 AN ACT
2 To amend and reenact R.S. 34:1133(B), (C)(7), and (G), 1134(A), and 1135(B) and to enact
3 R.S. 34:1136(D), relative to the Board of Louisiana River Pilot Review and
4 Oversight; to provide for the membership of the board; to provide for per diem for
5 the judge member; to provide for a procedure regarding review of proposed rules;
6 to provide for board funds; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 34:1133(B), (C)(7), and (G), 1134(A), and 1135(B) are hereby
9 amended and reenacted and R.S. 34:1136(D) is hereby enacted to read as follows:
10 §1133. Board of Louisiana River Pilot Review and Oversight; creation; membership
11 * * *
12 B. The board shall be composed of eleven nine members appointed by the
13 governor, all of whom shall be United States citizens, registered voters, and
14 domiciled in Louisiana for not less than five years. Any vacancy on the board shall
15 be filled in the same manner as the initial appointment for that seat on the board was
16 made.
17 C. The governor shall appoint the members as follows:
18 * * *
19 (7) Three One former judges judge who served on the Louisiana Supreme
20 Court, a Louisiana appellate court, or a Louisiana district court.
21 * * *
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HB NO. 864 ENROLLED
1 G. The members of the board shall serve without compensation. However,
2 the members member appointed as a former judges judge shall be entitled to a per
3 diem, not to exceed one hundred fifty dollars the same per diem established by the
4 Louisiana Supreme Court as if the former judge was appointed as a judge pro
5 tempore or judge ad hoc while executing their his duties as a board members
6 member. Additionally, the members who shall be appointed judges shall be entitled
7 to reasonable expenses as approved by the chairman.
8 * * *
9 §1134. Meetings; quorum
10 A. The board shall meet at least twice per year, at a place of their its
11 choosing, and at other such times and places as it may determine. Six Five members
12 of the board shall constitute a quorum. A decision by a vote of a majority of the
13 members of the board present shall constitute the decision of the board.
14 * * *
15 §1135. Powers; functions; duties; responsibilities
16 * * *
17 B.(1) The board shall review and may approve or reject any proposed rule
18 or regulation that may be adopted by any of the Board of Commissioners or
19 Examiners, except for rules and regulations adopted on an emergency basis. Any
20 rejection by the board shall be within ninety days of submission of the proposed rule
21 or regulation to the board; otherwise, such rule or regulation shall be deemed
22 approved. Prior to initiating rule promulgation pursuant to the Administrative
23 Procedure Act, R.S. 49:950 et seq., the Board of Commissioners or Examiners shall
24 submit any proposed rule or regulation to the board for review, and the board shall
25 review such rule or regulation within ninety days. If the board approves the
26 proposed rule or regulation, the board shall issue an affirmative decision. The
27 board's failure to issue a decision shall be deemed to be an approval. In the case of
28 a rejection of the rule or regulation, the Board of Commissioners or Examiners may
29 seek judicial review, as authorized by R.S. 34:1138. If the Board of Commissioners
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1 or Examiners initiates rule promulgation pursuant to this Part, the Board of
2 Commissioners or Examiners shall submit the decision of the board as a part of and
3 published with its notice of intent. The board shall promulgate rules consistent with
4 and as necessary to effectuate the provisions of this Paragraph.
5 (2) Notwithstanding any other provision of law, following the adoption of
6 any emergency regulation or rule by the Board of Commissioners or Examiners as
7 defined in R.S. 34:1131(2), the emergency regulation or rule shall be transmitted by
8 the Board of Commissioners or Examiners immediately to the board and to each
9 member of the board. Any individual member of the board within ten days of receipt
10 of the emergency regulation or rule may request a meeting of the board by giving
11 notice to the chairman or, in the absence of a chairman, to any other officer of the
12 board for the purpose of holding a meeting to review the emergency regulation or
13 rule for approval or rejection. Any meeting called for consideration of an emergency
14 regulation or rule shall be held within thirty day