SLS 10RS-187 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 221
BY SENATOR APPEL
COMMERCIAL REGULATIONS. Prohibits a political subdivision from assessing or
charging nonresidents a different rate or fee than residents. (8/15/10)
AN ACT1
To enact Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 33:9661, relative to political subdivisions; to prohibit a political subdivision3
from assessing or charging nonresidents a higher rate or fee than residents; to4
provide for enforcement; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950,7
comprised of R.S. 33:9661, is hereby enacted to read as follows:8
CHAPTER 46. MISCELLANEOUS 9
ยง9661. Unfair acts or practices by political subdivisions10
A. No political subdivision shall charge or assess a rate or fee to any11
person or legal entity that resides or is registered, organized, or located in12
Louisiana but not within the political subdivision's jurisdiction higher than it13
charges or assesses to a person or legal entity that resides or is registered,14
organized, or located within the jurisdiction of the political subdivision for the15
same good or service.16
B. No political subdivision shall base a rate or fee for a good or service17 SB NO. 221
SLS 10RS-187 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
at a higher amount for any person or legal entity that resides, is registered,1
organized, or located in Louisiana, but not within the political subdivision's2
jurisdiction than it bases such rate or fee for any person or legal entity that3
resides, is registered, organized, or located within its jurisdiction.4
C. Acts prohibited by this Section shall include charges or assessments5
by a political subdivision for the rental of its assets as well as charges for6
licences, fees, permits, and services.7
D.(1) Whenever the attorney general has reason to believe that any8
political subdivision is using, or is about to use any method or practice9
prohibited by this Section, he may bring an action for injunctive relief in the10
name of the state against such political subdivision in district court.11
(2) The district court is authorized to issue temporary restraining orders12
or preliminary and permanent injunctions to restrain and enjoin violations of13
this Section.14
(3) In addition, the attorney general may request and the court may15
award the following:16
(a) Restitution for the aggrieved person or legal entity in an amount17
equivalent to the overcharging, plus interest.18
(b) Costs incurred by the attorney general's office in pursuing the19
matter.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
Proposed law prohibits a political subdivision from charging or assessing a higher rate or fee
to a nonresident person or legal entity than it charges a resident for the same goods or
services.
Proposed law prohibits a political subdivision from basing a fee for a good or service at a
higher amount for a nonresident person or legal entity than it bases such fee for a resident.
Proposed law provides that prohibited acts include rates or fees charged for the rental of
assets of the political subdivision as well as charges for licences, fees, permits and services. SB NO. 221
SLS 10RS-187 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides for enforcement by the attorney general's office. Authorizes the
attorney general to request, and the district court to grant injunctive relief, restitution and
costs.
Effective August 15, 2010.
(Adds R.S. 33:9661)