SLS 10RS-1819 ORIGINAL Page 1 of 16 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. 771 BY SENATOR CHAISSON MOTOR CARRIERS. Provides for the regulation of motor carriers. (8/15/10) AN ACT1 To amend and reenact R.S. 32:1526 and R.S. 45:161, 162, 163, 164, 167, 169, and 169:1,2 relative to the regulation of motor carriers; to provide relative to the Unified Carrier3 Registration Agreement; to provide for the regulation of interstate and intrastate4 motor carriers; to provide for funds; to provide for the powers, duties, and functions5 of the state and its agencies in the regulation of motor carriers; and to provide for6 related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 32:1526 is hereby amended and reenacted to read as follows: 9 §1526. Unified Carrier Registration Agreement; enforcement; disposition of money10 collected; Unified Carrier Registration Agreement Fund11 A. Notwithstanding any other law to the contrary, the Department of Public12 Safety and Corrections shall be the state agency which shall administer and enforce13 the Unified Carrier Registration Agreement through its office of motor vehicles,14 office of state police, and such other offices, sections, or divisions as the secretary15 deems necessary, in accordance with the rules and regulations promulgated by the16 board of directors of the Unified Carrier Registration Plan, all as provided for in the17 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 2 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Unified Carrier Registration Act of 2005, 49 U.S.C. 14504a et seq. The department1 shall be identified to the secretary of the United States Department of Transportation2 as the state agency that has the legal authority, resources, and qualified personnel3 necessary to administer and enforce such act and such rules and regulations as4 provided for in 49 U.S.C. 14504a(e)(1)(A). The secretary of the Department of5 Public Safety and Corrections, subject to the oversight of the House and Senate6 committees on transportation, highways and public works, shall adopt and7 promulgate rules and regulations in accordance with the Administrative Procedure8 Act necessary to implement the provisions of this Section.9 B.(1) All revenue collected by or distributed to the department under the10 Unified Carrier Registration Agreement shall be deposited upon receipt into the state11 treasury. Out of the funds remaining in the Bond Security and Redemption Fund12 after a sufficient amount is allocated from that fund to pay all obligations secured by13 the full faith and credit of the state that become due and payable during a fiscal year14 as provided for in Article VII, Section 9(B) of the Constitution of Louisiana, the15 treasurer shall each fiscal year deposit into a special fund hereby created in the state16 treasury, to be known as the "Unified Carrier Registration Agreement Fund", an17 amount equal to the total amount received by the treasurer pursuant to this18 Subsection.19 (2) All unexpended and unencumbered money in the fund at the end of a20 fiscal year shall remain in the fund and shall be available for use in the next fiscal21 year as provided for in this Subsection. Money in the fund shall be invested as22 provided by law, and any interest earned on such investments shall be credited to the23 fund after compliance with the provisions of Article VII, Section 9(B) of the24 Constitution of Louisiana.25 (3) The money in the fund shall be used each fiscal year solely and26 exclusively by the department, except as provided for in Paragraph (2) of this27 Subsection, for motor carrier safety programs, enforcement, or the administration of28 the Unified Carrier Registration Plan and the Unified Carrier Registration Agreement29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 3 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. as required by the Unified Carrier Registration Act of 2005.1 Section 2. R.S. 45:161, 162, 163, 164, 167, 169, and 169.1 are hereby amended and2 reenacted to read as follows:3 §161. Declaration of policy4 The business of operating motor vehicles intrastate for hire as common or5 contract carriers of persons or household goods, waste, or any other classification of6 carriers, other than a contract carrier by bus, created by law for compensation upon7 the public highways and bridges of this state is a business affected with a public8 interest.9 §162. Definitions10 The following words and phrases when used in this Chapter shall have the11 meanings ascribed to them in this Section except where a different meaning is12 expressly stated or clearly indicated by the context .:13 (1) "Car pool" means a mode of transportation provided in any motor vehicle14 that is a private passenger automobile or station wagon, which has a seating capacity15 of not more than nine persons, including the driver, and in which the transportation16 is incidental to the purpose of the driver.17 (2) "Certificate" means a certificate of public convenience and necessity18 issued to intrastate transporters of household goods or waste, which shall not include19 transporters of salt water utilized in oil well exploration or production, by motor20 vehicle, and intrastate transporters of passengers by motor vehicle, other than21 contract carriers by bus, under R.S. 45:161 through 172.22 (3) "Commission" means the Louisiana Public Service Commission.23 (4) "Commissioner" means one of the members of the Louisiana Public24 Service Ccommission.25 (5)(a) "Common carrier by motor vehicle" means any person, other than a26 contract carrier by bus, the essential nature of whose business comprises engaging27 in, soliciting, or accepting household goods, passengers, or waste, for intrastate28 transportation for hire, charge, or compensation as an employment or holding29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 4 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. himself out as so available to the public generally and indiscriminately for such1 business, whether or not the business is conducted over a regular route, between2 fixed termini, within a defined area, or upon a regular or irregular schedule.3 (b) There shall be two main classes of common carriers: "common carriers4 of commodities over regular routes"; and "common carriers of special commodities5 over irregular routes".6 (c) "Common carriers of special commodities over irregular routes" means7 any person, as a common carrier, transporting commodities intrastate which require8 special equipment, service, or handling over irregular routes and not between fixed9 termini.10 (d) All certificates of public convenience and necessity now issued and11 validly outstanding for common carriers defined herein shall continue in full force12 and effect until the further orders of the commission. Those portions of certificates13 of public convenience and necessity issued and validly outstanding prior to January14 1, 1995, which are subject to the preemption as provided by Section 601 of the15 Federal Aviation Administration Act of 1994 are null and void and shall have no16 continuing value.17 (e) Any person, other than a contract carrier by bus, who, with or without18 specific contracts, furnishes such transportation to more than five separate shippers19 of property or more than five passengers shall be prima facie held to be a common20 carrier and the burden shall rest upon him to show by a clear preponderance and to21 the satisfaction of the commission that the character of his operations is not that of22 a common carrier.23 (f) This Paragraph shall not apply to the business of any person conducted24 mainly within the corporate limits of one incorporated municipality but within a25 radius of seven miles of the corporate limits of the incorporated municipality but26 this exemption shall not apply to motor carriers of passengers operating beyond the27 limits of the parish of their domicile unless the major portion of such carrier's28 operations are conducted within the corporate limits of one municipality.29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 5 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (g) This definition shall not include a bus or passenger coach or passenger1 carrying trailer or semitrailer operated wholly within the corporate limits of a n2 incorporated municipality or parish and also operated within seven miles of the3 corporate limits thereof, pursuant to a franchise granted by the municipality or4 parish.5 (6) "Contract" as used in this Section means any arrangement, agreement, or6 understanding covering or contemplating the intrastate transportation of household7 goods, passengers, or waste for hire, charge, compensation, or for any benefit8 amounting to a consideration, and such arrangement, agreement, or understanding9 shall be considered a contract within the meaning of this Paragraph if it contemplates10 a reasonably large and regular or periodic movement for a particular party or parties,11 for a period of time exhibiting some permanence to the arrangement, agreement, or12 understanding.13 (7) "Contract carrier by bus" means any person transporting persons intrastate14 for hire, charge, or compensation over any highway of this state using a bus as15 defined in R.S. 32:1(5), wherein such bus is designed to carry sixteen or more16 persons.17 (8) "Contract carrier by motor vehicle" means any person not included under18 Paragraph (5) of this Section, who under special and individual contracts or19 agreements, and whether directly or by other arrangement, transports household20 goods, passengers, or waste by vehicle intrastate for compensation or hire, where in21 the course of the transportation a highway between two or more incorporated22 municipalities is traversed.23 (9) "Department" means the Department of Highways Transportation and24 Development.25 (10) "Highway" includes every way or place of whatever kind open to the use26 of the public for the purpose of vehicular traffic.27 (11) "Household goods" means:28 (a) Personal effects and property used or to be used in a dwelling when the29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 6 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. personal effects and property are a part of the equipment or supply of such dwelling.1 (b) Furniture, fixtures, equipment, and the property of stores, offices,2 museums, institutions, hospitals, or other establishments when a part of the stock,3 equipment, or supply of such establishments.4 (c) Articles, including objects of art, displays, and exhibits, which, because5 of their unusual nature or value, require specialized handling and equipment usually6 employed in moving household goods.7 (12) "Limousine service" means a nonscheduled charter passenger service8 using vehicles which meet manufacturer's specifications for no more than fifteen9 passengers.10 (13) "Motor carriers" include both a common carrier by motor vehicle and11 contract carrier by motor vehicle, which transport household goods, passengers,12 waste intrastate, or any other classification of carriers created by law which13 transports household goods, passengers, or waste intrastate for compensation or hire.14 "Motor carriers" shall include tow trucks. "Motor carriers" shall not include contract15 carriers by bus; however, for purposes of R.S. 45:173 and 1177 only, a contract16 carrier by bus shall be considered a "motor carrier" subject to the control and17 jurisdiction of the Public Service Ccommission.18 (14) "Permit" means the permission issued under the terms of R.S. 45:16119 through 45:172, to contract carriers by motor vehicle.20 (15) "Person" includes a body of persons, whether incorporated or not.21 (16) "Private carrier" when used in this Chapter means any person not22 included in the term "common carrier by motor vehicle" or "contract carrier by motor23 vehicle" transporting in intrastate commerce by motor vehicle property of which24 such person is the owner, lessee, or bailee when such transportation is for the25 purpose of sale, lease, rent, or bailment, or in furtherance of any commercial26 enterprise.27 (17) "Suburban territory" means territory wholly within the state which28 extends not more than seven miles beyond the corporate limits of any municipality29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 7 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. in this state.1 (18) "Van pool" means a mode of transportation provided in any motor2 vehicle that is a passenger van, that has a seating capacity of not less than seven nor3 more than fifteen persons, including the driver, and in which the transportation is4 incidental to the purpose of the driver.5 (19) "Vehicle" means every device by which any person or property is6 transported upon the highways of this state, except devices moved by animal power7 or exclusively upon stationary rails or tracks.8 (20) "Waste" means:9 (a) "Non-hazardous oilfield wastes" means waste defined as non-hazardous10 oilfield wastes by R.S. 30:1 et seq. and regulations adopted pursuant thereto disposed11 of at facilities not owned or operated by said transporters.12 (b) "Non-hazardous industrial solid waste" means waste defined as13 non-hazardous industrial solid waste by the Louisiana Environmental Quality Act,14 R.S. 30:2001 et seq. and Solid Waste Regulations adopted pursuant thereto15 (Environmental Regulator Code 33:VIII.101 et seq.), disposed of at facilities not16 owned or operated by said transporters.17 (c) "Hazardous waste" means waste defined as hazardous by the Louisiana18 Environmental Quality Act, R.S. 30:2001 et seq., and the hazardous waste19 regulations adopted pursuant thereto (Environmental Regulator Code 33:V.101 et20 seq.), disposed of at facilities not owned or operated by said transporters.21 §163. Powers of commission; rates; insurance policies or bonds22 A. The commission has the power and authority necessary to supervise,23 govern, regulate, and control motor carriers, other than a contract carrier by bus,24 which transport household goods, passengers, or waste intrastate and to fix25 reasonable and just rates, fares, tolls, or charges for the commodities furnished or26 services rendered by such motor carriers. The commission shall prescribe rules and27 regulations governing the operation of contract carriers in competition with common28 carriers, and prescribe minimum rates, fares, and charges to be collected by such29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 8 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. carriers.1 B. The power, authority, and duties of the commission shall include all2 matters connected with the service to be given or rendered, the records to be kept by3 motor carriers, and except as otherwise provided, the power to adopt and enforce4 such reasonable rules, regulations, and modes of procedure as it may deem proper5 for the discharge of its duties, to summon and compel the attendance of witnesses,6 to swear witnesses, to compel the production of books and papers, to take testimony7 under commission and punish for contempt as fully as is provided for by law by the8 district courts, and to prescribe and require the furnishing and filing of tariffs and9 schedules.10 C.(1) The commission shall be charged with the duty of policing and11 enforcing the provisions of R.S. 45:161 through R.S. 45:178. Its duly appointed12 officers shall have authority to make arrest for violations of any of the provisions of13 R.S. 45:161 through 45:178, orders, decisions, rules and regulations of the14 commission, or any part or portion thereof, and to serve any notice, order or15 subpoena issued by any court, the commission, its secretary or any employee16 authorized to issue same, and to this end shall have full authority throughout the17 state.18 (2) Such officers upon reasonable belief that any motor vehicle is being19 operated in violation of any provisions of R.S. 45:161 through R.S. 45:178, shall be20 authorized to require the driver thereof to stop and exhibit the registration certificate21 issued for such vehicle, to submit to such officers for inspection any and all bills of22 lading, waybills, invoices or other evidences of the character of the lading being23 transported in such vehicle and to permit such officer to inspect the contents of such24 vehicle for the purpose of comparing same with bills of lading, waybills, invoices or25 other evidence of ownership or of transportation for compensation.26 (3) It shall be the further duty of such enforcement officers to impound any27 books, papers, bills of lading, waybills, and invoices that would indicate the28 transportation service being performed is in violation of R.S. 45:161 through R.S.29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 9 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 45:178, subject to the further orders of the commission.1 (4) These officers shall also have the above authority with respect to anyone2 who procures, aids, or abets any motor carrier in violation of R.S. 45:161 through3 R.S. 45:178 or in his failure to obey, observe or comply with R.S. 45:161 through4 R.S. 45:178, or any such order, decision, rule, regulation, direction or requirement5 of the commission or any part or portion thereof.6 (5) For the purposes of this Section, the terms "officers", "duly appointed7 officers", and "enforcement officers" mean full-time employees of the commission8 who serve as enforcement officers for the commission.9 (6)(a) Each enforcement officer shall comply with the requirements of R.S.10 40:2405 which apply to full-time law enforcement officers prior to carrying weapons11 in the course and scope of their duties as Public Service Ccommission Eenforcement12 Oofficers. Enforcement officers shall be qualified annually in the use of firearms by13 the Council on Peace Officer Standards and Training.14 (b) Enforcement officers are specifically authorized to attend any school or15 training course which is operated by a commercial entity, or which is operated by a16 public agency and which is open to peace officers from more than one law17 enforcement agency. Each person or agency operating a school or a training course18 which is attended by enforcement officers shall award the appropriate document or19 documents to each enforcement officer who successfully completes the requirements20 for certification, or for qualification, or for both.21 (c) The Louisiana Commission on Law Enforcement and the Council on22 Peace Officer Standards and Training shall make the provisions which are necessary23 to enable enforcement officers to attend the required schools and training courses and24 for those enforcement officers who successfully complete the requirements for25 certification, or for qualification, or for both, to receive the appropriate documents26 to demonstrate the certification, or the qualification, or both.27 (d) The Public Service Ccommission shall pay the cost of providing to each28 enforcement agent the training necessary to meet the requirements of this Paragraph.29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 10 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (7)(a) The commission shall issue a peace officer's commission to each1 enforcement officer who meets the requirements of this Subsection. The authority2 granted by a peace officer's commission which is issued under the provisions of this3 Subsection shall be limited to the powers, functions, duties, and responsibilities4 which are set forth for enforcement officers in this Subsection and which relate to5 the duty of the commission to police and enforce the provisions of R.S. 45:1616 through R.S. 45:178.7 (b) A peace officer's commission which is issued under the provisions of this8 Subsection shall not grant any authority other than the powers, functions, duties, and9 responsibilities which are set forth for enforcement officers in this Subsection and10 which relate to the duty of the commission to police and enforce the provisions of11 R.S. 45:161 through R.S. 45:178.12 (c) For the purposes set forth in this Subsection, each enforcement officer13 who is commissioned under the provisions of this Paragraph shall have all of the14 powers, functions, duties, and responsibilities of a commissioned peace officer,15 including the power to carry weapons while acting in the course and scope of their16 duties as enforcement officers.17 (d) Enforcement officers may carry concealed weapons while acting in the18 course and scope of their duties and the provisions of R.S. 14:95 shall not apply to19 enforcement officers who carry concealed weapons while acting in the course and20 scope of their duties.21 (8)(a) Enforcement officers who are acting in the course and scope of their22 duties as enforcement officers shall wear uniforms which clearly and conspicuously23 identify the enforcement officers as Public Service Ccommission Eenforcement24 Ofofficers.25 (b) Enforcement officers who are acting in the course and scope of their26 duties as enforcement officers and who are patrolling the public streets and highways27 in motor vehicles shall patrol only in motor vehicles which are clearly and28 conspicuously marked as motor vehicles in the service of the Public Service29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 11 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Ccommission.1 D.(1) The commission shall require the following policies of insurance and2 indemnity bonds:3 (a) Three thousand dollars C.O.D. bond from all common carriers of freight4 by motor vehicle.5 (b) Public liability and property damage insurance on trucks operated by both6 common and contract carriers providing coverage of two hundred fifty thousand7 dollars for injury or death to any one person not to exceed five hundred thousand8 dollars per occurrence, and ten thousand dollars property damage. Public liability9 and property damage insurance for tow trucks or wreckers providing coverage of not10 less than five hundred thousand dollars combined single limits coverage.11 (c) Public liability insurance on passenger buses providing coverage of two12 hundred fifty thousand dollars for injury or death to any one person not to exceed13 five hundred thousand dollars per occurrence, and property damage insurance on14 passenger buses providing coverage of ten thousand dollars.15 (2) These insurance policies and indemnity bonds shall be written by16 companies qualified to do business in this state.17 E. The commission shall provide the personnel and equipment required to18 fully implement the provisions of R.S. 32:390.23 as it relates to the licensing19 activities of the commission.20 §164. Common carrier's certificate; contract carrier's permit21 A. Except as provided by Subsection C of this Section, no motor carrier, as22 defined in R.S. 45:162(10)(13), shall operate as a common carrier without first23 having obtained from the commission a certificate of public convenience and24 necessity, which shall be issued only after a written application made and filed, a25 public hearing, due notice given to applicant and all competing common carriers, and26 a finding by the commission that public convenience and necessity require the27 issuance of a certificate. No new or additional certificate shall be granted over a28 route where there is an existing certificate, unless it be clearly shown that the public29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 12 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. convenience and necessity would be materially promoted thereby.1 B. Except as provided by Subsection C of this Section, no motor carrier shall2 operate as a contract carrier without having had a public hearing and obtained from3 the commission a permit to do so, which permit shall not be issued unless in the4 public interest and until the applicant shall have complied with the requirements of5 R.S. 45:161 through 172.6 C. Wrecker and towing services, limousine services, and motor carriers of7 salt water utilized in oil well exploration and production shall not be required to8 prove public convenience and necessity when applying for a common carrier9 certificate or contract carrier permit.10 D. Nothing in this Section shall be construed to affect any ordinance, enacted11 by a local governing authority and in effect on August 15, 1999, which requires any12 limousine service to prove public convenience and necessity as a requirement to13 operate within such parish or municipality.14 E.(1) All intrastate movers of household goods shall be required to apply for15 and secure a registration permit from the Louisiana Public Service Ccommission,16 shall secure and maintain the insurance policies required by the Louisiana Public17 Service Ccommission for movers of household goods, shall comply with all other18 requirements of the Louisiana Public Service Ccommission, shall carry motor truck19 cargo carriers insurance of at least fifty thousand dollars per truck and one hundred20 thousand dollars per catastrophe, shall secure and maintain workers' compensation21 insurance, and shall file a surety bond by a qualified surety company with the22 Louisiana Public Service Ccommission in the amount of five thousand dollars, prior23 to engaging in any activities related to moving household goods.24 (2)(a) Any carrier providing the intrastate transportation of household goods25 shall maintain a permanent establishment in the state. A permanent establishment26 shall mean a fixed place of business through which the business of the carrier is27 wholly or partly carried on. The place of business shall be a particular building or28 physical location used by the carrier for the conduct of its business, and it shall be29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 13 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. foreseeable that the carrier's use of this building or other physical location shall be1 more than temporary. The permanent establishment may include a place of2 management, a branch, an office, or a terminal. The permanent establishment may3 be operated by an employee of the carrier or an agent of the carrier provided that the4 agent has and habitually exercises the authority to conclude transportation contracts5 in the name of the carrier.6 (b) The carrier shall register the address and telephone number of its7 permanent establishment with the secretary of state and the Public Service8 Ccommission. Service of process with respect to all civil, criminal, or administrative9 proceedings brought before any court or administrative agency located in the state10 may be served on the carrier at its permanent establishment by any means provided11 by the applicable rules or procedure for that court or agency providing service of12 process.13 (c) Should the carrier cease to maintain a permanent establishment in the14 state, its right to conduct business in the state shall be immediately suspended.15 (3) The Louisiana Public Service Ccommission shall adopt and promulgate16 rules and regulations necessary to the proper implementation and administration of17 this Subsection, subject to the oversight of the standing committees on18 transportation, highways and public works of the Senate and the House of19 Representatives pursuant to the Administrative Procedure Act. The provisions of this20 Subsection shall apply only when the contract for moving household goods exceeds21 two hundred fifty dollars.22 * * *23 §167. Name and address of operator and certificate or permit number to be24 displayed25 There shall be displayed upon every vehicle operated intrastate under the26 authority of R.S. 45:161 through 172 the name and address of the operator and his27 certificate or permit number in such a manner as to be plainly discernible.28 * * *29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 14 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §169. Fees; disposition; refunds; credits; prescription1 A. Every motor carrier as defined in R.S. 45:162(10)(13) regularly operating,2 or which shall regularly operate in the state, is hereby required to pay to the3 Louisiana Public Service Ccommission a special fee of ten dollars for each motor4 vehicle or combination of vehicles operated or to be operated by the motor carrier.5 This special fee shall be paid at the time of the issuance of a certificate of6 convenience and necessity and shall be due each year thereafter between January7 first and February first; however, if the certificate of convenience and necessity is8 issued after January first of any year, the fee shall be prorated to the remaining9 portion of the year ending December thirty-first, but in no case shall the fee be less10 than one-fourth the annual fee. In case of emergency or unusual temporary demands11 for transportation, the fee for additional motor vehicles for a shorter period shall be12 fixed by the commission in such reasonable amounts as may be prescribed by13 general rule or temporary order. Every application for a certificate of convenience14 and necessity shall be accompanied by a filing fee of fifty dollars and every15 application for a permit shall be accompanied by a filing fee of twenty-five dollars,16 which fees shall be in addition to other fees and taxes and shall be retained by the17 commission whether the certificate of convenience and necessity be granted or not.18 B. If there has been an overpayment or a payment where no fee was due, the19 commission may credit the whole amount, or any portion of the payment to other20 liabilities of the taxpayer to the commission. If no fees or other charges are due, the21 commission shall make a refund of the payment out of current collections. The22 commission is not required to make a refund of less than one dollar. All rights to23 refunds or credits shall prescribe in three years from the 31st day of December in the24 year in which the tax was due.25 §169.1. Motor Carrier Regulation Fund26 A.(1) All monies recovered by the transportation division of the Public27 Service Ccommission, by the collection of intrastate application, registration, and28 permit fees, and fines collected from penalties, shall be deposited into the state29 SB NO. 771 SLS 10RS-1819 ORIGINAL Page 15 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. treasury and shall be credited to the Bond Security and Redemption Fund. After1 satisfaction of the requirements of the Bond Security and Redemption Fund, the2 treasurer shall deposit into the special fund, hereby created in the state treasury and3 designated as the "Motor Carrier Regulation Fund", an amount equal to one hundred4 percent of the total sums recovered as provided in R.S. 45:168 and 169.5 (2) The Motor Carrier Regulation Fund, hereinafter referred to as the "carrier6 fund", shall additionally consist of all funds received by donation, grant, gift, or7 otherwise from any source and sums appropriated specifically to it by the legislature8 for increased regulatory enforcement of motor carriers.9 B. The director of the transportation division of the Public Service10 Ccommission shall administer the carrier fund and shall make disbursements from11 the fund for all necessary and appropriate expenditures. 12 C.(1) The monies in the carrier fund shall be used to defray the cost of13 regulation of the intrastate motor carrier industry, specifically by the transportation14 division of the Public Service Ccommission.15 (2) Monies in the carrier fund shall be available to increase manpower and16 physical support for regulation of the intrastate motor carrier industry.17 (3) Monies in the carrier fund shall be invested by the state treasurer as are18 monies in the state general fund. All interest earned on money invested by the state19 treasurer since the creation of the fund will be deposited into the state general fund.20 D. In any cases where monies from the carrier fund are expended in the21 prosecution of any violation of this Chapter, the attorney general shall institute a22 civil action to recover from the responsible person all such monies expended from23 the carrier fund. Any monies so recovered shall be paid into the carrier fund as24 provided by this Section.25 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Tracy Sabina Sudduth. DIGEST Present law provides for the regulation of motor carriers. SB NO. 771 SLS 10RS-1819 ORIGINAL Page 16 of 16 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (1)Provides relative to the Unified Carrier Registration Agreement; the designation of the state agency with enforcement; and provides for the disposition of money collected and creates the Unified Carrier Registration Agreement Fund in the state treasury. (2)Relative to intrastate motor carriers, designates the state agency with enforcement; provides policy and definitions; provides powers and duties of La. Public Service Commission relative thereto, including certification and permitting of carriers; duties of certificate and permit holder; and funds relative thereto. Proposed law makes technical corrections; otherwise retains present law. Effective August 15, 2010. (Amends R.S. 32:1526 and R.S. 45:161, 162, 163, 164, 167, 169, and 169.1)