SLS 12RS-99 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 269
BY SENATOR PEACOCK
TAX/LOCAL. Prohibits a police jury, municipality, or other local governing authority from
charging any franchise fee or similar charge to an electric, gas, or water public utility which
is in excess of 2% of annual gross receipts. (gov sig)
AN ACT1
To amend and reenact R.S. 33:4461, relative to franchise fees imposed by political2
subdivisions; to limit the franchise fees and similar charges which may be imposed3
on an electric, gas, or water public utility; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 33:4461 is hereby amended and reenacted to read as follows: 6
ยง4461. Limitation on cable television fees and charges and other franchise fees7
and charges 8
A. No police jury, municipality, or other local governing authority9
empowered to grant cable television franchises shall charge any franchise fee of any10
kind in excess of that authorized by federal law.11
B. Notwithstanding any other law or agreement to the contrary,12
beginning January 1, 2013, no police jury, municipality, or other local13
governing authority empowered to grant a franchise to an electric, gas, or water14
public utility shall charge any franchise fee or similar charge in excess of two15
percent of the annual gross receipts of the utility from its customers within the16
parish, municipality, or other local governing authority.17 SB NO. 269
SLS 12RS-99 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Present law authorizes the governing authorities of municipalities and parishes to grant a
franchise to public utilities to use and occupy public places within their jurisdictions for
constructing, maintaining, and operating structures and equipment to operate the public
utilities' business.
Proposed law prohibits police juries, municipalities, or other local governing authorities
which are empowered to grant a franchise to an electric, gas, or water public utility to charge
any franchise fee or similar charge in excess of 2% of the annual gross receipts of the utility
from its customers within the parish, municipality, or other local governing authority,
beginning January 1, 2013.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4461)