The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law defines term motor carriers to include both common carriers by motor vehicle and
contract carrier by motor vehicle, which transport household goods, passengers, waste intrastate,
or any other classification of carriers created by law which transports household goods,
passengers, or waste intrastate for compensation or hire; further includes tow trucks; further
excludes contract carriers by bus except for purposes of R.S. 45:173 and 1177, only contract
carriers by bus are subject to the control and jurisdiction of the Louisiana Public Service
Commission (PSC).
Present law requires motor carriers of household goods, waste, or passengers to prove public
convenience and necessity in order to obtain permission from the PSC to operate as a common
carrier or contract carrier.
Present law exempts wreckers and towing services, limousine services, and motor carriers of
saltwater utilized in oil well exploration and production from the requirement to prove public
convenience and necessity in order to obtain permission from the PSC to operate as a common
carrier or contract carrier.
Proposed law retains present law and exempts motor carriers of non-hazardous oilfield waste
from proving public convenience and necessity.
Present law requires each motor carrier and public utility, doing business in Louisiana and
subject to the control of the PSC, to pay a fee for the inspection, control, and supervision of
business services and rates in addition to property, franchise, license, and other taxes, and fees
and charges assessed against a motor carrier and public utility; further, provides that fees for
motor carriers be measured by gross receipts of motor carriers derived from activities subject to
control and jurisdiction of PSC.
Proposed law retains present law and exempts motor carriers of non-hazardous oilfield waste
from payment of the inspection, control, and supervision fee to PSC.
Present law provides for deposit of inspection and supervision fees into the state treasury and
after compliance with the requirements of Article VII, Section 9(B) of Louisiana Constitution
relative to the Bond Security and Redemption Fund, and prior to the monies from fees being
deposited into the state general fund, requires an amount equal to the fees deposited be credited
to a special fund in state treasury known as "Utility and Carrier Inspection and Supervision
Fund"; further, provides that monies in "Utility and Carrier Inspection and Supervision Fund" be
used solely for expenses to operate the PSC, subject to appropriation by the legislature; further
provides that should the fund cease to exist for purposes of its creation, the fees assessed cease. Proposed law retains present law and reallocates deposit of inspection and supervision fees
collected on public utilities to a special fund known as "Utility Inspection and Supervision Fund"
and monies collected on motor carriers to special fund known as "Motor Carrier Inspection
Fund". Further, provides that monies deposited in "Utility Inspection and Supervision Fund" be
used solely for expenses to operate the PSC and monies deposited in "Motor Carrier Inspection
Fund" be used solely for expenses to operate the Motor Carrier Safety Assistance Program in the
office of state police, Department of Public Safety and Correction; further requires that monies in
both funds are subject to appropriation by the legislature.
Effective July 1, 2013.
(R.S. 45:162(12), 164(C), and 1177(A)(1), (B), and (C); adds R.S. 45:1177(A)(6))