SLS 13RS-422 ORIGINAL
Page 1 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 132
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR CARRIERS. Provides for certificates or permits to non-hazardous oilfield waste
motor carriers and the allocation of fees paid by motor carriers. (7/1/13)
AN ACT1
To amend and reenact R.S. 45:162(12), 164(C), and 1177(A)(1), (B), and (C) and to enact2
R.S. 45:1177(A)(6), relative to motor carriers; to provide for definitions; to provide3
for issuance of certain certificates or permits to non-hazardous oilfield waste motor4
carriers; to provide for collection of and exemption from the collection of inspection5
and supervision fees and the allocation of these fees into the Utility Inspection and6
Supervision Fund and the Motor Carrier Inspection Fund; to create the special funds7
and provide for the use of monies in each fund; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 45:162(12), 164(C), and 1177(A)(1), (B), and (C) are hereby10
amended and reenacted and R.S. 45:1177(A)(6) is hereby enacted to read as follows:11
§162. Definitions12
The following words and phrases when used in this Chapter shall have the13
meanings ascribed to them in this Section except where a different meaning is14
expressly stated or clearly indicated by the context.15
* * *16
(12) "Motor carriers" include both a common carrier by motor vehicle and17 SB NO. 132
SLS 13RS-422 ORIGINAL
Page 2 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
contract carrier by motor vehicle, which transport household goods, passengers,1
waste intrastate, or any other classification of carriers created by law which2
transports household goods, passengers, or waste intrastate for compensation or hire.3
"Motor carriers" shall include tow trucks. "Motor carriers" shall not include contract4
carriers by bus; however, for purposes of R.S. 45:173 and 1177 only, a contract5
carrier by bus shall be considered a "motor carrier" subject to the control and6
jurisdiction of the Louisiana Public Service Commission. "Motor carriers" shall7
not include any person engaged in the business of transporting non-hazardous8
oilfield waste for purposes of R.S. 45:1177 only.9
* * *10
§164. Common carrier's certificate; contract carrier's permit11
* * *12
C. Wrecker and towing services, passenger carrying vehicles, household13
goods movers, and motor carriers of non-hazardous oilfield waste or of salt water14
utilized in oil well exploration and production shall not be required to prove public15
convenience and necessity when applying for a common carrier certificate or16
contract carrier permit.17
* * *18
§1177. Inspection and supervision fees; Utility and Carrier Inspection and19
Supervision Fund; Motor Carrier Inspection Fund20
A.(1) Each motor carrier as defined in R.S. 45:162(10) and public utility21
doing business in Louisiana and subject to control and jurisdiction of the commission22
shall pay to the state a fee for the inspection, control, and supervision of the business23
service and rates of such common carrier and public utility, in addition to any and24
all property, franchise, license, and other taxes, and fees and charges now or25
hereafter fixed, assessed, or charged by law against such common carrier and public26
utility. The amount of the fees shall be measured by the gross receipts of each public27
utility from its Louisiana intrastate business. The amount of the fees for each motor28
carrier as defined in R.S. 45:162(10) shall be measured by the gross receipts of such29 SB NO. 132
SLS 13RS-422 ORIGINAL
Page 3 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
carrier derived from those activities that are subject to the control and jurisdiction of1
the commission.2
* * *3
(6) The term "motor carrier" shall not be construed to include any4
person engaged in the business of transporting non-hazardous oilfield waste for5
purposes of this Section only.6
B. Funds received by the Department of Revenue in the form of inspection7
and supervision fees authorized in Subsection A shall be deposited immediately upon8
receipt into the state treasury.9
(1) After compliance with the requirements of Article VII, Section 9(B) of10
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,11
and prior to monies collected on a public utility being placed in the state general12
fund, an amount equal to that deposited as required by this Subsection shall be13
credited to a special fund hereby created in the state treasury to be known as the14
"Utility and Carrier Inspection and Supervision Fund". The monies in this fund shall15
be used solely for the expenses of the operations of the commission, and only in the16
amounts appropriated by the legislature.17
(2) After compliance with the requirements of Article VII, Section 9(B)18
of the Constitution of Louisiana relative to the Bond Security and Redemption19
Fund, and prior to monies collected on a motor carrier being placed in the state20
general fund, an amount equal to that deposited as required by this Subsection21
shall be credited to a special fund hereby created in the state treasury to be22
known as the "Motor Carrier Inspection Fund". The monies in this fund shall23
be used solely for the expenses of the operations of the Motor Carrier Safety24
Assistance Program, within the office of state police, Department of Public25
Safety and Corrections, and only in the amounts appropriated by the26
legislature.27
C. (1) If the amounts contained in the Utility Inspection and Supervision28
Fund fund provided for in this Section are in excess of that necessary to fund the29 SB NO. 132
SLS 13RS-422 ORIGINAL
Page 4 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
operations of the commission, then that excess shall be retained in such funds subject1
to the requirements of Article VII, Section 9(B) of the Constitution of Louisiana2
relative to the Bond Security and Redemption Fund and shall be subject to3
appropriations by the legislature in subsequent years. In the event the Utility and4
Carrier Inspection and Supervision Fund ceases to exist for the purpose of its5
creation, the assessments therefor likewise shall cease to exist.6
(2) If the amounts contained in the Motor Carrier Inspection Fund7
provided for in this Section are in excess of that necessary to fund the8
operations of the Motor Carrier Safety Assistance Program, then that excess9
shall be retained in such fund subject to the requirements of Article VII, Section10
9(B) of the Constitution of Louisiana relative to the Bond Security and11
Redemption Fund and shall be subject to appropriations by the legislature in12
subsequent years. In the event the Motor Carrier Inspection Fund ceases to13
exist for the purpose of its creation, the assessments therefor likewise shall cease14
to exist.15
* * *16
Section 2. This Act shall become effective on July 1, 2013.17
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 SB NO. 132
SLS 13RS-422 ORIGINAL
Page 5 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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))