HLS 14RS-2461 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2014
HOUSE BILL NO. 1249
BY REPRESENTATIVES MONTOUCET, FANNIN, AND REYNOLDS
UTILITIES: Provides relative to inspection and supervision fees paid by certain motor
carriers and public utilities doing business in this state
AN ACT1
To amend and reenact R.S. 45:177(A)(1), (2)(j), (4), and (5), to enact R.S. 45:177(A)(6), and2
to repeal R.S. 45:177(A)(2)(k), relative to inspection and supervision fees paid by3
certain motor carriers and public utilities doing business in this state; to change the4
ranges for such fees; to exempt nonprofit water utility cooperatives or corporations5
wholly owned by water user members from paying such fees; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 45:1177(A)(1), (2)(j), (4) and (5) are hereby amended and reenacted9
and R.S. 45:177(A)(6) is hereby enacted to read as follows:10
ยง1177. Inspection and supervision fees; Utility and Carrier Inspection and11
Supervision Fund12
A.(1) Each motor carrier as defined in R.S. 45:162(10) R.S. 45:162(12) and13
public utility doing business in Louisiana and subject to control and jurisdiction of14
the commission shall pay to the state a fee for the inspection, control, and15
supervision of the business service and rates of such common carrier and public16
utility, in addition to any and all property, franchise, license, and other taxes, and17
fees and charges now or hereafter fixed, assessed, or charged by law against such18
common carrier and public utility. The amount of the fees shall be measured by the19
gross receipts of each public utility from its Louisiana intrastate business. The20 HLS 14RS-2461 ORIGINAL
HB NO. 1249
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amount of the fees for each motor carrier as defined in R.S. 45:162(10) R.S.1
45:162(12) shall be measured by the gross receipts of such carrier derived from those2
activities that are subject to the control and jurisdiction of the commission.3
(2) The fees for the first quarter gross receipts of each calendar year shall be4
paid on or before June thirtieth; the fees for the second quarter gross receipts shall5
be paid on or before September thirtieth; the fees for the third quarter gross receipts6
shall be paid on or before December thirty-first; and the fees for the fourth quarter7
gross receipts shall be paid on or before March thirty-first of the following calendar8
year. The application of this schedule shall be based on and calculated according to9
the cumulative gross receipts beginning with the first quarter of each calendar year.10
In no event shall any utility or carrier pay less than twenty dollars each quarter. The11
fee to be paid by each common carrier, contract carrier, and public utility shall be12
paid quarterly as follows:13
* * *14
(j) $.75 per $1000 of such gross receipts in excess of $25,000,000 and not15
more than $100,000,000.16
* * *17
(4) The fees owed pursuant to this Subsection shall not be applicable to any18
nonprofit water utility cooperative or corporation wholly owned by water user19
members.20
(4) (5) Notwithstanding any provision in this Section to the contrary, the fees21
to be paid under the provisions of this Section on the gross receipts of a common22
carrier operating sightseeing passenger vehicles within the limits, and not more than23
ten miles therefrom, of one incorporated municipality under a municipal certificate24
of public convenience and necessity shall be measured only by that part of the gross25
receipts derived from the Louisiana intrastate business conducted outside, but not26
including ten miles therefrom, such municipality.27
(5) (6) Notwithstanding any contrary provision in this Section, for an electric28
cooperative organized pursuant to R.S. 12:401 et seq., the gross receipts under this29 HLS 14RS-2461 ORIGINAL
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Section shall not include the purchased power cost paid for the purchase of1
wholesale power for resale, on which fees have been paid or will be paid under the2
provisions of this Section.3
* * *4
Section 2. R.S. 45:177(A)(2)(k) is hereby repealed in its entirety.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Montoucet HB No. 1249
Abstract: Provides relative to the fees paid by certain motor carriers and public utilities
subject to the control of the Public Service Commission for the inspection and
control, and supervision of their business service and rates.
Present law requires certain motor carriers and public utilities subject to the control of the
Public Service Commission to pay fees for the inspection, control, and supervision of their
business service and rates.
Present law provides that such fees shall be paid quarterly and be in a certain amount per
$1,000 of certain gross receipts, less or in excess of a certain amount or range of such
carriers and utilities.
Present law provides that the fees paid to the commission shall be $.75 per $1,000 of such
gross receipts in excess of $25 million and not more than $100 million.
Proposed law removes the maximum limit of $100 million from present law.
Present law provides that the fees paid to the commission shall be $.59 per $1,000 of such
gross receipts in excess of $100 million.
Proposed law deletes present law.
Proposed law provides that such inspection and supervision fees shall not be applicable to
any nonprofit water utility cooperative or corporation wholly owned by water user members.
(Amends R.S. 45:177(A)(1)(2)(j), (4), and (5); Adds R.S. 45:177(A)(6); Repeals R.S.
45:177(A)(2)(k))