Louisiana 2014 Regular Session

Louisiana House Bill HB1249 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 848
Regular Session, 2014
HOUSE BILL NO. 1249
BY REPRESENTATIVES MONTOUCET, FANNIN, AND REYNOLDS
AN ACT1
To amend and reenact R.S. 45:1177(A)(1), (2)(k), (4), and (5) and to enact R.S.2
45:1177(A)(6), relative to inspection and supervision fees paid by certain motor3
carriers and public utilities doing business in this state; to change the ranges for such4
fees; to exempt nonprofit water utility cooperatives or corporations wholly owned5
by water user members from paying such fees; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 45:1177(A)(1), (2)(k), (4), and (5) are hereby amended and reenacted8
and R.S. 45:1177(A)(6) is hereby enacted to read as follows:9
ยง1177. Inspection and supervision fees; Utility and Carrier Inspection and10
Supervision Fund11
A.(1) Each motor carrier as defined in R.S. 45:162(10) R.S. 45:162(12) and12
public utility doing business in Louisiana and subject to control and jurisdiction of13
the commission shall pay to the state a fee for the inspection, control, and14
supervision of the business service and rates of such common carrier and public15
utility, in addition to any and all property, franchise, license, and other taxes, and16
fees and charges now or hereafter fixed, assessed, or charged by law against such17
common carrier and public utility.  The amount of the fees shall be measured by the18
gross receipts of each public utility from its Louisiana intrastate business.  The19
amount of the fees for each motor carrier as defined in R.S. 45:162(10) R.S.20
45:162(12) shall be measured by the gross receipts of such carrier derived from those21
activities that are subject to the control and jurisdiction of the commission.22 ENROLLEDHB NO. 1249
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(2) The fees for the first quarter gross receipts of each calendar year shall be1
paid on or before June thirtieth; the fees for the second quarter gross receipts shall2
be paid on or before September thirtieth; the fees for the third quarter gross receipts3
shall be paid on or before December thirty-first; and the fees for the fourth quarter4
gross receipts shall be paid on or before March thirty-first of the following calendar5
year. The application of this schedule shall be based on and calculated according to6
the cumulative gross receipts beginning with the first quarter of each calendar year.7
In no event shall any utility or carrier pay less than twenty dollars each quarter. The8
fee to be paid by each common carrier, contract carrier, and public utility shall be9
paid quarterly as follows:10
*          *          *11
(k)  $.59 $.63 and one-half cents per $1000 of such gross receipts in excess12
of $100,000,000.13
*          *          *14
(4) The fees owed pursuant to this Subsection shall not be applicable to any15
nonprofit water utility cooperative or corporation wholly owned by water user16
members.17
(4)(5) Notwithstanding any provision in this Section to the contrary, the fees18
to be paid under the provisions of this Section on the gross receipts of a common19
carrier operating sightseeing passenger vehicles within the limits, and not more than20
ten miles therefrom, of one incorporated municipality under a municipal certificate21
of public convenience and necessity shall be measured only by that part of the gross22
receipts derived from the Louisiana intrastate business conducted outside, but not23
including ten miles therefrom, such municipality.24
(5)(6) Notwithstanding any contrary provision in this Section, for an electric25
cooperative organized pursuant to R.S. 12:401 et seq., the gross receipts under this26
Section shall not include the purchased power cost paid for the purchase of27
wholesale power for resale, on which fees have been paid or will be paid under the28
provisions of this Section.29
*          *          *30 ENROLLEDHB NO. 1249
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Section 2.  This Act shall become effective on January 1, 2015.1
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: