ENROLLED
ACT No. 412
2017 Regular Session
HOUSE BILL NO. 128
BY REPRESENTATIVE CARMODY
1 AN ACT
2 To amend and reenact R.S. 45:164(E)(2)(a) and (c) and (3), relative to carriers of household
3 goods; to impose certain requirements on the operation of a household goods carrier
4 business; to authorize the commission to suspend or cancel a household goods carrier
5 certificate in certain circumstances; to remove provisions related to the promulgation
6 of rules and regulations; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 45:164(E)(2)(a) and (c) and (3) are hereby amended and reenacted
9 to read as follows:
10 ยง164. Common carrier's certificate; contract carrier's permit
11 * * *
12 E.
13 * * *
14 (2)(a) Any carrier whether domiciled in or outside of Louisiana, who is
15 providing the intrastate transportation of household goods in Louisiana shall
16 maintain a permanent establishment in Louisiana. A permanent establishment shall
17 mean a fixed place of business through which the business of the carrier is wholly
18 or partly carried on. The place of business shall be a particular building or physical
19 location used by the carrier for the conduct of its business, and it shall be foreseeable
20 that the carrier's use of this building or other physical location shall be more than
21 temporary. The physical location or place of business shall be open for business and
22 shall be staffed during regular business hours by one or more persons employed by
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 128 ENROLLED
1 the carrier on a permanent basis for the purpose of general management of the
2 household goods moving business. The permanent establishment may include a
3 place of management, a branch, an office, or a terminal. The permanent
4 establishment may be operated by either an employee of the carrier or an agent of the
5 carrier provided that the agent has and habitually exercises the authority to conclude
6 transportation contracts in the name of the carrier.
7 * * *
8 (c) Should the carrier cease to maintain a permanent establishment in the
9 state, its right to conduct business in the state shall be immediately suspended or
10 cancelled at the discretion of the commission. No cancellation shall be ordered by
11 the commission without notice and hearing before an administrative law judge.
12 (3) The Louisiana Public Service Commission shall adopt and promulgate
13 rules and regulations necessary to the proper implementation and administration of
14 this Subsection, subject to the oversight of the standing committees on
15 transportation, highways and public works of the Senate and the House of
16 Representatives pursuant to the Administrative Procedure Act. The provisions of
17 this Subsection shall apply only when the contract for moving household goods
18 exceeds two hundred fifty four hundred dollars.
19 Section 2. This Act shall become effective on January 1, 2018.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.