The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 50 Engrossed 2017 Regular Session Morrish
Present law creates the Commission of Weights and Measures in the Dept. of Agriculture and
Forestry and gives the commissioner the authority for registration of weights, measures, and
weighing and measuring devices in the distribution, handling, or sale of petroleum products and
makes its provisions inapplicable to carriers-for-hire operating under valid permits or certificates of
convenience or necessity issued by the Louisiana Public Service Commission (LPSC) and not
engaged in transporting petroleum products for sale, use, or consumption in this state, and persons
operating motor busses under franchises or licenses issued by municipalities.
Proposed law retains present law but changes terminology from "permits or certificates of
convenience or necessity" to "common carrier certificates or contract carrier permits".
Present law defines"motor carriers" to include both a common carrier by motor vehicle and a
contract carrier by motor vehicle, which transports 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, including tow trucks, but not including contract carriers
by bus, except that a contract carrier by bus is considered a "motor carrier" subject to the control and
jurisdiction of the LPSC for purposes of R.S. 45:173 and 1177.
Present law requires motor carriers as defined in present law to obtain a certificate of public
convenience and necessity from the LPSC before operating as a common carrier, which requires an
application, public hearing, and a finding of public convenience and necessity.
Present law (R.S. 45:162(20)) defines "waste" to mean "non-hazardous oilfield waste",
"non-hazardous industrial solid waste", and "hazardous waste".
Present law excludes wrecker and towing services, passenger carrying vehicles, household goods
movers, and motor carriers of salt water utilized in oil well exploration and production from
requirement to prove public convenience and necessity when applying for a common carrier
certificate or contract carrier permit.
Proposed law changes present law from "motor carrier" to "motor carrier of waste" and "permits or
certificate of public convenience and necessity" to "common carrier certificate or contract carrier
permits".
Proposed law requires a "motor carrier of waste" applicant for a common carrier certificate, contract
carrier permit, or expansion of authority granted in an existing certificate or permit authorizing the
transportation of waste to prove fitness in a hearing before an administrative law judge or hearing
officer by proving the following: (1)The applicant holds, or is capable of acquiring, an insurance policy that complies with
commission rules.
(2)The applicant has the financial ability to provide the transportation of waste for disposal in
a safe and efficient manner.
(3)The applicant holds, or is capable of acquiring, all the necessary authorizations required by
any and all regulatory authorities for the transportation of waste for disposal.
(4)The applicant holds, or is capable or acquiring for use, equipment and man power to provide
transportation services in a safe and efficient manner.
(5)The applicant has in place, or is capable of establishing, a safety program necessary for the
safe and efficient transportation of waste for disposal.
Present law prohibits issuance of a certificate to operate as a motor carrier of passengers to an
applicant which uses or will use any vehicle with a reconstructed title as provided in R.S. 32:707 or
an equivalent title issued under the laws of another state in operation of such business.
Proposed law retains present law.
Proposed law applies to all pending applications and declares null and void any restrictive language
in existing common carrier certificates of waste or contract carrier permits of waste that would
prevent the carrier from applying for expanded authority for any period of time.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 3:4672(D), R.S. 45:162(5)(d) and (9), 164(A), (B), and (C), and R.S. 47:602(E)(2);
adds R.S. 45:164(F))