HLS 18RS-1589 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 749
BY REPRESENTATIVES BARRAS, ABRAHAM, BACALA, BAGLEY, CHAD
BROWN, TERRY BROWN, CARMODY, STEVE CARTER, CROMER,
DWIGHT, FALCONER, FOIL, GISCLAIR, GUINN, LANCE HARRIS, HAVARD,
HAZEL, HENSGENS, HORTON, HUVAL, MAGEE, MCFARLAND, NORTON,
PUGH, SHADOIN, STEFANSKI, THIBAUT, AND ZERINGUE AND SENATORS
APPEL, CHABERT, CORTEZ, ERDEY, HEWITT, LAFLEUR, MIZELL,
PEACOCK, AND WHITE
TRANSPORTATION: Provides relative to transportation network company requirements
1 AN ACT
2To amend and reenact R.S. 44:4.1(B)(30) and R.S. 45:201.4(6) and 201.6(G)(2) and to enact
3 Part D of Chapter 4 of Title 45 of the Louisiana Revised Statutes of 1950, to be
4 comprised of R.S. 45:202 through 216, relative to transportation network companies;
5 to provide for public records exceptions; to provide for transportation network
6 company requirements; to provide for definitions; to provide for insurance
7 requirements; to provide for an effective date; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 44:4.1(B)(30) is hereby amended and reenacted to read as follows:
10 §4.1. Exceptions
11 * * *
12 B. The legislature further recognizes that there exist exceptions, exemptions,
13 and limitations to the laws pertaining to public records throughout the revised
14 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
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1 limitations are hereby continued in effect by incorporation into this Chapter by
2 citation:
3 * * *
4 (30) R.S. 45:1313(C) R.S. 45:214(C), 215(F), 1313(C)
5 * * *
6 Section 2. R.S. 45:201.4(6) and 201.6(G)(2) are hereby amended and reenacted and
7Part D of Chapter 4 of Title 45 of the Louisiana Revised Statutes of 1950, comprised of R.S.
845:202 through 216, is hereby enacted to read as follows:
9 §201.4. Definitions
10 The following terms, as used in this Part, have the meanings ascribed to them
11 in this Section except when a different meaning is expressly stated or clearly
12 indicated by the context:
13 * * *
14 (6) "Transportation network company" or "company" means a person,
15 whether natural or juridical, that uses a digital network to connect transportation
16 network company riders to transportation network company drivers who provide
17 prearranged rides, or a person, whether natural or juridical, that provides a
18 technology platform to a transportation network company rider that enables the
19 transportation network company rider to schedule a prearranged ride.
20 * * *
21 §201.6. Requirements for insurance.
22 * * *
23 G. A policy of insurance procured pursuant to this Section:
24 * * *
25 (2) May be placed with an authorized insurer or with a surplus lines insurer
26 pursuant to R.S. 22:432. that has a rating of no less than A- from A.M. Best or an A
27 from Demotech, Inc. or a similar rating from another rating agency recognized by
28 the Department of Insurance.
29 * * *
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1 PART D. TRANSPORTATION NETWORK
2 COMPANY REQUIREMENTS
3 §202. Definitions
4 All definitions provided for in R.S. 45:201.4 are applicable to Part D of
5 Chapter 4 of Title 45, which provides requirements for transportation network
6 companies, unless a different definition is provided in this Part, or the context in
7 which a term is used in this Part indicates a different meaning. The following terms,
8 as used in this Part, shall have the meanings ascribed to them in this Section except
9 where a different meaning is expressly stated or clearly indicated by the context:
10 A. "Covered intrastate prearranged ride" means any intrastate prearranged
11 ride originating within the jurisdiction of the local governmental subdivision, except
12 such prearranged rides in which a rider is matched with, or eligible to be matched
13 with, another rider through the company's digital network.
14 B. "Department" means the Louisiana Department of Agriculture and
15 Forestry.
16 C. "Gross trip fare" means the base fare plus any time or distance charges,
17 excluding any additional charges such as airport or venue fees.
18 D. "Local governmental subdivision" means any parish or municipality as
19 defined in Article VI, Section 44(1) of the Constitution of Louisiana.
20 E. "Transportation network company vehicle" or "vehicle" has the same
21 meaning as "personal vehicle" as defined in R.S. 45:201.4(3).
22 §203. Classification of carriers
23 A company or a driver shall not be considered a common carrier, contract
24 carrier, or motor carrier, and does not provide taxi or for hire vehicle service. In
25 addition, a driver is not required to register the vehicle that the driver uses to provide
26 prearranged rides as a commercial motor vehicle or a for hire vehicle.
27 §204. Transportation network company permits
28 A. A person shall not operate a company in the state of Louisiana without
29 first obtaining a permit from the department. However, if a company has been
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1 operating in this state prior to the effective date of this Part, they may continue
2 operating until the department creates a permit process and sets a registration
3 deadline. As a part of the permit process, a company shall be required to provide the
4 department with a certificate of insurance verifying compliance with R.S. 45:201.6
5 and listing the department as a certificate holder.
6 B. The department shall issue a permit to each applicant that meets the
7 requirements applicable to a company as provided for in this Part.
8 §205. Service of process
9 A company shall maintain an agent for service of process in the state of
10 Louisiana.
11 §206. Fare transparency
12 If a fare is collected from a rider, the company shall disclose to the rider the
13 fare or fare calculation method located on its website or within the online-enabled
14 technology application service prior to the start of the prearranged ride. If the fare
15 is not disclosed to the rider prior to the beginning of the prearranged ride, the rider
16 shall have the option to receive an estimated fare before the start of the prearranged
17 ride.
18 §207. Identification of transportation network company vehicles and drivers
19 The company's digital network shall display a picture of the driver and the
20 license plate number of the motor vehicle used for providing the prearranged ride
21 before the rider enters the driver's vehicle.
22 §208. Electronic receipt
23 Within a reasonable amount of time following the completion of a
24 prearranged ride, a company shall transmit an electronic receipt to the rider on behalf
25 of the driver. The receipt shall include all of the following:
26 (1) The origin and destination of the trip.
27 (2) The duration and distance of the trip.
28 (3) The total fare paid for the trip.
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1 §209. Zero tolerance policy
2 A. The company shall implement a zero tolerance policy regarding a driver's
3 activities while accessing the company's digital network. The zero tolerance policy
4 shall address the use of drugs or alcohol while a driver is providing prearranged rides
5 or is logged into the company's digital network but is not providing prearranged
6 rides. The company shall provide notice of this policy on its website as well as
7 procedures to report a complaint about a driver with whom a rider was matched and
8 whom the rider reasonably suspects was under the influence of drugs or alcohol
9 during the course of the prearranged ride.
10 B. Upon receipt of a rider's complaint alleging a violation of the zero
11 tolerance policy, the company shall suspend the alleged driver's ability to accept trip
12 requests through the company's digital network immediately, and shall conduct an
13 investigation into the reported incident. The suspension shall last the duration of the
14 investigation.
15 C. The company shall maintain records relevant to the enforcement of this
16 requirement for a period of at least two years from the date that a rider's complaint
17 is received by the company.
18 §210. Transportation network company driver requirements
19 A. Before an individual is authorized to accept trip requests through a
20 transportation network company's digital network, the following conditions shall be
21 met:
22 (1) The individual shall submit an application to the company, which
23 includes information regarding his address, age, driver's license, motor vehicle
24 registration, insurance, and any other information required by the company.
25 (2) The company or a third party shall conduct a local and national criminal
26 background check for each applicant that includes the following:
27 (a) A multi-state and multi-jurisdiction criminal records locator or other
28 similar commercial nationwide database with validation of any records through
29 primary source search.
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1 (b) A search of the national sex offender public website maintained by the
2 United States Department of Justice.
3 (3) The company or a third party shall obtain and review a driving history
4 research report for each applicant.
5 B. The company or a third party shall conduct the background check and
6 driving history research report set forth in Paragraphs (A)(2) and (A)(3) of this
7 Section at least once every two years.
8 C. The company shall not authorize an individual to act as a driver if the
9 individual's driving history report reveals the individual received more than three
10 moving violations within the three-year period prior to applying to the company.
11 D. The company shall not authorize an individual to act as a driver if the
12 individual's initial background check or any subsequent background check reveals
13 the individual:
14 (1) Has had more than one of the following violations within the three-year
15 period prior to applying to the company:
16 (a) Flight from an officer or aggravated flight from an officer as provided for
17 in R.S. 14:108.1.
18 (b) Reckless operation of a vehicle as provided for in R.S. 14:99.
19 (c) Operating a vehicle while under suspension for certain prior offenses as
20 provided for in R.S. 14:98.8.
21 (2) Has been convicted, within the past seven years, of:
22 (a) Any enumerated felony as provided for in Title 14 of the Louisiana
23 Revised Statutes of 1950, comprised of R.S. 14:1 through 601.
24 (b) Operating a vehicle while intoxicated as provided for in R.S. 14:98
25 through 98.4.
26 (c) Hit and run driving as provided for in R.S. 14:100.
27 (d) Any crime of violence as defined in R.S. 14:2(B).
28 (3) Is listed as an offender in the national sex offender public website
29 maintained by the United States Department of Justice.
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1 (4) Does not possess a valid driver's license to operate a personal vehicle.
2 (5) Does not possess the required registration to operate a motor vehicle used
3 to provide prearranged rides.
4 §211. Prohibited conduct
5 A driver may not accept a trip for compensation other than a trip arranged
6 through a company's digital network.
7 §212. Nondiscrimination; accessibility
8 A. The company shall adopt a nondiscrimination policy with respect to riders
9 and potential riders and shall inform drivers of such policy.
10 B. Drivers shall comply with all applicable nondiscrimination laws.
11 C. Drivers shall comply with all applicable laws relating to transporting
12 service animals.
13 D. A company shall not impose any additional charges for providing services
14 to persons with physical disabilities.
15 §213. Records
16 A company shall maintain the following records:
17 (1) Individual trip records for at least three years from the date each trip was
18 provided.
19 (2) Individual records of drivers for at least three years after the date which
20 a driver's relationship with the company has ended.
21 §214. Audit procedures; confidentiality of records
22 A. For the sole purpose of verifying that a company is in compliance with
23 the requirements of this Part, annually at most, the department shall have the right
24 to visually inspect a sample of records that the company is required to maintain. The
25 sample shall consist of required records pertaining to up to fifty drivers. If, after the
26 initial review, the department has a reasonable basis to conclude that the company
27 is not in compliance with the requirements of this Part, the department may, upon
28 reasonable notice, conduct a supplemental audit of records for an additional selection
29 of drivers. The audit shall take place at a location in Baton Rouge. Any record
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1 furnished to the department may exclude information that would identify specific
2 drivers or riders.
3 B. In response to a specific complaint against any driver or company, the
4 department is authorized to inspect records held by the company that are necessary
5 to investigate and resolve the complaint. The company and department shall
6 endeavor to have the inspection take place at a mutually agreed upon location in the
7 state. Any record furnished to the department may exclude information that would
8 identify specific drivers or riders, unless the identity of a driver or rider is relevant
9 to the complaint.
10 C. Any records inspected by the department pursuant to this Section are
11 designated confidential, are not subject to disclosure to a third party by the
12 department without prior written consent of the company, and are exempt from
13 disclosure pursuant to the Public Records Law, R.S. 44:1 et seq. Nothing in this
14 Section shall be construed as applying to other department records related to its
15 regulation of transportation network companies if such records do not include
16 information that is otherwise designated confidential or exempted pursuant to the
17 Public Records Law or as limiting the applicability of any other exemptions under
18 the Public Records Law.
19 §215. Local fee
20 A. A local governmental subdivision is authorized to impose a fee of up to
21 one percent of the gross trip fare for each covered intrastate prearranged ride.
22 B. A local governmental subdivision may impose a fee pursuant to this
23 Section by passing an ordinance that imposes such a fee on each company permitted
24 by the department in accordance with R.S. 45:204. A municipality's fee may only
25 apply to covered intrastate prearranged rides originating within the incorporated
26 limits of the municipality. A parish's fee may only apply to covered intrastate
27 prearranged rides originating within the unincorporated portions of the parish.
28 C. A local governmental subdivision shall provide, at least thirty days prior,
29 written notice to each company permitted by the department, in accordance with R.S.
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1 45:204, of an initial hearing, reading, or consideration of an ordinance imposing a
2 fee pursuant to this Section. A local governmental subdivision shall also provide
3 written notice within ten days of the passage of any ordinance imposing a fee
4 pursuant to this Section. A fee imposed pursuant to this Section shall not go into
5 effect until at least sixty days after passage of the ordinance imposing the fee.
6 D. If a local governmental subdivision passes an ordinance imposing a fee,
7 a company shall collect the fee on behalf of drivers for each covered intrastate
8 prearranged ride. Each company shall remit the total fee to the local governmental
9 subdivision on a quarterly basis within thirty days after the end of the calendar
10 quarter.
11 E. The department shall have the sole audit authority with respect to fees
12 remitted by a company to a local governmental subdivision. A company shall keep
13 accurate books and records reflecting its accounting and payment of fees, pursuant
14 to this Section, in accordance with generally accepted accounting principles. For
15 each local governmental subdivision that passes an ordinance imposing a fee, the
16 department may, at its discretion, upon reasonable prior written request, and no more
17 than annually, audit a company's books and records related to its accounting and
18 payment of fees to the local governmental subdivision. Such an audit shall be
19 limited to a single calendar quarter, which may be chosen by the department, for
20 each local governmental subdivision. The department shall endeavor to have any
21 such audits for a particular company occur within the same calendar quarter. If the
22 department has not undertaken an audit for that local governmental subdivision
23 within the prior one-year period, and the local governmental subdivision has a
24 reasonable basis to suspect a material underpayment by a company, the local
25 governmental subdivision shall request that the department initiate an audit pursuant
26 to this Subsection. If underpayment of over one percent to any local governmental
27 subdivision is identified in an audit conducted by the department, the company shall
28 remit the underpaid fees to the local governmental subdivision within thirty days of
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1 the conclusion of the department's audit. A local governmental subdivision shall not
2 add additional audit authority by ordinance.
3 F. The total fee remitted to any local governmental subdivision by a
4 company, any records maintained by a company pursuant to this Section that are
5 obtained by a local governmental subdivision, the department, or any other public
6 body, and any records that incorporate information from records maintained pursuant
7 to this Section shall not be subject to disclosure pursuant to the Louisiana Public
8 Records Law, R.S. 44:1, et seq., or any other applicable law. A local governmental
9 subdivision, the department, or any other public body shall not disclose records,
10 information, or total fee amounts provided by a company to a third party unless
11 disclosure is required by a subpoena or court order. If a disclosure is required, the
12 local governmental subdivision, the department, or public body shall promptly notify
13 the company prior to the disclosure. Nothing in this Subsection shall prohibit the
14 department from communicating the results of an audit pursuant to Subsection E of
15 this Section to the local governmental subdivision of which the fees were the subject
16 of the audit.
17 §216. Controlling authority
18 A. It is the intent of the legislature to provide uniform laws to govern
19 companies, drivers, and vehicles throughout the state in order to protect and promote
20 the safety and welfare of the residents of Louisiana.
21 B. Notwithstanding any other provision of law to the contrary, companies,
22 drivers, and vehicles are governed exclusively by state law, including Part C of this
23 Chapter, this Part, and any rules promulgated by the department consistent with this
24 Part.
25 C. A local governmental subdivision shall not do any of the following:
26 (1) Impose a tax on, or require a license for, a company, a driver, or a vehicle
27 if such tax or license relates to providing prearranged rides, except as provided in
28 R.S. 45:215.
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1 (2) Require a company or a driver to obtain a business license or any other
2 type of similar authorization to operate within the jurisdiction.
3 (3) Subject a company, a driver, or a vehicle to any rate, entry, operation, or
4 other requirement of the governing authority, except as provided in R.S. 45:215.
5 D. The provisions of this Section do not prohibit an airport from charging
6 reasonable pick-up fees, which shall be consistent with any such pick-up fees
7 charged to taxicab companies at that airport, for use of the airport's facilities or
8 designating locations for staging, pick-up, and other similar operations at the airport.
9 Section 3. The department shall have the authority to promulgate such regulations
10as are necessary to carry out this Act, including the imposition of such fees as are necessary
11to cover the costs of administration of this Act.
12 Section 4. This Act shall become effective July 1, 2018.
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)]
HB 749 Original 2018 Regular Session Barras
Abstract: Provides relative to transportation network company requirements.
Present law provides exceptions, exemptions, and limitations to the laws pertaining to public
records throughout the revised statutes and codes of this state.
Proposed law adds records of a transportation network company (company) that are
inspected by the Dept. of Agriculture and Forestry (department) for audit to the list of
exemptions from disclosure under the Public Records Law. Proposed law further adds total
fees remitted to a governing authority by a company, records maintained by a company
pursuant to proposed law, and records that incorporate information from records maintained
pursuant to proposed law to the list of exemptions from disclosure under the Public Records
Law.
Present law defines "transportation network company" means a person, whether natural or
juridical, that uses a digital network to connect transportation network company riders to
transportation network company drivers who provide prearranged rides, or a person, whether
natural or juridical, that provides a technology platform to a transportation network company
rider that enables the transportation network company rider to schedule a prearranged ride.
Proposed law adds that a "transportation network company", as provided for in present law,
can also be referred to as a "company" in proposed law.
Proposed law references definitions in present law for "digital network", "personal vehicle",
"prearranged ride", "transportation network company driver", and "transportation network
company rider" and defines "covered intrastate prearranged ride", "department", "gross trip
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fare", "local governmental subdivision", and "transportation network company vehicle" for
the purposes of proposed law.
Proposed law defines "covered intrastate prearranged ride" as any intrastate prearranged ride
originating within the jurisdiction of the local governmental subdivision, except such
prearranged rides in which a rider is matched with, or eligible to be matched with, another
rider through the company's digital network.
Proposed law defines "department" as the Louisiana Department of Agriculture and Forestry.
Proposed law defines "gross trip fare" as the base fare plus any time or distance charges,
excluding any additional charges such as airport or venue fees.
Proposed law defines "local governmental subdivision" as any parish or municipality as
defined in Article VI, Section 44(1) of the Constitution of Louisiana.
Proposed law provides that a "transportation network company vehicle" or "vehicle" shall
have the same meaning as "personal vehicle" as defined in present law.
Proposed law establishes a classification of carriers; specifically, provides that a company
or driver is not a common carrier, contract carrier, or motor carrier.
Proposed law prohibits a person from operating a company without first obtaining a permit
from the department and further provides requirements for the permit. Proposed law
provides an exception to this requirement for companies that have been operating in this
state prior to the effective date of proposed law.
Proposed law requires the department to issue a permit to each applicant that meets the
requirements applicable to a company as provided for in proposed law.
Proposed law requires a company to maintain an agent for service of process in this state.
Proposed law requires companies to disclose the fare or the fare calculation method located
on their website or within the online-enabled technology application service to the rider
prior to the prearranged ride if a fare is collected from the rider.
Proposed law requires the company's digital network to display a picture of the driver and
the license plate number of the vehicle that will be used prior to the rider entering the car for
a prearranged ride.
Proposed law requires the transmission of an electronic receipt to the rider on behalf of a
driver within a reasonable time following the completion of a prearranged ride. Proposed
law requires that the origin and destination of the trio, the duration and distance of the trip,
and the total fare of the trip be included on the receipt.
Proposed law requires a company to implement a zero tolerance policy regarding a driver's
activities while accessing the company's digital network. Proposed law requires the policy
to address the use of drugs or alcohol while a driver is providing prearranged rides or is
logged into the company's digital network but is not providing prearranged rides, and
requires the company to provide notice of this policy on its website as well as procedures
to report a complaint about a driver with whom a rider was matched and whom the rider
reasonably suspects was under the influence of drugs or alcohol during the course of the
prearranged ride.
Proposed law requires a company to suspend a driver's ability to accept trip requests through
the company's digital network immediately upon receipt of a rider's complaint alleging a
violation of the zero tolerance policy. Proposed law further requires the company to conduct
an investigation into the reported incident and mandates that the suspension must last until
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the investigation is complete. Proposed law requires the company to maintain records
relevant to the complaint for a period of two years from the date that a rider's complaint is
received by the company.
Proposed law establishes application, background check, and driving history requirements
that an individual must meet prior to being authorized to accept trip requests through a
company's digital network.
Proposed law requires the application to include information regarding the applicant's
address, age, driver's license, motor vehicle registration, insurance, and any other
information required by the company.
Proposed law requires the company or a third party to conduct a local and national criminal
background check for each applicant that includes: a multi-state and multi-jurisdictional
criminal records locator or other similar commercial nationwide database, a search of the
national sex offender public website maintained by the U.S. Dept. of Justice, and the
applicant's driving history. Proposed law further requires the company to conduct the
background check or driving history research report at least once every two years.
Proposed law requires a company to prohibit an individual from acting as a driver if, within
the three-year period prior to applying to the company, the individual's driving history report
reveals more than three moving violations, or the individual's initial background check or
any subsequent background check reveals the individual has had at least one of the following
violations: flight from an officer or aggravated flight from an officer, reckless operation of
a vehicle, or operating a vehicle while under suspension.
Proposed law requires a company to prohibit an individual from acting as a driver if the
individual has been convicted, within the past seven years, of any enumerated felony in
present law, operating a vehicle while intoxicated, hit and run driving, or any crime of
violence as provided for in present law. Proposed law further requires a company to prohibit
an individual from acting as a driver if the individual is listed as an offender on the national
sex offender public website maintained by the U.S. Dept. of Justice, or does not possess a
valid driver's license or the required registration to operate a motor vehicle.
Proposed law prohibits a driver from accepting a trip for compensation if it is not arranged
through the company's digital network.
Proposed law requires a company to adopt a nondiscrimination policy with respect to riders
and potential riders and to inform its drivers of this policy. Proposed law requires the drivers
to comply with all applicable nondiscrimination laws and all applicable laws relating to the
transporting of service animals.
Proposed law prohibits a company from imposing any additional charges for providing
services to persons with physical disabilities.
Proposed law requires a company to keep individual trip records and individual driver
records for three years after each trip or dissolution of a relationship with a driver.
Proposed law provides requirements and procedures for an audit of a company by the
department. Specifies that the audit procedures are to include the right by the department
to visually inspect a sample of records, pertaining up to fifty drivers, that the company is
required to maintain. Proposed law further provides that if the department has a reasonable
basis to conclude that the company is not in compliance with the requirements of present law
after initial review, the department may conduct a supplemental audit of records for an
additional selection of drivers at a location in Baton Rouge; the identity of specific drivers
or riders may be excluded from the records.
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Proposed law authorizes the department to inspect records held by the company that are
necessary to investigate and resolve a specific complaint against a driver or the company.
Requires the inspection to take place at a mutually agreed upon place by the department and
the company. Specifies that the identity of a driver or rider may be excluded unless it is
relevant to the complaint.
Proposed law provides that any records inspected by the department pursuant to proposed
law are designated confidential, are not subject to disclosure to a third party, and are exempt
from disclosure pursuant to the Public Records Law provided for in present law. Proposed
law provides an exclusion from this designation if such records do not include information
that is otherwise designated confidential or exempted pursuant to the Public Records Law
provided for in present law, or as limiting the applicability of any other exemption under the
Public Records Law provided for in present law.
Proposed law authorizes a local governmental subdivision to impose a fee of up to one
percent of the gross trip fare for each covered intrastate prearranged ride. Further provides
that the local governmental subdivision may impose such a fee by passing an ordinance that
imposes the fee on each company permitted by the department in accordance with present
law.
Proposed law provides that municipality's fee applies only to covered intrastate prearranged
rides originating within the incorporated limits of a municipality, and that a parish's fee
applies only to covered intrastate prearranged rides originating within the unincorporated
portions of the parish.
Proposed law requires a local governmental subdivision to provide written notice to each
company at least 30 days prior to an initial hearing, reading, or consideration of an ordinance
imposing a fee pursuant to proposed law. Further provides that a local governmental
subdivision must also provide written notice within 10 days of the passage of any ordinance
imposing a fee pursuant to proposed law, and such ordinance cannot go into effect until at
least 60 days after passage of the ordinance.
Proposed law requires a company to collect the fee on behalf of the drivers and remit the
total fee to the local governmental subdivision on a quarterly basis within 30 days of the end
of the calender quarter.
Proposed law grants the department sole audit authority with respect to the fees remitted by
a company to a local governmental subdivision; requires a company to keep accurate books
and records reflecting its accounting and payment of fees; and upon reasonable prior written
request, no more than annually, authorizes the department to audit a company's books and
records relating to its accounting and payment of fees to the local governmental subdivision,
with the audit limited to a single calender year, which may be chosen by the department.
Proposed law provides that if the department has not undertaken an audit for a local
governmental subdivision within the prior one-year period, and the local governmental
subdivision has a reasonable basis to suspect underpayment, the local governmental
subdivision must request that the department initiate an audit pursuant to proposed law, and
if underpayment is over one percent, requires the company to remit the underpaid fees to the
local governmental subdivision within 30 days.
Proposed law provides that it is the intent of the legislature to provide for the uniformity of
laws to govern transportation network companies, along with any rules promulgated by the
department. Further provides restrictions to the governing authorities relating to taxing a
company, requiring a company to acquire a local business license or other type of
authorization to operate, or subject a company to any rate, entry, operation or other
requirement except as provided for in proposed law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-1589 ORIGINAL
HB NO. 749
Proposed law provides insurance requirements, such as requiring a policy of insurance be
placed with an authorized insurer or with a surplus lines insurer pursuant to present law that
has a rating of no less than A- from A.M. Best or an A from Demotech, Inc. or a similar
rating from another rating agency recognized by the Dept. of Insurance.
Effective July 1, 2018.
(Amends R.S. 44:4.1(B)(30) and R.S. 45:201.4(6) and 201.6(G)(2); Adds R.S. 45:202
through 216)
Page 15 of 15
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.