La. Rev. Stat. § 45:1364.1 — LA Code / Code revised-statutes / Title 45 / Section 1364.1
Filing Methods
Status: in_force

A.(1) The secretary of state may accept any filing authorized in Chapter 10-A of this Title by electronic, online, or facsimile transmission. All online filings authorized pursuant to the provisions of this Section shall include an electronic signature.

(2) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(3) "Online" means through the secretary of state's commercial online computer system.

B. Filing by facsimile. Printed documents transmitted through the process of an electronic method to the secretary of state are deemed to be properly signed when the document received by a facsimile machine or document image attachment in email by the commercial division, office of the secretary of state, purports to be a copy of the original document and contains the signatures required in this Section.

C.(1) Online filing. The secretary of state is authorized to implement and establish procedures and systems for secure online form filing for the filing of any instrument required to be filed with the secretary of state pursuant to the provisions of this Chapter.

(2) Any provision that requires an instrument filed pursuant to the provisions of this Chapter to be subscribed or acknowledged before a notary public may be dispensed with if the instrument is filed and signed electronically as provided in Paragraph (A)(2) of this Section by a person authorized to sign the instrument.

(3) Notwithstanding the provisions of this Section, any filing filed by an individual from a parish with a population of one hundred thousand or less according to the latest federal decennial census may be filed by facsimile transmission or mail.

D. Notwithstanding the provisions of this Section, any filing authorized by Chapter 10-A of this Title that the secretary of state has the capability to accept online shall only be filed online.

Acts 2016, No. 554, §3, eff. Jan. 1, 2018.
La. Rev. Stat. § 45:1176 — LA Code / Code revised-statutes / Title 45 / Section 1176
Investigations as to reasonableness of rates; operating expenses
Status: in_force

The commission and any parochial or municipal body having similar powers in the fixing of just and reasonable rates charged or to be charged by public utilities, shall investigate the reasonableness and justness of all contracts, agreements and charges entered into or paid by such public utilities with or to other persons, whether affiliated with such public utilities or not, and shall have the power to disallow as an operating expense of any public utility such part of the amount so paid by it under any such contract or agreement as the commission or parochial or municipal body may find, after hearing, to be unjust or unreasonable and designed for the purpose of concealing, abstracting or dissipating the net earnings of the public utility.
La. Rev. Stat. § 45:351 — LA Code / Code revised-statutes / Title 45 / Section 351
Right of way over state land
Status: in_force

Any person, desiring to build or extend a railroad in Louisiana, shall have the right of way, not exceeding two hundred feet in width, over any land belonging to the state, through which such road, or any branch, tap or extension thereof may pass, for the purpose of constructing, maintaining and running any railroad or any tap, branch or extension.
La. Rev. Stat. § 45:1368 — LA Code / Code revised-statutes / Title 45 / Section 1368
Prohibition against build-out requirements
Status: in_force

No franchising authority, state agency, or political subdivision of the state shall impose any build-out requirements for construction of a cable system or wireline facilities used to distribute video programming services or for cable service or video service deployment on a holder of a certificate, subject to the provisions of Title 48 of the Louisiana Revised Statutes of 1950.

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:786 — LA Code / Code revised-statutes / Title 45 / Section 786
Suit for error, delay or failure to deliver message; prescription; notice of claim
Status: in_force

Suits for damages against telegraph companies arising from any error in the transmission of the message, delay in delivery or the failure to deliver the message, may be brought at any time within one year from the date of the act complained of, if notice to the company of the claim is presented in writing within four months after the telegram is filed for transmission.
La. Rev. Stat. § 45:1372 — LA Code / Code revised-statutes / Title 45 / Section 1372
Emergency alert services
Status: in_force

A holder of a state-issued certificate of franchise authority shall comply with the federal Emergency Alert System regulations, as applied by the Federal Communications Commission.

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:1314 — LA Code / Code revised-statutes / Title 45 / Section 1314
Board of directors of the corporation
Status: in_force

A. The governing body of the corporation shall be a board of directors that shall consist of the following seven members, who shall be representative of the state's diverse population as near as practicable:

(1) Two representatives, appointed by the governor, who shall have a background and significant experience in financial affairs.

(2) The state treasurer, or an employee of the Department of the Treasury as his designee.

(3) The chairperson of the House Committee on Commerce, or a member of that committee designated by the chairperson.

(4) The chairperson of the Senate Committee on Commerce, Consumer Protection and International Affairs, or a member of that committee designated by the chairperson.

(5) The secretary of the Public Service Commission, or an employee of the Public Service Commission as his designee.

(6) The president of the council of the city of New Orleans, a member of the council designated by the president, or a designee of the president who shall have a background and significant experience in financial affairs.

B. The members of the board appointed by the governor shall serve at the pleasure of the governor. If any person shall cease to serve in any one of the offices specified in Paragraph (2), (3), (4), (5), or (6) of Subsection A of this Section, that person shall thereby cease to be a member of the board of the corporation, and that person's successor in office shall automatically, and without the necessity of further action by anyone, become a member of the board of the corporation. Notwithstanding R.S. 12:224(B) to the contrary, no board member shall be limited as to the amount of years he may serve on the board.

C. The quorum necessary for transaction of business is hereby established as four members of the board in attendance. All official action of the governing body shall require the favorable vote of a majority of the board members present and voting at any meeting.

D. The members of the board, including those who are officers of the corporation, shall receive no salary, but each member shall be reimbursed for necessary travel and other expenses actually incurred while in attendance at the meetings of the board or on business for the board in accordance with state travel regulations.

E. Except for elected officials who serve on the board, the members of the board shall be confirmed by the Senate. Should any elected official designate a member who is not an elected official, that designee shall be confirmed by the Senate. Members appointed when the Senate is not in session shall serve only until the end of the next regular session, unless confirmed by the Senate. Should the Senate refuse to confirm a member appointed in the interim, then such person shall forfeit the office as of the date on which the Senate refuses to confirm that person.

F. The governing body shall elect from its members annually a chairman, who shall serve as president of the corporation, and a secretary-treasurer of the corporation and may elect one or more vice presidents from its members. The governing body may delegate its powers to the chairman, the secretary-treasurer, or committees of the board, with such standards for the exercise of delegated powers as the governing body may specify and may, to the extent consistent with the rights of financing parties, revoke any such delegation.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:1165 — LA Code / Code revised-statutes / Title 45 / Section 1165
Railroads; powers of commission
Status: in_force

The commission shall require and compel railroad companies and corporations, operating and doing business in Louisiana, to establish stations for passengers and freight, wherever reasonably necessary and convenient; to construct and maintain suitable and safe cattle guards, wherever reasonably required. The commission shall require any person, operating a railroad in Louisiana, upon the application of any shipper tendering traffic for transportation, or any lateral, or branch line of railroad, or any intersecting railroad, or other interested party, to construct, maintain and operate, upon reasonable terms, a switch connection with any such lateral, branch line of railroad, intersecting railroad, or any private switch track or spur track which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of same. The commission shall also require any person operating a railroad in Louisiana, when such connections are made, to furnish cars for the movement of the traffic to the best of their ability and without discrimination, in accordance with the rules and regulations adopted and prescribed by the commission.
La. Rev. Stat. § 45:1366 — LA Code / Code revised-statutes / Title 45 / Section 1366
Franchise fee
Status: in_force

A. The holder of a certificate may be required, pursuant to an ordinance adopted by the local governmental subdivision, to pay a franchise fee equal to a specified percentage of such holder's gross revenues received from the provision of cable service or video service to subscribers located within the municipality or unincorporated areas of the parish and from advertising disseminated through cable service or video service and home shopping services as allocated under Subsection D of this Section. The fee shall not exceed five percent of the holder's gross revenues. The fee shall be uniformly applied to all holders of a state-issued certificate of franchise authority within the local governmental subdivision. The local governmental subdivision shall provide a copy of the enabling ordinance to the holder of a certificate as a condition to receiving any franchise fee payments. As a condition precedent to a certificate holder's obligation to pay a franchise fee established or changed pursuant to this Section, the local governmental subdivision shall provide each certificate holder with a copy of each rate change notification at least forty-five days in advance of the effective date of the rate change.

B. The holder of a certificate shall pay to the local governmental subdivision quarterly the aggregate amount of the franchise fees payable under this Section. Each payment shall be made within forty-five days after the end of the preceding quarter for which payment is being made and shall be accompanied by a statement showing the certificate holder's gross revenues attributable to the local governmental subdivision for that quarter.

C. Any supporting statements shall be confidential and exempt from disclosure as proprietary and trade secret information under any provision of state law.

D. The amount of a cable service provider's or video service provider's non-subscriber revenues from advertising disseminated through cable service or video service and home shopping services that is allocable to a local governmental subdivision is equal to the total amount of the cable service provider's or video service provider's revenue received from such advertising and home shopping services multiplied by the ratio of the number of subscribers in such municipality or in the unincorporated area of such parish on the preceding January first to the total number of subscribers receiving cable service or video service from the cable service provider or video service provider on that date.

E. The holder of a certificate may designate that portion of a subscriber's bill attributable to any franchise fee imposed pursuant to this Chapter and recover such amount from the subscriber as a separate line item on the bill.

F. No local governmental subdivision shall levy any tax, license, fee, or other assessment on a cable service provider or video service provider for or in connection with the use of public rights of way other than the franchise fee authorized by this Section or fee authorized by R.S. 45:1370 or a cable franchise fee or other fee imposed upon a cable service provider or video service provider in an existing franchise prior to August 15, 2008. No local governmental subdivision shall levy any other tax, license, fee, or other assessment on a cable service provider or video service provider or its subscribers, which is not generally imposed and applicable to a majority of all other businesses. Nothing in this Subsection shall restrict the right of any local governmental subdivision to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within such local governmental subdivision.

G. The certificate franchise fee authorized by this Section shall be in lieu of any permit fee, encroachment fee, degradation fee, inspection fee, or other fee assessed by a local governmental subdivision on a certificate holder for occupation of or work within its public rights of way.

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:313 — LA Code / Code revised-statutes / Title 45 / Section 313
Uniform standards not applicable to existing facilities; exceptions
Status: in_force

The uniform standards provided for in this Part shall not be applicable to pipeline facilities in use on the date such standards are adopted, provided however, when, the commission, after notice and hearing, shall find a particular facility which is in use on the date of the adoption of such standards to be hazardous to life or property, the commission shall be empowered to require the public utility operating such facility to take such steps necessary to remove such hazard.

Added by Acts 1968, No. 81, §1.
La. Rev. Stat. § 45:1166.1 — LA Code / Code revised-statutes / Title 45 / Section 1166.1
Transfer of long distance services; suits for damages
Status: in_force

A. No interexchange carrier, as that term is used in 47 CFR 64.1100, and no local exchange carrier, as that term is used in Section 3(26) of the Communications Act of 1934, as amended, shall transfer a long distance service customer to another long distance service provider until the order has first been confirmed in accordance with one of the following procedures:

(1) The interexchange carrier or local exchange carrier has obtained the customer's written authorization on forms prescribed by the Public Service Commission.

(2) The interexchange carrier or local exchange carrier has obtained the customer's electronic authorization, placed from the telephone number or numbers on which the primary interexchange carrier is to be changed, to submit the order that confirms the information to confirm the authorization.

(3) An appropriately qualified and independent third party operating in a location physically separate from the telemarketing representative has obtained the customer's oral authorization to submit the interexchange carrier's or local exchange carrier's change order that confirms and includes appropriate verification data, including but not limited to the customer's date of birth or social security number.

(4) Within three business days of the customer's request for an interexchange carrier or local exchange carrier change, the provider must send each new customer an information package by first class mail containing at least the following information concerning the requested change:

(a) The information is being sent to confirm a telemarketing order placed by the customer within the previous week.

(b) The name of the customer's current long distance provider.

(c) The name of the newly requested long distance provider.

(d) A description of any terms, conditions, or charges that will be incurred.

(e) The name of the person ordering the change.

(f) The name, address, and telephone number of both the customer and the soliciting long distance provider.

(g) A postpaid postcard which the customer can use to deny, cancel, or confirm a service order.

(h) A clear statement that the customer must return the postcard confirming the service order before the customer's long distance service can be switched.

(i) The name, address, and telephone number of a contact point at the Public Service Commission for consumer complaints.

(j) The interexchange carrier or local exchange carrier must wait fourteen days after the form is mailed to the customer before submitting his provider change order. If the customer has canceled his order or has not returned his postcard during the waiting period, the long distance provider shall not submit the customer's change order.

B.(1) Complainants whose long distance telephone services have been illegally transferred may file a petition for damages equal to three times the amount of damages incurred by the complainant when his long distance services were illegally transferred.

(2) The action may be brought in the district court having civil jurisdiction in any parish in which the complainant resides or is domiciled, or in which is located the principal operating office of the carrier, or in any parish in which the carrier did business, or, with consent of the parties, in the district court of the parish where the state capitol is located. In the event that the carrier was located outside of the state but was soliciting in the state by mail, telephone, or any electronic communication, the action may be brought in the district court having civil jurisdiction in the parish in which the contact was made.

(3) Any finding and order of the commission, as provided for in this Part, shall be prima facie evidence of the facts contained in its finding. The court may award reasonable attorney fees and costs.

(4) Interexchange carriers and local exchange carriers based in the state of Louisiana that own switching, transmission, and distribution facilities that are used to facilitate telecommunications shall not be subject to causes of action instituted pursuant to this Subsection.

Acts 1999, No. 1242, §1.
La. Rev. Stat. § 45:1337 — LA Code / Code revised-statutes / Title 45 / Section 1337
Permitted use of funds
Status: in_force

A. A trust shall perform only those functions consistent with and effectuate only the purposes set forth in this Subpart. A trust shall acquire and subscribe for preferred interests of a utility affiliate using all of the contributed proceeds of system restoration bonds received from the corporation as settlor. Notwithstanding the provisions of R.S. 45:1318(C)(5)(a), a financing order issued under this Subpart shall require the corporation to transfer the net proceeds of the system restoration bonds it receives, pursuant to R.S. 45:1318(C)(3), to a trust whose beneficiary is the related utility that is collecting the applicable system restoration charges. A financing order shall require that trust to use those contributed proceeds as provided in this Subsection, shall require that trust to use the distributions in respect of the purchased preferred interests as provided in Subsection C of this Section, and shall require that the trust be subject to the express conditions and requirements set forth in the financing order described in Subsection B of this Section.

B. A financing order issued under this Subpart shall include the related utility's commitment that, upon receipt of the purchase proceeds by the utility affiliate, the related utility shall fully release any claims or rights to recover the system restoration costs approved by that financing order, to the extent of such related bonds' proceeds, from any of its commission-jurisdictional customers, and shall set aside in a restricted reserve account, in an amount and manner required by the commission, any monies or investments used to fund the utility's storm damage reserve. The primary purpose of this Subpart is to serve the public good and to benefit the public as a whole as part of a regulatory program that is intended to minimize the rates charged by utilities and to strengthen the financial position of utilities that have restored and rebuilt their systems after storms. The purchase proceeds are not payments for any electric or gas service provided by the related utility to any person and are not payments in the nature of insurance, or otherwise as direct compensation for losses by the related utility from storms. Instead, the purchase proceeds are made in exchange for the preferred interests, the dividend income, and redemption payments attributable thereto and for the related utility's obligations set forth in the financing order.

C. A trust shall pay distributions, whether dividend income, redemption payments, or otherwise, in respect of the preferred interests only to the beneficiaries of the trust, shared between the beneficiaries, as specified in the approved trust agreement, or when applicable, to a permitted pledgee, and for expenses permitted by R.S. 45:1338(D). A trust may cause the periodic redemption of the preferred interests only as provided in the approved trust agreement. The terms and attributes of the preferred interests purchased by a trust shall be approved by the commission in a financing order or by the use of an approval method provided in a financing order.

D. System restoration bonds issued pursuant to a financing order under this Subpart shall not be debt of a trust. System restoration bonds shall be nonrecourse to the credit or any assets of a trust, other than the trust's obligation to distribute proceeds to the corporation or a pledgee as specified in the trust agreement and pursuant to the pledge by the corporation to the issuer of the related bonds as security for repayment of a loan to the corporation by the issuer. The terms of the indenture, and other financing documents pertaining to system restoration bonds issued pursuant to this Subpart shall be consistent with this Section.

Acts 2021, No. 293, §3, eff. June 14, 2021.
La. Rev. Stat. § 45:714 — LA Code / Code revised-statutes / Title 45 / Section 714
Certification by employers
Status: in_force

The provisions of R.S. 45:711 through 45:715 shall not apply to motormen or conductors possessing written evidence of their qualifications and length of service from their last employers, which qualification must not be less than set out in R.S. 45:711.
La. Rev. Stat. § 45:1374 — LA Code / Code revised-statutes / Title 45 / Section 1374
Local governmental authority
Status: in_force

A. A local governmental subdivision's authority to regulate the holder of a certificate is limited to the following items:

(1) A requirement that the holder of a certificate which is providing cable service or video service within the local governmental subdivision register with the local governmental subdivision and maintain a current point of contact.

(2) The establishment of reasonable guidelines regarding the use of PEG access programming streams or channels.

B. A local governmental subdivision shall allow the holder of a certificate to install, construct, and maintain a network within public rights of way and shall provide the holder of a certificate with open, comparable, nondiscriminatory, and competitively neutral access to the public rights of way. If during the installation, construction, or maintenance of said network, the holder disturbs any public right of way, the holder shall replace and restore the public right of way to a condition reasonably comparable to the condition of the public right of way existing immediately prior to such disturbance. All use of public rights of way by the holder of a certificate is nonexclusive, and a local governmental subdivision may not discriminate against the holder of a certificate regarding any of the following items:

(1) The authorization or placement of a network in public rights of way.

(2) Access to a building or other property.

(3) Utility pole attachment terms.

C. Nothing contained in this Chapter shall impair the lawful exercise of existing police powers of the local governmental subdivisions in which cable service or video service is delivered, including but not limited to the right to require construction permits and utility pole attachment agreements.

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:168 — LA Code / Code revised-statutes / Title 45 / Section 168
Consideration to shipper prohibited; rebates; deviation from rate prescribed by commission; penalties
Status: in_force

A. No motor carrier, owner of a certificate or permit, his agent or employee, directly or indirectly, shall offer, permit, or give to any person, directly or indirectly, any commission or other consideration to induce such person to deliver property to be transported; nor shall any shipper, consignee, his agent, or employee receive from any motor carrier, directly or indirectly, any commission or consideration as an inducement to secure the transportation of any property.

B.(1)(a) It shall be unlawful for any motor carrier operating under the jurisdiction of the Louisiana Public Service Commission to charge, demand, collect, or receive a greater, lesser, or different compensation for transportation or for any service in connection therewith between the points enumerated in such tariffs or contracts than the rates, fares, and charges specified in the tariffs or contracts in effect; and

(b) No such carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent or broker or otherwise, any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities for transportation in intrastate commerce; and

(2) Likewise it shall be unlawful for any shipper or consignee or his agent, servant, representative, or employee to ask for or receive a greater, lesser, or different compensation for transportation or for any service in connection therewith between the points enumerated in such tariffs or contracts than the rates, fares, and charges specified in the tariffs or contracts in effect.

C. REPEALED BY ACTS 1990, NO. 165, §2.

D. Each transaction proscribed in this Section shall constitute a separate offense.

Acts 1960, No. 450, §1; Acts 1984, No. 819, §1; Acts 1990, No. 165, §2.
La. Rev. Stat. § 45:1335 — LA Code / Code revised-statutes / Title 45 / Section 1335
Mode of creation; acceptance of beneficial interests; amendments
Status: in_force

A. A trust shall be created, organized, structured, and empowered by a written instrument, which shall be in accordance with this Subpart. A trust agreement shall be subscribed by the corporation as settlor by authentic act or by act under private signature executed in the presence of two witnesses and duly acknowledged by the settlor or by the affidavit of one of the attesting witnesses. A trust agreement shall become effective upon acceptance by the trustee and the beneficiaries as provided in this Section. A trust's existence as a juridical person begins, and the trust is duly organized, when its trust agreement becomes effective, even if no property is contributed to that trust until a later time. Upon effectiveness, a trust agreement shall be and constitute a binding contract among the corporation as settlor, the beneficiaries, and the trustee, for the acceptance of the beneficial interests in the trust by the designated beneficiaries, and the application of the proceeds of the trust property and its operation for the purposes and in accordance with the stipulations of the approved trust agreement. A trust agreement shall not be an ancillary agreement as defined in R.S. 45:1312.

B. Before the execution of a trust agreement, that instrument shall be approved by the commission in a financing order, or by the use of an approval method provided in a financing order.

C. Before a trust agreement and a trust become effective, the trust agreement shall be accepted by the trustees and the beneficiaries. The trustee may accept the trust in the trust agreement, or in a separate written instrument within a reasonable amount of time after the trust agreement's execution. Each beneficiary may accept the trust in the trust agreement or by written acceptance of the beneficial interest endorsed thereon. The corporation settlor and the related utility shall be the trust's only beneficiaries.

D. Promptly after a trust agreement takes effect, the trust agreement, together with any separate written acceptances, shall be recorded in the conveyance records of the clerk of court of the parish of East Baton Rouge.

E. A trust agreement may be modified, amended, terminated, or rescinded only with the express approval of the commission, the corporation, the beneficiary-related utility, and its trustee. Each amendment to a trust agreement shall be recorded in the conveyance records of the clerk of court of the parish of East Baton Rouge.

F. A trust shall have duration for the term specified in the trust agreement. Notwithstanding any provisions of the trust agreement or the provisions of Subsection E of this Section, no termination, rescission, rehabilitation, liquidation, or dissolution of a trust shall take effect as long as any of the related bonds are outstanding. Upon termination, the trustee shall file a certificate of termination of the trust agreement in the conveyance records of the clerk of court of the parish of East Baton Rouge.

G. Each trust agreement shall establish a name for its trust that is distinguishable from the name of every other trust previously created by the corporation and from the name of any entity registered with the secretary of state. The name shall not imply that the trust is a political subdivision or an administrative agency of this state.

Acts 2021, No. 293, §3, eff. June 14, 2021.
La. Rev. Stat. § 45:1163.2 — LA Code / Code revised-statutes / Title 45 / Section 1163.2
Establishment of rates
Status: in_force

A. The industrial base of the state of Louisiana, upon which the economy of the state is heavily dependent, is highly energy-intensive, and the rise in the cost of electric power and competition from industries located outside the state where electric service is offered at significantly lower rates threatens the continued viability of those depressed energy-intensive industries in Louisiana. The legislature finds and declares that it is essential to the continued growth and development of the state and to the continued employment, prosperity, and welfare of the people of the state that such depressed energy-intensive industries now located in the state be encouraged to remain in operation in Louisiana. It is the purpose of this Section to encourage the retention of such industries, and the substantial number of jobs that they provide, by requiring the establishment of a rate structure for the provision of electric service that, together with other cost factors, may permit such industries in Louisiana to remain competitive with comparable industries located outside of the state.

B.(1) The Public Service Commission shall require all electric public utilities which provide or have provided service to a certified depressed energy-intensive industry to prepare and file alternative rate tariffs for firm and off-peak electric service to the depressed energy-intensive industry within thirty days of that certification. Since the generating investment at the time these industries located in the state was in gas and oil-fired generating facilities, the rate to be charged to depressed energy-intensive industry shall be based solely upon oil and/or gas-fired generation, and the monthly firm rate shall not exceed three dollars and fifty cents per kilowatt, in addition to the fuel cost, and the monthly off-peak rate shall not exceed one dollar and fifty cents per kilowatt, in addition to the fuel cost and both rates shall be subject to approval of the commission.

(2) The fuel costs for firm service to depressed energy-intensive industries shall be determined in a manner similar to that used in determining the average fuel costs in the utility company's monthly fuel adjustment filings with the commission, but shall be the actual fuel costs of its oil and gas-fired generation for delivery within the state and any purchases of economy energy for its customers within the state. The fuel cost for off-peak service shall be the actual fuel costs of its oil and gas-fired generation for delivery within the state and any purchases of economy energy for its customers within the state during such off-peak hours.

C. Electric service may be provided at such rate for an initial term of no more than five years and may be renewed upon certification by the Board of Commerce and Industry and with the consent of the governor for an additional five years.

D. An industry may qualify as a "depressed energy-intensive industry" if the Board of Commerce and Industry, after hearing conducted pursuant to the Administrative Procedure Act, certifies that the industry applying therefor meets each of the following requirements:

(1) The applicant industry verifies that the expense of electricity and natural gas utilized for facility power requirements and not for feedstock purposes to its Louisiana facility exceeds thirty-three percent of the total cost of the product or products manufactured at such facility.

(2) The applicant industry verifies that the amount of electricity or natural gas consumed for facility power requirements and not for feedstock purposes at the facility is in excess of one billion BTUs in a peak hour per month and that the ratio of hourly peak demand is not in excess of three million BTUs per employee. For the purposes of this Paragraph, one kilowatt hour of electrical energy is deemed equivalent to ten thousand BTUs and one thousand cubic feet of gas is deemed equivalent to one million BTUs.

(3) The applicant industry verifies that its Louisiana facility has been substantially curtailed for a period of at least twelve months prior to June 1, 1984 resulting in the loss of direct employment at that single facility in excess of one thousand regular employees and that qualifying as a depressed energy-intensive industry for purchase of energy available to such qualifying industry would substantially aid in the reopening of or the preclusion of closure of such facility.

(4) The accounting procedure for allocation of costs to the Louisiana facility of the applicant is certified by the Board of Commerce and Industry, and the applicant agrees that based upon that method of allocation, twenty-five percent of any net profit after taxation realized by that Louisiana facility on an annual fiscal basis subsequent to the receipt of energy available to certified depressed energy-intensive industries will be utilized for and dedicated to capital improvements to the Louisiana facility in question.

E. Louisiana Economic Development shall review the application of any industry wishing to qualify as a depressed energy-intensive industry to determine whether the requirements set forth above have been satisfied and shall make recommendations with respect thereto to the Board of Commerce and Industry. If the Board of Commerce and Industry concurs in the recommendation of Louisiana Economic Development and has concluded pursuant to hearing that the applicant has made the appropriate verifications required by Subsection D of this Section, the board shall notify the mineral board and the Public Service Commission. Upon certification to the Public Service Commission, the depressed energy-intensive industry shall qualify for provision of electric service pursuant to the rate and conditions set forth above.

F. The cost of fuel or purchased power for sale to depressed energy-intensive industry not otherwise reimbursed or recouped pursuant to implementation of the rate tariff set forth above may not be recovered from any other class of customer or from any other rate payer of the electric public utility in question pursuant to its monthly fuel adjustment clause filings with the Public Service Commission.

Acts 1984, No. 202, §1.
La. Rev. Stat. § 45:201.9 — LA Code / Code revised-statutes / Title 45 / Section 201.9
Proof of insurance
Status: in_force

A transportation network company driver shall carry written or digital proof of coverage satisfying R.S. 45:201.6 with him at all times during his use of a vehicle in connection with a transportation network company's digital network. In the event of an accident, a transportation network company driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers, upon request pursuant to R.S. 32:863.1. Upon such request, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers, whether he was logged on to the transportation network company's digital network or on a prearranged ride at the time of an accident.

Acts 2015, No. 266, §1, eff. Jan. 1, 2016.
La. Rev. Stat. § 45:1166 — LA Code / Code revised-statutes / Title 45 / Section 1166
Telegraphs and telephones; service; power of commission; indecent telephone calls; emergency cutting, rerouting or diverting of telephone lines; solicitation calls, request not to receive; long distance services
Status: in_force

A. The commission shall require and compel all persons engaged in doing a telegraph or telephone business to establish telegraph offices or public telephone stations along existing lines, wherever they may be reasonably necessary and convenient, for the purpose of receiving and delivering messages and conversation to be transmitted by telegraph or telephone. The commission shall require and compel all persons engaged in doing a telegraph or telephone business to deliver promptly all messages to be sent or transmitted by them. The commission also shall adopt all reasonable and just rules, regulations and orders affecting or connected with the service and operation of such business.

B. The commission may promulgate such rules as are necessary to authorize all persons engaged in doing a telephone business to cooperate with police in the interception of indecent telephone calls and the apprehension of those persons making them. The commission shall not make any rules or regulations under the provisions of this subsection which conflict with the federal wire tapping laws or with federal regulations made under such laws.

C. When any common carrier, subject to the jurisdiction of the Louisiana Public Service Commission, is notified in writing by a federal, state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or has been used for the purpose of transmitting or receiving gambling information in violation of federal, state, or local law, and an arrest has been made in connection therewith, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a federal court or in a state or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

D. Any chief law enforcement officer having jurisdiction in the parish or municipality in which hostages are being held who has probable cause to believe that the holder of one or more hostages is committing a crime shall have the authority to order a previously designated telephone company security employee to arrange to cut, reroute, or divert telephone lines in any emergency in which hostages are being held, for the purpose of preventing telephone communication by the holder of such hostages with any person other than a law enforcement officer or a person authorized by the law enforcement officer.

Each telephone company shall designate a telephone company security employee and an alternate in each parish served by the company to provide all required assistance to law enforcement officers to carry out the purposes of this Subsection.

Good faith reliance on any order issued by a chief law enforcement officer shall constitute a complete defense to any action for damages including those brought against the telephone company, or any of its officers, directors, employees, or agents, as a result of the cutting, rerouting, or diverting of telephone lines.

E. Each local exchange telephone company shall provide to its subscribers at least once a year through an insert included in a billing statement or other means the name and address, which name and address shall be printed in boldface type, to which subscribers may write to request not to receive telephone solicitation calls.

F. Repealed by Acts 1999, No. 1242, §2.

Acts 1962, No. 314, §1; Acts 1970, No. 674, §1; Acts 1979, No. 346, §1; Acts 1990, No. 707, §1; Acts 1997, No. 1005, §1; Acts 1999, No. 1242, §2.
La. Rev. Stat. § 45:381 — LA Code / Code revised-statutes / Title 45 / Section 381
Mortgages; power of company generally; property covered
Status: in_force

Any railroad company established under the laws of Louisiana in order to secure the payment of any obligation contracted by it for the construction of the road, may mortgage their road, in whole or in part; and this mortgage, if given on the entire road, shall bear upon the entire road although it is not completed at the time the mortgage was executed; and this mortgage may also be executed to bind the appurtenances of the road, its warehouses, depots, water stations, locomotives, and the like.
La. Rev. Stat. § 45:1174 — LA Code / Code revised-statutes / Title 45 / Section 1174
Security issues; no guarantee on part of state
Status: in_force

Nothing in R.S. 45:1168 through 45:1175 shall imply any guarantee or obligation on the part of the state in respect of any securities to which the provisions of these Sections relate.
La. Rev. Stat. § 45:1132 — LA Code / Code revised-statutes / Title 45 / Section 1132
Bonds; by whom authorized
Status: in_force

Bonds issued under this Part shall be authorized by resolution of the governing body and shall be payable solely from the income and revenues to be derived from the operation of the utility as hereinafter provided. These bonds shall not constitute an indebtedness or pledge of the general credit of the political subdivision within the meaning of any constitutional or statutory limitation of indebtedness and shall contain a recital to that effect.
La. Rev. Stat. § 45:1320 — LA Code / Code revised-statutes / Title 45 / Section 1320
Sale of property
Status: in_force

The sale and assignment of system restoration property is governed by this Section. All of the following shall apply to a sale and assignment under this Section:

(1) The sale of system restoration property by the corporation to an issuer that the parties have in the governing contract expressly stated to be a sale is an absolute transfer and true sale of, and not a security interest in, the transferor's right, title, and interest in, to, and under the system restoration property. For all purposes, the parties' characterization of a transaction as a sale of an interest in system restoration property shall be conclusive that the transaction is a true sale and that ownership has passed to the issuer characterized as the purchaser, regardless of whether the issuer has possession of any documents evidencing or pertaining to the interest. After such a transaction, such system restoration property is not subject to any claims of the corporation or the corporation's creditors, other than creditors holding a prior security interest in that system restoration property perfected in accordance with this Part.

(2) The characterization of the sale and assignment as a true sale or other absolute transfer under Paragraph (1) of this Section and the corresponding characterization of the issuer's property interest shall be determinative and conclusive irrespective of, and is not affected or impaired by, the existence of any of the following circumstances:

(a) Commingling of amounts arising with respect to the system restoration property with other amounts.

(b) The retention by the corporation of an entitlement to any surplus in the system restoration property.

(c) The utility acting as the collector of the system restoration charges.

(d) The contrary or other treatment of the sale and assignment, for tax, financial reporting, or other purposes.

(e) The granting or providing to holders of the system restoration bonds of a preferred right to the system restoration property, or credit enhancement with respect to the system restoration bonds.

(3) The ownership of an interest in system restoration property is voluntarily transferred by a contract between the owner and the assignee that purports to transfer the ownership of that interest. Unless otherwise provided, the transfer of ownership takes place between the parties as soon as there is written agreement on the interest, the purchase price is fixed, and the financing order has been issued. Such transfer shall be perfected and take effect against all third parties, including without limitation subsequent lien creditors when the transfer has become effective between the parties and when the pertinent utility collecting the system restoration charge has been given notice of the sale or assignment. Delivery of such an interest in system restoration property shall take place by operation of law upon such notice.

(4) The giving of notice to the pertinent utility shall be the only method of perfecting a sale or assignment of system restoration property. The sale or assignment of an interest in system restoration property perfected by such notice is effective against the customers owing payment of the system restoration charges, creditors of the transferor, subsequent transferees, and all other third persons, notwithstanding the absence of actual knowledge of or notice to the customers of the utility of the sale or assignment.

(5) The priority of the conflicting ownership interests of assignees in the same interest or rights in any system restoration property is determined as follows:

(a) Conflicting perfected interests or rights of assignees rank according to priority in time of perfection by notice.

(b) A perfected interest or right of an assignee has priority over a conflicting unperfected interest or right of an assignee.

(c) A perfected interest or right of an assignee has priority over a person who becomes a lien creditor after the perfection of such assignee's interest or right.

(6) The priority of a sale or assignment perfected under this Section is not impaired by any later modification of the financing order or system restoration property or by the commingling of funds arising from system restoration property with other funds. Any other security interest that may apply to those commingled funds shall be terminated when those funds are transferred to a segregated account for the assignee or a financing party. If system restoration property has been transferred to an assignee or financing party, the utility or other person serving as collection agent shall hold any proceeds of that property as a mandatary and fiduciary and deliver such proceeds to the assignee or financing party.

(7) No customer of a utility owing payment of a system restoration charge may, by agreement with the utility or otherwise, prohibit, restrict, or require the consent of such customer to the assignment, pledge, or transfer of the system restoration charge.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:787 — LA Code / Code revised-statutes / Title 45 / Section 787
Stipulations for shorter prescription or notice to be void
Status: in_force

All printed or written stipulations contrary to R.S. 45:786 attempting to provide a shorter prescription period, or attempting to limit liability to cases in which written demand has been made within a shorter period than four months after the telegram is filed with the company for transmission are void.
La. Rev. Stat. § 45:185 — LA Code / Code revised-statutes / Title 45 / Section 185
Operators' certificates
Status: in_force

Operators of service cars must procure from the police jury of the parish in which they reside, certificates as to their ability and skill to operate service cars, and also show their physical fitness and proper eyesight and hearing by a sworn certificate of a reputable physician, which certificates shall accompany the application for permit.
La. Rev. Stat. § 45:1232 — LA Code / Code revised-statutes / Title 45 / Section 1232
Choice of law; conflicts
Status: in_force

A. The law governing the validity, enforceability, attachment, perfection, priority, exercise of remedies, and venue with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any storm recovery property shall be exclusively the laws of this state, without applying this state's law on conflict of laws and notwithstanding any contrary contractual provision, except as provided in the last sentence of R.S. 45:1231(F). The validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any storm recovery property shall be governed by this Part, and solely to the extent not addressed by this Part, by the Uniform Commercial Code - Secured Transactions and other laws of this state. Without limiting the preceding sentence, this Part provides that the Uniform Commercial Code - Secured Transactions applies to the filings of financing statements referenced in this Part, to perfection, the effect of perfection or nonperfection, and the priority of security interests held by a secured party having control of deposit accounts or securities accounts as original collateral securing storm recovery bonds, notwithstanding that proceeds of storm recovery charges are deposited therein, and to the enforcement of security interests in storm recovery property, in each case subject to Subsection B of this Section.

B. In the event of conflict between this Part and any other law regarding the attachment, creation, perfection, the effect of perfection, or priority of, and sale, assignment, or transfer of, or security interest in, storm recovery property, or the exercise of remedies with respect thereto, this Part shall govern to the extent of the conflict.

C. This Section shall not be interpreted to conflict with or modify R.S. 45:1231(B).

Acts 2006, No. 64, §2, eff. May 22, 2006.
La. Rev. Stat. § 45:165 — LA Code / Code revised-statutes / Title 45 / Section 165
Holding of both certificate and permit prohibited
Status: in_force

No person shall at the same time hold, or operate under, both a common carrier certificate and a contract carrier permit; however, this provision shall not prohibit a carrier from holding a common carrier certificate or contract carrier permit of waste and also holding a certificate for the transportation of salt water utilized in oil well exploration and production.

Acts 2012, No. 804, §1.
La. Rev. Stat. § 45:123 — LA Code / Code revised-statutes / Title 45 / Section 123
Stabilizing service by electric public utilities; extension and construction of facilities, regulation thereof; limitations on municipally-owned or operated utilities
Status: in_force

A.(1) No electric public utility shall construct or extend its facilities or furnish or offer to furnish electric service to any point of connection which at the time of the proposed construction, extension, or service is being served by, or which is not being served but is located within three hundred feet of an electric line of another electric public utility, except with the consent in writing of such other electric public utility. However, nothing contained herein shall preclude:

(a) Any electric public utility from extending service to an applicant for service at an unserved point of connection located within three hundred feet of an existing electric line of such electric public utility, unless:

(i) Such line was not in operation on April 1, 1970, and

(ii) The point of connection is located within three hundred feet of an existing electric line of another electric public utility, which line was in operation on said date, or

(b) Any electric public utility from extending service to its own property or to another electric public utility for resale.

(2) Further, any consumer receiving electric service from a public utility that is subject to the jurisdiction of the Louisiana Public Service Commission who feels aggrieved with the electric service being received by him may apply to the Louisiana Public Service Commission for an order directed to his present supplier to show cause why the consumer should not be released from said supplier, and if the commission shall find that the service rendered to such consumer is inadequate and will not be rendered adequate within a reasonable time the release shall be granted.

B. As used in this Section, "electric line" means a line constructed and operated for the transmission or distribution or transmission and distribution of electricity, and that was not originally constructed for the principal purpose of preempting territory.

C. Nothing in this Section shall either prohibit or mandate the performance by any parish, municipality, political subdivision, or combination thereof, of any agreement for the sale of electric power executed prior to January 1, 1984, or any renewal of such agreement. Nothing in this Section shall prohibit or mandate in the performance of such agreement the furnishing of service to persons and business organizations being served by another electric public utility.

D. Notwithstanding any other provision of this Section, any municipally-owned or operated utility may furnish or offer to furnish electric service to any point of connection for a retail consumer who is not being served by another utility without the necessity of obtaining the written consent of any other utility if such point of connection is within one mile of such municipality's corporate limits, as such corporate limits of a municipality with more than fifty megawatts of peak load exist on the effective date of this Section and on every third anniversary date of the effective date of this Section, and as such corporate limits of all other municipalities which have fifty megawatts or less of peak load now or in the future exist from time to time.

E. Nothing in R.S. 45:121, 45:123, 45:1161, 45:1175, or R.S. 12:426 shall alter the rights or authority of municipalities with respect to franchises within the corporate limits of a municipality as such limits exist from time to time.

Amended by Acts 1970, No. 34, §2. Acts 1984, No. 348, §1, eff. July 2, 1984.
La. Rev. Stat. § 45:62 — LA Code / Code revised-statutes / Title 45 / Section 62
Navigable waters, right to utilize
Status: in_force

Corporations, operating under R.S. 45:61, have the right to utilize waters of navigable streams and other waters of the state for irrigation purposes, under regulations which the Department of Public Works shall prescribe, for the purpose of preventing unnecessary injury to private and public property.
La. Rev. Stat. § 45:783 — LA Code / Code revised-statutes / Title 45 / Section 783
Unlawful to delay, refuse to receive, transmit or deliver message; penalty
Status: in_force

No telegraph company, official or employee of a telegraph company shall wilfully delay, or shall refuse to receive, transmit, or deliver any written message addressed to any person within one mile of their office.

Whoever violates this Section shall be fined not more than two hundred dollars or imprisoned for not more than three months, or both.
La. Rev. Stat. § 45:812 — LA Code / Code revised-statutes / Title 45 / Section 812
Agreement of consent to receive calls
Status: in_force

A person may give consent to a call made with ADAD equipment when a live operator introduces the call and states an intent to play a recorded message, or when the ADAD has a feature that allows the person to indicate consent. Any such consent shall apply only to a particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment.

Acts 1991, No. 917, §1.
La. Rev. Stat. § 45:736 — LA Code / Code revised-statutes / Title 45 / Section 736
School children; violation of law
Status: in_force

Whoever violates R.S. 45:734 through 45:735 shall be fined not more than one hundred dollars or imprisoned for not more than two months.
La. Rev. Stat. § 45:1164.2 — LA Code / Code revised-statutes / Title 45 / Section 1164.2
Petition for election
Status: in_force

Notwithstanding any other law to the contrary, upon the petition of not less than twenty-five percent of or seven thousand five hundred of the qualified electors residing within any municipality or other political subdivision, whichever is lesser, or upon the petition of not less than twenty-five percent of or ten thousand of the qualified electors residing within any municipality having a population of 400,000 or more, except in the Parish of Orleans, whichever is lesser, the governing authority shall order a referendum election to be held to determine whether or not any public utility owned by such political subdivision shall be under the jurisdiction and control of the commission. No referendum election called pursuant to this Section shall be held within two years of any other referendum election held pursuant to this Section.

Added by Acts 1975, No. 328, §2.
La. Rev. Stat. § 45:201.5 — LA Code / Code revised-statutes / Title 45 / Section 201.5
Agreements; mandatory disclosures; prohibited provision; choice of law and forum
Status: in_force

A. The transportation network company shall disclose the following in writing to each transportation network company driver before he is initially allowed to accept a request for a prearranged ride on the transportation network company's digital network:

(1) The insurance coverage, including the types of coverage and the limits for each coverage provided and any liability coverages rejected, which the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network.

(2) That the transportation network company driver's own automobile insurance policy may or may not provide any coverage while the driver is logged on to the transportation network company's digital network during the pre-trip acceptance period or is engaged in a prearranged ride, depending on its terms.

B. To the extent that any agreement between a transportation network company and a driver or rider, or between a driver and a rider addresses liability, any provision that, in advance, excludes or limits the liability of one party for causing bodily injury to the other party is null.

C. Jurisdiction for any bodily injury or property damage claims resulting from the negligence or fault of a transportation network driver during a prearranged ride, or the offer or acceptance thereof, shall be exclusively conducted in a court of competent jurisdiction in the state of Louisiana, with all choice of law conflicts resolved in accordance with Louisiana law with respect to bodily injury or property damage claims. Nothing in this Section shall prohibit any transportation network company, transportation network company driver, and transportation network company rider from agreeing, by contract, to submit any contractual or other disputes to arbitration.

Acts 2015, No. 266, §1, eff. Jan. 1, 2016; Acts 2021, No. 300, §1.
La. Rev. Stat. § 45:1241 — LA Code / Code revised-statutes / Title 45 / Section 1241
Conditional sale of railroad or street railroad equipment or rolling stock
Status: in_force

In any contract for the sale of railroad or street railway equipment or rolling stock, the parties may agree that title to the property sold or contracted to be sold, shall not vest in the purchaser until the price is paid although possession may be delivered immediately or subsequently, or that the seller shall have against any person a privilege for the unpaid purchase money. And in any contract for the leasing or hiring of such property, the parties may stipulate for a conditional sale after termination of such contract. They may also agree that the rentals or amount to be received under the contract may be applied and treated as purchase money, and that title to the property shall not vest in the lessee or bailee until the purchase price is paid in full, and until the terms of the contract are performed, notwithstanding delivery to and possession by the vendee, lessee or bailee.
La. Rev. Stat. § 45:200.16 — LA Code / Code revised-statutes / Title 45 / Section 200.16
Construction
Status: in_force

The Legislature hereby declares that R.S. 45:200.1 through 45:200.15 is remedial in nature and shall be construed liberally in favor of the public in general, and the users of public carrier vehicles in particular, and to exact strict compliance by the owners and operators of public carrier vehicles with the requirements of R.S. 45:200.1-45:200.14.

Acts 1962, No. 404, §2.
La. Rev. Stat. § 45:453 — LA Code / Code revised-statutes / Title 45 / Section 453
Account of work done; payment
Status: in_force

Where it is necessary for the owner of the land, farm or plantation to do the work necessary to relieve obstructed natural drainage and maintain proper natural drainage in accordance with the formalities set forth in R.S. 45:452, such owner or his duly authorized agent shall present to the railway company's duly authorized agent an itemized account of the expenses of the work, accompanied by an affidavit of its correctness, and the railway company, or its receiver, shall within thirty days from presentation of such account pay the same.
La. Rev. Stat. § 45:827 — LA Code / Code revised-statutes / Title 45 / Section 827
Penalties
Status: in_force

Except as provided in R.S. 45:826, any person, including but not limited to the seller, a salesperson, agent, or representative of the seller, or an independent contractor, who willfully violates any provision of this Chapter or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any telephonic seller, or who willfully, directly or indirectly, engages in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with a sale by any telephonic seller shall, upon conviction, be punishable as follows:

(1) By a fine not exceeding ten thousand dollars for each unlawful transaction.

(2) By imprisonment in the state prison, or by imprisonment in the parish jail for not more than one year.

(3) By both the fine and imprisonment specified in Paragraphs (1) and (2).

Acts 1993, No. 1003, §1.
La. Rev. Stat. § 45:1257 — LA Code / Code revised-statutes / Title 45 / Section 1257
Choice of law; conflicts
Status: in_force

A. The law governing the validity, enforceability, attachment, perfection, priority, exercise of remedies, and venue with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any investment recovery property shall be exclusively the laws of this state, without applying this state's laws of conflicts of laws and notwithstanding any contrary contractual provision, except as provided in the last sentence of R.S. 45:1256(F). The validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any investment recovery property shall be governed by this Part, and solely to the extent not addressed by this Part, by the Uniform Commercial Code--Secured Transactions and other laws of this state. Notwithstanding any other law to the contrary, this Part provides that the Uniform Commercial Code--Secured Transactions applies to the filings of financing statements referenced in this Part, to perfection, the effect of perfection or nonperfection, and the priority of security interests held by a secured party having control of deposit accounts or securities accounts as original collateral securing investment recovery bonds, notwithstanding that proceeds of investment recovery charges are deposited therein, and to the enforcement of security interests in investment recovery property, in each case subject to Subsection B of this Section.

B. In the event of conflict between this Part and any other law regarding the attachment, creation, perfection, the effect of perfection, or priority of, a sale, assignment, or transfer of, or security interest in, investment recovery property, or the exercise of remedies with respect thereto, this Part shall govern to the extent of the conflict.

C. This Section shall not be interpreted to conflict with or modify R.S. 45:1256(B).

Acts 2010, No. 988, §2, eff. July 6, 2010.
La. Rev. Stat. § 45:1206 — LA Code / Code revised-statutes / Title 45 / Section 1206
Water and wastewater companies; receivership; bond; dissolution
Status: in_force

A. As used in this Section, the following terms have the following meanings:

(1) "Wastewater company" means any wastewater company regulated by the commission.

(2) "Water company" means any water company regulated by the commission.

B.(1) In any civil action brought in accordance with this Section, relative to water companies or wastewater companies, the court, upon application by the commission, may appoint a receiver for a water company or wastewater company to collect the assets and carry on the business of the water company or wastewater company. Application by the commission shall not be subject to any bond requirement.

(2) The court may place the water company or wastewater company in receivership upon finding any of the following:

(a) The water company or wastewater company has been abandoned by the operator, or service to its customers has ceased, and no provisions have been made for the continued operation by a qualified operator, or for providing customers with services required to serve the users of the systems.

(b) The water company or wastewater company has failed or refused to comply with enforceable orders, judgments, or actions issued by the Louisiana Department of Health or the Louisiana Department of Environmental Quality.

(c) After an audit by the commission, the commission determines the water company or wastewater company is in financial distress.

(d) Other circumstances as may be identified by rules adopted by the commission pursuant to the commission's Rules of Practice and Procedure under which a receivership may be needed.

(e) The water company receives a grade of "D" or "F" pursuant to R.S. 40:5.9.1 et seq., and the commission finds that the water company is either financially, managerially, or technically unable to restore the utility to a grade of "C" or better.

(f) The wastewater company experiences a sewerage discharge in excess of the Final Effluent Limitations specified in the company's Louisiana Pollutant Discharge Elimination System General or Site Specific Permit, as reported in three or more consecutive quarters pursuant to the electronic document receiving system promulgated by the Louisiana Department of Environmental Quality, and the commission finds that the wastewater company is either financially, managerially, or technically unable to restore the utility to regulatory compliance.

(3) The receiver, if a private person, shall execute a bond to ensure the proper performance of the receiver's duties in an amount to be set by the court. The court may waive the bond upon a showing of just cause. If the receiver is a local governmental subdivision, no bond shall be required.

(4) The receiver shall carry out the orders specified and directed by the court until discharged.

(5) The court may dissolve the receivership if the person owning or operating the defendant water company or wastewater company requests that the receivership be dissolved or such owner or operator can show good cause for the dissolution of the receivership. Nothing herein shall prohibit a receiver from purchasing the company put in receivership.

C. Within ninety days of appointment, the receiver shall submit to the commission and publish in a manner accessible to the affected customers a transition and operational plan. This plan shall include all of the following:

(1) Measures to restore or maintain service.

(2) Financial assessments and projected costs.

(3) Customer service provisions.

(4) An anticipated timeline for resolution or return of control to the original operator or transfer to a new operator.

Acts 2025, No. 257, §1.
La. Rev. Stat. § 45:1164.6 — LA Code / Code revised-statutes / Title 45 / Section 1164.6
Ordering of election after thirty days; removal of names within that time; date of election
Status: in_force

The clerk of the governing authority with whom the petition is filed by the registrar of voters shall attach to the petition its sworn verification showing the date, month, and year the petition was filed with it.

If the petition conforms to all the provisions of R.S. 45:1164.1-45:1164.6, the governing authority shall order the election. The ordinance or resolution of the governing authority ordering the election shall be adopted at a regular meeting held not less than thirty nor more than forty-five days after the date the petition was filed with the governing authority by the registrar of voters.

The governing authority shall remove the name of any signer of the petition if requested to do so in writing within thirty days after the date the petition was filed with it. If the number of written requests for withdrawal from the petition reduces the number of qualified petitioners to less than the number required by R.S. 45:1164.2 the election shall not be ordered and the petition shall be null and void and cannot be used again.

The date fixed for the election shall be not less than forty-five nor more than sixty days after the date of the adoption of the ordinance or resolution ordering the election.

Added by Acts 1975, No. 328, §2.
La. Rev. Stat. § 45:1175 — LA Code / Code revised-statutes / Title 45 / Section 1175
Security issues; exceptions
Status: in_force

Nothing in R.S. 45:1168 through 45:1174 shall apply to:

(1) The issue or renewal of, or assumption of liability on, a note or draft maturing not more than one year after the date of the issue, renewal or assumption, and such securities may be issued or liability assumed without application to or order of the commission, but no security so issued shall, in whole or in part, be refunded by any security maturing more than one year after the date of the issue, renewal or assumption except on application to and approval of the commission;

(2) A public utility the security issues of which are subject to the jurisdiction of the Federal Power Commission under the Federal Power Act 1 or to the jurisdiction of the Securities and Exchange Commission under the Public Utility Holding Company Act of 1935; 2 or a public utility the security issues of which are subject to approval, control, regulation or supervision by the federal government or any agency thereof under any other federal statute; or any public utility whose business is subject to regulation by the Federal Communications Commission; or any public utility conducting or carrying on its business or operations in two or more states.

(3) The issue or renewal of, or assumption of liability on, a note, debenture or other evidence of indebtedness payable to United States of America on account of a loan or loans made by United States of America to an electric public utility, as defined in R.S. 45:121, as amended by Acts 1970.

However, paragraph (2) of this section shall not exempt any public utility the security issues of which would be subject to regulation by the federal government or any agency thereof only if such security issues were not regulated by the commission.

Amended by Acts 1970, No. 34, §5.

1 16 U.S.C.A. §791a et seq.

2 15 U.S.C.A. §79 et seq.
La. Rev. Stat. § 45:252 — LA Code / Code revised-statutes / Title 45 / Section 252
Pipe lines declared common carriers; control by public service commission
Status: in_force

A. All pipe lines through which petroleum is conveyed from one point in this state to another point in the state are declared to be common carriers as defined in R.S. 45:251 and are placed under the control of and subject to regulation by the Louisiana Public Service Commission.

B. When a complaint, application, or other filing concerning the classification of a pipe line as a common carrier or the federal equivalent is filed with the Public Service Commission, the Public Service Commission or a party to the matter may request a secretarial review as defined in R.S. 45:251 and pursuant to this Section. The secretary may accept or decline such request, in writing, to all parties and the Public Service Commission within five business days, excluding weekends and state holidays, of receiving such request. If the secretary does not accept the request within the five business days, then the request shall be deemed declined. If the request is declined then the matter may proceed before the Public Service Commission. If the request is accepted the matter shall be stayed before the Public Service Commission for thirty days from the date the secretary accepts the matter in writing. Once a request is accepted, the secretary or his designee shall establish a schedule for discovery, filings, and, where necessary, a hearing. The secretary or his designee shall issue his finding to the parties and the Public Service Commission following the hearing or the last filings submitted in accordance with the schedule approved by the secretary or his designee.

Acts 2025, No. 458, §8, eff. Oct. 1, 2025.
La. Rev. Stat. § 45:259 — LA Code / Code revised-statutes / Title 45 / Section 259
Discrimination; limit of petroleum carrier required to receive in one day; expert to be employed to aid commission
Status: in_force

No common carrier in its operations as such shall discriminate against shippers or owners of petroleum, in regard to facilities furnished, or service rendered, or rates charged under same or similar circumstances in the transportation of petroleum, nor shall there be any discrimination in favor of the transportation of petroleum, produced or purchased by itself, directly or indirectly. In this connection, common carrier pipe lines shall be considered as shippers or receivers of petroleum, produced or purchased by themselves, directly or indirectly, and handled through their facilities. No such carrier in its operations shall, directly or indirectly, charge, demand, collect or receive from any one a greater or less compensation for any service rendered than from another for a like and contemporaneous service; but this shall not limit the right of the commission to prescribe different rules and regulations or different rates for transportation from or to other places, as it may determine. Nor shall any carrier be guilty of discrimination when obeying any order of the commission. When there shall be offered for transportation more petroleum than can be transported immediately, it shall be equitably and ratably apportioned. The commission shall make and enforce general or specific regulations in this regard. Subject to these provisions, pipe lines shall accept ratably and equitably for transportation all marketable petroleum tendered; but no common carrier pipe line shall at any time be required to receive for shipment from any person, in excess of three thousand barrels of petroleum in any one day.

The commission may employ a competent expert, or experts, possessing experience in the business of producing and transporting petroleum, to aid the commission in carrying out the provisions of this Chapter; the selection of such agent, or agents, shall be made from among those recommended by the oil producing interests of the state.
La. Rev. Stat. § 45:1274 — LA Code / Code revised-statutes / Title 45 / Section 1274
Energy transition property
Status: in_force

A. All energy transition property that is specified in a financing order shall constitute an existing, present contract right constituting an individualized, separate incorporeal movable susceptible of ownership, sale, assignment, transfer, and security interest, including, without limitation, for purposes of contracts concerning the sale of property and security interests in property, notwithstanding that the value of the property and the imposition and collection of energy transition charges depends on future acts such as the electric utility to which the order is issued performing its servicing functions relating to the collection of energy transition charges and on future electricity consumption. Such property shall exist whether or not the revenues or proceeds arising from the property have been billed, have accrued, or have been collected, notwithstanding the fact that the value or amount of the property is or may be dependent on the future provision of service to customers by the electric utility or its successors and the future consumption by customers of electricity. Energy transition property created by a financing order shall be a vested contract right, and such financing order shall create a contractual obligation of irrevocability by the commission in favor of the electric utility and its assignees and financing parties.

B. Energy transition property specified in a financing order shall continue to exist until the energy transition bonds issued pursuant to the financing order are paid in full and all financing costs of the bonds have been recovered in full.

C. All or any portion of energy transition property specified in a financing order issued to an electric utility may be sold, assigned, or transferred to an assignee, including an issuer that is an affiliate of the electric utility and that is created for the limited purpose of acquiring, owning, or administering energy transition property or issuing energy transition bonds under the financing order. All or any portion of energy transition property may be encumbered by a security interest to secure energy transition bonds issued pursuant to the order and other financing costs. Each such sale, assignment, transfer, or security interest granted by an electric utility or assignee shall be considered to be a transaction in the ordinary course of business.

D. The description of energy transition property being sold, assigned, or transferred to an assignee in any sale agreement, purchase agreement, or other transfer agreement, being encumbered to a secured party in any security agreement, or indicated in any financing statement shall be sufficient only if such description or indication refers to the specific financing order that created the energy transition property and states that such agreement or financing statement covers all or part of such energy transition property described in such financing order. A description of investment property in a financing statement shall be sufficient if it refers to the financing order creating the energy transition property. This Subsection applies to all purported sales, assignments, or transfers of, and all purported liens or security interests in, energy transition property, regardless of whether the related sale agreement, purchase agreement, other transfer agreement, security agreement, pledge agreement, or other security document or judgment was entered into, or any financing statement was filed, before or after June 3, 2022.

E.(1) Energy transition property shall be an individualized, separate incorporeal movable susceptible of ownership, sale, assignment, transfer, and security interest encumbrance, notwithstanding any of the following:

(a) That the energy transition charges may be authorized by the commission and included as part of the electric utility's base rates or fuel adjustment clause and are not shown as a separate line item on individual electric bills.

(b) That notice is not given to customers that the energy transition property has been transferred to an assignee and that such assignee is the owner of the rights to the energy transition charges.

(c) That notice is not given to customers that the electric utility or another entity, if applicable, is acting as a collection agent or servicer or in a similar capacity for an assignee.

(d) That funds arising from the collection of energy transition property by the electric utility as collection agent are commingled with other monies of the electric utility prior to the electric utility's transfer as collection agent of such funds to the assignee or financing party.

(e) That the energy transition charges are subject to a true-up mechanism authorized by the commission pursuant to R.S. 45:1273(C)(4).

(2) A description of energy transition property, and a sale, assignment, or transfer or grant of security interest, shall not be denied legal effect, enforceability, perfection, or priority due to the factors provided for in Paragraph (1) of this Subsection applying in whole or in part to such energy transition property.

F. If an electric utility defaults on any required payment of charges arising from energy transition property specified in a financing order, the district court of the domicile of the commission, upon application by an interested party, and without limiting any other remedies available to the applying party, shall order the sequestration and payment of the revenues arising from the energy transition property to the financing parties or their representatives. Any such order shall remain in full force and effect, notwithstanding any reorganization, bankruptcy, or other insolvency proceedings with respect to the electric utility or its successors or the assignees.

G. To the extent provided in a financing order, the interest of an assignee or secured party in energy transition property specified in a financing order shall not be subject to setoff, counterclaim, surcharge, or defense by the electric utility or by any customer of the electric utility or other person, or in connection with the reorganization, bankruptcy, or other insolvency of the electric utility or any other person.

H. To the extent provided in a financing order, any successors to an electric utility, whether pursuant to any reorganization, bankruptcy, or other insolvency proceeding, or whether pursuant to any merger or acquisition, sale, or other business combination, or transfer by operation of law, as a result of electric utility restructuring or otherwise, shall perform and satisfy all obligations of, and have the same rights under a financing order as, the electric utility under the financing order in the same manner and to the same extent as the electric utility, including collecting and paying to the persons entitled to receive them, the revenues, collections, payments, or proceeds of the energy transition property. Nothing in this Section shall be intended to limit or impair any authority of the commission concerning the transfer or succession of interests of electric utilities.

Acts 2022, No. 255, §2, eff. June 3, 2022.
La. Rev. Stat. § 45:792 — LA Code / Code revised-statutes / Title 45 / Section 792
Definitions
Status: in_force

When used in this Chapter, the following words and phrases shall have the meaning ascribed to them in this section, unless the context clearly indicates a different meaning:

(1) "Public agency" means any agency or political subdivision of the state which provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services.

(2) "Public safety agency" means a functional division of a public agency which provides firefighting, police, medical, or other emergency services.

(3) "Direct dispatch method" means a telephone service to a centralized dispatch center providing for the dispatch of an appropriate emergency service unit upon receipt of a telephone request for such services and a decision as to the proper action to be taken.

(4) "Relay method" means a telephone service whereby pertinent information is noted by the recipient of a telephone request for emergency services, and is relayed to appropriate public safety agencies or other providers of emergency services for dispatch of an emergency service unit.

(5) "Transfer method" means a telephone service which receives telephone requests for emergency services and directly transfers such requests to an appropriate public safety agency or other provider of emergency services.

(6) "Referral method" means a telephone service which, upon the receipt of a telephone request for emergency services, provides the requesting party with the telephone number of the appropriate public safety agency or other provider of emergency services.

(7) "Basic system" means a telephone service which automatically connects a person dialing the digits 911 to an established public safety answering point through normal telephone service facilities.

(8) "Sophisticated system" means a basic system with the additional capability of automatic identification of the caller's number, holding the incoming call, reconnection on the same telephone line, clearing a telephone line or automatic call routing or combinations of such capabilities.

(9) "Methods" as used in Paragraphs (3), (4), (5) and (6) above shall refer to procedures to be followed by the public agency or public safety agency affected by those paragraphs.

Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:1164.13 — LA Code / Code revised-statutes / Title 45 / Section 1164.13
Promulgation of elections results
Status: in_force

The governing authority of the political subdivision calling the election shall promulgate the result by resolution or ordinance adopted at its first regular meeting after the election and shall publish it in the official journal of such political subdivision.

Added by Acts 1975, No. 328, §2.
La. Rev. Stat. § 45:315 — LA Code / Code revised-statutes / Title 45 / Section 315
Construction
Status: in_force

The provisions of this Part shall not be construed as granting the Commission the authority to require the issuance of a certificate of convenience and necessity for the installation of pipeline facilities or the authority to determine the location, routes and rights of way of pipeline facilities nor shall any of the provisions hereunder be construed as granting unto the Commission authority to limit or restrict any franchise rights held by public utilities, nor shall any provision herein be construed as limiting any authority presently vested by law in any agency or political subdivision of the state.

Added by Acts 1968, No. 81, §1.
La. Rev. Stat. § 45:1339 — LA Code / Code revised-statutes / Title 45 / Section 1339
Corporation additional pledge to financing parties
Status: in_force

A. The corporation shall pledge to and agree with the issuer for the benefit of the issuer, the bondholders, and other financing parties, that until the related bonds and any ancillary agreements have been paid and performed in full, the corporation shall not do any of the following:

(1) Take or permit any action that impairs or would impair the value of the corporation's beneficial interest in the applicable trust, other than the distributions of dividend income and redemption proceeds contemplated in this Subpart and in the trust agreement.

(2) Approve or allow a modification or amendment pertaining to the corporation's beneficial interest in the applicable trust, or a termination or rescission of the applicable trust agreement or the applicable trust, or in any other way impair the rights and remedies of the corporation as beneficiary under the applicable trust, provided that nothing shall preclude the distributions of dividend income and the redemption proceeds that are contemplated in this Subpart and in the trust agreement.

B. For purposes of this Section and R.S. 45:1340, the term "bondholder" means a person who holds a system restoration bond, including in book entry form.

Acts 2021, No. 293, §3, eff. June 14, 2021.
La. Rev. Stat. § 45:785 — LA Code / Code revised-statutes / Title 45 / Section 785
Liability for error, delay or failure to deliver message; venue
Status: in_force

All persons operating telegraph or telephone lines or systems and doing business in this state, are hereby required to pay for all damages that may arise from the failure, refusal or neglect to transmit or to deliver, or from any delay in the transmission or the delivery, or from any error made in the transmission or the delivery of any message handled by them or offered them for transmission; and they may be sued either at the place where the message is to be delivered or at the place where the message is offered for transmission or at the domicile of such persons, at the option of the party bringing the suit.
La. Rev. Stat. § 45:64 — LA Code / Code revised-statutes / Title 45 / Section 64
Expropriation for other canals, power of
Status: in_force

Domestic corporations, except those provided for in R.S. 45:61, organized with power of building, constructing and operating canals for irrigation, for the transportation of freight and passengers, and for the development of hydro-electric power for lawful uses and purposes, or either of them, have the right to expropriate rights of way for these canals, and for telegraph, telephone, and hydro-electric lines, incident to the conduction, operation and maintenance of these canals, and lands for reservoirs, dam sites, and dykes, forming a part of the irrigation canal and hydro-electric system.
La. Rev. Stat. § 45:1184 — LA Code / Code revised-statutes / Title 45 / Section 1184
Witnesses before commission; summons
Status: in_force

In all cases where witnesses are required to attend the sessions of the commission they shall be notified by a summons issued and signed by the secretary of the commission, and bearing the seal of same, and mailed to them, or which shall be served upon them when deemed necessary, by the sheriff of the parish where they reside or where they may be found, the same as in cases of service of a notice to a witness in a civil proceeding.
La. Rev. Stat. § 45:176 — LA Code / Code revised-statutes / Title 45 / Section 176
Violation of bond requirements
Status: in_force

Whoever violates R.S. 45:173 through R.S. 45:177 shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both, and each day of operation in violation of the above provisions shall be a separate offense.
La. Rev. Stat. § 45:823 — LA Code / Code revised-statutes / Title 45 / Section 823
Registration procedures
Status: in_force

A.(1) Not less than ten days prior to doing business in this state, a telephonic seller shall register with the department by filing with the consumer protection section of the department the information required by R.S. 45:824 and tendering a filing fee of one hundred fifty dollars. A seller shall be deemed to be doing business in this state if the seller solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state.

(2) A person claiming an exemption pursuant to R.S. 45:822(B)(14), shall file* with the consumer protection section of the department, in lieu of the information required by R.S. 45:824(A), (B), and (C) and a filing fee of one hundred fifty dollars.

(3)(a) The information required by R.S. 45:824 shall be submitted on a form provided by the attorney general and shall be verified by a declaration signed by each principal of the telephonic seller. The declaration shall specify the date and location of signing. Information submitted pursuant to R.S. 45:824(A)(10) and (11) shall be clearly identified and appended to the filing.

(b) The information submitted pursuant to R.S. 45:824 shall become part of the investigatory record and intelligence information compiled by the department for law enforcement purposes.

B. Registration of a telephonic seller shall be valid for one year from the effective date thereof and may be annually renewed by filing as required by R.S. 45:824 and paying a filing fee of one hundred fifty dollars.

C. Whenever, prior to expiration of a seller's annual registration, there is a material change in the information required by R.S. 45:824 the seller shall, within ten days, file an addendum updating the information with the consumer protection section of the department. However, changes in salespersons soliciting on behalf of a seller shall be updated by addendum filed, if necessary, in quarterly intervals computed from the effective date of registration. The addendum shall provide the required information for all salespersons who are currently soliciting or have solicited on behalf of the seller at any time during the period between the filing of the registration, or the last addendum, and the current addendum, and shall include salespersons no longer soliciting for the seller as of the date of the filing of the current addendum.

D. Upon receipt of a filing and filing fee pursuant to Subsections A and B of this Section, the department shall send the telephonic seller a written confirmation of receipt of the filing. If the seller has more than one business location, the written confirmation shall be sent to the principal business location identified in the seller's filing in sufficient number so that the seller has receipt of filing, within ten days of receipt thereof, in a conspicuous place at each of the seller's business locations and shall have available for inspection by any governmental agency at each location a copy of the entire registration statement which has been filed with the department. Until confirmation of receipt of filing is received and posted, the seller shall post in a conspicuous place at each of the seller's business locations within this state a copy of the first page of the registration form sent to the department. The seller shall also post in close proximity to either the confirmation of receipt of filing, or until the confirmation is received, the first page of the submitted registration form, the name of the individual or individuals in charge of each location from which the seller does business in this state, as defined in Subsection A of this Section.

Acts 1993, No. 1003, §1.

*As appears in enrolled bill.
La. Rev. Stat. § 45:844.42 — LA Code / Code revised-statutes / Title 45 / Section 844.42
Legislative findings and declarations of intent
Status: in_force

The legislature finds and declares that it is the policy of this state:

(1) To ensure that cable television services and telecommunications and advanced services are provided through fair competition consistent with the federal Telecommunications Act of 1996, Pub. L. 104-104, in order to provide the widest possible diversity of information and news sources to the general public.

(2) To advance the exercise of rights under the First Amendment of the Constitution of the United States.

(3) To enhance the development and widespread use of technological advances in providing cable television services and telecommunications and advanced services.

(4) To encourage improved customer service of cable television services and telecommunications and advanced services at competitive rates.

(5) To ensure that cable television services and telecommunications and advanced services are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework.

(6) To ensure that when a local government provides to its inhabitants cable television services, telecommunications services or advanced services, or any combination thereof, and competes with private providers whose activities are regulated by the local governmental entity, the local government does not discriminate against the competing providers of the same services.

(7) To ensure that when a local government provides to its inhabitants cable television services, telecommunications services or advanced services, or any combination thereof, it will not be precluded from engaging in "bundling" those services or engaging in any other lawful business practice that its private-sector competitors are legally permitted to engage in.

Acts 2004, No. 736, §1, eff. July 6, 2004.
La. Rev. Stat. § 45:1139 — LA Code / Code revised-statutes / Title 45 / Section 1139
Rights of holder of bond
Status: in_force

Any holder of the bonds or of any of the attached coupons may by suit, action, mandamus or other proceedings, protect and enforce the security provided for in this Part and may by suit, action, mandamus or other proceedings enforce and compel performance of all duties required to be performed by the governing body and officials of the political subdivision by the provisions of this Part and the proceedings authorizing the issuance of such bonds.
La. Rev. Stat. § 45:187 — LA Code / Code revised-statutes / Title 45 / Section 187
Number of passengers
Status: in_force

No owner or operator of any service car designed for five adult persons shall carry more than four adult passengers besides the operator. No owner or operator of any service car designed for seven adult persons shall carry more than six adult passengers besides the operator. In no case shall any service car carry more passengers than the car is designed to seat comfortably.
La. Rev. Stat. § 45:65 — LA Code / Code revised-statutes / Title 45 / Section 65
Expropriation; proceedings
Status: in_force

This right of expropriation shall be exercised in the same manner, by the same proceedings, and under the same limitations now imposed by law on railroads and other quasi-public corporations; except through those townships, sections, or properties that are now occupied by irrigation canals.
La. Rev. Stat. § 45:181 — LA Code / Code revised-statutes / Title 45 / Section 181
Chauffeur's or driver's license, and "for hire" license plates required
Status: in_force

No person shall engage in the business of transporting persons for hire, charge, or compensation over the highways of this state, whether as a common carrier or contract carrier, or as a transportation agency, or to operate as a travel bureau, or to obtain a co-traveler or co-travelers to share the expense of the trip proportionately or otherwise, or to act as an intermediary in connection with the sharing of expense of a trip or trips with a co-traveler or co-travelers unless the person, operator, driver, or chauffeur in charge of the motor vehicle shall have obtained the appropriate driver's license, and unless the motor vehicle so used is equipped with "for hire" license plates to carry passengers for hire.

Acts 1995, No. 301, §2, eff. June 15, 1995.
La. Rev. Stat. § 45:844.49 — LA Code / Code revised-statutes / Title 45 / Section 844.49
Feasibility study; public hearings
Status: in_force

(1) If a feasibility consultant is hired under R.S. 45:844.48, the local governing authority shall require the feasibility consultant to:

(a) Complete the feasibility study in accordance with this Section.

(b) Submit to the local governing authority by no later than one hundred eighty days from the date the feasibility consultant is hired to conduct the feasibility study:

(i) The full written results of the feasibility study.

(ii) A summary of the results that is no longer than one page in length.

(c) Attend the public hearings described in Paragraph (4) of this Section to:

(i) Present the feasibility study results.

(ii) Respond to questions from the public.

(2) The feasibility study described in Paragraph (1) of this Section shall at a minimum consider:

(a) If the local government is proposing to provide covered services to subscribers, whether the local government providing covered services in the manner proposed by the local government will hinder or advance competition for covered services in the city or parish.

(b) The fiscal impact on the local government of:

(i) The capital investment in facilities that will be used to provide the proposed covered services.

(ii) The expenditure of funds for labor, financing, and administering the proposed covered services.

(c) The projected growth in demand in the city or parish or both for the proposed covered services.

(d) The projections at the time of the feasibility study and for each year until the bonds necessary to finance the facilities used to provide covered services are retired, of the revenues and full costs for a local government to purchase, lease, construct, maintain, or operate the facilities necessary to provide the proposed covered services.

(3) For purposes of the financial projections required under Subparagraph (2)(d), the feasibility consultant shall assume that the local government will price the proposed covered services consistent with R.S. 45:844.53(4).

(4) If the results of the feasibility study satisfy the revenue requirement of R.S. 45:844.48(3), the local governing authority, at the next regular meeting after the local governing authority receives the results of the feasibility study, shall schedule at least two public hearings to be held:

(a) Within sixty days of the meeting at which the public hearings are scheduled.

(b) At least seven days apart.

(c) For the purpose of allowing the feasibility consultant to present the results of the feasibility study; and the public to become informed about the feasibility study results; and ask questions of the feasibility consultant about the results of the feasibility study.

(5)(a) Except as provided in Subparagraph(5)(c), the local government shall publish notice of the public hearings required under Paragraph(4) at least once a week for three consecutive weeks in a newspaper of general circulation in the city or parish or both.

(b) The last publication of notice required under Subparagraph(5)(a) shall be at least three days before the first public hearing required under Paragraph (4).

(c)(i) If there is no newspaper of general circulation in the city or parish, for each one thousand residents, the local government shall post at least one notice of the hearings in a conspicuous place within the city or parish or both that is likely to give notice of the hearings to the greatest number of residents of the city or parish.

(ii) The local government shall post the notices at least seven days before the first public hearing required under Paragraph (4) is held.

(6) A local government that has existing notice and hearing procedures under a home rule charter for considering and approving capital projects for local government to construct and operate facilities for the provision of covered services shall be permitted to use those notice and hearing procedures in lieu of the notice and hearing procedures set forth in this Section, provided that the notice and hearing procedures contain requirements that are substantially similar to those set forth herein.

(7) Nothing in this Section shall be construed to require inclusion in the feasibility study required herein, or disclosure of, commercially sensitive marketing information.

Acts 2004, No. 736, §1, eff. July 6, 2004.
La. Rev. Stat. § 45:844.14 — LA Code / Code revised-statutes / Title 45 / Section 844.14
Listing procedures; prohibited acts; Telephonic Solicitation Relief Dedicated Fund Account
Status: in_force

A.(1) Any residential telephonic subscriber desiring to be placed on a "do not call" listing shall be placed on that listing upon the commission's receipt of a request form. This listing shall be effective for five years and renewed by the commission upon receipt of a renewal notice.

(2)(a) The commission or its contractor shall update its "do not call" listing no less than quarterly. The listing shall include the telephonic numbers, but not the names or addresses of residential telephonic subscribers, arranged by area code and numerical sequence, who do not want to receive telephonic solicitations, as defined in this Chapter.

(b) No later than January 1, 2006, the commission or its contractor shall update its "do not call" listing monthly.

(3)(a) Telephonic solicitors, as defined in this Chapter, doing business in this state shall obtain copies of the "do not call" listing by paying a fee to the commission in an amount not to exceed the costs incurred by the commission or its contractor in the presentation, production, and distribution of that listing. The commission shall offer a statewide listing and shall also offer listings of areas within the state. The determination of the number and definition of areas shall be within the discretion of the commission.

(b) In order to obtain copies of the "do not call" listing, a telephonic solicitor shall, in addition to paying the applicable fee, register with the commission, pay any registration fee as required by the commission, and provide all necessary documentation as required by the commission. Such telephonic solicitor, as defined in this Chapter, may maintain a bond in the amount of twenty thousand dollars in favor of the state of Louisiana to guarantee the payment of any administrative penalties assessed pursuant to this Chapter and file a copy of such bond with the commission.

(4)(a) All fees and penalties imposed pursuant to this Section shall be made payable to the Louisiana Public Service Commission for the administration of this Chapter and shall be dedicated to such purpose. The fees and penalties collected shall be remitted by the commission to the state treasury and credited to the Bond Security and Redemption Fund. After a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within the fiscal year, the treasurer, prior to placing such remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury by the commission into a special statutorily dedicated fund account which is hereby created in the state treasury and designated as the "Telephonic Solicitation Relief Dedicated Fund Account". Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

(b) The monies in the Telephonic Solicitation Relief Dedicated Fund Account shall be used solely for the implementation, administration, and enforcement of this Chapter. Any surplus monies and interest remaining to the credit of the account on June thirtieth of each year shall remain to the credit of the account and no part thereof shall revert to the state general fund.

B. Repealed by Acts 2006, No. 418, §2.

C. Any telephonic solicitation made by a telephonic solicitor to a residential telephonic subscriber whose number appears on the commission's then current "do not call" listing, or the National Do Not Call Registry, if applicable, is prohibited, except as authorized by this Chapter or the Federal Do Not Call Law.

Acts 2001, No. 40, §1, eff. May 24, 2001; Acts 2003, No. 836, §1; Acts 2004, No. 857, §1, eff. July 12, 2004; Acts 2006, No. 418, §§1, 2; Acts 2021, No. 114, §11, eff. July 1, 2022.
La. Rev. Stat. § 45:799 — LA Code / Code revised-statutes / Title 45 / Section 799
Submission of plans
Status: in_force

A. On or before January 1, 1976, all public agencies shall submit tentative plans for the establishment of a system required by this Chapter to the public utility or utilities providing public telephone service within the respective jurisdiction of each public agency. A copy of each such plan shall be filed with the department of public safety.

B. On or before January 1, 1977, all public agencies shall submit final plans for the establishment of the system to such utilities, and shall make arrangements with such utilities according to the provisions of their duly filed tariffs for the implementation of the planned emergency telephone system no later than January 1, 1978. A copy of the plan required by this subsection shall be filed with the department of public safety.

C. If any public agency has implemented or is a part of a system required by this Chapter on a deadline specified in Subsection A or B such public agency shall submit in lieu of the tentative or final plan a report describing the system and stating its operational date.

D. Plans filed pursuant to Subsections A and B shall conform to minimum standards established pursuant to R.S. 45:798.

Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:7 — LA Code / Code revised-statutes / Title 45 / Section 7
Construction of bond
Status: in_force

Any bond given in attempted pursuance of this Chapter by any person, shall be a statutory bond, and all the provisions of this Chapter shall be conclusively presumed to be intended to be read into it and form a part of it, any stipulation in the bond to the contrary notwithstanding.
La. Rev. Stat. § 45:167 — LA Code / Code revised-statutes / Title 45 / Section 167
Name and address of operator and certificate or permit number to be displayed
Status: in_force

There shall be displayed upon every vehicle operated intrastate under the authority of R.S. 45:161 through 172 the name and address of the operator and his certificate or permit number in such a manner as to be plainly discernible.

Acts 2008, No. 724, §2, eff. July 6, 2008.
La. Rev. Stat. § 45:1093 — LA Code / Code revised-statutes / Title 45 / Section 1093
Joint rates; freight
Status: in_force

The Louisiana Public Service Commission shall require all railroads, and other common carriers doing business in Louisiana, upon the demand of any person to adopt, make, and change, reasonable and just joint through rates and charges for the transportation of freight between points within this state, whether those shipments are made entirely by railroads or by water transportation, or partly by railroads and partly by water, or whether, when made by railroads alone, such freight is forwarded in carload shipments or less.
La. Rev. Stat. § 45:200.5 — LA Code / Code revised-statutes / Title 45 / Section 200.5
Blanket insurance policy
Status: repealed

If such owner operates more than one public carrier vehicle, he may file with the duly designated authority of the municipality or parish, in lieu of the policy required by R.S. 45:200.4, a policy or policies of liability insurance issued by a company or companies authorized to do business in this state, insuring payment of claims for each public carrier vehicle operated by such owner in the amounts provided in R.S. 45:200.4.

Added by Acts 1962, No. 404, §1.
La. Rev. Stat. § 45:853 — LA Code / Code revised-statutes / Title 45 / Section 853
Proper notice and explanation of franchise fees
Status: in_force

Notwithstanding any law, rule, regulation, or order to the contrary, on or after January 1, 2013, the Louisiana Public Service Commission may require that whenever a political subdivision imposes a franchise fee upon a public utility which the utility collects or recovers from the utility's consumers, the utility's monthly billing statement shall specifically and clearly include a separate line item for the applicable franchise fee, with the name of the political subdivision imposing the fee, the total amount or rate of the franchise fee, and the total amount of the billing attributable to the fee.

Acts 2012, No. 766, §2, eff. June 12, 2012.
La. Rev. Stat. § 45:1622 — LA Code / Code revised-statutes / Title 45 / Section 1622
Purpose; legislative intent
Status: in_force

The Louisiana Legislature hereby finds it necessary and in the best interest of the state to promote rapid development of a statewide electric vehicle charging network by doing all of the following:

(1) Improving the quantity, quality, and variety of electric vehicle charging amenities and consumer experience services available in the state.

(2) Urging the Louisiana Public Service Commission to establish an electric vehicle charging rate structure that promotes long-term alternative fuel market competition by encouraging transparent pricing, more stable electricity costs, expanded investment opportunities in charging infrastructure, innovation, and a widespread implementation of publicly available fast charging, electric vehicle charging technology and equipment.

(3) Urging the Louisiana Public Service Commission to explore excluding persons or corporations from the definition of public utility when all of the following occur:

(a) Those persons or corporations purchase electricity from an electric public utility or a municipal electric utility.

(b) Those persons or corporations furnish electricity exclusively to charge battery electric vehicles and plug-in hybrid electric vehicles to or for the public for compensation, or those persons or corporations furnish electricity exclusively to charge marine vessels, vessel-mounted charging or power delivery power points, or on-shore charging or power delivery power points that are primarily for the use of marine vessels.

(c) Those persons or corporations do not otherwise operate as a public utility.

Acts 2022, No. 762, §1, eff. June 18, 2022; Acts 2024, No. 452, §1.
La. Rev. Stat. § 45:255 — LA Code / Code revised-statutes / Title 45 / Section 255
Regulations of commission; petition, notice, and hearing; reparations
Status: in_force

The Louisiana Public Service Commission shall establish and enforce reasonable rates and regulations for gathering, transporting, loading, and delivering petroleum, by any common carrier as defined in R.S. 45:251, and for the furnishing and use of reasonable tank facilities necessary or integral to the transportation function and that may be necessary, in its capacity as a common carrier only, to take care, for a reasonable time, of all petroleum transported by it, excluding pipes designed and used solely within a terminal facility for terminaling services, including pipes delivering petroleum into or extracting petroleum from tanks used for terminaling services, intra-terminal transfer lines, metering facilities associated with such terminaling services, tanks designed and used for terminaling services, and truck unloading facilities, and to prescribe and enforce regulations for control of these common carriers in respect to their pipe lines and receiving, tanking, delivering, transferring, and loading facilities. It shall exercise this power upon petition by any person showing a substantial interest in the subject. No order requiring the furnishing of such facilities or establishing or prescribing rates, rules, and regulations shall be made, except after hearing after at least ten days and not more than thirty days notice to the person owning, controlling, managing, or operating the pipe lines affected. If any rate shall be filed by any pipe line and a complaint or petition to reduce the rate is filed by any shipper or owner of petroleum, and such complaint is sustained in whole or in part, all owners and shippers of petroleum, who shall have paid rates so filed by the pipe line have the right to reparation or reimbursement of all excess in transportation charges above the proper rate as finally determined, on all shipments made within six months prior to the date of the filing of the complaint.

Acts 2025, No. 458, §8, eff. Oct. 1, 2025.
La. Rev. Stat. § 45:121 — LA Code / Code revised-statutes / Title 45 / Section 121
Electric public utility defined
Status: in_force

The term "electric public utility" as used in this Chapter means any person furnishing electric service within this state, the parish of Orleans excepted, including any electric cooperative transacting business in this state, provided, however, that said term shall not be construed to apply to any person owning, leasing and/or operating an electric generation facility provided such person is not primarily engaged in the generation, transmission, distribution, and/or sale of electricity, and provided that such person: (a) consumes all of the electric power and energy generated by such facility for its own use at the site of generation or at some other location if mutually acceptable agreements to transport such electric power and energy can be reached with each electric public utility whose transmission facilities would be electrically utilized therefor, provided, however, notwithstanding any provision contained herein, there shall be no obligation or duty, expressed or implied, to purchase, to sell, to transport, or to engage in any other type of transaction with respect to the electric power and energy that may be generated by such person, imposed upon any public utility by this Section except as shall be provided in the cogeneration rules and regulations adopted by the Louisiana Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978; or, (b) only consumes a portion thereof in such manner and sells the entire remaining portion of such electric power and energy generated to an electric public utility as herein defined; or, (c) sells the entire production of electric power and energy generated by such facility to an electric public utility as herein defined.

Amended by Acts 1970, No. 34, §1; Acts 1982, No. 562, §1.
La. Rev. Stat. § 45:201.2 — LA Code / Code revised-statutes / Title 45 / Section 201.2
Findings and declaration of policy
Status: in_force

The Legislature of Louisiana, in the exercise of its police power, hereby finds and declares that the activities of transportation network companies and their participating drivers within this state is a business affected with the public interest; that there has been within this state a marked increase in transportation network company services with a consequent increase in hazards to the general public; that transportation network companies and their participating drivers regularly operate across municipal and parish boundaries; that the public in general, and the users of transportation network company services in particular, are not adequately protected against risks resulting from the provision of transportation network company services; that uniform remedial legislation is required to correct and eliminate the conditions adversely affecting the public interest, to insure as far as practicable that the public will receive the benefits of more responsible provision of transportation network company services; that the health, safety, morals, and welfare of the public make it imperative that effective, uniform, reasonable and just supervision, regulation and control be exercised over the operation of transportation network companies and their participating drivers to ensure their responsibility in order that the paramount interest of the public be protected and conserved, that irresponsible provision of transportation network company services detrimental to the public interest be prevented, and that this remedial legislation should be construed liberally and enforced strictly in favor of the public; and that penalties for violations should be prescribed.

Acts 2015, No. 266, §1, eff. June 29, 2015.
La. Rev. Stat. § 45:308 — LA Code / Code revised-statutes / Title 45 / Section 308
Safety standards and practices
Status: in_force

A. Pipeline facilities used in the transportation of gas by public utilities shall be constructed, operated, and maintained in a safe manner.

B. Compliance with Section 8 of the U.S.A. Standard Code for Pressure Piping, Gas Transmission and Distribution Piping Systems, USAS B31.8-1968, constitutes compliance with this section, provided however, the commission shall have the authority to promulgate rules and regulations providing for additional safety standards and practices to conform to amendments to said Section 8 of the American Standard Code for Pressure Piping. Further, the commission shall have authority to adopt any uniform gas pipeline safety standards or practices which may hereinafter be promulgated by any regulatory agency of the United States having jurisdiction thereof.

Added by Acts 1968, No. 81, §1.
La. Rev. Stat. § 45:1198 — LA Code / Code revised-statutes / Title 45 / Section 1198
Violation of commission's order; suits for damages
Status: in_force

If the persons mentioned in R.S. 45:1196 as subject to the control of the commission, do not comply with an order of the commission for the payment of money within the limit fixed in the order, the complainant, or any person for whose benefit the order was made, may file in a court, in the judicial district in which he resides, or in which is located the principal operating office of the carrier, or through which the road or line of the carrier runs, a petition setting forth briefly the causes for which he claims damages, and the order of the commission in the premises. The suit shall proceed in all respects as other civil suits for damages, except that on the trial the finding and order of the commission shall be prima facie evidence of the facts therein stated. If the petitioner prevails finally he shall be allowed a reasonable attorney's fee, to be taxed and collected as part of the costs of the suit. All complaints for the recovery of damages shall be filed with the commission within one year from the time the cause of action accrues, and a petition for the enforcement of an order for the payment of money shall be filed in the court within one year from the date of the order.
La. Rev. Stat. § 45:857 — LA Code / Code revised-statutes / Title 45 / Section 857
Bills of lading not to be issued unless goods or warehouse receipt therefor actually delivered
Status: in_force

No master, owner or agent of any boat or vessel of any description, forwarder, officer or agent of any railroad, transfer or transportation company or other carrier, shall sign or give any bill of lading, receipt or other voucher or document for any merchandise or property, by which it appears that the merchandise or property has been shipped on board of any boat, vessel, railroad car, or other vehicle, unless the merchandise or property is actually shipped and put on board or delivered to the boat, vessel, car or other vehicle, to be carried or conveyed as expressed in the bill of lading, receipt or voucher or document, or unless the merchandise or property is actually deposited in a warehouse operated under the direction and supervision of any agency or board of the state. In the latter case, a warehouse receipt issued in the form required by Title 54, Chapter 1 shall be issued by the board or agency under whose direction and supervision the warehouse is operated, and the receipt delivered to the master, owner or agent of the boat or vessel, or to the officer or agent of the railroad, transfer or transportation company, or other persons signing the bill of lading or other voucher before the bill of lading or voucher is issued or delivered.

The provisions and penalties of R.S. 45:923 and 45:944 shall not apply to bills of lading issued under the provisions of this Section.
La. Rev. Stat. § 45:455 — LA Code / Code revised-statutes / Title 45 / Section 455
Railroad company's failure to furnish representative as member of committee
Status: in_force

If the railway company refuses to furnish a representative within ten days after written notice to meet with the representative of the owner of the land, farm, or plantation and select the third disinterested party as provided for in R.S. 45:452, to examine and decide upon the contemplated work, the owner of the land, farm, or plantation may proceed to do the work and render an itemized sworn statement of the actual cost to the railway company, and the railway company shall pay the account within thirty days.
La. Rev. Stat. § 45:715 — LA Code / Code revised-statutes / Title 45 / Section 715
Violation of law; law inapplicable during strikes
Status: in_force

Whoever violates R.S. 45:711 through 45:714 shall be fined not less than ten dollars nor more than one hundred dollars or imprisoned not more than thirty days, or both.

The provisions of R.S. 45:711 through 45:714 shall not apply during strikes.
La. Rev. Stat. § 45:175 — LA Code / Code revised-statutes / Title 45 / Section 175
Certificate or receipt to be displayed
Status: in_force

Every contract carrier by motor vehicle shall display in each vehicle a certificate or receipt from the Louisiana Public Service Commission setting forth that the policy or bond required by R.S. 45:173 covering such vehicle has been furnished and filed.
La. Rev. Stat. § 45:1327 — LA Code / Code revised-statutes / Title 45 / Section 1327
Status of corporation
Status: in_force

The corporation, any issuer, and any financing party shall not be considered a utility or person providing electric service or natural gas service by virtue of engaging in the transactions described in this Part. The corporation is not an agent of any utility.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:1611 — LA Code / Code revised-statutes / Title 45 / Section 1611
Emergency service plan; cable service providers and video service providers
Status: in_force

When used in this Chapter:

(1) "Cable service" means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the selection or use of video programming or other programming service, but shall not include any video programming provided by a commercial mobile service provider.

(2) "Cable service provider" means any person or entity that provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of that system.

(3) "Cable system" means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community but does not include the following facilities or systems:

(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations.

(b) A facility that serves subscribers without using any public right-of-way.

(c) A facility of a common carrier which is subject, in whole or in part, to common carrier regulation, except that the facility shall be considered a cable system to the extent the facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to provide interactive on-demand services.

(d) An open video system to the extent the system is considered under federal law not to be a cable system.

(e) Any facilities of an electric utility used solely for operating its electric system.

(4) "Commercial mobile service provider" means an interconnected radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, provided for profit and to the public or to a substantial portion of the public.

(5) "Commission" means the Louisiana Public Service Commission.

(6) "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

(7) "Video service" means any video programming service provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. "Video service" shall not include any video programming provided by a commercial mobile service provider or video programming provided as part of a service that enables users to access content, information, email, or other services offered over the public internet.

(8) "Video service provider" means any entity providing video service.

Acts 2020, 2 nd Ex. Sess., No. 42, §1, eff. Dec. 1, 2020.
La. Rev. Stat. § 45:782 — LA Code / Code revised-statutes / Title 45 / Section 782
Duty to transmit messages
Status: in_force

Telegraph and telephone companies shall transmit all communications, not contrary to law or public policy, that are presented by persons offering to pay the usual rates therefor, and in the order in which the applications are made.
La. Rev. Stat. § 45:844.7 — LA Code / Code revised-statutes / Title 45 / Section 844.7
Prohibited contracts void
Status: in_force

Any contract entered into or automatically renewed in violation of this Chapter shall be void.

Acts 1999, No. 1205, §1.
La. Rev. Stat. § 45:1164 — LA Code / Code revised-statutes / Title 45 / Section 1164
Extent of power as to service; exception
Status: in_force

A. The power, authority, and duties of the commission shall affect and include all matters and things connected with, concerning, and growing out of the service to be given or rendered by such public utility, except in the parish of Orleans.

B. The provisions of this Section and R.S. 45:1163 shall not apply to any public utility, the title to which is in the state or any of its political subdivisions or municipalities, unless the electors of such are customers of the public utility have manifested their approval of being under the jurisdiction of the public service commission as is required by Article IV, Section 21(C) of the Constitution of Louisiana in the manner provided by R.S. 45:1164.1 through R.S. 45:1164.13.

C. The provisions of this Section and of R.S. 45:1163, 1176, 1177, 1180, 1181, 1182, and 1183 shall not apply to any person owning, leasing, and/or operating an electric generation facility if such person is not primarily engaged in the generation, transmission, distribution, and/or sale of electricity, and if such person: (a) consumes all of the electric power and energy generated by such facility for its own use at the site of generation or at some other location if mutually acceptable agreements to transport such electric power and energy can be reached with each electric public utility whose transmission facilities would be electrically utilized therefor, provided, however, notwithstanding any provision contained herein, there shall be no obligation or duty, expressed or implied, to purchase, to sell, to transport, or to engage in any other type of transaction with respect to the electric power and energy that may be generated by such person, imposed upon any public utility by this Section except as shall be provided in the cogeneration rules and regulations adopted by the Louisiana Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978; or (b) only consumes a portion thereof in such manner and sells the entire remaining portion of such electric power and energy generated to an electric public utility as defined in R.S. 45:121; or (c) sells the entire production of electric power and energy generated by such facility to an electric public utility as defined in R.S. 45:121.

Amended by Acts 1975, No. 328, §1; Acts 1982, No. 560, §1.
La. Rev. Stat. § 45:798 — LA Code / Code revised-statutes / Title 45 / Section 798
Standards established by department of public safety
Status: in_force

On or before January 1, 1975, the department of public safety shall establish technical and operational standards for the development of basic and sophisticated systems.

Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:816 — LA Code / Code revised-statutes / Title 45 / Section 816
Exceptions to use
Status: in_force

Nothing in this Chapter shall be construed to prohibit or restrict by registration or other means calls made:

(1) At the request of the subscriber.

(2) For the collection of a lawful debt.

(3) For the payment for, service of, or warranty coverage for previously ordered or purchased goods or services or additional goods or services for existing customers or to remind the customer of a previously made appointment.

(4) When a live operator introduces the message, provided the call is immediately terminated if the called party says he is not interested.

(5) By or on behalf of a charitable or nonprofit organization to a subscriber who has donated, or who has expressed an interest in donating, realty, goods, services, or money.

(6) To any person with whom the caller had a pre-existing business relationship.

(7) This Chapter shall not apply to contractual sales regulated by any other provision of the Louisiana Revised Statutes of 1950 or to the sale of financial services, security sales, or sales transacted by companies, or their wholly owned subsidiaries or agents, which are regulated by the Louisiana Public Service Commission.

(8) Pursuant to a political campaign.

(9) To notify or inform the public of an emergency pursuant to Chapter 8-E of this Title.

Acts 1991, No. 917, §1; Acts 1997, No. 199, §1, eff. June 13, 1997.
La. Rev. Stat. § 45:1326 — LA Code / Code revised-statutes / Title 45 / Section 1326
Full authority
Status: in_force

A. The provisions of this Part shall be deemed to be complete, additional, and alternative authority and to provide the full method for the exercise of the powers herein granted and accomplishment of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws. This Part and all powers granted hereby shall be liberally construed to effectuate its and their purposes. All rights and powers herein granted by this Part shall be cumulative with those derived from other sources and shall not, except as expressly stated herein, be construed in limitation thereof. In issuing system restoration bonds, an issuer may avail itself of the provisions of the statutes and the Constitution of Louisiana applicable to that issuer. This Part establishes a supplemental method of financing and does not limit the right of a utility to finance or otherwise recover system restoration costs by other methods as may be approved pursuant to the commission's legal authority instead of a financing order issued under this Part.

B. To the extent that the commission has made a determination of eligible system restoration costs of a utility before the effective date of this Part, that determination may provide the basis for the utility's application for a financing order pursuant to this Part. Further, to the extent that a utility has made application for a determination of eligible system restoration costs before the effective date of this Part, that application may provide the basis in part for the commission's financing order pursuant to this Part.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:1623 — LA Code / Code revised-statutes / Title 45 / Section 1623
Definitions
Status: in_force

As used in this Chapter, the following terms are defined as and mean the following:

(1) "Commission" means the Louisiana Public Service Commission.

(2) "Electric public utility" for the purposes of sale for resale of power related to electric vehicles, or other activities related to operators of electric vehicle equipment, shall be determined by the commission pursuant to its order issued in Docket R-36131.

Acts 2022, No. 762, §1, eff. June 18, 2022.
La. Rev. Stat. § 45:815 — LA Code / Code revised-statutes / Title 45 / Section 815
Regulation of access lines by the commission
Status: in_force

No telephone company or cooperative shall provide access to a telephone access line to any person who solicits calls to such number through the use of ADAD equipment or through the use of the United States mail. A telephone company or cooperative shall, upon the order of the commission, withdraw access to a telephone access line from any person if calls to such number are solicited by ADAD equipment or through the use of the United States mail.

Acts 1991, No. 917, §1.
La. Rev. Stat. § 45:383 — LA Code / Code revised-statutes / Title 45 / Section 383
Mortgages to secure another railroad's bonds
Status: in_force

Any railroad company doing business or owning property in Louisiana, may mortgage its property and franchises, whether then owned or to be acquired, in whole or in part, to secure bonds issued by any other railroad corporation of this or any other state. These bonds shall be issued to refund or secure the means to pay, or the proceeds of which shall be, or have been used to pay, the indebtedness of the mortgage corporations, or to improve or develop its property, or for any purpose authorized by its incorporation. The corporation issuing the bonds shall determine the amounts, the length of time, whether payable within or without Louisiana, and the rate of interest, not to exceed the legal rate at the place of payment.
La. Rev. Stat. § 45:1168 — LA Code / Code revised-statutes / Title 45 / Section 1168
Security issues and assumptions of liability; commission's authorization necessary
Status: in_force

No public utility shall issue any security, or assume any obligation or liability as guarantor, endorser, surety, or otherwise in respect of any security of any other public utility, as defined in this Part or of any other person until it has been authorized to do so by order of the commission.
La. Rev. Stat. § 45:568 — LA Code / Code revised-statutes / Title 45 / Section 568
Violation of law; discontinuance of business
Status: in_force

If any railroad company fails or refuses to comply with the provisions of R.S. 45:566 through 45:567, the governor, through the Attorney General, shall enjoin that company from operating or running any trains in this state until those provisions are complied with.
La. Rev. Stat. § 45:9 — LA Code / Code revised-statutes / Title 45 / Section 9
Permitting or assisting violation
Status: in_force

No member of a firm and no officer, director, agent or employee of a corporation shall knowingly permit or assist the firm or corporation to engage in the business of carrying passengers for hire by airplane without the firm or corporation having first complied with all the provisions of this Chapter.

Whoever violates this Section shall be fined not more than one thousand dollars, or imprisoned for not more than six months or both.
La. Rev. Stat. § 45:801 — LA Code / Code revised-statutes / Title 45 / Section 801
Cooperative agreements; mandatory
Status: in_force

In implementing systems pursuant to this Chapter, all public agencies in a single system shall annually enter into a joint powers agreement or any other form of written cooperative agreement which is applicable when need arises on a day to day basis. In addition, such agreements shall be entered into between public agencies and public safety agencies which are part of different systems but whose jurisdictional boundaries are contiguous. The agreements shall provide that, once an emergency unit is dispatched in response to a request through the system, such unit shall render its services to the requesting party without regard to whether the unit is operating outside its normal jurisdictional boundaries. Copies of the annual agreement shall be filed with the department of public safety. Commencing with the year 1978, all such agreements shall be so filed prior to the 31st day of January. The department of public safety shall commence judicial proceedings to enforce compliance with the provisions of this section where a public agency or public safety agency has failed to timely enter into such agreement or file copies thereof.

Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:1131 — LA Code / Code revised-statutes / Title 45 / Section 1131
Subdivisions and districts authorized to own utilities and issue bonds
Status: in_force

Any political subdivision or taxing district authorized to issue bonds by Article XIV, Section 14 of the Constitution excluding municipal corporations, may construct, acquire, extend or improve any revenue producing public utility, and obtain funds for such purposes and may issue negotiable revenue bonds secured exclusively as to the payment of principal and interest by conventional mortgage on the lands, buildings, machinery and equipment and by pledge of the income and revenue of said public utility sufficient in amount to pay the principal of and the interest on said bonds as they severally mature. Any project or undertaking owned and operated by such political subdivision, or taxing district, and from the conduct and operation of which revenue is or will be derived, shall be considered a revenue producing public utility within the meaning of this Part. The governing body of the political subdivision for the purposes of this Part shall be the body empowered to authorize and issue other bonds of the subdivision under the provisions of Article XIV, Section 14 of the Constitution and Title 39, Sub-title II, Chapter 4.

The term "political subdivision" as used in this Part shall include all such political subdivisions or taxing districts.
La. Rev. Stat. § 45:1237 — LA Code / Code revised-statutes / Title 45 / Section 1237
Additional assignee; powers and duties of the corporation; expenditures; perfection of security interest on storm recovery property; limitations on bankruptcy
Status: in_force

A. In addition to the purpose and powers granted pursuant to the Louisiana Utilities Restoration Corporation Act, R.S. 45:1311 through 1328, the Louisiana Utilities Restoration Corporation, hereinafter referred to as "corporation" in this Section and in R.S. 45:1238 through 1240, shall have the power and authority to participate as an assignee in the financial transactions provided by this Part. Prior to the corporation participating as an assignee, the corporation, in each instance, shall receive prior authorization from the commission. Supplemental to the powers and duties provided in R.S. 45:1313 and 1316, the corporation may perform the functions and activities that assignees are authorized to do by this Part in financing storm recovery costs through storm recovery bonds, except the corporation shall not be an issuer of storm recovery bonds. The corporation's exercise of powers provided in this Part is the performance of an essential governmental function of the corporation.

B. Financing of storm recovery costs pursuant to this Part is hereby recognized to be a valid public purpose for the corporation. The corporation may negotiate and become a party to such contracts as are necessary, convenient, or desirable to carry out the purposes of this Part. The corporation may perform such other acts as are necessary, convenient, or desirable to effectuate the purposes of this Part.

C. The expenditure of money by the corporation pursuant to this Part shall be under the direction of its governing board and the regulation of the commission. Such money shall be paid by the corporation only in accordance with this Part and approved by the commission, pursuant to the procedures established by commission regulations or orders, as applicable. If authorized in a commission order, the corporation may purchase storm recovery property from an electric utility by using the net proceeds of storm recovery bonds that were loaned to the corporation by the issuer of storm recovery bonds that were approved by a financing order. The corporation shall not apply any proceeds of storm recovery bonds or storm recovery charges to any purpose not specified in a commission order, to any purpose in excess of the amount allowed for such purpose in the order, or to any purpose in contravention of the order.

D. In addition to the restrictions required by R.S. 45:1324, the governing board of the corporation shall be prohibited from authorizing any rehabilitation, liquidation, or dissolution of the corporation, and no such rehabilitation, liquidation, or dissolution of the corporation shall take effect, as long as any storm recovery bonds issued in a transaction involving the corporation are outstanding, unless adequate protection and provision has been made for the payment of the bonds pursuant to the documents authorizing the issuance of the bonds. Prior to the date that is two years and one day after which the corporation no longer has any payment obligation outstanding to any issuer of storm recovery bonds, the corporation shall be prohibited from filing and shall have no authority to file a voluntary petition under the federal Bankruptcy Code, as it may, from time to time, be in effect, and neither any public official nor any organization, entity, or other person shall authorize the corporation to be or to become a debtor under the federal Bankruptcy Code during such period. The provisions of this Subsection shall be part of any contractual obligation owed to the holders of storm recovery bonds issued under this Part involving the corporation. Any such contractual obligation shall not subsequently be modified by state law during the period of the contractual obligation, and the state of Louisiana and the Louisiana Legislature hereby covenant with the holders that the state and any public instrumentality thereof and the Louisiana Legislature shall not limit or alter the denial of authority pursuant to this Subsection during the period referred to in this Subsection.

E.(1) When the corporation is involved in the issuance of storm recovery bonds, the corporation shall pledge to, and agree with, the financing parties that until the storm recovery bonds and any ancillary agreements have been paid and performed in full, the corporation shall not do any of the following:

(a) Take or permit any action that impairs or would impair the value of storm recovery property.

(b) Except as allowed pursuant to this Paragraph and except for adjustments under any true-up mechanism established by the commission, reduce, alter, or impair storm recovery charges that are to be imposed, collected, and remitted for the benefit of the financing parties, until all principal, interest, premium, financing costs and other fees, expenses, or charges incurred, and any contracts to be performed, in connection with the related storm recovery bonds have been paid and performed in full. Nothing in this Paragraph shall preclude limitation or alteration if and when full compensation is made by law for the full protection of the storm recovery charges collected pursuant to a financing order and full protection of the holders of storm recovery bonds and any assignee or financing party.

(2) Any person or entity that issues storm recovery bonds may include the pledge specified in this Subsection in the bonds and related documentation.

F. For purposes of this Part, including without limitation all financing statements referenced in this Part, the corporation is considered to be a public entity under R.S. 39:1421 and a governmental unit under R.S. 10:9-102(a). Notwithstanding any provision of law to the contrary, including without limitation R.S. 33:4548.7 and R.S. 39:1430.1, the filing of a financing statement pursuant to this Part is the exclusive method of perfecting a sale, assignment, transfer, or pledge of or security interest or lien on storm recovery property or any right, title, or interest of an assignee or secured party including an issuer of storm recovery bonds therein, including without limitation to perfect a security interest granted by the corporation or by a governmental unit issuer. The provisions of this Section and R.S. 45:1239 shall not be interpreted to conflict with or modify the provisions of R.S. 10:9-109(c)(6) and R.S. 45:1230 through 1232. Financing statements referenced in this Part where the debtor, buyer, or secured party is a public entity and a governmental unit nevertheless shall be filed as provided in this Part.

Acts 2021, No. 293, §2, eff. June 14, 2021.
La. Rev. Stat. § 45:1378 — LA Code / Code revised-statutes / Title 45 / Section 1378
Conforming amendments
Status: in_force

Except as provided in Title 48 of the Louisiana Revised Statutes of 1950, the provisions of this Chapter supersede any inconsistent provisions of state law, including but not limited to the following:

(1) R.S. 9:1253.

(2) R.S. 33:4361, 4401, and 4405.

(3) R.S. 38:2869, 3087.37, 3087.57, 3087.97, 3087.117, 3087.227, and 3087.265.

(4) R.S. 45:781(B).

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:844.5 — LA Code / Code revised-statutes / Title 45 / Section 844.5
Required information
Status: in_force

Prior to the execution of a written contract for wireless telephone service, each company which provides such service within this state shall provide to a consumer the terms of the contract, in writing. Such information shall include but not be limited to the length of the contract. Each executed contract shall include a provision indicating that the consumer has received the information required by this Section.

Acts 1999, No. 1205, §1.
La. Rev. Stat. § 45:675 — LA Code / Code revised-statutes / Title 45 / Section 675
Streets, pavement and repair of
Status: in_force

The provisions contained in R.S. 45:323, relating to the paving and repairing of streets, shall be equally applicable to street railway companies.
La. Rev. Stat. § 45:161 — LA Code / Code revised-statutes / Title 45 / Section 161
Declaration of policy
Status: in_force

The business of operating motor vehicles intrastate for hire as common or contract carriers of persons or household goods, waste, or any other classification of carriers, other than a contract carrier by bus, created by law for compensation upon the public highways and bridges of this state is a business affected with a public interest.

Acts 1995, No. 301, §2, eff. June 15, 1995; Acts 1999, No. 631, §2; Acts 2008, No. 724, §2, eff. July 6, 2008.
La. Rev. Stat. § 45:1355 — LA Code / Code revised-statutes / Title 45 / Section 1355
Disasters; deaf and hard of hearing persons informed
Status: in_force

A. During any time of a disaster, or threat of a disaster, television stations shall transmit information or instructions in connection with the disaster, or threat of disaster, to the deaf and hard of hearing by scrolling or other appropriate means of communication in order to provide such persons with the same information or instructions as is provided to hearing persons.

B. For purposes of this Section, "disaster" means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including but not limited to hurricane, tornado, storm, flood, high water, wind driven water, tidal wave, earthquake, landslide, mudslide, fire, explosion, hostile military actions, or other disasters.

Acts 1993, No. 1007, §1; Acts 2017, No. 146, §10.
La. Rev. Stat. § 45:844.74 — LA Code / Code revised-statutes / Title 45 / Section 844.74
Legislative findings
Status: in_force

A. The legislature finds that Wi-Fi is a technology that enables low-power electronic devices, such as laptop computers, tablets, video game consoles, and smartphones, to connect to the Internet and to each other through wireless network access points. Such "access points" include a Wi-Fi router and also mobile devices that can serve as a wireless access point, known as a "hotspot".

B. The legislature concurs with statements from the Federal Communications Commission (FCC) that the "Internet is a vital platform for economic growth, innovation, competition, and free expression. Wi-Fi is an essential access ramp to that platform. Wi-Fi networks have proliferated in places accessible to the public, such as restaurants, coffee shops, malls, train stations, hotels, airports, convention centers, and parks. Consumers also can establish their own Wi-Fi networks by using FCC-authorized mobile hotspots and their wireless data plans to connect Wi-Fi enabled devices to the Internet. The growing use of technologies that unlawfully block consumers from creating their own Wi-Fi networks via their personal hotspots unjustifiably prevents consumers from enjoying services they have paid for and stymies the convenience and innovation associated with Wi-Fi Internet access."

C. The legislature finds that consumers who purchase cellular data plans should be able to use them without fear that their personal Internet connection will be unlawfully blocked by others, including blocking at locations such as conference centers, hotels, and trade shows.

D. The legislature further finds that for these reasons it is an appropriate exercise of the police power of the state to take action to prevent such unlawful activity.

Acts 2016, No. 532, §1.
La. Rev. Stat. § 45:1315 — LA Code / Code revised-statutes / Title 45 / Section 1315
Law applicable to board
Status: in_force

Members of the board and persons acting on the corporation's behalf, while acting within the scope of their duties or employment, shall not be subject to any personal liability resulting from carrying out the powers and duties conferred on them by this Part and shall have the indemnification rights and shall be deemed covered individuals, as provided in R.S. 13:5108.1, with respect to such actions.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:1144 — LA Code / Code revised-statutes / Title 45 / Section 1144
Bonds; fees and charges, amounts and rates
Status: in_force

When any such political subdivision has issued bonds and pledged the revenues of any utility in whole or in part for the payment thereof, it shall impose and collect fees and charges for the products, commodities and services furnished by such utility, including those furnished to the subdivision itself and its various agencies and departments, in amounts and at rates as shall be sufficient at all times to pay the expenses of operating and maintaining the utility; provide a sinking fund sufficient to assure the prompt payment of principal of and interest on the bonds as each falls due; provide such reasonable fund for contingencies as may be required by the resolution authorizing the bonds and provide an adequate depreciation fund for those repairs, extensions and improvements to the utility as may be necessary to assure adequate and efficient service to the public. No board or commission other than the governing body of the political subdivision shall have authority to fix or supervise the making of such fees and charges.
La. Rev. Stat. § 45:1373 — LA Code / Code revised-statutes / Title 45 / Section 1373
Indemnification
Status: in_force

A holder of a certificate of statewide franchise authority shall indemnify, defend and hold harmless a local governmental subdivision, its officers, agents, and employees from and against any liability for damages and for any liability or claims resulting from tangible property damage or bodily injury, including accidental death, to the extent proximately caused by the holder's negligent construction, operation, or maintenance of its cable system or wireline facilities used to distribute video programming services, provided that the local governmental subdivision shall give the holder written notice of its obligation to indemnify the local governmental subdivision within one hundred eighty days of receipt of a claim or action pursuant to this Section and provided that the holder shall have the right to select counsel of the holder's choice to defend the claim. Notwithstanding the foregoing, the holder shall not indemnify the local governmental subdivision for any damages, liability, or claims resulting from the negligence or willful misconduct of the local governmental subdivision, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any person or entity other than the holder in connection with PEG programming.

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:8 — LA Code / Code revised-statutes / Title 45 / Section 8
Carriage in violation of law
Status: in_force

No person shall engage in the business of carrying passengers for hire by airplane without having first complied with all the provisions of this Chapter.

Whoever violates this section shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
La. Rev. Stat. § 45:844.33 — LA Code / Code revised-statutes / Title 45 / Section 844.33
Violations; penalties
Status: in_force

A. The commission shall investigate any complaint received concerning violations of this Chapter. If, after investigating such complaint, the commission finds there has been a violation of this Chapter, the commission, after notice and hearing, shall impose an administrative penalty against the telephonic solicitor not to exceed one thousand five hundred dollars for each violation.

B. Any telephonic solicitor found by the commission to be in violation of this Chapter who refuses to pay the fine assessed shall, after notice and hearing, be assessed additional cost and reasonable attorney fees related to the collection of the fine.

C. Each telephonic solicitation in violation of this Chapter constitutes a separate offense.

Acts 2003, No. 849, §1.
La. Rev. Stat. § 45:615 — LA Code / Code revised-statutes / Title 45 / Section 615
Purchase or lease of railroad; connecting railroad's power
Status: in_force

Any railway company may acquire by conventional or judicial sales, or by lease, from any other railway corporation, any railroad, the whole or any part of which is in Louisiana, with all the property, privileges, appurtenances, rights and franchises, stocks and bonds, of such railway company, whenever the railroad lines of the contracting companies form, in their operation, connecting or continuous lines of railroad, by bridge, ferry or otherwise. However, the lines of the contracting companies shall not be parallel and competing.
La. Rev. Stat. § 45:1331 — LA Code / Code revised-statutes / Title 45 / Section 1331
Legislative findings and purpose
Status: in_force

A. The Louisiana Legislature declares in Subpart A of this Part that the restoration and rebuilding of utility systems after natural disasters using low-cost capital, thereby minimizing the cost to ratepayers, is a valid public purpose. Supporting the financial strength and stability of utility companies that already have restored and rebuilt, partially or completely, their utility systems after natural disasters is a valid public purpose in the best interests of the citizens of the state.

B. The Louisiana Legislature finds and declares it to be prudent and in the best interests of the state of Louisiana to consider and make available an additional alternate financing technique to support the financial strength and stability of utility companies that have undertaken past, and will undertake future, utility system restoration. Therefore, the Louisiana Utilities Restoration Corporation may create special public trusts for the purpose of providing an alternate financing mechanism available to the Public Service Commission and the council of the city of New Orleans, as applicable, to attract low-cost capital to finance utility system restoration and capital investments and contributions to financially strengthen and stabilize utilities. Special public trusts are nonbusiness entities authorized by this Subpart as a special type of public corporation.

C. The purpose of this Subpart is to minimize costs charged to ratepayers for system restoration costs by providing the corporation with a beneficial interest in a trust that the corporation shall pledge as further security for its obligations to the issuer of the system restoration bonds. The alternate financing technique contemplated by this Subpart used in conjunction with Subpart A of this Part enables the corporation to finance, directly or indirectly, system restoration costs with low-cost capital. Financing of system restoration costs using this alternate financing technique pursuant to this Subpart will additionally safeguard the system restoration bonds so issued and reduce costs to ratepayers. The Louisiana Legislature further finds that this alternate financing technique is a valid public purpose.

D. Securitization financings pursuant to this Subpart, if authorized by the commission in its sole discretion, shall include a commitment by the related utility that the proceeds from the issuance of the system restoration bonds shall be in lieu of recovery of system restoration costs through the regular rate making process to the extent of those securitization financing proceeds.

Acts 2021, No. 293, §3, eff. June 14, 2021.
La. Rev. Stat. § 45:1221 — LA Code / Code revised-statutes / Title 45 / Section 1221
Definitions
Status: in_force

As used in this Part, the following terms and phrases shall have the meanings hereinafter ascribed to them:

(1) "Commission" means the Louisiana Public Service Commission.

(2)(a) "Energy emergency" means a specified period of time, as declared by the commission, characterized by inordinately high utility bills, which are a product of one or all of the following:

(i) High gas or other fuel costs.

(ii) Unusually inclement weather which necessitates extensive use of utilities.

(iii) Any other circumstances as determined by the commission.

(b) The commission is authorized to determine what constitutes "inordinately high utility bills", "high gas or other fuel costs", and "unusually inclement weather".

(3) "Deferred billing program" means a program administered by a utility that allows utility customers to defer payment of a utility bill up to a twelve-month time period.

(4) "Eligible customers" include any one of the following:

(a) Those persons whose income does not exceed one hundred fifty percent of the poverty level as established by the federal government and who are sixty-five years of age or older.

(b) Those persons who receive any one of the following:

(i) Food stamps.

(ii) Temporary Assistance for Needy Families (TANF).

(c) Those persons whose sole income consists of Social Security payments.

(d) As determined by the commission, vital government entities who provide services the absence of which could result in imminent peril to the public health, safety, and welfare.

(e) Those persons who need life-sustaining, electrically operated equipment, or life-sustaining medical treatment that requires electricity in order to live.

(5) "Utility" means any person, public or private, subject to the general jurisdiction of the commission pursuant to Article IV, Section 21 of the Constitution of Louisiana who provides electric or gas services to consumers in this state.

Acts 2001, No. 629, §1.
La. Rev. Stat. § 45:142 — LA Code / Code revised-statutes / Title 45 / Section 142
Ten-foot restriction; prohibited functions or activities
Status: in_force

No person shall, individually or through an agent or employee, perform any function or activity upon any land, building, highway, waterway, or other premises, if at any time during the performance of any function or activity it is possible that the person performing the function or activity shall move or be placed within ten feet of any high voltage overhead line, or if it is possible for any part of any tool, equipment, machinery, or material used, handled, or stored by such person to be brought within ten feet of any high voltage overhead line or conductor during the performance of such function or activity.

Acts 2001, No. 176, §1, eff. Jan. 1, 2002.
La. Rev. Stat. § 45:1141 — LA Code / Code revised-statutes / Title 45 / Section 1141
Priority among series
Status: in_force

If more than one series of bonds are issued payable from the revenues of any utility, priority of the mortgage of such utility and pledge of the revenues thereof shall depend on the time of the delivery of the bonds, each series rights priming series of bonds subsequently delivered. However, as to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the governing body may in the proceedings authorizing the issuance of the bonds provide that all of the bonds of such series or issue shall run concurrently regardless of the time of delivery.
La. Rev. Stat. § 45:180.1 — LA Code / Code revised-statutes / Title 45 / Section 180.1
Wreckers and towing services
Status: in_force

A. Any arrangement, agreement or understanding covering or contemplating the operation or use of wreckers or towing services for hire, charge or compensation or for any benefit amounting to a consideration is a business affected with the public interest. As used in this section, "wreckers or towing services" means any motor vehicle capable of pulling or towing any wrecked, damaged or disabled motor vehicle or any motor vehicle otherwise incapable of self-propulsion. Except as otherwise provided in this section, the provisions of this Chapter shall be applicable to the regulation of this business.

B. The legislature, in the exercise of its police power, hereby finds and declares that the use and operation of wreckers and towing services should be the subject of regulation by the Louisiana Public Service Commission, that there has been within this state a marked increase in the number of such vehicles and the use thereof, that excessive charges have been levied at times by the persons engaging in this business, that the public is not adequately protected from the levy of such charges, that the irresponsible operation of this business is detrimental to the general welfare and that the health, safety and welfare of the public make it imperative that effective, uniform, reasonable and just supervision, regulation and control be exercised over the operation of the business of operating and using such vehicles to insure their responsibility in order that the paramount interest of the public be protected and conserved.

C.(1) The commission has power and authority necessary to supervise, govern, regulate, and control the business of the operation and use of wreckers and towing services, to designate classes and categories of said vehicles, to fix reasonable and just rates, fares, tolls, charges for storage services, or charges for the commodities furnished or services rendered by persons engaging in the operation and use of said vehicles.

(2) The power, authority, and duties of the commission shall include all matters connected with the service to be given or rendered, the records to be kept by persons engaged in said business. Except as otherwise provided, the commission shall have the power to adopt and enforce such reasonable rules, regulations, and modes or procedure as it may deem proper for the discharge of its duties, to summon and compel the attendance of witnesses, to swear witnesses, to compel the production of books and papers, to take testimony under commission and punish for contempt as fully as is provided for by law by the district courts, and to prescribe and require the furnishing and filing of tariffs and schedules.

(3) The commission shall be charged with the duty of policing and enforcing the provisions of this Section. Its duly appointed officers shall have authority to make arrests for violations of any of the provisions of this Section, orders, decisions, rules, and regulations of the commission, or any part or portion thereof, and to serve any notice, order, or subpoena issued by any court, the commission, its secretary, or any employee authorized to issue same, and to this end shall have full authority throughout the state. Such officers upon reasonable belief that any motor vehicle is being operated in violation of any provisions of this Section shall be authorized to require the driver thereof to stop and exhibit the registration certificate issued for such vehicle, to submit to such officers for inspection any and all bills of lading, waybills, invoices, or other evidences of the character of the lading being transported in such vehicle and to permit such officer to inspect the contents of such vehicle for the purpose of comparing same with bills of lading, waybills, invoices, or other evidences of ownership or of transportation for compensation.

(4) It shall be the further duty of such enforcement officers to impound any books, papers, bills of lading, waybills, and invoices which would indicate the transportation service being performed is in violation of this Section, subject to the further orders of the commission.

D. No person shall engage in the business of the operation and use of wreckers and towing services without first having obtained from the commission a wrecker license, the number of which shall be displayed on both sides of every wrecking vehicle he operates. The fee for such license shall not exceed ten dollars.

E. In addition to any other penalties imposed by this Chapter, no person shall violate any of the provisions of this Section or any of the rules, regulations, orders, or decrees of the commission promulgated pursuant to this Section, or engage in the business of the operation and use of wreckers and towing services without first having obtained a common carrier certificate or a contract carrier permit from the commission. Whoever violates the provisions of this Section shall be fined by the commission at open hearing not less than one hundred dollars nor more than one thousand dollars for each violation.

F. Municipalities and parishes may, by ordinance, regulate, control, supervise and govern the business of operation and use of wreckers and towing devices in the manner provided under this section until such time as the public service commission shall pass uniform regulations applicable throughout the state; provided that the authority herein granted to parishes shall not extend to such businesses within the corporate limits within any municipality lying within the parish. The penalty for violation of such ordinances shall be no more severe than those contained in Subsection (E) of this section.

Added by Acts 1968, No. 219, §1. Amended by Acts 1970, No. 56, §1; Acts 1999, No. 1107, §1; Acts 1999, No. 1108, §2.
La. Rev. Stat. § 45:1140 — LA Code / Code revised-statutes / Title 45 / Section 1140
Title of purchaser
Status: in_force

When any sale of the mortgaged property shall be held under the provisions of R.S. 45:1137 through 45:1141, the purchaser at the sale, and his successor or assign, shall be vested with an exclusive permit and franchise to maintain and operate the property purchased, and to continue to supply to the public the commodities, products or services previously supplied by the utility, with the same powers and privileges previously enjoyed by the political subdivision in the operation of said utility. This franchise shall continue for such period not exceeding forty years from the date of sale as may be fixed by the governing body in the resolution authorizing the bonds, and shall be subject to all statutory limitations pertaining to the granting of municipal franchises.
La. Rev. Stat. § 45:1205 — LA Code / Code revised-statutes / Title 45 / Section 1205
Livingston Parish; water regulation
Status: in_force

Every public water utility district consisting of all or any part of Livingston Parish presently or hereafter created for any purpose by the governing authority of Livingston Parish shall be under the jurisdiction, supervision, regulation, control and rate fixing authority of the Louisiana Public Service Commission; but no rate or rates fixed by the commission shall become effective without the prior approval of the governing authority of the parish of Livingston.

Acts 1962, No. 243, §1.
La. Rev. Stat. § 45:1365 — LA Code / Code revised-statutes / Title 45 / Section 1365
State franchise; effect on existing local franchise agreement
Status: in_force

A. Any incumbent service provider providing cable service or video service in this state on August 15, 2008, under a franchise previously granted by a local governmental subdivision is not subject to nor may it avail itself of the state-issued certificate of franchise authority provisions of this Chapter with respect to that local governmental subdivision until such franchise expires or as provided in this Section. Notwithstanding any other provision of law to the contrary, any such cable service provider or video service provider may offer cable service or video service under a state-issued certificate of franchise authority in accordance with the provisions of this Chapter upon meeting one of the following circumstances:

(1) Offering service in local governmental subdivisions where it currently does not have an existing franchise.

(2) The filing of a statement of termination in the form of an affidavit with the secretary of state setting forth a mutually agreed upon date to terminate the existing franchise set by both the local governmental subdivision issuing the existing franchise and the incumbent service provider subject to the existing franchise.

(3) The expiration, prior to renewal or extension, of its existing franchise.

(4) Termination of its existing franchise, as provided in Subsection B of this Section.

B. Any incumbent service provider shall have the option to terminate an existing franchise previously issued by a local governmental subdivision and may instead offer cable service or video service in such local governmental subdivision under a certificate of state franchise issued by the secretary of state in accordance with the provisions of R.S. 45:1364, provided that the following requirements are satisfied by any such incumbent service provider:

(1)(a) An incumbent service provider exercising its termination option shall file a statement of termination with the secretary of state in the form of an affidavit containing the information required by R.S. 45:1364(B) and submit copies of such filing with any affected local governmental subdivision. Termination of existing franchises is effective immediately upon the effective date of the certificate of state franchise issued by the secretary of state.

(b) If a cable service provider exercises its termination option pursuant to this Section, the cable service provider shall notify its customers at least thirty days before termination of the certificate is effective, if the effective date of termination is within the cable service provider's control. The cable service provider shall notify its customers of a possible disruption of cable service as a result of the termination of the certificate in writing and through announcements on the cable system.

(2) An incumbent service provider shall remain, under the terms and conditions of the terminated franchise, subject to and obligated for any indebtedness, liability, or obligation that is accrued, due, and owing to a local governmental subdivision at the time the incumbent service provider terminates the existing franchise previously issued by said local governmental subdivision. Nothing in this Chapter shall be construed to release an incumbent service provider exercising the option to terminate from any such accrued, due and owing indebtedness, liability, or obligation.

(3) An incumbent service provider that elects to terminate its existing franchise for a local governmental subdivision shall remain subject to the contractual rights, duties, and obligations incurred by the incumbent service provider under the terms and conditions of the terminated local franchise that are owed to any private person, including a subscriber.

Acts 2008, No. 433, §1; Acts 2024, No. 374, §1.
La. Rev. Stat. § 45:1236 — LA Code / Code revised-statutes / Title 45 / Section 1236
No impairment of commission jurisdiction
Status: in_force

Nothing in this Part is intended to be nor shall be construed to constitute any limitation, derogation, or diminution of the jurisdiction or authority of the commission provided by law, including that provided in or exercised by the Public Service Commission pursuant to the Constitution of Louisiana or the council of the City of New Orleans pursuant to its Home Rule Charter.

Acts 2006, No. 64, §2, eff. May 22, 2006.
La. Rev. Stat. § 45:833 — LA Code / Code revised-statutes / Title 45 / Section 833
Rights of purchasers
Status: in_force

A. Any contract, agreement to purchase, or confirmation executed by a telephonic seller which purports to waive the rights of a purchaser under R.S. 45:831 or 832 shall be against public policy and unenforceable. However, an agreement between a purchaser and a telephonic seller to extend the delivery time of any item to more than thirty days shall be enforceable if such seller has a reasonable basis to expect that he will be unable to ship the item within thirty days and includes provisions for such extension in the confirmation or contract required by R.S. 45:831.

B. Any contract, agreement to purchase, or confirmation executed by a telephonic seller which confers greater rights upon a purchaser than the rights of the purchaser pursuant to R.S. 45:831 or 832 shall only be enforceable and not be in violation of such provisions if all such rights of the purchaser are specifically stated in the confirmation or contract required by R.S. 45:831.

C. The provisions of this Section and R.S. 45:831 and 832 shall not eliminate, reduce, or otherwise restrict any other right of or remedy available to a purchaser.

Acts 1995, No. 679, §1.
La. Rev. Stat. § 45:2 — LA Code / Code revised-statutes / Title 45 / Section 2
Bond required
Status: in_force

Every person engaged in the business of operating airplanes for the purpose of carrying passengers for hire shall procure and execute an indemnity bond in the amount provided in R.S. 45:5 with a good and solvent surety company authorized to do business in this state, as surety, with the obligation running in favor of any person who may be injured in person or property, or otherwise suffer loss or damage, by the operation of any airplane so used by such person in said business.
La. Rev. Stat. § 45:1454 — LA Code / Code revised-statutes / Title 45 / Section 1454
Defamation; burden of proof
Status: in_force

If the privilege granted herein is claimed and if, in a suit for damages for defamation, a legal defense of good faith has been asserted by a reporter or by a news media with respect to an issue upon which the reporter alleges to have obtained information from a confidential source, the burden of proof shall be on the reporter or news media to sustain this defense.

Acts 1964, No. 211, §4.
La. Rev. Stat. § 45:5 — LA Code / Code revised-statutes / Title 45 / Section 5
Amount of bond
Status: in_force

If the person engaged in the business of carrying persons for hire by airplane uses in the business only one airplane which is used or intended to be used for the purpose of carrying passengers for hire, then the amount of the bond shall be fifteen thousand dollars, and for every additional airplane that such person may so use, the amount of the bond shall be increased by one thousand dollars.
La. Rev. Stat. § 45:1164.9 — LA Code / Code revised-statutes / Title 45 / Section 1164.9
Violation of standards for petition or election; nullity of election
Status: in_force

If the provisions of R.S. 45:1164.1-45:1164.13 are not substantially complied with, the election shall be illegal and ineffective and enjoined or declared null and void by any court of competent jurisdiction at the suit of any elector who was qualified to vote in the election. Such a suit must be brought before thirty days after the promulgation of the results of the election.

Added by Acts 1975, No. 328, §2.
La. Rev. Stat. § 45:200.1 — LA Code / Code revised-statutes / Title 45 / Section 200.1
Findings and declaration of policy
Status: in_force

The legislature of Louisiana, in the exercise of its police power, hereby finds and declares that the operation of public carrier vehicles (as herein defined) within this state is a business affected with the public interest; that there has been within this state a marked increase in the number of such vehicles, and use thereof, with a consequent increase in hazards to the general public; that such vehicles regularly operate across municipal and parish boundaries; that the public in general, and the users of such vehicles in particular, are not adequately protected against risks resulting from the operation of such vehicles; that uniform remedial legislation is required to correct and eliminate the conditions adversely affecting the public interest, to insure as far as practicable that the public will receive the benefits of more responsible operation of such vehicles; that the health, safety, morals and welfare of the public make it imperative that effective, uniform, reasonable and just supervision, regulation and control be exercised over the operation of such vehicles to ensure their responsibility in order that the paramount interest of the public be protected and conserved, that irresponsible operation of such vehicles detrimental to the public interest be prevented, and that this remedial legislation should be construed liberally and enforced strictly in favor of the public; and that penalties for violations should be prescribed.

Added by Acts 1962, No. 404, §1.
La. Rev. Stat. § 45:841 — LA Code / Code revised-statutes / Title 45 / Section 841
Definitions
Status: in_force

The following terms as used in this Chapter shall have the following meanings:

(1) "Emergency" means an actual or imminent threat to public health or safety which may result in loss of life, injury, or property damage.

(2) "Emergency alert provider" means a third party which is designated by a parish office of homeland security and emergency preparedness to provide emergency alert services for that parish and which is certified as such by the Governor's Office of Homeland Security and Emergency Preparedness 1 .

(3) "Emergency alert services" means the placement of telephone calls to notify the public of an emergency or to provide information relative to an emergency.

(4) "Listed number" means an active telephone number which is published in a telephone directory.

(5) "Parish office of homeland security and emergency preparedness" means an agency of local government established pursuant to R.S. 29:727.

(6) "Telephone company" means an entity which provides local telephone service to subscribers for a fee.

(7) "Unlisted number" means an active telephone number which is not published in a telephone directory.

Acts 1997, No. 199, §2, eff. June 13, 1997; Acts 2003, No. 40, §4, eff. May 23, 2003; Acts 2006, 1 st Ex. Sess., No. 35, §8, eff. March 1, 2006.

1 See Acts 2006, 1 st Ex. Sess., No. 35, §8, which changes the term "state office of homeland security and emergency preparedness" to "Governor's Office of Homeland Security and Emergency Preparedness" and §10, which provides for the termination of the Act and the reversion to the law in effect prior to the Act on July 1, 2010.
La. Rev. Stat. § 45:1180 — LA Code / Code revised-statutes / Title 45 / Section 1180
Expenses incurred to assist in investigations to be paid by carrier or utility
Status: in_force

A. Whenever the commission makes an examination of the affairs of any person doing a public service or public utilities business in Louisiana concerning matters affecting services or rates charged by such public service or public utilities businesses to Louisiana consumers, all expenses incurred by the commission for services necessary to assist the commission in conducting such examination, including the expenses and fees of engineers, consultants, accountants, or such other support staff and clerical assistants specially employed to make the examination, shall, at the discretion of the commission, be paid by the person so examined.

B. Attorneys or special counsel may be retained by the commission to assist the commission for the purpose of evaluating and reviewing matters affecting services and rates charged by public utilities to Louisiana consumers and for representing the Public Service Commission in such cases or the judicial review thereof.

C.(1)(a) On or before October 31, 1993, the commission, pursuant to Article IV, Section 21 of the Louisiana Constitution of 1974, shall adopt uniform rules and procedures to be utilized in the selection of such contract employees. Such procedures shall at the minimum set forth the conditions under which a request for proposals shall or shall not be utilized, the reasons therefor, the procedure to be utilized to request proposals, and what criteria and qualifications shall be required for the selection of such outside contract employees; shall specify uniform guidelines for billing for such services; and shall provide ready public access to the records of the commission showing the amounts and nature of charges paid to such contract employees.

(b) The commission shall draw up detailed specifications for needed legal or consulting services and shall issue requests for proposals to persons who meet such specifications.

(2) All such contracts shall be a matter of public record, and action on them shall only be undertaken at a duly announced meeting of the commission at which a quorum is present.

(3) A copy of the rules and procedures adopted pursuant to this Section shall be transmitted forthwith upon adoption or subsequent amendment to the president of the Senate, the speaker of the House of Representatives, and the chairmen of the House Commerce Committee and the Senate Commerce, Consumer Protection, and International Affairs Committee.

Amended by Acts 1954, No. 376, §1; Acts 1976, No. 468, §1; Acts 1985, No. 561, §1, eff. July 12, 1985; Acts 1992, No. 871, §1, eff. July 1, 1993; Acts 2003, No. 183, §5; Acts 2007, No. 234, §1.

{{NOTE: SEE ACTS 1985, NO. 561, §3.}}
La. Rev. Stat. § 45:619 — LA Code / Code revised-statutes / Title 45 / Section 619
Binding date of purchase at judicial sale
Status: in_force

Any purchase at judicial sale by any railway corporation approved by two-thirds of the capital stock of such purchasing company in a stockholders' meeting, duly convened and held, is valid and binding from the date of the purchase.
La. Rev. Stat. § 45:125 — LA Code / Code revised-statutes / Title 45 / Section 125
Mortgages; recordation; re-inscription
Status: in_force

A mortgage made according to R.S. 45:124 upon transmission lines and appurtenances shall bind the same in the several parishes where they may be, by the recordation of the mortgage in the parish where the transmission lines are situated, and such mortgage need not be re-inscribed to continue it in force.
La. Rev. Stat. § 45:1147 — LA Code / Code revised-statutes / Title 45 / Section 1147
Bonds; refunding
Status: in_force

The governing body of any political subdivision which has issued bonds under this Part may thereafter authorize the issuance of bonds for the purpose of refunding the outstanding bonds. The refunding bonds may either be sold and the proceeds applied to the retirement of the outstanding bonds, or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects in the same manner as original bonds, and although they may differ as to maturity, interest rate and other details, shall have the same security and enjoy the same sources of payment and rank of privilege as enjoyed by the bonds refunded.
La. Rev. Stat. § 45:567 — LA Code / Code revised-statutes / Title 45 / Section 567
Time for compliance with law
Status: in_force

Railroads shall comply with the provisions of R.S. 45:566 before they commence operation.
La. Rev. Stat. § 45:852 — LA Code / Code revised-statutes / Title 45 / Section 852
Bonds of employees; utility not to designate surety; penalty
Status: in_force

No public utilities corporation, or its officers or managers requiring any employee to post bond for his fidelity and honesty, shall require the employee to make such bond by giving as surety any specific bonding company designated or named by such corporations, its officers or managers. Any bonding company authorized to do business under the laws of Louisiana that may be selected by the employee shall be accepted as surety on such bond when such bonding company is offered as surety.

When satisfactory to the employers, bond may be made in such cases by the employee giving private surety.

This Section shall not apply to bonds whereon the premium is paid by the employer and is not charged to the employee in any manner.

Whoever violates this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months.
La. Rev. Stat. § 45:481 — LA Code / Code revised-statutes / Title 45 / Section 481
Animals, water for in stock yards or pens; application of Section
Status: in_force

The carriers of cattle, horses, mules, sheep, swine and goats brought or transported between points within the state, and intended for breeding purposes or domestic or agricultural use in Louisiana, shall provide railroad stock yards or pens for loading and unloading stock, and have an adequate water-supply system, which shall be continually accessible to all stock unloaded or to be loaded on railroads or steamboats.

The provisions of this Section apply to all stock yards, receiving pens, and places where such animals are kept for sale.
La. Rev. Stat. § 45:844.41 — LA Code / Code revised-statutes / Title 45 / Section 844.41
Short title
Status: in_force

This Chapter shall be known and may be cited as "The Local Government Fair Competition Act".

Acts 2004, No. 736, §1, eff. July 6, 2004.
La. Rev. Stat. § 45:177 — LA Code / Code revised-statutes / Title 45 / Section 177
Exemptions; policy or bond
Status: in_force

Nothing in R.S. 45:173 through 45:176 shall apply to motor vehicles operated:

(1) In transporting school children and teachers;

(2) In hauling farm products exclusively;

(3) Exclusively for transporting workers to and from any factory or mill located in this state;

(4) For hotel passengers or baggage when used exclusively for its patrons and employees;

(5) And owned by the United States, District of Columbia, any state or any political subdivision of this state;

(6) Or owned, leased, used, or controlled by any farmer, group of farmers or any legally incorporated farmer-owned and controlled cooperative association while engaged in the transportation of his or its agricultural commodities and products, or in the transportation of supplies to his farm, or the farms of the members of such association;

(7) By electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street railway service;

(8) Exclusively in carrying fruit, live stock poultry products, buttermilk, fresh milk and cream, meats, butter and cheese, produced on the farm, fish (including shell fish), cotton, cotton seed, cotton seed hulls and cotton seed meal, other horticultural or agricultural commodities (not including manufactured products thereof), naval stores and forest products, including lumber, raw materials used in the manufacture of naval stores (but not including manufactured products thereof) from the point of production to market and between any of the following points: farm, market, gin, warehouse, or mill, while the title is still in the producer, and where the net load does not exceed eighteen thousand pounds. "Other agricultural and horticultural commodities" shall include fertilizer, household goods and other supplies transported to farms and dairies for farm and dairy purposes;

(9) Exclusively in the distribution of newspapers;

(10) Exclusively in hauling for the state highway department, or for any parish, city or town in this state;

(11) Exclusively in hauling gravel or other unmanufactured road building material;

(12) In the transportation of persons or property operating under the authority of a municipal ordinance wholly within a municipality or between contiguous municipalities, or within a zone adjacent to and commercially a part of such municipality or municipalities but not exceeding seven miles from the corporate limits, except when such transportation is under a common control, management or arrangement for a continuous carriage or shipment to or from a point without such municipality, municipalities, or zone.
La. Rev. Stat. § 45:1163.1 — LA Code / Code revised-statutes / Title 45 / Section 1163.1
Common carrier or public utility rate increases under protective bond or security; definitions, procedure for filing bonds; refunds
Status: in_force

A. As used in this Section:

(1) "Effective filing date" means the date on which a common carrier or public utility first requests an increase by filing either an application, petition, or proposed rate schedule and its direct testimony by either affidavit or orally in support thereof with the Louisiana Public Service Commission. For purposes of this Section, subsequent substantial alteration of the application, petition, or proposed rate schedule shall constitute an interruption of the time period provided for herein.

(2) "Full decision" means the signing of an order by the Louisiana Public Service Commission on the merits of the proposed rate increase contained in any application, petition, or proposed rate schedule filed by a common carrier or public utility which order grants or denies, in whole or in part, the proposed rate increase.

(3) "Full refund" means the difference, if any, between the gross additional revenue collected during a period of temporary imposition of a rate increase pending final determination of validity of such increase and the gross additional revenue finally determined to be reasonable by the commission or, if appealed, by a court, together with legal interest thereon.

(4) "Proposed schedule" means any request by a common carrier or public utility contained in either an application, petition, or rate schedule which would result in an increase in rates of services that are deemed noncompetitive by the Public Service Commission, which may be filed with the commission after the effective date of this Section.

(5) "Protective bond" means any bond by the common carrier or public utility with a surety company authorized to do and doing business in the state of Louisiana in the amount of the additional revenue due to the temporary rate increase that the common carrier or public utility certifies to the commission it will receive within the twelve month period following the effective filing date of the protective bond.

(6) "Security" means any arrangement approved by the Louisiana Public Service Commission to assure full refund.

B. Whenever a common carrier or public utility files with the Louisiana Public Service Commission a proposed schedule and a full decision is not rendered within twelve months after the effective filing date, the proposed rate increase may be implemented by the common carrier or public utility, in whole or in part, by filing with the commission protective bond or security to assure full refund. The commission may challenge the bond in the district court of the domicile of the commission. If the judgment of the court holds the bond insufficient or invalid, the procedures and time limitations set forth in Code of Civil Procedure Articles 5124-5126 shall apply.

C. The rates which become effective on filing of the prescribed protective bond or security may be continued in effect by the common carrier or public utility under the terms of the protective bond or security until final determination of the validity of the proposed rate increase by the commission, or if appealed, by the court. If the increase is not allowed and a refund is ordered, the full refund shall be paid as soon as possible but in no event to exceed ninety days after the full decision by the commission, or if appealed, after final action by a court of last resort. Upon payment of the full refund or a final determination upholding the full amount of the rate increase, the protective bond or security shall be released and all obligations thereunder shall terminate.

D. The commission may permit a common carrier or public utility to put a rate increase into effect, in whole or in part, after the effective filing date and pending its full decision, by approving protective bond or security to assure full refund.

Added by Acts 1976, No. 151, §1; Acts 2003, No. 738, §1.
La. Rev. Stat. § 45:1097.1 — LA Code / Code revised-statutes / Title 45 / Section 1097.1
Freight loss or damage; time for settlement
Status: in_force

Motor carriers shall settle, either by payment or by denial of liability, any written notice or claim for damages to goods resulting from transporting property for compensation or hire within sixty days after the filing of written notice or claim.

Acts 1972, No. 70, §2.