La. Rev. Stat. § 45:673 — LA Code / Code revised-statutes / Title 45 / Section 673
Acquisition of railroad property; stockholder's approval
Status: in_force

In order for a conventional sale, lease or grant or use of any portion of any railroad, property, rights and franchises, to take place and be valid, it shall first be approved and ratified by two-thirds of the capital stock of each of the contracting companies at a stockholders meeting called for the purpose, after public notice of thirty clear days by advertisement in a newspaper published at the domiciles of the respective companies in the manner provided by law for judicial sales, calling the meeting of the stockholders of the contracting companies. The purchase at judicial sale shall be authorized and approved by two-thirds of the capital stock of the street railway company, at a stockholders meeting convened for that purpose, after thirty days public notice of the meeting has been given in a newspaper published at the domicile of the purchasing company, in the manner provided by law for judicial sales.
La. Rev. Stat. § 45:712 — LA Code / Code revised-statutes / Title 45 / Section 712
Competent instructors defined
Status: in_force

As used in R.S. 45:711 through 45:715 competent instructors mean motormen or conductors who have been in the service of the company to which the application is made for at least one year.
La. Rev. Stat. § 45:620 — LA Code / Code revised-statutes / Title 45 / Section 620
Laws and regulations applicable
Status: in_force

Railroad companies availing themselves of the provisions of R.S. 45:613 through 45:619 shall maintain a domicile and main and general office in Louisiana and shall be subject to the control and regulation of the laws of Louisiana and the Louisiana Public Service Commission.
La. Rev. Stat. § 45:1204 — LA Code / Code revised-statutes / Title 45 / Section 1204
East Baton Rouge Parish; water regulation
Status: in_force

Every water district consisting of all or any part of East Baton Rouge Parish and every water utility company serving any consumers in East Baton Rouge 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 East Baton Rouge Parish.

Acts 1962, No. 181, §1.
La. Rev. Stat. § 45:1199 — LA Code / Code revised-statutes / Title 45 / Section 1199
Violation of commission's order; joinder of parties
Status: in_force

In suits under R.S. 45:1198 all parties in whose favor the commission may have made an award for damages by a single order, may be joined as plaintiffs, and all of the carriers parties to such order awarding damages may be joined as defendants, and the suit may be maintained by the joint plaintiffs and against the joint defendants in any district where any one of the joint plaintiffs could maintain the suit against any one of the joint defendants, and service of process against any of the defendants may be had in the district where such defendant carrier has its principal operating office. In case of such joint suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs against the defendant found to be liable to that plaintiff.
La. Rev. Stat. § 45:1353 — LA Code / Code revised-statutes / Title 45 / Section 1353
Damages recoverable for defamatory statements
Status: in_force

In any action against any owner, licensee or operator, or the agents or employees of any owner, licensee or operator, of a visual or sound radio broadcasting station or network of stations for damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, the complaining party shall be allowed only such actual damages as he may prove.

Acts 1950, No. 468, §3.
La. Rev. Stat. § 45:264 — LA Code / Code revised-statutes / Title 45 / Section 264
Violation of law by carrier; penalty recoverable by state or person discriminated against
Status: in_force

No common carrier as defined in R.S. 45:251, shall wilfully violate any provision of this Chapter, or fail to perform any duty imposed by this Chapter or fail to obey any valid order of the commission when not stayed or suspended by order of court.

Whoever violates this Section shall be fined not less than one hundred dollars, nor more than five thousand dollars for each offense, such penalty to be recoverable at the suit of the Attorney General in the name of the state and for its own use. This penalty may also be recovered by and for the use of any person against whom there shall have been an unlawful discrimination as defined in this Chapter, the suit to be brought in the name and for the use of the party aggrieved.
La. Rev. Stat. § 45:1601 — LA Code / Code revised-statutes / Title 45 / Section 1601
Definitions
Status: in_force

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

(1) "Department" means the Louisiana Department of Health.

(2) "Lending entity" means the governmental or financial entity providing financing to a water cooperative.

(3) "U.S.D.A." means the United States Department of Agriculture.

(4) "Water cooperative" means any nonprofit water utility cooperative or corporation that is wholly owned by water user members and eligible to receive financing from a lending entity.

Acts 2016, No. 444, §1, eff. June 9, 2016.
La. Rev. Stat. § 45:1458 — LA Code / Code revised-statutes / Title 45 / Section 1458
Application to other proceedings and discovery
Status: in_force

The provisions of R.S. 45:1455 through 1458 shall apply to subpoenas issued in connection with all legislative hearings, administrative proceedings, grand jury hearings and proceedings conducted under Article 66 of the Code of Criminal Procedure. The provisions of this Chapter shall also govern all subpoenas issued in connection with depositions or other discovery authorized by law.

Acts 1987, No. 803, §1.
La. Rev. Stat. § 45:847 — LA Code / Code revised-statutes / Title 45 / Section 847
Meters; false measurement
Status: in_force

No person furnishing gas, electricity or water to consumers shall knowingly construct, use or furnish to the consumers any false meter or any false system for measuring and registering the quantity of gas, electricity, or water consumed by the patron.
La. Rev. Stat. § 45:844.54 — LA Code / Code revised-statutes / Title 45 / Section 844.54
Eminent domain
Status: in_force

A. Subject to the applicable provisions of the Louisiana Constitution, a local government may not exercise its power of eminent domain to condemn plant, equipment, or real property of a private provider for the purpose of providing to a subscriber a covered service.

B. Nothing contained in Subsection A of this Section shall be construed or applied in any manner to preclude a local government from exercising its power of eminent domain for any other lawful purpose other than for the purpose proscribed in Subsection A of this Section.

Acts 2004, No. 736, §1, eff. July 6, 2004.
La. Rev. Stat. § 45:1260 — LA Code / Code revised-statutes / Title 45 / Section 1260
Electric utility applicability
Status: in_force

An assignee or financing party shall not be considered an electric utility or person providing electric service by virtue of engaging in the transactions described in this Part.

Acts 2010, No. 988, §2, eff. July 6, 2010.
La. Rev. Stat. § 45:201.1 — LA Code / Code revised-statutes / Title 45 / Section 201.1
Short title
Status: in_force

The provisions of this Part shall be known and may be cited as "The Transportation Network Company Motor Vehicle Responsibility Law".

Acts 2015, No. 266, §1, eff. June 29, 2015.
La. Rev. Stat. § 45:1161.4 — LA Code / Code revised-statutes / Title 45 / Section 1161.4
Public Service Commission districts
Status: in_force

A. The state shall be divided into the following five Public Service Commission districts, and one commissioner shall be elected from each district:

(1) District 1 is composed of Precincts 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 105, 106, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 132, 134, 136, 175, 176, 177, 178, 182, 183, 184, 185A, 189, 190, 192, 193A, 193B, 194A, 194B, 198, 199, 202, 203, 204, 246, 247, 248, 1-GI, 1-H, 2-H, 3-H, 4-H, 5-H, 6-H, 7-H, 8-H, 9-H, 1-K, 2-K, 3-K, 4-K, 5-K, 6-KA, 6-KB, 7-KA, 7-KB, 8-K, 9-K, 10-K, 11-K, 12-K, 13-KA, 14-K, 15-K, 16-K, 17-K, 18-K, 19-K, 20-K, 25-K, 27-K, 28-K, 29-K, 34-K, 35-K, and 1-L of Jefferson Parish; Precincts 1, 3, 3B, 5A, 6, 6A, 6B, 7, 8A, 8B, 9, 10, 11, 11A, 12, 13A, 13B, 14, 15, 16, 17, 18, 18A, 19, 19A, 20, 21, 21A, 22, 29, 30, 31, 32, 33, 34, 38, and 43 of Livingston Parish; Precincts 4-14, 4-15, 4-17, 4-17A, 4-18, 4-20, 4-21, 4-22, 4-23, 5-17, 5-18, 14-1, 14-2, 14-3, 14-4, 14-5, 14-6, 14-7, 14-8, 14-9, 14-10, 14-11, 14-12, 14-13A, 14-14, 14-15, 14-16, 14-17, 14-18A, 14-19, 14-20, 14-21, 16-1, 16-1A, 17-1, 17-17, 17-18, 17-18A, 17-19, and 17-20 of Orleans Parish; Plaquemines Parish; St. Bernard Parish; Precincts 2-5, 4-1, 4-2, 4-3, 7-2, and 7-3 of St. Charles Parish; St. Helena Parish; St. Tammany Parish; Tangipahoa Parish; and Washington Parish.

(2) District 2 is composed of Precincts 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 24, 25, 26, 27, 33, 34, 35, 41, 43, 61, 62, 63, 64, 71, 72, 76, 77, and 78 of Ascension Parish; Precincts 2-3, 2-4, 3-1, 3-2, 4-1, 4-2, 5-3, 5-5, 6-1, 7-2, 7-3, 8-1, and 9-1 of Assumption Parish; Precincts 1-7, 1-8, 1-12, 1-33, 1-34, 1-35, 1-39, 1-40, 1-41, 1-42, 1-43, 1-44, 1-47, 1-48, 1-49, 1-52, 1-53, 1-56, 1-57, 1-64, 1-65, 1-69, 1-72, 1-74, 1-75, 1-79, 1-80, 1-89, 1-90, 1-98, 1-99, 1-103, 1-105, 2-6, 2-7, 2-8, 2-21, 2-26, 2-33, 2-35, 3-1, 3-2, 3-3, 3-4, 3-6, 3-7, 3-9, 3-10, 3-11, 3-13, 3-14, 3-15, 3-16, 3-17, 3-18, 3-19, 3-21, 3-22, 3-25, 3-26, 3-27, 3-29, 3-30, 3-31, 3-33, 3-34, 3-35, 3-36, 3-37, 3-38, 3-39, 3-40, 3-41, 3-43, 3-45, 3-46, 3-47, 3-48, 3-49, 3-51, 3-52, 3-53, 3-58, 3-59, 3-60, 3-61, 3-62, 3-64, 3-66, 3-67, 3-68, and 3-71 of East Baton Rouge Parish; East Feliciana Parish; Precincts 4, 5, 25, 26, 27, 28, 29, 31, and 32 of Iberville Parish; Lafayette Parish; Lafourche Parish; Precincts 1A, 1B, 1C, 1D, 2, 2A, 3A, 4, 4A, 4B, 5, 5B, 5C, 7A, 7B, 7C, 7D, 23, 23A, 23B, 23C, 24, 24B, 24C, 25, 26, 26A, 26B, 26C, 27, 28A, 28B, 35, 35A, 36, 36A, 39, 39A, 39B, 40, 40A, and 41 of Livingston Parish; Pointe Coupee Parish; Precincts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29 of St. Martin Parish; Terrebonne Parish; Precincts 1A, 2A, 2B, 3, 4, 5, 7A, 7B, 18, 19, 20, 21, and 22 of West Baton Rouge Parish; and West Feliciana Parish.

(3) District 3 is composed of Precincts 6, 23, 28, 30, 31, 32, 36, 37, 39, 40, 42, 44, 45, 47, 48, 50, 51, 52, 53, 54, 55, 57, 58, 65, 66, and 73 of Ascension Parish; Precincts 1-1, 1-2, 2-1, 2-2, 2-5, 4-3, 5-1, 5-2, 6-2, 6-3, and 7-1 of Assumption Parish; Precincts 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-9, 1-10, 1-11, 1-13, 1-14, 1-15, 1-16, 1-17, 1-18, 1-19, 1-20, 1-21, 1-22, 1-23, 1-24, 1-25, 1-26, 1-27, 1-28, 1-29, 1-30, 1-31, 1-32, 1-36, 1-37, 1-38, 1-45, 1-46, 1-50, 1-51, 1-54, 1-55, 1-58, 1-59, 1-60, 1-61, 1-62, 1-63, 1-66, 1-67, 1-68, 1-70, 1-71, 1-73, 1-76, 1-77, 1-78, 1-81, 1-82, 1-83, 1-84, 1-85, 1-86, 1-87, 1-88, 1-91, 1-92, 1-93, 1-94, 1-95, 1-97, 1-100, 1-101, 1-102, 1-104, 1-107, 2-1, 2-2, 2-3, 2-4, 2-5, 2-9, 2-10, 2-11, 2-12, 2-13, 2-14, 2-15, 2-16, 2-17, 2-18, 2-19, 2-20, 2-22, 2-23, 2-24, 2-25, 2-27, 2-28, 2-29, 2-30, 2-31, 2-32, 2-34, 2-36, 2-37, 3-5, 3-8, 3-12, 3-20, 3-23, 3-24, 3-28, 3-32, 3-44, 3-50, 3-54, 3-55, 3-56, 3-57, 3-63, 3-65, 3-69, 3-70, and 3-72 of East Baton Rouge Parish; Precincts 1, 3, 6, 7, 9, 10, 11, 12, 13, 13C, 14, 14A, 15, 15B, 16, 17, 18, 19, 20, 21, 22, 23, and 24 of Iberville Parish; Precincts 57, 104, 108, 115, 116, 131, 133, 138, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 170, 171, 172, 173, 174, 179A, 179B, 180, 181, 185B, 187, 188, 191, 195, 196, 197A, 197B, 200, 201, 205, 210, 211, 212, 213A, 213B, 213C, 214A, 214B, 215, 216A, 216B, 216C, 217, 225, 226, 227, 228, 229, 230, 231, 232A, 232B, 234, 235, 236, 237, 238A, 238B, 1-G, 2-G, 3-G, 4-G, 5-G, 6-G, 7-G, 8-G, 9-G, 10-G, 11-G, 12-G, 13-G, 13-KB, 21-K, 22-K, 23-K, 24-K, 26-K, 30-K, 31-K, 33-K, 1-W, 2-W, 3-W, 4-W, 5-W, 6-W, and 7-W of Jefferson Parish; Precincts 1-1, 1-2, 1-5, 1-6, 2-1, 2-2, 2-4, 2-6, 2-7, 3-1, 3-8, 3-9, 3-12, 3-14, 3-15, 3-18, 3-19, 3-20, 4-2, 4-3, 4-5, 4-6, 4-7, 4-8, 4-9, 4-11, 5-1, 5-2, 5-3, 5-5, 5-7, 5-8, 5-9, 5-10, 5-11, 5-12, 5-13, 5-15, 5-16, 6-1, 6-2, 6-4, 6-6, 6-7, 6-8, 6-9, 7-1, 7-2, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9A, 7-10, 7-11, 7-12, 7-13, 7-14, 7-15, 7-16, 7-17, 7-18, 7-19, 7-20, 7-21, 7-23, 7-24, 7-25, 7-25A, 7-26, 7-27, 7-27B, 7-28, 7-28A, 7-29, 7-30, 7-32, 7-33, 7-35, 7-37, 7-37A, 7-40, 7-41, 7-42, 8-1, 8-2, 8-4, 8-6, 8-7, 8-8, 8-9, 8-12, 8-13, 8-14, 8-15, 8-19, 8-20, 8-21, 8-22, 8-23, 8-24, 8-25, 8-26, 8-27, 8-28, 8-30, 9-1, 9-3, 9-4, 9-5, 9-6, 9-7, 9-8, 9-9, 9-10, 9-11, 9-12, 9-13, 9-14, 9-15, 9-16, 9-17, 9-19, 9-21, 9-23, 9-25, 9-26, 9-28, 9-28C, 9-29, 9-30, 9-30A, 9-31, 9-31A, 9-31B, 9-31D, 9-32, 9-33, 9-34A, 9-35, 9-35A, 9-36, 9-36B, 9-37, 9-38, 9-38A, 9-39, 9-39B, 9-40, 9-40A, 9-40C, 9-41, 9-41A, 9-41B, 9-41C, 9-41D, 9-42, 9-42C, 9-43A, 9-43B, 9-43C, 9-43E, 9-43F, 9-43G, 9-43H, 9-43I, 9-43J, 9-43K, 9-43L, 9-43M, 9-43N, 9-44, 9-44A, 9-44B, 9-44D, 9-44E, 9-44F, 9-44G, 9-44I, 9-44J, 9-44L, 9-44M, 9-44N, 9-44O, 9-44P, 9-44Q, 9-45, 9-45A, 10-3, 10-6, 10-7, 10-8, 10-9, 10-11, 10-12, 10-13, 10-14, 11-2, 11-3, 11-4, 11-5, 11-8, 11-9, 11-10, 11-11, 11-12, 11-13, 11-14, 11-17, 12-1, 12-2, 12-3, 12-4, 12-5, 12-6, 12-7, 12-8, 12-9, 12-10, 12-11, 12-12, 12-13, 12-14, 12-16, 12-17, 12-19, 13-1, 13-2, 13-3, 13-4, 13-5, 13-6, 13-7, 13-8, 13-9, 13-10, 13-11, 13-12, 13-13, 13-14, 13-15, 13-16, 14-23, 14-24A, 14-25, 14-26, 15-1, 15-2, 15-3, 15-5, 15-6, 15-8, 15-9, 15-10, 15-11, 15-12, 15-12A, 15-13, 15-13A, 15-13B, 15-14, 15-14A, 15-14B, 15-14C, 15-14D, 15-14E, 15-14F, 15-14G, 15-15, 15-15A, 15-15B, 15-16, 15-17, 15-17A, 15-17B, 15-18, 15-18A, 15-18B, 15-18C, 15-18D, 15-18E, 15-18F, 15-19, 15-19A, 15-19B, 15-19C, 16-2, 16-3, 16-4, 16-5, 16-6, 16-7, 16-8, 16-9, 17-2, 17-3, 17-4, 17-5, 17-6, 17-7, 17-8, 17-9, 17-10, 17-11, 17-12, 17-13, 17-13A, 17-14, 17-15, and 17-16 of Orleans Parish; Precincts 1-1, 1-2, 1-3, 1-5, 1-6, 2-1, 2-2, 2-3, 2-4, 2-6, 3-1, 3-2, 3-3, 4-4, 5-1, 5-3, 5-4, 5-5, 6-1, 6-2, 6-4, 6-6, 6-7, 6-8, 7-1, and 7-4 of St. Charles Parish; St. James Parish; St. John the Baptist Parish; and Precincts 1B, 1C, 6, 8, 9, 10A, 10B, 11A, 11B, 12, 13A, 13B, 14, 15, 16, and 17 of West Baton Rouge Parish.

(4) District 4 is composed of Acadia Parish; Allen Parish; Avoyelles Parish; Beauregard Parish; Calcasieu Parish; Cameron Parish; Evangeline Parish; Grant Parish; Iberia Parish; Jefferson Davis Parish; LaSalle Parish; Rapides Parish; St. Landry Parish; Precincts 1 and 2 of St. Martin Parish; St. Mary Parish; Vermilion Parish; and Vernon Parish.

(5) District 5 is composed of Bienville Parish; Bossier Parish; Caddo Parish; Caldwell Parish; Catahoula Parish; Claiborne Parish; Concordia Parish; DeSoto Parish; East Carroll Parish; Franklin Parish; Jackson Parish; Lincoln Parish; Madison Parish; Morehouse Parish; Natchitoches Parish; Ouachita Parish; Red River Parish; Richland Parish; Sabine Parish; Tensas Parish; Union Parish; Webster Parish; West Carroll Parish; and Winn Parish.

B. Each commissioner in office on January 1, 2023, shall be the commissioner for the district as composed in this Section having the same designation as the district from which the commissioner was elected and may complete the term for which he was elected.

Acts 2022, 1 st Ex. Sess., No. 2, §1, See Act.

NOTE: See Acts 2022, 1 st Ex. Sess., No. 2, §3, regarding precincs used in district descriptions.
La. Rev. Stat. § 45:797 — LA Code / Code revised-statutes / Title 45 / Section 797
Planning and coordinating systems; department of public safety
Status: in_force

In order to insure that proper preparation and implementation of such systems as provided in R.S. 45:793 is accomplished by all public agencies on or before January 1, 1978, the department of public safety shall develop an overall plan prior to development of any system and shall coordinate the implementation of systems to be established pursuant to the provisions of this Chapter. The department shall assist public agencies and public safety agencies in obtaining financial assistance to establish emergency telephone service and shall aid such agencies in the formulation of concepts, methods and procedures which will improve the operation of systems and which will increase cooperation between public safety agencies. The department shall consult at regular intervals with the Highway Safety Commission, the state fire marshal, the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice and the public utilities in this state providing telephone service.

Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:1094 — LA Code / Code revised-statutes / Title 45 / Section 1094
Joint rates; express matter and messages
Status: in_force

The Louisiana Public Service Commission shall require all express, telegraph and telephone companies or corporations 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 carriage of express matter, and the transmission of messages by telegraph and communications by telephone between points in this state.

Nothing in R.S. 45:1093 through 45:1096 shall mean that any telephone or telegraph company is required to connect its wires and apparatus, with the wires or apparatus of any other telephone or telegraph company.
La. Rev. Stat. § 45:1316 — LA Code / Code revised-statutes / Title 45 / Section 1316
Powers and duties of the corporation
Status: in_force

A. The corporation shall, in each instance subject to the prior authorization of the commission, participate in the financial transactions contemplated by this Part. The corporation shall engage in no other business activities except those activities provided for in this Part and those ancillary and incidental thereto. The corporation shall not apply any proceeds of system restoration bonds or system restoration charges to any purpose not specified in a commission order, or to any purpose in excess of the amount allowed for such purpose in the order, or to any purpose in contravention of the order. The corporation shall be required by the terms of any financing order that provides for the assessment of system restoration charges to either (1) sell such specified system restoration property to an issuer in exchange for the net proceeds of the issuance of system restoration bonds or (2) borrow from an issuer the net proceeds from the issuance of system restoration bonds and pledge such specified system restoration property to the issuer and use the collected system restoration charges to pay the corporation's obligation to the issuer and financing costs. The corporation shall further be required by the terms of any financing order to provide such bond proceeds as a non-shareholder contribution to capital for the public good to the utility collecting such system restoration charges, subject to the conditions and requirements set forth in the financing order, including those described in R.S. 45:1318(C)(5).

B. The governing board of the corporation shall, pursuant to the provisions of this Part, have the power to employ or retain such persons as are necessary to perform the duties of the corporation.

C. The corporation may:

(1) Acquire, sell, pledge, and transfer system restoration property as necessary to effect the purposes of this Part. In connection therewith, the corporation may agree to such terms and conditions as it deems necessary and proper. The corporation may pledge to an issuer specified system restoration property of the corporation pursuant to a financing order to secure the corporation's repayment obligation to the issuer, and the issuer may in turn pledge the corporation's promissory note, and the system restoration property and any other collateral securing such note, together with any other collateral of the issuer provided in the bond documents to secure the payment of system restoration bonds and related financing costs. Alternatively, the corporation may sell to an issuer specified system restoration property of the corporation pursuant to a financing order, which the issuer may in turn pledge, together with other collateral provided in the bond documents, to secure payment of system restoration bonds and related financing costs.

(2) Borrow monies from an issuer of system restoration bonds to effect the purposes of this Part and use the monies from the collection of the pertinent system restoration charges to repay such loans and the related financing costs. In connection therewith, the corporation may agree to such terms and conditions as it deems necessary and proper. The corporation shall not itself have the authority to issue system restoration bonds. The corporation may issue promissory notes to issuers. The corporation further may borrow funds for initial operating expenses as specified in R.S. 45:1313(B).

(3) Sue or be sued in its corporate name. The power to sue includes the power and right to intervene as a party before the commission or any court in this state in any matter involving the corporation's powers and duties.

(4) Negotiate and become a party to such contracts as are necessary, convenient, or desirable to carry out the purposes of this Part.

(5) Engage in corporate actions or undertakings that are permitted for nonprofit corporations in this state and that are not prohibited by, or contrary to, the provisions of this Part.

(6) Perform such other acts as are necessary, convenient, or desirable to effectuate the purposes of this Part.

D. The corporation shall maintain separate accounts and records relating to each utility that is collecting system restoration charges for all charges, revenues, assets, liabilities, and expenses relating to that utility's financing transaction.

E. 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 system restoration bonds 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. In the event of any rehabilitation, liquidation, or dissolution, the assets of the corporation shall be applied first to pay all debts, liabilities, and obligations of the corporation, including the establishment of reasonable reserves for any contingent liabilities or obligations, and all remaining funds of the corporation shall be applied and distributed as provided by an order of the commission.

F. The corporation shall prepare an operating budget annually that shall be submitted for approval to the Public Service Commission. If requested by the Public Service Commission, the corporation shall prepare and submit an annual report containing, among other appropriate matters, the annual operating and financial statements of the corporation.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:1367 — LA Code / Code revised-statutes / Title 45 / Section 1367
Franchise fee audits and dispute resolution
Status: in_force

A. The local governmental subdivision, upon reasonable written request, may review the business records of a cable service provider or video service provider to the extent necessary to ensure payment of the franchise fee in accordance with R.S. 45:1366. Except as otherwise provided in a local cable franchise agreement, executed by and between a cable service provider or video service provider and a local governmental subdivision, that is in effect at that time of the audit, any review conducted in accordance with this Section shall not address any period more than three years before the date that the review is commenced.

B. Any suit with respect to a dispute arising out of or relating to the amount of the franchise fee due to a local governmental subdivision under R.S. 45:1366 shall be filed either by the local governmental subdivision seeking to recover an additional amount alleged to be due, or by the certificate holder seeking a refund of an alleged overpayment, in a state or federal court of competent jurisdiction within three years following the end of the month to which the disputed amount relates; however, this time period may be extended by written agreement between the certificate holder and the local governmental subdivision.

C. Prior to filing suit, the local governmental subdivision or certificate holder shall give the other party written notice of any dispute not resolved in the normal course of business. Representatives of both parties, with authority to settle the dispute, shall meet within thirty calendar days after receipt of the notice, and thereafter as often as reasonably deemed necessary, to exchange relevant information and attempt to resolve the dispute. If the dispute is not resolved within sixty calendar days after receipt of the notice, either the local governmental subdivision or certificate holder may initiate nonbinding mediation. Good faith participation in and completion of the negotiation and mediation procedures set forth in this Subsection shall be a condition precedent to proceeding with the suit beyond its filing to interrupt the prescriptive period set forth in this Section.

D. A local governmental subdivision may contract with a third-party administrator for the collection of the franchise fees and enforcement of the provisions of this Chapter.

E. Each party shall bear its own costs and attorney fees incurred in connection with any and all of the activities and procedures set forth in this Section.

Acts 2008, No. 433, §1; Acts 2023, No. 380, §1.
La. Rev. Stat. § 45:169 — LA Code / Code revised-statutes / Title 45 / Section 169
Fees; disposition; refunds; credits; prescription
Status: in_force

A. Every motor carrier as defined in R.S. 45:162 regularly operating, or which shall regularly operate in the state, is hereby required to pay to the Louisiana Public Service Commission a special fee of ten dollars for each motor vehicle or combination of vehicles operated or to be operated by the motor carrier. This special fee shall be paid at the time of the issuance of a common carrier certificate or contract carrier permit and shall be due each year thereafter between January first and February first. In case of emergency or unusual temporary demands for transportation, the fee for additional motor vehicles for a shorter period shall be fixed by the commission in such reasonable amounts as may be prescribed by general rule or temporary order. Every application for a common carrier certificate or contract carrier permit shall be accompanied by a filing fee of fifty dollars and every application for a permit shall be accompanied by a filing fee of twenty-five dollars, which fees shall be in addition to other fees and taxes and shall be retained by the commission whether the common carrier certificate or contract carrier permit be granted or not.

B. If there has been an overpayment or a payment where no fee was due, the commission may credit the whole amount, or any portion of the payment to other liabilities of the carrier to the commission. If no fees or other charges are due, the commission shall make a refund of the payment out of current collections. The commission is not required to make a refund of less than one dollar. All rights to refunds or credits shall prescribe in three years from the thirty-first day of December in the year in which the fee was due.

Amended by Acts 1972, No. 303, §1; Acts 1974, No. 707, §1; Acts 1977, No. 184, §1; Acts 1982, No. 409, §1, eff. Oct. 1, 1982; Acts 1995, No. 301, §2, eff. June 15, 1995; Acts 2012, No. 804, §1.
La. Rev. Stat. § 45:10 — LA Code / Code revised-statutes / Title 45 / Section 10
Unlawful piloting; penalty
Status: in_force

No person shall operate or pilot any airplane in which passengers are carried for hire, unless the airplane is used in the business of carrying passengers for hire by a person who has 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. § 45:1343 — LA Code / Code revised-statutes / Title 45 / Section 1343
Corporation participation
Status: in_force

The corporation may, in each instance, subject to the prior authorization of the commission, participate in financing transactions contemplated by the Louisiana Electric Utility Storm Recovery Securitization Act, R.S. 45:1226 through 1240.

Acts 2021, No. 293, §3, eff. June 14, 2021.
La. Rev. Stat. § 45:382 — LA Code / Code revised-statutes / Title 45 / Section 382
Mortgages to secure own bonds
Status: in_force

Any railroad corporation 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 it, to refund or pay its indebtedness, or to improve or develop its properties, or for any purpose authorized by its incorporation. The company issuing the bonds shall determine the amounts, the length of time to run, whether to be payable within or without this state, and the rate of interest, not to exceed the legal rate at the place of payment.
La. Rev. Stat. § 45:179 — LA Code / Code revised-statutes / Title 45 / Section 179
Unlawful purchase or use of registration certificate or license plate
Status: in_force

Except as provided for in R.S. 45:172(A)(4), no person engaged in the business of a common carrier or contract carrier shall purchase or use a registration certificate or license plate on any motor vehicle operated by him in conducting such business without presenting to the vehicle commissioner or the public official charged with the selling and issuing of license plates and registration certificates, a certificate from the Louisiana Public Service Commission certifying that he is entitled to use the license plate or registration certificate.

Acts 2012, No. 804, §1.
La. Rev. Stat. § 45:456 — LA Code / Code revised-statutes / Title 45 / Section 456
Violation of law; exceptions
Status: in_force

Any railway company violating R.S. 45:455 shall be fined not less than fifty dollars, nor more than five hundred dollars.

This Section shall not be effective in case of strikes, governmental regulation or causes beyond the reasonable control of the railroad company.
La. Rev. Stat. § 45:804 — LA Code / Code revised-statutes / Title 45 / Section 804
Appropriation of funds by legislature; implementation of systems
Status: in_force

During the 1977 regular session or any session prior thereto, the legislature, after reviewing all reports required by this Chapter, shall enact legislation and appropriate such funds as are necessary to enable local public agencies to implement systems required by the provisions of this Chapter including tariff charges in connection therewith. If the legislature fails to enact such legislation and appropriate such funds during the 1977 regular session, then the provisions of this Chapter shall become and remain inoperative until such legislation is enacted and funds appropriated. The dates specified for the implementation of a system, or the performance of any other duty, required by the provisions of this Chapter to be performed after 1977 shall be respectively postponed by the number of years elapsing between 1975 and the year in which the legislature appropriates such funds. It is the intent of the legislature that, if legislation providing necessary funds to local public agencies to carry out the requirements of this Chapter is enacted after the 1977 regular session of the legislature, then the time schedules specified in this Chapter shall be advanced by the number of years required for the legislature to subsequently appropriate such funds.

Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:1457 — LA Code / Code revised-statutes / Title 45 / Section 1457
Payment of cost of compliance; deposit into registry of court
Status: in_force

A. Upon receipt of a subpoena governed by R.S. 45:1455 through 1458, the news media organization, reporter, custodian of records, photographer, or other representative of any news media organization shall notify the party requesting the issuance of the subpoena of the reasonable cost of compliance with the subpoena and the method of calculating the cost.

B. Upon receipt of notification of the cost of compliance as provided in Subsection A of this Section, the party requesting the issuance of the subpoena shall deposit into the registry of the court money or other security in the amount of such cost not less than two days prior to the return date specified in the subpoena. If this amount is not timely deposited, the subpoenaed party may file an affidavit with the court or tribunal setting forth that fact and no further compliance with the subpoena shall be necessary.

C. The cost of compliance calculated by the subpoenaed party shall be presumed to be reasonable unless the party requesting issuance of the subpoena requests a hearing, and the court finds, after such hearing, that the cost of compliance calculated by the subpoenaed party is not reasonable, in which case the court shall make an adjustment of the amount deposited into the registry of the court. The court may, after contradictory hearing, grant reasonable attorney fees and expenses to the prevailing party in that contradictory hearing.

D. Any amount deposited into the registry of the court pursuant to this Section shall be taxed as court costs pursuant to the rules governing the proceeding.

Acts 1987, No. 803, §1.
La. Rev. Stat. § 45:1099 — LA Code / Code revised-statutes / Title 45 / Section 1099
Freight loss or damage; suits; venue
Status: in_force

Steamboats, railroads and other public carriers doing business in Louisiana shall pay at the point of delivery for all freight they may fail, refuse or neglect to deliver, and for all overcharges above the rate of freight contained in the bill of lading or contract, except for freight received in sealed cars from other roads outside of Louisiana.

They may be sued either in the courts at the point of delivery or in the courts at the point of shipment or in the courts of their domicile at the option of the party bringing suit for the recovery of all freight they may fail, refuse or neglect to deliver, or for all damages arising from such failure, refusal or neglect, or for all damages done to freight while in transit.
La. Rev. Stat. § 45:562 — LA Code / Code revised-statutes / Title 45 / Section 562
Authority to inspect railroad facility
Status: in_force

A. In performing an inspection in accordance with this Section, the commission shall not require a railroad facility owner or operator to alter or cease rail operations.

B. Any inspection, investigation, or surveillance performed on the site of a manufacturing facility shall be performed in compliance with the safety rules or regulations of the facility, including security clearance at the front gate if appropriate.

Acts 2008, No. 753, §1.
La. Rev. Stat. § 45:1243 — LA Code / Code revised-statutes / Title 45 / Section 1243
Conditional sale; retaking of property
Status: in_force

If the vendee, lessee, or bailee fails to make the payments or perform the covenants in any such contract, the lessor, vendor or bailor, or his assignee may retake the property in accordance with the contract; and in case of retaking the vendee, lessee, or bailee or his assignee has no right of redemption, and all payments made under the contract shall be forfeited to the vendor, lessor, or bailor, or to the party to whom they may have been made.
La. Rev. Stat. § 45:1148 — LA Code / Code revised-statutes / Title 45 / Section 1148
Bonds; notice; contest
Status: in_force

The resolution authorizing the issuance of bonds under this Part shall be published once in a newspaper published in the political subdivision, or if no newspaper is published therein, then in a newspaper published in the parish in which the political subdivision is located, or if no newspaper is published in such parish then in a newspaper published in an adjoining parish. For a period of thirty days from the date of each publication any person in interest shall have the right to contest the legality of the resolution and of the bonds to be issued pursuant thereto and of the security for such bonds and the franchise granted to the purchaser or purchasers at any sale held for the enforcement of such security. After the expiration of the thirty day period no one shall have any right of action to contest the validity of the bonds, pledge or franchise, and all such bonds, security and franchises shall be conclusively presumed to be legal, and no court shall thereafter have authority to inquire into such matters.
La. Rev. Stat. § 45:504 — LA Code / Code revised-statutes / Title 45 / Section 504
Burden of disproving negligence in killing or injuring livestock
Status: in_force

In suits against railroad companies for the loss of stock killed or injured by them, it is sufficient, in order for the plaintiff and owner to recover, to prove the killing or injury, unless it is shown by the defendant company that the killing or injury was not the result of fault or carelessness on their part or the negligent or indifferent running or management of their locomotive or train.
La. Rev. Stat. § 45:691 — LA Code / Code revised-statutes / Title 45 / Section 691
Fenders, requirement
Status: in_force

Any person operating any line of street or interurban railroad shall equip the front end of all motor cars with fenders for the protection of life and limb.
La. Rev. Stat. § 45:844.75 — LA Code / Code revised-statutes / Title 45 / Section 844.75
Prohibited hotspot blocking
Status: in_force

A. No person shall without legal authority knowingly interfere with, prevent, disable, or block the lawful creation of a Wi-Fi network via a personal hotspot.

B. Whoever violates the provisions of this Section shall be fined a civil penalty of not more than ten thousand dollars. Each day on which a violation occurs shall be considered a separate offense.

C. The penalties provided by this Section shall be in addition to any other civil or criminal penalty, action, or proceeding otherwise authorized by law.

Acts 2016, No. 532, §1.
La. Rev. Stat. § 45:1278 — LA Code / Code revised-statutes / Title 45 / Section 1278
Energy transition bonds
Status: in_force

Energy transition bonds shall not be a debt or a general obligation of the state or any of its political subdivisions, agencies, or instrumentalities and shall not be a charge on their full faith and credit. An issue of energy transition bonds shall not, directly, indirectly, or contingently, obligate the state or any agency, political subdivision, or instrumentality of the state to levy any tax or make any appropriation for payment of the bonds, other than for paying energy transition charges in their capacity as consumers of electricity. All energy transition bonds authorized by a financing order by the commission shall contain on the face of a statement the following: "Neither the full faith and credit nor the taxing power of the state of Louisiana is pledged to the payment of the principal of, or interest on, this bond".

Acts 2022, No. 255, §2, eff. June 3, 2022.
La. Rev. Stat. § 45:162 — LA Code / Code revised-statutes / Title 45 / Section 162
Definitions
Status: in_force

The following words and phrases when used in this Chapter shall have the meanings ascribed to them in this Section except where a different meaning is expressly stated or clearly indicated by the context.

(1) "Car pool" means a mode of transportation provided in any motor vehicle that is a private passenger automobile or station wagon, which has a seating capacity of not more than nine persons, including the driver, and in which the transportation is incidental to the purpose of the driver.

(2) "Certificate" means the permission issued, pursuant to the terms of R.S. 45:161 through 172 and 180.1, to common carriers by motor vehicles.

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

(4) "Commissioner" means one of the members of the Louisiana Public Service Commission.

(5)(a) "Common carrier by motor vehicle" means any person, other than a contract carrier by bus, the essential nature of whose business comprises engaging in, soliciting, or accepting household goods, passengers, or waste, for intrastate transportation for hire, charge, or compensation as an employment or holding himself out as so available to the public generally and indiscriminately for such business, whether or not the business is conducted over a regular route, between fixed termini, within a defined area, or upon a regular or irregular schedule.

(b) There shall be two main classes of common carriers: "common carriers of commodities over regular routes"; and "common carriers of special commodities over irregular routes".

(c) "Common carriers of special commodities over irregular routes" means any person, as a common carrier, transporting commodities intrastate which require special equipment, service, or handling over irregular routes and not between fixed termini.

(d) All common carrier certificates and contract carrier permits now issued and validly outstanding for common carriers defined in this Paragraph shall continue in full force and effect until the further orders of the commission. Those portions of certificates of public convenience and necessity issued and validly outstanding prior to January 1, 1995, which are subject to the preemption as provided by Section 601 of the Federal Aviation Administration Act of 1994 are null and void and shall have no continuing value.

(e) Any person, other than a contract carrier by bus, who, with or without specific contracts, furnishes such transportation to more than five separate shippers of property or more than five passengers shall be prima facie held to be a common carrier and the burden shall rest upon him to show by a clear preponderance and to the satisfaction of the commission that the character of his operations is not that of a common carrier.

(f) This Paragraph shall not apply to the business of any person conducted mainly within the corporate limits of one incorporated municipality but within a radius of seven miles of the limits of the incorporated municipality but this exemption shall not apply to motor carriers of passengers operating beyond the limits of the parish of their domicile unless the major portion of such carrier's operations are conducted within the corporate limits of one municipality.

(g) This definition shall not include a bus or passenger coach or passenger carrying trailer or semitrailer operated wholly within the corporate limits of an incorporated municipality or parish and also operated within seven miles of the corporate limits thereof, pursuant to a franchise granted by the municipality or parish.

(6) "Contract" as used in this Section means any arrangement, agreement, or understanding covering or contemplating the intrastate transportation of household goods, passengers, or waste for hire, charge, compensation, or for any benefit amounting to a consideration, and such arrangement, agreement, or understanding shall be considered a contract within the meaning of this Paragraph if it contemplates a reasonably large and regular or periodic movement for a particular party or parties, for a period of time exhibiting some permanence to the arrangement, agreement, or understanding.

(7) "Contract carrier by bus" means any person transporting persons intrastate for hire, charge, or compensation over any highway of this state using a bus as defined in R.S. 32:1(5), wherein such bus is designed to carry sixteen or more persons.

(8) "Contract carrier by motor vehicle" means any person not included under Paragraph (5) of this Section, who under special and individual contracts or agreements, and whether directly or by other arrangement, transports household goods, passengers, or waste by vehicle intrastate for compensation or hire, where in the course of the transportation a highway between two or more incorporated municipalities is traversed.

(9) "Department" means the Department of Transportation and Development.

(10) "Highway" includes every way or place of whatever kind open to the use of the public for the purpose of vehicular traffic.

(11) "Household goods" means:

(a) Personal effects and property used or to be used in a dwelling when the personal effects and property are a part of the equipment or supply of such dwelling.

(b) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when a part of the stock, equipment, or supply of such establishments.

(c) Articles, including objects of art, displays, and exhibits, which, because of their unusual nature or value, require specialized handling and equipment usually employed in moving household goods.

(12) "Motor carriers" include both a common carrier by motor vehicle and contract carrier by motor vehicle, which transport household goods, passengers, waste intrastate, or any other classification of carriers created by law which transports household goods, passengers, or waste intrastate for compensation or hire. "Motor carriers" shall include tow trucks. "Motor carriers" shall not include contract carriers by bus; however, for purposes of R.S. 45:173 and 1177 only, a contract carrier by bus shall be considered a "motor carrier" subject to the control and jurisdiction of the Louisiana Public Service Commission.

(13) "Passenger carrying vehicle" or "passenger service" means a nonscheduled charter passenger service using vehicles which meet manufacturer's specifications for no more than fifteen passengers.

(14) "Permit" means the permission issued under the terms of R.S. 45:161 through 172 and 180.1, to contract carriers by motor vehicle.

(15) "Person" includes a body of persons, whether incorporated or not.

(16) "Private carrier" when used in this Chapter means any person not included in the term "common carrier by motor vehicle" or "contract carrier by motor vehicle" transporting in intrastate commerce by motor vehicle property of which such person is the owner, lessee, or bailee when such transportation is for the purpose of sale, lease, rent, or bailment, or in furtherance of any commercial enterprise.

(17) "Suburban territory" means territory wholly within the state which extends not more than seven miles beyond the corporate limits of any municipality in this state.

(18) "Van pool" means a mode of transportation provided in any motor vehicle that is a passenger van, that has a seating capacity of not less than seven nor more than fifteen persons, including the driver, and in which the transportation is incidental to the purpose of the driver.

(19) "Vehicle" means every device by which any person or property is transported upon the highways of this state, except devices moved by animal power or exclusively upon stationary rails or tracks.

(20) "Waste" means:

(a) "Non-hazardous oilfield wastes" means waste defined as non-hazardous oilfield wastes by R.S. 30:1 et seq. and regulations adopted pursuant thereto disposed of at facilities not owned or operated by said transporters.

(b) "Non-hazardous industrial solid waste" means waste defined as non-hazardous industrial solid waste by the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., and solid waste regulations adopted pursuant thereto (Louisiana Administrative Code 33.VII.101 et seq.), disposed of at facilities not owned or operated by said transporters.

(c) "Hazardous waste" means waste defined as hazardous by the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., and the hazardous waste regulations adopted pursuant thereto (Environmental Regulator Code 33:V.101 et seq.), disposed of at facilities not owned or operated by said transporters.

Acts 1983, No. 118, §1. Acts 1984, No. 819, §1; Acts 1995, No. 301, §2, eff. June 15, 1995; Acts 1995, No. 736, §1; Acts 1997, No. 385, §1, eff. July 1, 1997; Acts 1999, No. 631, §2; Acts 1999, No. 1107, §1; Acts 2003, No. 1219, §2, eff. July 1, 2003; Acts 2007, No. 108, §1; Acts 2008, No. 724, §2, eff. July 6, 2008; Acts 2012, No. 804, §1; Acts 2017, No. 278, §2, eff. June 15, 2017.
La. Rev. Stat. § 45:793 — LA Code / Code revised-statutes / Title 45 / Section 793
Establishment of systems
Status: in_force

Every public agency or public safety agency within its respective jurisdiction shall establish and have in operation by January 1, 1978, a basic or sophisticated system, if technologically compatible with the existing local telephone network.

The establishment of such systems shall be centralized to the extent feasible that is, multijurisdictional or regional systems shall be encouraged. Any system established pursuant to this Chapter may include the territory of more than one public agency or may include a segment of the territory of a public agency. However, all agencies must recognize the limitations of the local telephone network to segregate.

Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:1612 — LA Code / Code revised-statutes / Title 45 / Section 1612
Emergency service plan; cable service providers and video service providers; public service commission
Status: in_force

A.(1) On or before June 1, 2021, each cable service provider and video service provider shall prepare and submit to the commission an emergency service plan, which shall include a provider's emergency preparedness and response plan to an emergency or disaster.

(2) The emergency service plan shall include all of the following information:

(a) The name and contact information of two persons who have knowledge of the provider's emergency operations.

(b) The identification of any available human resources and their position and responsibilities during an emergency.

(c) The provider's plan for obtaining resources that may be necessary during an emergency, including but not limited to communication, equipment, generators, and vehicles.

(d) The arrangement of any alternative facility if a facility is needed for the operation and continuity of service.

(e) A description of the drills or exercises to be performed at least annually that test and evaluate the effectiveness of the emergency service plan.

(f) A schedule for the regular evaluation and a risk mitigation strategy for all operating assets that may be at a higher risk or are prone to damage during an emergency.

(g) The provider's means of communication with the commission in the event of a disruption of telecommunication services.

B.(1) Upon receipt of an emergency service plan, the commission shall review the plan to determine compliance with the provisions of this Chapter and any applicable rules and regulations of the commission.

(2) On or before August first of each year, the commission shall submit a written declaration certifying compliance or noncompliance with the provisions of this Section for each cable service provider and video service provider to the director of the Governor's Office of Homeland Security and Emergency Preparedness, the Senate Committee on Commerce, Consumer Protection and International Affairs, and the House Committee on Commerce.

C. Each cable service provider and video service provider shall review its emergency service plan on an annual basis. If any change is made to the emergency service plan, the revised plan shall be submitted to the commission on or before the following June first. If no change was made to the emergency service plan, written notification that the previously submitted plan is current shall be submitted to the commission on or before the following June first.

D. On or before March 1, 2021, the commission shall adopt rules and regulations consistent with its rulemaking authority in Article 4, Section 21(B) of the Constitution of Louisiana to implement the provisions of this Chapter.

E. The filing of an emergency service plan in accordance with the provisions of this Section shall not subject any cable service provider or video service provider to any regulatory jurisdiction by the commission not in effect on December 1, 2020.

F. If a cable service provider or video service provider uses the same facilities to provide any other service regulated by the commission and files with the commission an emergency service plan for that service that includes an emergency preparedness and response plan for cable service, video service, or both, that cable service provider or video service provider shall not be required to submit an additional emergency service plan pursuant to the provisions of this Section.

Acts 2020, 2 nd Ex. Sess., No. 42, §1, eff. Dec. 1, 2020.
La. Rev. Stat. § 45:310 — LA Code / Code revised-statutes / Title 45 / Section 310
Penalties
Status: in_force

Whenever the commission finds, after notice and hearing, that a public utility is engaged in practices in the transportation of gas through pipeline facilities which violate the requirements of R.S. 45:308(B) or R.S. 45:313 and the public utility fails to achieve compliance after notice and reasonable opportunity to do so is given, the commission may impose a civil penalty not to exceed five hundred dollars for each day that such violation persists, except that the maximum civil penalty shall not exceed one hundred thousand dollars for any related series of violations. In determining the amount of such penalty, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered.

Added by Acts 1968, No. 81, §1.
La. Rev. Stat. § 45:189 — LA Code / Code revised-statutes / Title 45 / Section 189
Speedometer required; unlawful speed prima facie evidence of negligence
Status: in_force

Every service car shall be supplied and equipped with a speedometer in open view and when any service car is being driven at an unlawful speed, and an accident or a mishap occurs which results in the death of, or injury to, any passenger, such unlawful speed shall be prima facie evidence that the accident or mishap was occasioned by, or resulted through, the negligence of the operator of the service car.
La. Rev. Stat. § 45:693 — LA Code / Code revised-statutes / Title 45 / Section 693
Sandboxes; requirement
Status: in_force

All street railway companies operating street railways in cities of population of one hundred thousand or more, shall equip all street railway cars running by motor and controlled by electric power with sandboxes in front of the wheels coupled to and controlled by motor. These boxes shall be provided with valves from which the sand therein may be poured upon the rails immediately in front of the wheels of the car as the brakes are put on by the motorman for the purpose of stopping as necessity may require.
La. Rev. Stat. § 45:1240 — LA Code / Code revised-statutes / Title 45 / Section 1240
Additional authority
Status: in_force

A. The provisions of R.S. 45:1237 through 1239 shall be additional and alternative authority and shall provide the full method together with the other provisions of this Part 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. All rights and powers granted by this Part to the corporation and the issuers of storm recovery bonds shall be cumulative with those derived from other sources and shall not, except as expressly stated herein, be construed in limitation thereof.

B. A utility may finance storm recovery costs pursuant to R.S. 45:1237 through 1239 that were incurred prior to the effective date of those Sections. To the extent that a utility has made application for a determination of eligible storm recovery costs prior to the effective date of R.S. 45:1237 through 1239, that application may provide the basis in part for the commission's financing order relying in part upon those Sections.

Acts 2021, No. 293, §2, eff. June 14, 2021.
La. Rev. Stat. § 45:186 — LA Code / Code revised-statutes / Title 45 / Section 186
Issuance of permit or certificate
Status: in_force

When any applicant for a service car permit has complied with the provisions of R.S. 45:184 through 45:191, the clerk of the governing authority of the parish in which he resides, shall issue to him a permit or certificate which will be his authority to operate a service car.
La. Rev. Stat. § 45:734 — LA Code / Code revised-statutes / Title 45 / Section 734
School children; reduced fare provision in franchise
Status: in_force

In all franchises which may be granted by any state, parish, or municipal corporation, the parish of Orleans excepted, for any street or interurban railway, there shall be a provision that all children, attending the schools in the city or parish in which the railway is situated, shall be afforded transportation over such railway at a price not exceeding three-fifths of the regular fare. Each child shall have the right to the reduced fare only when going to or returning from school, and only when in possession of a certificate from the principal of the school which the child attends, declaring that the child is a pupil of the school.
La. Rev. Stat. § 45:256 — LA Code / Code revised-statutes / Title 45 / Section 256
Connections with other carriers; facilities for receipt and delivery of petroleum; duty to receive
Status: in_force

Every common carrier as defined in R.S. 45:251 shall exchange petroleum tonnage with each like common carrier and shall furnish reasonable connections and facilities for the interchange of this tonnage, subject to such reasonable rates and regulations as may be fixed by the commission. And any such common carrier under like rules and regulations shall be required to install and maintain reasonable facilities for the receipt and delivery of petroleum at such points along its lines as may be reasonably necessary for the proper conduct of its business as a common carrier.

No carrier shall be required to receive or transport any petroleum, except such as may be marketable as defined under reasonable rules and regulations to be established by the commission which is required to make reasonable rules for the ascertainment of the amount of water and other foreign matter in oils tendered for transportation and for deduction therefor and for the amount of deduction, if any, to be made for temperature, leakage, seepage, and evaporation; provided that the recital herein of particular powers on the part of the commission shall not be construed to limit the general powers conferred by this Chapter.
La. Rev. Stat. § 45:201.12 — LA Code / Code revised-statutes / Title 45 / Section 201.12
Construction
Status: in_force

The legislature hereby declares that R.S. 45:201.3 through 201.9 are remedial in nature and shall be construed liberally in favor of the public in general, and the users of transportation network company services in particular, and to exact strict compliance by transportation network companies and their participating drivers with the requirements of R.S. 45:201.5 through 201.9.

Acts 2015, No. 266, §1, eff. June 29, 2015.
La. Rev. Stat. § 45:201.13 — LA Code / Code revised-statutes / Title 45 / Section 201.13
Appointment of secretary of state as agent to receive service of process
Status: in_force

A. The acceptance by a transportation network company of participating drivers or customers in this state, shall be deemed an appointment, by the transportation network company, of the Louisiana Secretary of State, to be its true and lawful attorney for service of process, upon whom may be served all lawful process, whether issued out of a court or by other lawful authority, in any action or proceeding involving the transportation network company by reason of the transportation network company services it provides in this state; and acceptance of participating drivers or customers shall constitute agreement by the transportation network company that any service of process served against it shall be of the same legal force and validity as if served on it personally.

B. When any process or pleadings are served upon the secretary of state, it shall be by duplicate copies, one of which shall be filed in the office of the secretary of state and the other immediately forwarded by the secretary of state by registered or certified mail or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state to the address shown on such process or pleadings of the person to whom the process and pleadings are directed. The secretary of state shall note on the copy retained by him the date, the manner and other particulars of service, and disposition of the forwarded copy.

Acts 2015, No. 266, §1, eff. June 29, 2015.
La. Rev. Stat. § 45:1173 — LA Code / Code revised-statutes / Title 45 / Section 1173
Security issues; evidence of compliance
Status: in_force

A copy of any order made and entered by the commission under R.S. 45:1168 through 45:1175, duly certified by the secretary of the commission, shall be sufficient evidence for all purposes of full and complete compliance by the public utility with all procedural and other matters required precedent to the entry of the order.
La. Rev. Stat. § 45:70 — LA Code / Code revised-statutes / Title 45 / Section 70
Consent to become a public utility
Status: in_force

No corporation, functioning under R.S. 45:64, shall exercise any right of expropriation or be considered as a public utility until it has filed with the Secretary of State a resolution of its board of directors, duly certified under its corporate seal, agreeing that the corporation shall be a public utility for the distribution of water for irrigation, for the transportation of freight and passengers, and for furnishing hydroelectric power and electricity, or either of them.
La. Rev. Stat. § 45:311 — LA Code / Code revised-statutes / Title 45 / Section 311
Enforcement
Status: in_force

Upon petition by the commission the Nineteenth Judicial District Court within and for the Parish of East Baton Rouge, State of Louisiana, shall have jurisdiction to restrain violations of this Part or to enforce compliance with standards established under R.S. 45:308(B) or orders issued under R.S. 45:313.

Any person of interest may appeal from orders and decrees of the Commission issued under this Part in accordance with the provisions of Article 6, Section 5 of the Constitution of the State of Louisiana.

Added by Acts 1968, No. 81, §1.
La. Rev. Stat. § 45:201.10 — LA Code / Code revised-statutes / Title 45 / Section 201.10
Enforcement
Status: in_force

The provisions of R.S. 45:201.5 through 201.9 may be enforced by appropriate civil remedy in any court of competent jurisdiction by any governmental authority.

Acts 2015, No. 266, §1, eff. June 29, 2015.
La. Rev. Stat. § 45:844.8 — LA Code / Code revised-statutes / Title 45 / Section 844.8
Wireless telephonic solicitation; rules and regulations
Status: in_force

The Louisiana Public Service Commission shall promulgate such rules and regulations which comply with federal regulations that prohibit a telemarketer from making wireless telephonic solicitations.

Acts 2003, No. 988, §1, eff. July 2, 2003; Acts 2003, No. 991, §1.
La. Rev. Stat. § 45:1621 — LA Code / Code revised-statutes / Title 45 / Section 1621
Short title
Status: in_force

This Chapter shall be known and may be cited as the "Electric Vehicle Charging Equipment Network Act".

Acts 2022, No. 762, §1, eff. June 18, 2022.
La. Rev. Stat. § 45:1191 — LA Code / Code revised-statutes / Title 45 / Section 1191
Commission's orders; effective date
Status: in_force

All orders of the commission, made and entered upon its records, respecting rates, charges, rules, regulations and classification, affecting any railroad, express, telephone, telegraph, steamboat, or other water craft, or sleeping car company, or other person, under its jurisdiction or control, or requiring the performance of any act by any such person, shall be operative and in full force and effect from the time fixed for them to become effective by the commission unless such orders are thereafter changed, altered, modified, or set aside by a court.
La. Rev. Stat. § 45:451 — LA Code / Code revised-statutes / Title 45 / Section 451
Duty to relieve obstruction to natural drainage
Status: in_force

All railway companies operating a line or system of railroads in Louisiana shall drain all railroad roadbeds which obstruct or in any manner retard or interfere with the natural drainage of any land, farm or plantation traversed by the line or system of railroads, by constructing and maintaining ditches, culverts, or drains under their roadbed or under the crossings over their roadbed on their right of way, either parallel to or at angles with their roadbeds or crossings, of sufficient width, depth and capacity to carry off water rapidly. These railway companies shall do all things necessary to relieve such obstructed natural drainage.
La. Rev. Stat. § 45:796 — LA Code / Code revised-statutes / Title 45 / Section 796
Design of systems
Status: in_force

All systems shall be designed to meet the requirements of each community and public agency served by the system. Every system, whether basic or sophisticated, shall be designed to have the capability of utilizing at least three of the four methods specified in Paragraphs (3) through (6) of R.S. 45:792, in response to emergency calls.

Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:844.15 — LA Code / Code revised-statutes / Title 45 / Section 844.15
Violations; penalties
Status: in_force

A. The commission shall investigate any complaints received concerning violations of this Chapter. If, after investigating such complaint, the commission finds that 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. If the violation is committed against a residential telephonic subscriber over the age of sixty-five, then the commission, after notice and hearing, shall impose a penalty not to exceed three thousand 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 costs and reasonable attorney fees related to the collection of the fine.

Acts 2001, No. 40 , §1, eff. May 24, 2001.
La. Rev. Stat. § 45:454 — LA Code / Code revised-statutes / Title 45 / Section 454
Action for cost of work; attorney's fee; damages
Status: in_force

If the railway company or its receiver fails to pay the account within thirty days after presentation, as provided in R.S. 45:453, the owner of the land, farm, or plantation at whose expense the work has been done, has a right of action to recover the amount he has expended for the actual cost of doing the work, and in addition to the amount recovered in a judgment, shall receive an attorney's fee not exceeding fifteen per cent, and damages suffered by the refusal or neglect of the railway company to do the work.
La. Rev. Stat. § 45:844.46 — LA Code / Code revised-statutes / Title 45 / Section 844.46
Severability
Status: in_force

If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or the application of this Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable.

Acts 2004, No. 736, §1, eff. July 6, 2004.
La. Rev. Stat. § 45:695 — LA Code / Code revised-statutes / Title 45 / Section 695
Seats for motormen and conductors; penalty
Status: in_force

All persons engaged in the operation of street railroads shall provide the cars operated by them with good substantial seats on each platform of every car and shall maintain them in good order for the use of the operator and conductor on the car and shall permit the operator and conductor of the car to use the seats in order to rest themselves when in service on the cars on which they are employed while the cars are passing over portions of the road bed out of the business district of any city, town or village.

Whoever violates this section shall be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not less than three months nor more than one year.
La. Rev. Stat. § 45:172 — LA Code / Code revised-statutes / Title 45 / Section 172
Exemptions
Status: in_force

Nothing in R.S. 45:161 through R.S. 45:171 shall apply to:

A. Persons engaged in operating:

(1) Hotel vehicles;

(2) Vehicles owned, leased or operated by the United States, this state or special district of the state or any political subdivision or any board, department or commission thereof;

(3) Funeral cars or ambulances, including vehicles operated by Medicaid or Medicare providers used exclusively for commercial nonemergency medical transportation.

(4) The following motor vehicles mainly located, operated and employed within the corporate limits of one incorporated municipality but not more than ten miles therefrom:

(a) Taxicabs not operated over regular routes or at regular or scheduled intervals or between fixed termini;

(b) Sightseeing passenger vehicles;

(c) Repealed by Acts 2012, No. 804, §2.

(d) Passenger carrying vehicles if operated within the limits of the parish of their domicile or if the major portion of their operations are conducted within the corporate limits of one municipality.

(5) Vehicles exclusively engaged in:

(a) the distribution of regularly published newspapers;

(b) The transportation of products of the forest, including logs, moss, ties, stave bolts, shingles, pulpwood, rough lumber, and wood chips, but not including products manufactured therefrom;

(c) the transportation of agricultural products but not including products manufactured therefrom;

(d) the transportation of fish (including shellfish) and shrimp;

(e) the transportation of livestock;

(f) the transportation of sand, gravel, shells, soil, clay, limestone aggregate or an aggregate of any one or more of such materials from pits, aggregate plant, or railroad cars to place of use or shipment.

(g) Repealed by Acts 1968, No. 219, §4.

(6) Repealed by Acts 1999, No. 1107, §2.

B. Motor vehicles operated:

(1) Solely in the transportation of school children and teachers to or from schools;

(2) In a car or van pool arrangement, whereby a prearranged membership group, not exceeding fifteen passengers, including the driver, commute between their residences, or other predetermined location, and their place of employment, and the members of a car or van pool may pay the driver an agreed upon amount as compensation for operating the pool.

(3) By bona fide farmers whose principal occupation is tilling the soil and whose transportation activities consist of transporting products of the forest, soil or waters of this state for hire, charge or compensation to market, for storage or to a place of shipment or manufacture and returning with goods and merchandise for use on their farms;

(4) Exclusively in transportation between a municipality and its airport if uninterrupted between such points and not in excess of nine miles.

(5) In the transportation of voting machines and election supplies from a parish warehouse to polling places and return.

C. Any other person engaged in bona fide transportation as a private carrier, or who being a bona fide agent, subsidiary or affiliate of the same and not otherwise engaged in for hire transportation service and when transporting or distributing its own property or products as an incident of its own business.

Added by Acts 1954, No. 95, §1. Amended by Acts 1960, No. 535, §1; Acts 1962, No. 73, §1; Acts 1965, No. 21, §1; Acts 1966, No. 125, §1; Acts 1974, No. 462, §1; Acts 1976, No. 184, §1; Acts 1976, No. 583, §1; Acts 1978, No. 546, §1, eff. July 12, 1978; Acts 1980, No. 133, §1; Acts 1983, No. 118, §1; Acts 1986, No. 511, §1; Acts 1987, No. 323, §1, eff. July 6, 1987; Acts 1987, No. 688, §1, eff. July 9, 1987; Acts 1988, No. 905, §1, eff. July 26, 1988; Acts 1999, No. 1107, §2; Acts 2012, No. 804, §§1, 2.

{{NOTE: SEE ACTS 1988, NO. 905, §2.}}
La. Rev. Stat. § 45:1170 — LA Code / Code revised-statutes / Title 45 / Section 1170
Security issues; supplemental orders of commission
Status: in_force

The commission may grant any application under R.S. 45:1169 in whole or in part, and with such modifications and upon such terms and conditions as and may from time to time, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as it finds necessary or appropriate, and may by any supplemental order modify the provisions of any previous order as to the particular purposes, uses, and extent to which, or the conditions under which any security has been authorized or the proceeds applied.
La. Rev. Stat. § 45:826 — LA Code / Code revised-statutes / Title 45 / Section 826
Soliciting prospective purchasers on behalf of unregistered telephonic seller prohibited; violations
Status: in_force

No salesperson shall solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the department pursuant to this Chapter. Any salesperson who violates this Section is guilty of a misdemeanor punishable by imprisonment in the parish jail for not more than six months, by a fine not exceeding two thousand five hundred dollars, or by both that fine and imprisonment.

Acts 1993, No. 1003, §1.
La. Rev. Stat. § 45:844.47 — LA Code / Code revised-statutes / Title 45 / Section 844.47
Limitations on providing cable television and telecommunications and advanced services
Status: in_force

A. Except as provided in this Chapter, a local government may not:

(1) Provide to one or more subscribers a covered service.

(2) For the purpose of providing a covered service to one or more subscribers, purchase, lease, construct, maintain, or operate any facility.

B. For purposes of this Chapter, a local government provides a covered service if the local government provides the service:

(1) Directly or indirectly, including through an authority or instrumentality acting on behalf of the local government or for the benefit of the local government.

(2) By itself.

(3) Through a partnership or joint venture.

(4) By contract, resale, or otherwise.

Acts 2004, No. 736, §1, eff. July 6, 2004.
La. Rev. Stat. § 45:200.15 — LA Code / Code revised-statutes / Title 45 / Section 200.15
Violations
Status: in_force

A. Any person who shall operate a public carrier vehicle upon any street without complying with, or in violation of, any provision of R.S. 45:200.1-45:200.14 shall be guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not less than sixty days nor more than one year, or both.

B. Conviction hereunder shall, if so ordered, carry with it cancellation of the certificate or certificates involved, permanently or for a fixed period, as the court shall direct. No such certificate shall be re-issued in favor of the person in whose name it stood when cancelled permanently, as herein provided, except by authority of a judge of the court which ordered its cancellation.

C. Violation by a partnership, corporation or association shall be presumptive evidence of such violation by all partners, officers and directors thereof, and any such partner, officer or director who knowingly, or without exercise of due and reasonable care and inquiry, consented to, permitted or approved, directly or indirectly, such violation, in whole or in part, shall be subject to the penalties hereinabove provided.

Added by Acts 1962, No. 404, §1.
La. Rev. Stat. § 45:844.3 — LA Code / Code revised-statutes / Title 45 / Section 844.3
Violations; penalties
Status: in_force

The commission shall investigate any complaints received concerning violations of this Chapter. If, after investigating any complaint, the commission finds that there has been a violation of this Chapter, the commission may impose a civil penalty not to exceed five hundred dollars for each violation against the telephone solicitor.

Acts 1999, No. 518, §1.
La. Rev. Stat. § 45:1502 — LA Code / Code revised-statutes / Title 45 / Section 1502
Rates; service; rules and regulations
Status: in_force

The rates of every radio common carrier shall be just, reasonable, and not unduly preferential; the service of every such carrier shall be adequate and not unduly preferential, and the rules and regulations of every such carrier shall be just, reasonable and not unduly preferential. It shall be the duty of the commissioners to prescribe appropriate rules and regulations, and to make such orders as may be necessary and proper, to insure that such radio common carrier rates, services, rules and regulations are reasonable, just, adequate and not unduly preferential.

Added by Acts 1968, No. 634, §1.
La. Rev. Stat. § 45:69 — LA Code / Code revised-statutes / Title 45 / Section 69
Telephone, telegraph and electric lines
Status: in_force

Corporations, described in R.S. 45:64, have the right to construct and maintain along the route of such canal or canals telephone and telegraph lines, and to erect poles for the transmission of electric power for all uses incident to and connected with the operations and purposes of these canals, and hydro-electric line or system.
La. Rev. Stat. § 45:1313 — LA Code / Code revised-statutes / Title 45 / Section 1313
Creation of the Louisiana Utilities Restoration Corporation
Status: in_force

A. There is hereby authorized the formation and incorporation of a nonprofit corporation to be known as the "Louisiana Utilities Restoration Corporation", which shall operate to perform the essential governmental function of financing utility system restoration costs in accordance with this Part. The corporation shall perform only those functions consistent with this Part and shall exercise its powers through its governing board established under R.S. 45:1314 and subject to regulation as provided in R.S. 45:1317. The corporation shall be a public corporation and instrumentality of the state as provided in R.S. 45:1325. The corporation, nevertheless, shall be subject to the Public Records Law, R.S. 44:1 et seq.; the Open Meetings Law, R.S. 42:11 et seq.; the Bond Validation Procedures Law, R.S. 13:5121 et seq.; and the Code of Governmental Ethics, R.S. 42:1101 et seq., except as otherwise provided for in this Section. The corporation shall have a legal existence as a public corporate body separate and distinct from the state of Louisiana.

B.(1) Assets of the corporation shall not be considered part of the general fund of the state or any other fund in the state treasury. The state shall not budget for or provide general fund appropriations to the corporation, and the debts, claims, obligations, and liabilities of the corporation shall not be considered to be a debt of the state or a pledge of its credit. The corporation shall be self-funded. Prior to the imposition of system restoration charges, the corporation may accept and expend for its operating expenses, in accordance with the provisions of this Part, such monies as may be received from any source, including financing agreements with the state, a commercial bank, or a utility to finance the corporation's operations until the corporation receives sufficient system restoration property to cover its operating expenses as financing costs, and to repay any short-term borrowing under any such financing agreement.

(2) The corporation shall be prohibited from making charitable contributions or contributions to any political party, political organization, public official, or candidate for public office, whether federal, state, or local in nature.

(3) All compensated employees of the corporation, if any, shall be subject to the provisions of Article X, Section 9 of the Constitution of Louisiana, as if they were employees of the state, except members of the governing board of the corporation.

C.(1) Except as provided in Paragraph (2) of this Subsection, the corporation shall be subject to R.S. 42:11 et seq. and to R.S. 44:1 through 41, and may be considered as if it were a public body for the purpose of those provisions.

(2) The corporation may hold an executive session pursuant to R.S. 42:6 for discussion of one or more of the following, and R.S. 44:1 through 41 shall not apply to any documentary materials as enumerated in R.S. 44:1(A)(2) which relate to any of the following:

(a) Records obtained or generated by an internal auditor pursuant to a routine audit, until the audit is completed or, if the audit is conducted as part of an investigation, until the investigation is closed or ceases to be active. An investigation is considered "active" while the investigation is being conducted with a reasonable, good faith belief that it could lead to the filing of administrative, civil, or criminal proceedings.

(b) Matters reasonably encompassed in privileged attorney-client communications.

(c) Information relating to negotiations for financing or contractual services or transactions, until the conclusion of the negotiations, including without limitation information concerning the potential pricing and marketing of system restoration bonds.

(d) Residential and other utility customer information. The corporation shall fully protect the confidentiality of any customer information provided to it by a utility.

D. The corporation shall be subject to examination by the legislative auditor.

E. The corporation shall be domiciled in the parish of East Baton Rouge.

F. The corporation, as an instrumentality of the state, shall be exempt from Louisiana corporate income taxes and corporation franchise taxes.

G. The corporation shall have the powers, rights, and privileges provided for a corporation organized under the Nonprofit Corporation Law, R.S. 12:201 et seq., subject to the express exceptions and limitations set forth in this Part.

H. An incorporator selected by the secretary of the Public Service Commission shall prepare the articles of incorporation of the corporation under the Nonprofit Corporation Law, R.S. 12:201 et seq., which articles shall be consistent with the provisions of this Part. Notwithstanding any provisions of the Nonprofit Corporation Law, R.S. 12:201 et seq., to the contrary, the articles shall not be required to set forth the names, addresses, and terms of office of the initial directors. The failure to include the initial directors shall not invalidate nor cause the secretary of state to reject the articles.

I. The staff of the Public Service Commission may serve as staff to the corporation under the supervision of the secretary of the Public Service Commission.

J. State officers, departments, and agencies are authorized to render support and services to the corporation within their respective functions, as may be requested by the corporation.

K. The corporation may retain such professionals, financial advisors, and accountants as it may deem necessary to carry out its duties under this Part and may determine their duties and compensation, subject to the approval of the Public Service Commission.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:1325 — LA Code / Code revised-statutes / Title 45 / Section 1325
Corporation status; tax exempt
Status: in_force

A. The corporation shall be a public corporation and an instrumentality of the state. The corporation's purpose and function is an integral part of the state. The corporation shall be exempt from any state corporate income tax and corporate franchise tax. The system restoration charges, their collection, their sale and transfer, and the income therefrom shall at all times be free from taxation of every kind by the state and any political subdivision or other instrumentality thereof. However, the corporation is not and shall not be deemed a department, unit, agency, board, or commission of the state nor a political subdivision. All debts, claims, obligations, and liabilities of the corporation, whenever and however incurred, shall be the debts, claims, obligations, and liabilities of the corporation only, and not of the state, its agencies, officers, or employees. System restoration charges authorized by the commission shall be regulatory fees designed to implement a regulatory program for the public good and shall not be considered taxes intended to raise revenue for the maintenance of government or governmental services. Corporation funds shall not be considered part of the general fund of the state, and the state shall not budget for or provide general fund appropriations to the corporation.

B. Any system restoration bonds issued under the provisions of this Part by the issuer on behalf of the corporation, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the state and any political subdivision or other instrumentality thereof.

C. Because it is essential for the corporation to have the maximum financial resources to provide contributions as described in this Part following catastrophic natural disasters, it is the intent of the legislature that the corporation, as an instrumentality of the state, be exempt from federal income taxation.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:713 — LA Code / Code revised-statutes / Title 45 / Section 713
Certificate of fitness
Status: in_force

If, after instruction required by R.S. 45:711, the applicant is found qualified, the last instructor shall issue him a certificate of fitness showing his competency either as motorman or conductor.
La. Rev. Stat. § 45:388 — LA Code / Code revised-statutes / Title 45 / Section 388
Foreclosure of mortgages; certificate of organization of new corporation; powers of new corporation
Status: in_force

Upon compliance with R.S. 45:386 and 45:387, and upon the board of directors filing with the Secretary of State a statement, signed by those directors, showing the name of the corporation, amount of capital stock, shares into which the same is divided, number and residence of board of directors, where the road is situated, and the name under which it was previously incorporated and known, the Secretary of State shall certify the fact of filing, and the company, upon filing such statement of the board, shall be a body corporate, under the name chosen with all the rights, powers, privileges, immunities, and franchises granted to the mortgagee company in as full a manner as if the new company were incorporated in the very words of R.S. 45:386 through 45:390, the new company may borrow money for the purpose of its incorporation, issue its bonds and execute a mortgage on all or any of its rights, franchises, privileges, immunities or property to secure the bonds. But such mortgage shall be subject to the liability of the property of the railroad for the claims for labor, supplies and material, as provided in R.S. 45:386.
La. Rev. Stat. § 45:200.13 — LA Code / Code revised-statutes / Title 45 / Section 200.13
Effect on certificates previously issued; new certificates required
Status: in_force

Certificates of public necessity and convenience heretofore issued by municipalities or parishes and now validly outstanding are hereby recognized as valid hereunder for a period not to exceed sixty days from the effective date of R.S. 45:200.1-45:200.15, and each such certificate shall become null and void and deemed revoked at the end of said period.

Added by Acts 1962, No. 404, §1.
La. Rev. Stat. § 45:314 — LA Code / Code revised-statutes / Title 45 / Section 314
Waiver of standards
Status: in_force

The commission shall have authority to waive the application of any uniform safety standard to any facility where the application of the standard would affect continuity of any gas services to the public.

Added by Acts 1968, No. 81, §1.
La. Rev. Stat. § 45:672 — LA Code / Code revised-statutes / Title 45 / Section 672
Acquisition of railroad property; street railway company's authority
Status: in_force

Any street railway company referred to in R.S. 45:671 may acquire by conventional or judicial sales, or may lease, or may acquire the use of, from any railroad company, domestic or foreign, any portion of its railroad as may be situated within the limits of any municipality, with all or any part of the property, privileges and appurtenances, rights and franchises attached or necessary for the full enjoyment by the property.
La. Rev. Stat. § 45:145 — LA Code / Code revised-statutes / Title 45 / Section 145
Operations and activities exempt
Status: in_force

A. The provisions of this Chapter shall not apply to the construction, reconstruction, operation, and maintenance or removal of overhead electrical or communication circuits or conductors, and their supporting structures and associated equipment, of rail transportation systems, electrical generating systems, transmission or distribution systems, or communications systems by an authorized person.

B. The provisions of this Chapter shall not apply to persons engaged in the regular and ordinary activities of farming, ranching, logging, or reforestation who lawfully own, lease, or have the right to operate the land where a line is located.

C. The provisions of this Chapter shall not apply to the employees of the Department of Transportation and Development or to employees of parish or municipal governments performing duties relating to public projects in the course and scope of their employment.

D. The provisions of this Chapter shall not apply to the employees, contractors, or subcontractors of chemical, petrochemical, natural gas and liquid pipelines, gas processing, refining, pulp and paper, and wood products manufacturing facilities when such persons are engaged in activities relating to the operation, maintenance, or expansion of such manufacturing facilities.

Acts 2001, No. 176, §1, eff. Jan. 1, 2002.
La. Rev. Stat. § 45:1340 — LA Code / Code revised-statutes / Title 45 / Section 1340
Limitation on bankruptcy
Status: in_force

A. Prior to the date that is two years and one day after which the corporation no longer has any payment obligation outstanding to the issuer of the related bonds, a trust 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. The provisions of this Section shall be part of any contractual obligation owed to the bondholders of the related bonds issued pursuant to this Subpart. This contractual obligation shall not subsequently be modified by state law during the period of this contractual obligation, and the state of Louisiana and the Louisiana Legislature hereby covenant with the bondholders of the related bonds that the state and the Louisiana Legislature shall not limit or alter the denial of authority pursuant to this Section during the period referred to in this Subsection.

B. A trust shall be subject to the provisions of R.S. 13:4741 and R.S. 39:619 through 622.

Acts 2021, No. 293, §3, eff. June 14, 2021.
La. Rev. Stat. § 45:1164.12 — LA Code / Code revised-statutes / Title 45 / Section 1164.12
Commissioners and clerks for elections
Status: in_force

The board of supervisors of the parish or parishes wherein such political subdivision is located shall appoint three commissioners and one clerk to preside over the election at each polling precinct. Each commissioner and clerk shall be a qualified elector and resident of the precinct in which he serves. In making the appointments the board shall endeavor to give equal representation, as nearly as possible, to the proponents and opponents of the proposition to be voted upon.

Added by Acts 1975, No. 328, §2.
La. Rev. Stat. § 45:389 — LA Code / Code revised-statutes / Title 45 / Section 389
Foreclosure of mortgages; principal office of new corporation
Status: in_force

The principal office of the company, formed under R.S. 45:387 and 45:388, and branch offices, may be established at a place in or out of Louisiana as the board of directors may determine, for the convenient transaction of business, and meetings held there and resolutions adopted are lawful and binding. However, an office shall be maintained in Louisiana, where citation may be served, and the company shall always be represented at that office by an officer, agent or employee, upon whom service can be made.
La. Rev. Stat. § 45:810 — LA Code / Code revised-statutes / Title 45 / Section 810
Definitions
Status: in_force

A. The provisions of the Chapter shall be known as the "Consumer Telemarketing Protection Act of 1991".

B. When used in this Chapter the following terms shall have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:

(1) "ADAD equipment" means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed.

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

(3) "Telephone access line" means any seven-digit telephone number for each call to which a fee is charged.

Acts 1991, No. 917, §1.
La. Rev. Stat. § 45:166 — LA Code / Code revised-statutes / Title 45 / Section 166
Amendment, suspension, revocation or transfer of certificate or permit
Status: in_force

A. Any certificate or permit may, in the discretion of the commission, be amended, suspended or revoked in whole or in part after notice and hearing for failure to comply with any provision of R.S. 45:161 through 45:172, or with any lawful order, rule or regulation of the commission promulgated pursuant thereto, or with any term, condition or limitation of the certificate or permit.

B. No certificate or permit shall be sold, leased or transferred, nor shall such certificate or permit be used by any other than the person, firm or corporation to whom it was originally granted, unless and until it be shown by a clear preponderance and to the satisfaction of the commission that the owner thereof shall have for a period of six consecutive months, immediately prior to the lease transfer or use thereof by one other than the owner, substantially operated all rights under said certificate or permit; or that the failure to so operate was due to bankruptcy, receivership, or other legal proceedings, or to other causes beyond his or its control.

C. Where the owner of a certificate as a common carrier of passengers or freight or of a permit as a contract carrier issued by the Louisiana public service commission has not for a period of six consecutive calendar months operated thereunder to a reasonable extent all rights under said certificate or permit shall cease and terminate and same shall be canceled either upon motion of commission or of any interested person after notice to the owner of said certificate or permit and hearing thereon by the commission.

Amended by Acts 1958, No. 131, §1.
La. Rev. Stat. § 45:1238 — LA Code / Code revised-statutes / Title 45 / Section 1238
Financing orders including the Louisiana Utilities Restoration Corporation
Status: in_force

A. Notwithstanding the provisions of R.S. 45:1228(C)(3), in a financing order issued to an electric utility by the commission to create storm recovery property, the financing order may provide that such storm recovery property shall be sold, assigned, or transferred by the electric utility to the corporation.

B. When an electric utility petitions the commission for a financing order pursuant to this Section, the corporation shall be a party to the commission's proceedings along with the pertinent utility.

Acts 2021, No. 293, §2, eff. June 14, 2021.
La. Rev. Stat. § 45:1453 — LA Code / Code revised-statutes / Title 45 / Section 1453
Revocation of privilege; procedure
Status: in_force

In any case where the reporter claims the privilege conferred by this Part, the persons or parties seeking the information may apply to the district court of the parish in which the reporter resides for an order to revoke the privilege. In the event the reporter does not reside within the state, the application shall be made to the district court of the parish where the hearing, action or proceeding in which the information is sought is pending. The application for such an order shall set forth in writing the reason why the disclosure is essential to the protection of the public interest and service of such application shall be made upon the reporter. The order shall be granted only when the court, after hearing the parties, shall find that the disclosure is essential to the public interest. Any such order shall be appealable under Article 2083 of the Louisiana Code of Civil Procedure. In case of any such appeal, the privilege set forth in R.S. 45:1452 shall remain in full force and effect during pendency of such appeal.

Acts 1964, No. 211, §3.
La. Rev. Stat. § 45:1201 — LA Code / Code revised-statutes / Title 45 / Section 1201
Violation of commission's order; law to be posted
Status: in_force

All railroad companies, steamboats or other water craft, express companies, telegraph companies, or telephone companies, sleeping car companies, and others operating railroads, steamboats, express lines, telegraph and telephone lines, and sleeping cars in Louisiana, shall keep a copy of R.S. 45:1200 and 45:1202 posted in a conspicuous place in each of its depots, offices, public stations, or exchanges.
La. Rev. Stat. § 45:1233 — LA Code / Code revised-statutes / Title 45 / Section 1233
Storm recovery bonds not public debt
Status: in_force

Storm recovery bonds are not a debt or a general obligation of the state or any of its political subdivisions, agencies, or instrumentalities and are not a charge on their full faith and credit. An issue of storm recovery bonds does not, directly or indirectly or contingently, obligate the state or any agency, political subdivision, or instrumentality of the state to levy any tax or make any appropriation for payment of the bonds, other than for paying storm recovery charges in their capacity as consumers of electricity. All storm recovery bonds authorized by a financing order by the Public Service Commission must contain on the face thereof a statement to the following effect: "Neither the full faith and credit nor the taxing power of the State of Louisiana is pledged to the payment of the principal of, or interest on, this bond." All storm recovery bonds authorized by a financing order by the council of the City of New Orleans must contain on the face thereof a statement to the following effect: "Neither the full faith and credit nor the taxing power of the State of Louisiana or the City of New Orleans is pledged to the payment of the principal of, or interest on, this bond."

Acts 2006, No. 64, §2, eff. May 22, 2006.
La. Rev. Stat. § 45:1336 — LA Code / Code revised-statutes / Title 45 / Section 1336
Regulation by the commission
Status: in_force

A. The commission shall regulate each trust concomitant with the commission's regulation of the related utility. Notwithstanding such regulation, a trust shall not be considered a public utility and shall not be considered an agent of any utility.

B. Any expenses of examination by the commission shall be charged only to the trust being examined and recovered only from the related utility's share of the distributions or redemptions in respect of the preferred interests held by that trust as provided in R.S. 45:1338.

Acts 2021, No. 293, §3, eff. June 14, 2021.
La. Rev. Stat. § 45:844.50 — LA Code / Code revised-statutes / Title 45 / Section 844.50
Referendum
Status: in_force

A. A local governing authority by a majority vote shall call an election on whether or not the local government shall provide the proposed covered services, before engaging or offering to engage in providing such services. An election held for authorization to issue bonds to finance the provision of covered services pursuant to any law of this state, and held before engaging or offering to engage in providing the proposed covered services, shall be sufficient to satisfy the requirements of this Section. One election called by the local governmental authority shall satisfy the requirements of this Section.

B. If the local governing authority calls an election, the election shall be held:

(1)(a) At the next local government general election; or

(b) As provided in Title 18 of the Louisiana Revised Statutes of 1950 at a local special election, the purpose of which is authorized by this Section.

(2) In accordance with Title 18 of the Louisiana Revised Statutes of 1950 except as provided in this Section.

C. The notice of the election shall include with any other information required by law:

(1) A summary of the covered services that the local governing authority proposes to provide to subscribers residing within the boundaries of the local government.

(2) The feasibility study summary under R.S. 45:844.49.

(3) A statement that a full copy of the feasibility study is available for inspection and copying.

(4) The location in the city or parish or both where the feasibility study may be inspected or copied.

D. The ballot at the election shall pose the question substantially as follows:

"Shall the [name of the local government] be authorized to provide [cable television service or telecommunications or advanced service]?"

E. The ballot proposition may not take effect until submitted to the electors and approved by the majority of those voting on the ballot.

F. A local governing authority that has existing procedures on whether, when, and how to conduct referenda shall utilize those procedures in lieu of the procedures set forth in this Section, provided that the procedures for conducting referenda contain notice and hearing requirements that are substantially similar to those set forth herein.

G. In the event the local governing authority does not have existing procedures on whether, when, and how to conduct referenda, it shall utilize the following procedures:

(1) Upon the valid petition of not less than fifteen percent of or ten thousand, whichever is lesser, of the qualified electors of a local government, submitted to the registrar of voters for verification within one hundred eighty days of submission of the feasibility study to the local governing authority, the local governing authority shall order a referendum election to be held to determine whether or not the local government may offer or provide covered services.

(2)(a) Any qualified elector desiring a referendum election shall sign a petition addressed to the local governing authority of the local government in which he resides, and in substantially the following form:

"PETITION

TO: [Name of local government]

The undersigned qualified electors respectfully request that you call an election to submit, in the manner provided by law, to the qualified electors of [name of local government] the following proposition:

Shall the [name of the local government] be authorized to offer or provide cable television, telecommunications, or advanced services?

Signature:

_______________________________

Address:

_______________________________

Date:

_______________________________"

(b) Where signatures are made on more than one sheet, each sheet of the petition shall reproduce above the signatures in the same manner as is on the first sheet. Each petitioner shall sign his name in his own handwriting and shall write his address and the date on which he signed, otherwise his signature shall be null and void. If an elector cannot sign his name because of age or physical condition, he may have his name and address and the date written by another and shall affix his ordinary "X" mark in the presence of two competent electors, who shall sign their names as witnesses to the mark.

(3) The petition shall be filed with the registrar of voters within ninety days after the date on which the first signature was affixed. The petition, when so filed, becomes a public record and cannot be returned to the proponents or signers thereof.

(4) The registrar of voters shall check the petition and attach thereto his sworn verification showing:

(a) The date the petition was filed.

(b) The date of the first signature of the petition.

(c) The number of qualified electors of the parish or municipality on the registration rolls as of the date of the first signature on the petition, which date shall be used by the registrar in ascertaining if the petition contains the required number of signatures.

(d) That he has checked each signature for its genuineness by comparing the signature on the petition with the signature of the same person on the registration rolls.

(e) The total number of genuine signatures of qualified electors on the petition.

(f) The number of signatures not genuine, or not signed and written in the manner required by Paragraph (2) of this Subsection.

(5) Within thirty days, excluding Saturdays, Sundays, and holidays, from the date the petition was filed with the registrar of voters, the registrar shall file a true copy of the sworn verification required in Paragraph (4) of this Subsection with the local governing authority charged with the duty of calling the election.

(6) Any person whose signature appears on a local option petition and who alleges that such signature is not genuine is hereby authorized to execute and file with the registrar of voters, a sworn affidavit, attesting that the affiant did not sign the petition. The registrar of voters, when checking the signatures for genuineness, shall take the affidavit into consideration, but in no instance shall he certify the signature not to be genuine, unless the comparison of the signatures indicates that the signature is indeed not genuine. Affidavits executed pursuant to this Subsection shall be subject to the perjury provisions of Title 14 of the Louisiana Revised Statutes.

(7)(a) The clerk of the local 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.

(b) If the petition conforms to all the provisions of this Subsection, the local governing authority shall order the election. The ordinance or resolution of the local 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 local governing authority by the registrar of voters.

(c) The local 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 Paragraph (1) of this Subsection, the election shall not be ordered and the petition shall be null and void and cannot be used again.

(d) 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.

(8)(a) When such election has been ordered the following propositions requested to be submitted on the approved and verified petition required by this Chapter, and no others shall be plainly printed upon a special ballot to be used for the election, otherwise the election shall be null and void:

"Shall the [name of local government] be authorized to provide [cable television service or telecommunications or advanced service]?"

(b) In an election a majority vote cast on the proposition shall determine that issue for the local government that has called the election.

(9) The election called shall be governed by the Louisiana Election Code, R.S. 18:401 et seq.

(10) If the petition fails to substantially comply with the requirements provided for by law or if the other requirements specified by the law for the calling or conduct of the election are not substantially complied with, the election is illegal and ineffective and may be declared null and void by any court of competent jurisdiction at the suit of any elector who was qualified to vote in the election. This suit shall be brought within thirty days of the promulgation of the results of the election.

(11) The local governing authority 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 the parish.

Acts 2004, No. 736, §1, eff. July 6, 2004; Acts 2005, No. 406, §1, eff. July 11, 2005.
La. Rev. Stat. § 45:1091 — LA Code / Code revised-statutes / Title 45 / Section 1091
Disclosure or solicitation of information as to shipments; penalty
Status: in_force

No common carrier engaged in intrastate transportation of property, or any officer, agent, or employee of it or any other person or corporation lawfully authorized by such common carrier to receive information therefrom shall knowingly disclose to or permit to be acquired by any person other than the shipper or consignee without the consent of the shipper or consignee, any information concerning the nature, kind, quality, destination, consignee, or routing of any property tendered or delivered to the common carrier for intrastate transportation, which information may be used to the detriment or prejudice of the shipper or consignee, or which may improperly disclose his business transactions to a competitor; nor shall any person or corporation solicit or knowingly receive any information which may be so used.

Whoever violates this Section shall be fined not less than two hundred dollars nor more than one thousand dollars, or imprisoned for not more than one year, or both, for each offense.
La. Rev. Stat. § 45:831 — LA Code / Code revised-statutes / Title 45 / Section 831
Written contract required; cancellation
Status: in_force

A. The purchase of items pursuant to a solicitation made by a telephonic seller or salesperson shall be final only upon receipt by the seller of a written contract which is signed by the purchaser and which meets the requirements of this Section. Such contract shall contain the following:

(1) A description of any item purchased which matches the description of such item principally used in the telephone solicitation.

(2) The value or worth of any item purchased and the basis for such valuation.

(3) All terms and conditions which the purchaser must satisfy in order to receive any item purchased.

(4) The odds, if ascertainable, for a given purchaser to receive any gift, prize, or other item.

(5) If a purchaser is to receive fewer than all gifts, prizes, or items described by the seller, either of the following:

(a) The manner in which the telephonic seller decides which such items a given purchaser is to receive.

(b) The odds, if ascertainable, for a given purchaser to receive each such item.

(6) An explanation of the rights of the purchaser with respect to cancellation of the contract and a statement indicating when notice of cancellation is to be sent.

(7) The following statement, printed in at least twelve-point type, immediately preceding the signature line:

"YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE TELEPHONIC SELLER."

B. No contract made pursuant to this Section shall exclude from its terms any oral or written representation made by a telephonic seller or salesperson to the purchaser in connection with the purchase.

C. A telephonic seller who makes or engages a salesperson to make a telephone solicitation shall not seek or receive compensation of any nature from a purchaser, including submitting a charge to a credit card account of a purchaser, until the telephonic seller receives the signed contract required by this Section from the purchaser.

D. Upon receipt of the signed contract required by this Section, the telephonic seller shall send written confirmation of the sale to the purchaser.

E. The purchaser shall have the right to cancel any contract with a telephonic seller within three business days after the purchaser receives the confirmation required by this Section. Notice of such cancellation shall be written but need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the name and address of the purchaser and the stated intention of the purchaser not to be bound by the contract. Such notice shall be sent to the telephonic seller by certified mail, return receipt requested, and shall be effective when mailed by the purchaser. If the telephonic seller has not provided an address for receipt of such notice, cancellation shall be effective upon mailing the notice to the consumer protection section of the Department of Justice.

F.(1) If a telephonic seller violates any provision of this Chapter in making a sale or fails to deliver any item purchased within thirty calendar days of receipt of the confirmation, the purchaser may cancel the contract. Any consideration paid to the telephonic seller shall be returned to the purchaser within fourteen days of giving notice of such cancellation to the seller. Notice of such cancellation, which may be written or oral, need not take a particular form but shall be sufficient if it indicates the stated intention of the purchaser not to be bound by the contract.

(2) Upon receipt by the purchaser of any consideration paid to the telephonic seller, the purchaser shall return any items received by him to the telephonic seller. The cost of returning such items shall be borne by the telephonic seller by providing or guaranteeing payment for return shipping. However, if such payment is not provided or guaranteed by the telephonic seller, the purchaser shall have the right to keep the items received without further obligation or payment.

G. The provisions of this Section shall not apply to either of the following:

(1) A sale in which a telephonic seller gives a full refund to the purchaser for the return of undamaged and unused items within seven days after receipt of the items by the purchaser if the telephonic seller processes the refund within thirty days after his receipt of the returned items.

(2) A sale in which a purchaser gives notice of cancellation of services to the telephonic seller within seven days after receipt of the items by the purchaser if the telephonic seller processes the refund within thirty days after his receipt of the returned items.

Acts 1995, No. 679, §1.
La. Rev. Stat. § 45:251 — LA Code / Code revised-statutes / Title 45 / Section 251
Definitions
Status: in_force

As used in this Chapter, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:

(1) "Common carrier" includes all persons engaged in the transportation of petroleum as public utilities and common carriers for hire; or which on proper showing may be legally held a common carrier from the nature of the business conducted, or from the manner in which such business is carried on.

(2) "Petroleum" means crude petroleum, crude petroleum products, distillate, condensate, liquefied petroleum gas, any hydrocarbon in a liquid state, any product in a liquid state which is derived in whole or in part from any hydrocarbon, and any mixture or mixtures thereof; provided, however, that such term shall not include methanol synthetically produced from coal, lignite, or petroleum coke.

(3)(a) "Pipe line" includes the following:

(i) The real estate, rights of way, pipe in line, telephone and telegraph lines or other communications systems, tank facilities as herein designated, necessary or integral to the pipe line transportation function and necessary for the proper conduct of the subject common carrier's business as a common carrier.

(ii) All fixtures, equipment, and personal property of every kind owned, controlled, operated, used, or managed, in connection with, or to facilitate the transportation, distribution, and delivery of petroleum through lines constructed of pipe.

(b) "Pipe line" does not include the following:

(i) 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.

(ii) Any property of an entity that does not otherwise meet the definition of common carrier.

(4) "Secretarial review" means a review by the secretary of the Department of Conservation and Energy pursuant to R.S. 45:252. The secretary shall simultaneously consider all of the following:

(a) Connectivity.

(b) Necessity.

(c) Physical placement.

(d) Past and present ownership, including changes in corporate structure.

(e) Regulatory history, including prior determinations or orders by any relevant agency.

(f) Operational characteristics, including but not limited to product type or alternative routes.

(g) Whether the property is truly necessary or integral to the pipeline transportation function and necessary for the proper conduct of the business.

(h) Any indication that the property or its owner does not meet the statutory definition of a common carrier.

Amended by Acts 1964, No. 28, §1; Acts 1968, Ex. Sess., No. 6, §1; Acts 1980, No. 109, §1; Acts 2025, No. 458, §8, eff. Oct. 1, 2025.
La. Rev. Stat. § 45:1362 — LA Code / Code revised-statutes / Title 45 / Section 1362
Legislative findings
Status: in_force

A. The Legislature of Louisiana finds and declares that it is the policy of this state to increase competition for cable services and video services throughout the state in order to provide the widest possible diversity of information and new resources to the general public and to encourage economic development in this state. Increased competition in cable services and video services not only provides consumers with more choice, better prices, and better services, but also encourages and speeds the deployment of new communication technologies to the public. The technology used to deliver cable and video service is not constrained or limited by local governmental subdivision boundaries. Accordingly, it is appropriate for the legislature to review and update the policy of this state with regard to these services and to protect the health, safety, and welfare of Louisiana citizens.

B. The Legislature of Louisiana finds that reforming and streamlining the current system of regulating cable services and video services will relieve consumers of unnecessary costs and burdens, encourage investment in advanced networks, and promote deployment of advanced and innovative services that provide competitive choices for consumers. The Legislature of Louisiana further finds that a streamlined procedure for granting and renewing cable service and video service franchises will provide statewide uniformity to allow functionally equivalent services to compete fairly and to allow new consumer services to be deployed more quickly.

C. The Legislature of Louisiana further finds that it is in the best interests of consumers of video programming services that access to the public rights-of-way for the provision of cable and video services to be provided on a non-exclusive, nondiscriminatory basis, that such access not be unreasonably denied, and that the fees and charges applied to video programming providers be equitable regardless of the technology used.

D. The Legislature of Louisiana intends that this Chapter provide uniform regulation of cable and video service franchising. Therefore, the Legislature of Louisiana intends that the Chapter occupy the entire field of cable and video service franchising regulation in the state of Louisiana and, except as provided herein, shall preempt any ordinance, resolution, or similar matter adopted by a local governmental subdivision that purports to address cable or video service franchising or regulation. This Chapter is enacted pursuant to the police powers ultimately reserved to the state by Article VI, Section 9 of the Constitution of Louisiana.

E. The Legislature of Louisiana does not intend that the "opt-in" right afforded by R.S. 45:1365 shall release any indebtedness, liability or obligation that is owed to the state, a parish, or a municipality at the time that an incumbent service provider exercises those rights. If a court should determine that R.S. 45:1365 has the effect of releasing an indebtedness, liability or obligation in contravention of Article VII, Section 15 of the Constitution of Louisiana, then it is the intent of the legislature that R.S. 45:1365 be severed from this Chapter so that the remaining provisions can remain in full force and effect.

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:1369 — LA Code / Code revised-statutes / Title 45 / Section 1369
Public, educational, and governmental access programming streams or channels
Status: in_force

A. Not later than one hundred twenty days after a request by a local governmental subdivision, the holder of a certificate shall provide the local governmental subdivision in which it provides cable service or video service with capacity in its network to allow public, educational, and governmental (PEG) access programming streams or channels for noncommercial programming consistent with this Section.

B.(1) The holder of a certificate shall designate a sufficient amount of capability on its cable system or wireline facilities used to distribute video programming services to allow for the provision of a comparable number of PEG access programming streams or channels a local governmental subdivision has activated under the franchise agreement of the incumbent service provider with the most subscribers in such local governmental subdivision as of August 15, 2008.

(2) If a local governmental subdivision did not have PEG access programming streams or channels as of August 15, 2008, the cable service provider or video service provider shall furnish, upon written request, capability sufficient to support up to three PEG access programming streams or channels for a local governmental subdivision with a population of at least fifty thousand and up to two PEG access programming streams or channels for a local governmental subdivision with a population of less than fifty thousand. However, the holder may require all local governmental subdivisions served by a single headend or similar facility and requesting PEG access programming streams or channels under this Subsection to jointly use the PEG access programming streams or channels provided in this Subsection. For the purpose of applying the limits in this Subsection, the populations of all such local governmental subdivisions shall be aggregated.

(3) The holder of a certificate may be required by a local governmental subdivision to provide one PEG access programming stream or channel in the basic subscription service package or tier offered by the provider. All other PEG access programming streams or channels required by this Section may be located in any subscription package or tier subscribed to by fifty percent or more of customers of a cable service provider or video service provider. The holder may provide any PEG access programming stream required by this Section in either digital or analog format.

C. A local governmental subdivision may use one PEG access programming stream or channel without restrictions relating to repeat programming provided in this Section. To qualify for any additional PEG accessing programming stream or channel authorized by this Section, a local governmental subdivision shall certify that the additional PEG access programming stream or channel, upon activation, will be utilized for at least eight continuous hours of non-repeating content per day. If a local governmental subdivision fails to utilize any additional PEG access programming stream or channel for at least eight continuous hours of non-repeating content per day, such PEG access programming stream or channel shall no longer be made available to the local governmental subdivision and may be programmed at the discretion of the cable service provider or video service provider. At such time as the local governmental subdivision can certify to the cable service provider or video service provider a schedule for at least eight continuous hours of non-repeating daily programming, the cable service provider or video service provider shall restore the previously lost programming stream or channel on any tier of service at the certificate holder's sole discretion.

D. The operation of any PEG access programming stream or channel provided pursuant to this Section shall be the responsibility of the municipality or the parish receiving the benefit of such programming stream or channel and holder of a certificate bears only the responsibility for the transmission of such programming stream or channel.

E. The local governmental subdivision shall ensure that all transmissions of content and programming provided by or arranged by them to be transmitted over a PEG access programming stream or channel by a holder of a certificate are provided and submitted to the cable service provider or video service provider in a manner or form that is capable of being accepted and transmitted by the provider over its network without further alteration or change in the content or transmission signal and which is compatible with the technology or protocol utilized by the cable service provider or video service provider to deliver its cable service or video service.

F. Where technically feasible, the incumbent service provider shall, upon receipt of a written request of a holder of a certificate, negotiate in good faith to interconnect its cable system or wireline facilities used to distribute video programming services with the cable system or wireline facilities used to distribute video programming services of such certificate holder on mutually acceptable and reasonable terms in order to enable such certificate holder to gain access to PEG programming. Interconnection may be accomplished by direct cable microwave link, satellite, or other reasonable method of connection. No incumbent service provider shall withhold interconnection with another cable service provider or video service provider.

G. A holder of a certificate is not required to interconnect for, or otherwise to transmit, PEG content that is branded with the logo, name, or other identifying marks of another cable service provider or video service provider, and a municipality or parish may require a cable service provider or video service provider to remove its logo, name, or other identifying marks from PEG content that is to be made available to another provider.

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:1097.3 — LA Code / Code revised-statutes / Title 45 / Section 1097.3
Freight loss or damages; computing value; settlement
Status: in_force

A. Damages for violation of R.S. 45:1097.1 shall be assessed at a rate of ten dollars per day or one-fiftieth of the value declared in writing by the shipper of the property or agreed upon in writing as the released value of the property, where such value declared or agreed upon is more than five hundred dollars, for each day that the claim or notice remains unsettled after the sixtieth day. If there is no value declared in writing by the shipper of the property, damages shall be assessed at a rate of ten dollars per day.

B. No assessment of damages under this section may be made after settlement of a claim in good faith either by payment or by denial of liability.

C. The provisions of Subsection B of this section do not apply to a settlement of a claim either by payment or by denial of liability where the payment or denial of liability is made in bad faith and for the sole purpose of avoiding damages under R.S. 45:1097.1-45:1097.5.

Acts 1972, No. 70, §3.
La. Rev. Stat. § 45:848 — LA Code / Code revised-statutes / Title 45 / Section 848
Deposits by consumers; interest; return
Status: in_force

Whenever any person engaged in furnishing gas, electricity or water shall demand of its patrons a cash security to protect the furnisher of gas, electricity or water from loss by reason of extending to such patron's gas, electric or water service, the furnisher shall pay to that patron, interest at the rate of five per cent per annum upon the amount of the deposit so long as it continues to hold or exact the deposit. The balance of the deposit together with earned interest shall be returned to the depositor, on demand whenever the service is discontinued, and any refusal or neglect to return the balance shall subject the furnisher of gas, water or electricity to the penalty of paying the consumer ten per cent per annum interest upon the deposit so retained after demand.
La. Rev. Stat. § 45:830 — LA Code / Code revised-statutes / Title 45 / Section 830
Monies collected; use
Status: in_force

All monies collected pursuant to this Chapter shall be used for the regulation and enforcement of the provisions of this Chapter.

Acts 1993, No. 1003, §1.
La. Rev. Stat. § 45:1164.4 — LA Code / Code revised-statutes / Title 45 / Section 1164.4
Filing of petition with registrar of voters; publication
Status: in_force

The petition shall be filed with the registrar of voters within ninety days after the date on which the first signature was affixed. The petition, when so filed, becomes a public record and cannot be returned to the proponents or signers thereof.

The registrar of voters shall have the petition, including the names and addresses of the petitioners and the dates of signing, published at the earliest possible time in the official journal of the municipality or other political subdivision, at the expense of the governing authority charged with the duty of calling the election. The formal portion of the petition need be reproduced only once in the publication.

Added by Acts 1975, No. 328, §2.
La. Rev. Stat. § 45:844.1 — LA Code / Code revised-statutes / Title 45 / Section 844.1
Definitions
Status: in_force

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

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

(2) "Telephone solicitation" means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes, or for the purpose of soliciting contributions for or on behalf of a charitable organization as defined in R.S. 51:1901(1).

(3) "Telephone solicitor" means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephone solicitation, including but not limited to calls made by use of automated dialing or recorded message devices.

Acts 1999, No. 518, §1.
La. Rev. Stat. § 45:1133 — LA Code / Code revised-statutes / Title 45 / Section 1133
Form of bond
Status: in_force

The bonds issued pursuant to this Part shall be in coupon form but may be made registerable as to principal if so provided in the resolution authorizing the issuance thereof.
La. Rev. Stat. § 45:1317 — LA Code / Code revised-statutes / Title 45 / Section 1317
Regulation by the Public Service Commission
Status: in_force

A. The Public Service Commission shall regulate the corporation as provided for in this Part with the same plenary regulatory authority as provided under the Constitution of Louisiana with respect to public utilities. Such regulation shall be concomitant with the Public Service Commission's regulation of public utilities. Notwithstanding such regulation, as provided in R.S. 45:1327, the corporation is not a public utility. Although the organization and operations of the corporation shall be regulated exclusively by the Public Service Commission, any financing order pertaining to a utility furnishing utility service within the city of New Orleans shall be issued by the council of the city of New Orleans and be binding on such utility and the corporation.

B. To the extent that R.S. 45:1180 through 1182 permit the commission to recover expenses of examination, such expenses of examination will be charged only to the utility or utilities acting as collection agent for the corporation and on whose bills the charges of the corporation appear. Such expenses of examination will be considered to be legitimate operating expenses of the utility and therefore recovered by the utility from its customers.

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:1341 — LA Code / Code revised-statutes / Title 45 / Section 1341
Transfers by beneficiaries
Status: in_force

A. The trust's beneficiaries shall have no power over the trust or the trust property. A beneficiary shall not alienate or encumber its beneficial interest in a trust, except as solely permitted by Subsection B of this Section.

B. If authorized in the pertinent financing order, a trust agreement shall permit the corporation to encumber the whole or any part of its interest as beneficiary in favor of the issuer of the related bonds as additional security for the corporation's repayment of the loan of the net proceeds of the related bonds made to the corporation by that issuer. The issuer also may pledge that collateral. In such instance, the trust agreement shall require the trustee to pay a pledgee all or a portion of a distribution owing to the corporation after the trustee receives a notification, authenticated by the corporation or the pledgee, that the amount due or to become due has been assigned and that payment is to be made to the pledgee, notwithstanding any provisions in R.S. 10:9-406. A trustee may request the pledgee to seasonably furnish reasonable proof that the assignment to the pledgee has been made, and unless the pledgee complies, the trustee may pay the corporation, even if the trustee has received a notification pursuant to this Subsection. As to trust property, the pledgee may seize only distributions of dividend income and redemption payments that have been authorized by the trustee and not yet paid to the corporation beneficiary as pledgor.

C. A trust agreement shall provide that the interest of the related utility beneficiary shall not be subject to voluntary or involuntary alienation or encumbrance. Such a restraint upon voluntary alienation or encumbrance is valid. However, a restraint upon involuntary alienation, or encumbrance by a beneficiary, is subject to the limitations in Subsection D of this Section.

D. A creditor of a related utility beneficiary may seize only distributions of dividend income and redemption proceeds that have been authorized by the trustee and have not yet been paid to such beneficiary.

E. For purposes of R.S. 39:1430.1, the corporation's beneficial interest in a trust including, without limitation, the corporation's rights under a trust agreement, interests in income and principal, and income, receipts, and proceeds from distributions from a trust, whether dividend income, redemption payments, or otherwise, shall be considered to be income, revenues, monies, receipts, and contract rights pursuant to R.S. 39:1430.1, and shall be subject to the provisions of R.S. 39:1430.1. A pledge and security interest granted by the corporation in such rights, interests, income, receipts, and proceeds pursuant to this Subpart shall be effective as to the applicable trustee from the time a copy of the pledge or security agreement is received by the trustee, and shall be valid, perfected, and enforceable against the corporation and other third parties from the time when the pledge and grant is made without any notice or filing of any kind. Without limiting the foregoing, notwithstanding that the corporation's interest in a trust is a general intangible pursuant to the Uniform Commercial Code - Secured Transactions, R.S. 10:9-101 et seq., the filing of a financing statement is not required to perfect a pledgee's security interest in the corporation's movable property described in this Subsection. This pledge and security interest pursuant to this Subsection shall secure all obligations, then existing or thereafter arising, provided in the pledge or security agreement. A perfected pledge and security interest pursuant to this Subsection shall be a continuously perfected privilege and security interest in all movable property described in this Subsection whether or not the interests, income, receipts, proceeds, or distributions have accrued. Conflicting pledges, if allowed, shall rank according to priority in time of perfection.

F. Insofar as the provisions of this Section are inconsistent with the provisions of R.S. 10:9-406 or 9-408, the provisions of this Section shall be controlling.

Acts 2021, No. 293, §3, eff. June 14, 2021.
La. Rev. Stat. § 45:1251 — LA Code / Code revised-statutes / Title 45 / Section 1251
Short title; purpose
Status: in_force

A. This Part shall be known and may be cited as the "Louisiana Electric Utility Investment Recovery Securitization Act".

B. The purpose of this Part is to enable Louisiana electric utilities, if authorized by a financing order issued by the commission, to use securitization financing for certain investment recovery costs, because this type of debt may lower the financing costs or mitigate the impact on rates in comparison with conventional utility financing methods or alternative methods of recovery, thereby benefiting ratepayers. The investment recovery bonds will not be public debt. The proceeds of the investment recovery bonds shall be used for the purpose of recovering certain investment recovery costs, solely as allowed by the commission. Securitization financing for investment recovery costs is hereby recognized to be a valid public purpose. Federal tax laws and revenue procedures expressly require that special state legislation be enacted in order for such transactions to receive certain tax benefits. The legislature finds a need to promote such securitization financing, if authorized by the commission, by providing clear and exclusive methods to create, transfer, and encumber interests in investment recovery property as defined in this Part. This need can be met by providing in this Part for such methods and by establishing that any conflict between the rules governing sales, assignments, or transfers of, or security interests, privileges, or other encumbrances of any nature upon incorporeal movable property under other Louisiana laws and the methods provided in this Part, including without limitation with regard to creation, perfection, priority, or enforcement, shall be resolved in favor of the rules and methods established in this Part with regard to investment recovery property.

C. The intent of this Part is to provide benefits to Louisiana ratepayers by allowing a Louisiana electric utility, if authorized by a financing order, to achieve certain tax and credit benefits of financing investment recovery costs. This Part does not in any way limit, impair, or impact the commission's plenary jurisdiction over the rates charged and services rendered by public utilities in this state. Instead, this Part addresses certain property, security interest, and other matters to ensure that the financial and federal income tax benefits of financing investment recovery costs through securitization are available in Louisiana. The beneficial income tax and credit characteristics that may be achieved include the following:

(1) Treating the investment recovery bonds as debt of the electric utility for income tax purposes.

(2) Treating the investment recovery charges as gross income to the electric utility recognized under the utility's usual method of accounting for federal and state income tax purposes, rather than recognizing gross income upon the receipt of the financing order or of cash in exchange for the sale of the investment recovery property or the issuance of the investment recovery bonds.

(3) Avoiding the recognition of debt on the electric utility's balance sheet for certain credit and regulatory purposes by reason of the investment recovery bonds.

(4) Treating the sale, assignment, or transfer of the investment recovery property by the electric utility as a true sale for state law and bankruptcy purposes.

(5) Avoiding any adverse impact of the financing on the electric utility's credit rating.

Acts 2010, No. 988, §2, eff. July 6, 2010.
La. Rev. Stat. § 45:1252 — LA Code / Code revised-statutes / Title 45 / Section 1252
Definitions
Status: in_force

As used in this Part:

(1) "Ancillary agreement" means any bond, insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in connection with the issuance or payment of investment recovery bonds.

(2) "Assignee" means any legal or commercial entity, including but not limited to a corporation, limited liability company, partnership, limited partnership, or other legally recognized entity to which an electric utility sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to investment recovery property. The term also includes any legal or commercial entity to which an assignee sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to investment recovery property.

(3) "Commission" means the Louisiana Public Service Commission or, solely with respect to an electric utility furnishing electric service within the city of New Orleans, the council of the city of New Orleans. Each such commission will issue orders under this Part pertaining to those electric utilities subject to that commission's powers of regulation and supervision.

(4) "Electric utility" or "utility" means an "electric public utility" as defined in R.S. 45:121 and in addition includes any person furnishing electric service within the city of New Orleans.

(5) "Financing costs" means any of the following:

(a) Interest and acquisition, defeasance, or redemption premiums that are payable on investment recovery bonds.

(b) Any payment required under an ancillary agreement and any amount required to fund or replenish reserve or other accounts established under the terms of any indenture, ancillary agreement, or other financing documents pertaining to investment recovery bonds.

(c) Any other cost related to issuing, supporting, repaying, servicing, and refunding investment recovery bonds, including but not limited to servicing fees, accounting and auditing fees, trustee fees, legal fees, consulting fees, administrative fees, printing and edgarizing fees, financial advisor fees, placement and underwriting fees, capitalized interest, rating agency fees, government registration fees, stock exchange listing and compliance fees, and filing fees, including costs related to obtaining the financing order.

(d) Any income taxes and license fees imposed on the revenues generated from the collection of investment recovery charges or otherwise resulting from the collection of investment recovery charges, in any such case whether paid, payable, or accrued.

(e) Any state and local taxes, franchise, gross receipts, and other taxes or similar charges, including but not limited to regulatory assessment fees, in any such case whether paid, payable, or accrued.

(f) Any other costs and charges approved by the commission for inclusion in investment recovery charges.

(6) "Financing order" means an order of the commission, if granted by the commission in its sole discretion, which allows for all of the following:

(a) The issuance of investment recovery bonds.

(b) The imposition, collection, and periodic adjustments of investment recovery charges.

(c) The creation of investment recovery property.

(d) The sale, assignment, or transfer of investment recovery property to an assignee.

(7) "Financing party" means any holder of investment recovery bonds, any party to or beneficiary of an ancillary agreement, and any trustee, collateral agent, or other person acting for the benefit of any of the foregoing.

(8) "Financing statement" has the same meaning as that provided in the Uniform Commercial Code—Secured Transactions. All financing statements referenced in this Part shall be filed in accordance with Part 5 of Chapter 9 of Title 10 of the Louisiana Revised Statutes and shall be filed in this state.

(9) "Investment recovery bonds" means bonds, debentures, notes, certificates of participation, certificates of ownership, or other evidences of indebtedness or ownership that are issued pursuant to an indenture, contract, or other agreement of an electric utility or an assignee pursuant to a financing order, the proceeds of which are used directly or indirectly to provide, recover, finance, or refinance commission-approved investment recovery costs and financing costs, and which are secured by or payable from investment recovery property. If certificates of participation or ownership are issued, references in this Part to principal, interest, or premium shall be construed to refer to comparable amounts under those certificates. Investment recovery bonds shall be nonrecourse to the credit or any assets of the electric utility other than the investment recovery property as specified in the financing order and any rights under any ancillary agreement. Investment recovery bonds shall be legal investments for all governmental units, financial institutions, insurance companies, fiduciaries, and other persons that require statutory authority regarding legal investment.

(10) "Investment recovery charge" means the amounts authorized by the commission to recover, finance, or refinance investment recovery costs and financing costs. If determined appropriate by the commission and provided for in a financing order, such amounts are to be imposed on customer bills and collected by an electric utility or its successors or assignees, or a collection agent, in full through a charge which may be collected as part of the electric utility's base rates, fuel adjustment clauses, or in any other manner deemed appropriate by the commission, for the time period specified in the financing order, paid by existing and future customers receiving transmission or distribution service, or both, from the electric utility or its successors or assignees under rate schedules or special contracts approved by the commission. The commission may provide for payment of such charges even if the customer elects to purchase electricity from an alternative electricity supplier including as the result of a fundamental change in the manner of regulation of public utilities in this state.

(11) "Investment recovery costs" means, if requested by the electric utility, and as may be approved by the commission, costs incurred or to be incurred by an electric utility consisting of any of the following:

(a) Costs associated with the following:

(i) The cancelled construction of electric generating or transmission facilities.

(ii) Any other type of capital investment in excess of three hundred fifty million dollars determined by the commission to be suitable for securitization financing under this Part.

(b) Costs associated with purchasing or otherwise acquiring long-term supplies of fuel of any type or facilities of any type for the production, delivery, or storage of such supplies before or after use or of waste or other byproducts of such use, including without limitation acquisitions of rights in immovables or movables, whether corporeal or incorporeal, wherever situated, acquisitions of ownership interests in juridical persons that own mineral rights or other rights to fuel supplies, prepaid forward purchases of fuel, and storage of spent nuclear fuel or any waste from the generation of electricity.

(c) Any other expenses, unrecovered costs, capital expenditures, or write-offs incurred or to be incurred by the electric utility, including without limitation incremental out-of-pocket costs, write-offs of unpaid customer bills in excess of those provided for in rates, lost contributions to fixed costs, and costs of special rate relief or other credit arrangements extended to customers, as a result of an event designated as a state emergency by the governor if the expenses, unrecovered costs, capital expenditures, or write-offs are approved, in whole or in part, by the commission as eligible for recovery from the ratepayers of the electric utility and the commission determines that securitization is the appropriate means of financing for the expenses, unrecovered costs, capital expenditures, or write-offs after proceedings in accordance with the commission's rules.

(d) Costs of repurchasing equity or retiring any existing indebtedness relating to any costs as provided in Subparagraphs (a), (b), and (c) of this Paragraph.

(12) "Investment recovery property" means the contract right constituting incorporeal movable property newly created pursuant to this Part which consists of any of the following:

(a) The rights and interests of an electric utility or successor or assignee of the electric utility specified under a financing order, including the right to impose, bill, charge, collect, and receive investment recovery charges authorized in the financing order and to obtain periodic adjustments to such charges as may be provided in the financing order.

(b) All revenues, collections, claims, rights to payment, payments, money, or proceeds arising from the rights and interests specified in Subparagraph (a) of this Paragraph, regardless of whether such revenues, collections, claims, rights to payment, payments, money, or proceeds are imposed, billed, received, collected, or maintained together with or commingled with other revenues, collections, rights to payment, payments, money, or proceeds.

(13) "Lien creditor" means any of the following:

(a) A creditor that has acquired a lien on the property involved by attachment, sequestration, seizure, levy, or by similar means.

(b) An assignee for benefit of creditors from the time of assignment.

(c) A trustee in bankruptcy from the date of the filing of the petition.

(d) A receiver in equity from the time of appointment.

(14) "Secured party" means a financing party in favor of which an electric utility or its successors or assignees creates a security interest in any or all portions of its interest in or right to investment recovery property. A secured party may be granted a security interest in investment recovery property under this Part and a security interest in other collateral subject to the Uniform Commercial Code--Secured Transactions in one security agreement.

(15) "Security interest" means a pledge, hypothecation, or other encumbrance of or other right over any portion of investment recovery property created by contract to secure the payment or performance of an obligation.

(16) "Uniform Commercial Code--Secured Transactions" means Chapter 9 of Title 10 of the Louisiana Revised Statutes of 1950.

Acts 2010, No. 988, §2, eff. July 6, 2010; Acts 2020, 1 st Ex. Sess., No. 32, §1.
La. Rev. Stat. § 45:781 — LA Code / Code revised-statutes / Title 45 / Section 781
Lines; right to use public property; railroad property; waters; roads and streets; private property; expropriation; excluding lines of competitors; franchising of cable television by parishes
Status: in_force

A. Corporations, domestic or foreign, formed for the purpose of transmitting intelligence by telegraph or telephone or other system of transmitting intelligence, may construct and maintain telegraph, telephone or other lines necessary to transmit intelligence along all public roads or public works, and along and parallel to any of the railroads in the state, and along and over the waters of the state, if the ordinary use of the roads, works, railroads, and waters are not obstructed, and along the streets of any city, with the consent of the city council or trustees. Such companies, shall be entitled to the right of way over all lands belonging to the state and over the lands, privileges and servitudes of other persons, and to the right to erect poles, piers, abutments, and other works necessary for constructing and maintaining lines and works, upon making just compensation therefor. If the company fails to secure such right by consent, contract or agreement upon just and reasonable terms, then the company has the right to proceed to expropriate as provided by law for railroads and other works of public utility, but shall not impede the full use of the highways, navigable waters, or the drainage or natural servitudes of the land over which the right of way may be exercised. No company, operating under the provisions of this Section, shall contract with the owners of land or with any other corporation for the right to erect and maintain any telephone, telegraph or other line for transmission of intelligence over its lands, privileges or servitudes, to the exclusion of the lines of other companies operating under the provisions of this Section.

B. Nothing provided in Section A herein shall affect the right granted to parish governing authorities to grant franchises for the regulation of cable television outside municipalities.

Amended by Acts 1976, No. 573, §2.
La. Rev. Stat. § 45:201.4 — LA Code / Code revised-statutes / Title 45 / Section 201.4
Definitions
Status: in_force

The following terms, as used in this Part, have the meanings ascribed to them in this Section except when a different meaning is expressly stated or clearly indicated by the context:

(1) "Bodily injury" means claims for general and special damages for personal injury arising under Civil Code Article 2315.

(2) "Digital network" means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.

(3) "Personal vehicle" means a vehicle that is used by a transportation network company driver and is owned, leased, or otherwise authorized for use by the transportation network company driver. A personal vehicle is not a vehicle subject to Parts A and B of this Chapter or engaged solely in interstate commerce.

(4) "Prearranged ride" means the provision of transportation by a driver to a rider that commences when a driver accepts a ride requested by a person through a digital network controlled by a transportation network company, continues during the driver transporting a requesting rider, and ends when the last requesting rider departs from the personal vehicle. A prearranged ride does not include shared expense van pool services, as defined pursuant to R.S. 45:162(18), or shared expense car pool services, as defined pursuant to R.S. 45:162(1), transportation provided using a vehicle subject to Part A or B of this Chapter or engaged solely in interstate commerce.

(5) "Pre-trip acceptance period" means any period of time during which a driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride as defined in Paragraph (4) of this Section.

(6) "Transportation network company" means a person, whether natural or juridical, that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides, or a person, whether natural or juridical, that provides a technology platform to a transportation network company rider that enables the transportation network company rider to schedule a prearranged ride.

(7) "Transportation network company driver" or "driver" means a person who receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company, and who uses a personal vehicle to offer or provide a prearranged ride to persons upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.

(8) "Transportation network company rider" or "rider" means a person who uses a transportation network company’s digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.

Acts 2015, No. 266, §1, eff. June 29, 2015.
La. Rev. Stat. § 45:858 — LA Code / Code revised-statutes / Title 45 / Section 858
Transportation of goods, products, and commodities
Status: in_force

A. The owner of goods, products, or commodities being transported by carriers in Louisiana is not automatically an offeror of such goods, products, or commodities for transportation. An offeror is defined as any person who:

(1) Has physical possession of the goods, products, or commodities prior to shipment.

(2) Arranges for the transportation of the goods, products, or commodities by the carrier.

(3) Loads the goods, products, or commodities into the transportation vehicle.

(4) Prepares shipping papers and arranges for the carrier to pick up the shipment.

(5) Inspects the transportation vehicle and its contents prior to tendering the goods, products, or commodities to the carrier for transportation.

B. The provisions of Subsection A of this Section shall not apply to the transporting of goods, products, or commodities by any state or federal authority.

Acts 2003, No. 1262, §2.
La. Rev. Stat. § 45:1322 — LA Code / Code revised-statutes / Title 45 / Section 1322
Corporation funds
Status: in_force

A. The corporation's monies shall be maintained by the corporation as a separate and special fund, separate and apart from the general fund of the state. Unexpended amounts remaining in the corporation's fund at the end of a fiscal year shall not lapse into the state general fund, and any interest earned or investment earnings on amounts in the corporation's fund shall be deposited into such fund, to the credit of the appropriate account.

B. The expenditure of money by the corporation shall be under the direction of the governing board and the regulation of the commission, and such monies shall be paid by the corporation only in accordance with R.S. 45:1316(A) and as approved by the commission pursuant to procedures established by commission regulations or orders, as applicable.

C. There shall be created separate accounts by the corporation for each utility that is collecting system restoration charges on behalf of the corporation. The net proceeds of system restoration bonds issued pursuant to a financing order transferred to the corporation shall be allocated to the account of the utility collecting such system restoration charges pursuant to a financing order, as requested by the utility and approved by the commission.

D. Immediately upon the deposit to the corporation's fund of the proceeds of the system restoration bonds transferred to the corporation, a utility shall be entitled to request disbursements by the corporation from the appropriate account of the fund in the amount of system restoration costs that have been approved by the commission, and the corporation shall grant such request consistent with the terms of the commission's order and R.S. 45:1316(A).

E. The primary purpose of this Part being to serve the public good and to benefit the public as a whole as part of a regulatory program intended to minimize the rates charged by utilities and to strengthen the financial position of utilities that have restored and rebuilt their systems, any disbursements by the corporation pursuant to this Section to a utility are intended to be non-shareholder contributions to the capital of the utility that promote the general welfare of the citizens of the state. Such disbursements are not payments for any service provided by the utility to the corporation or the utility's customers. Further, such disbursements are not payments in the nature of insurance or otherwise as direct compensation for losses by the utility from storms. Instead, such disbursements shall be made only in exchange for the utility's commitment contained in the financing order as described in R.S. 45:1318(C)(5).

Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
La. Rev. Stat. § 45:1161.2 — LA Code / Code revised-statutes / Title 45 / Section 1161.2
Domicile; quorum; officers
Status: in_force

A. The commission shall be domiciled in Baton Rouge, but may meet, conduct investigations, and render orders elsewhere in the state.

B. Three commissioners shall constitute a quorum for the transaction of business at any regular or special meeting. All official action of the commission shall require the favorable vote of a majority of the elected membership.

C. At its first regular or special meeting of each calendar year the commission shall elect a chairman and a vice chairman from among its membership.

Added by Acts 1975, No. 4, §1, eff. June 13, 1975.
La. Rev. Stat. § 45:200.7 — LA Code / Code revised-statutes / Title 45 / Section 200.7
Effectiveness of certificate
Status: in_force

The certificate for any public carrier vehicle or vehicles of an owner thereof shall be effective, and operation shall be permitted thereunder, only so long as the insurance required under R.S. 45:200.4, or permitted under R.S. 45:200.5, as to such vehicle or vehicles shall remain in force as therein provided, or the statement of financial responsibility required under R.S. 45:200.6 shall be filed currently each year and the insurance required under said Section shall remain in force with regard thereto.

Added by Acts 1962, No. 404, §1.
La. Rev. Stat. § 45:201.11 — LA Code / Code revised-statutes / Title 45 / Section 201.11
Violations
Status: in_force

Any person who shall operate a vehicle upon any street in violation of R.S. 45:201.6 shall be guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not less than sixty days nor more than one year, or both.

Acts 2015, No. 266, §1, eff. June 29, 2015.
La. Rev. Stat. § 45:1361 — LA Code / Code revised-statutes / Title 45 / Section 1361
Short title
Status: in_force

This Chapter shall be known and may be cited as the "Consumer Choice for Television Act."

Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:1134 — LA Code / Code revised-statutes / Title 45 / Section 1134
Denomination, interest and maturity of bond
Status: in_force

The bonds shall be in the denomination of $100 or a multiple thereof, shall bear interest at a coupon rate not exceeding six per cent per annum; shall mature serially or otherwise in a manner as may be provided by the governing body, but not later than forty years from their date; shall be made payable at such place or places within or without Louisiana as may be provided by the governing body; and in the discretion of the governing body may be made redeemable at the option of the issuing political subdivision prior to maturity at such premium not greater than ten per cent of the principal amount thereof as the governing body may determine.
La. Rev. Stat. § 45:197 — LA Code / Code revised-statutes / Title 45 / Section 197
Taxicab drivers to show charges on meter; penalty
Status: in_force

No driver or chauffeur of a taxicab or automobile or other motor propelled vehicle for hire, while in service, shall operate the vehicle, if provided with a meter, without properly pulling the flag attached to the meter or other necessary part of the meter in order to show constantly, to the passenger or his employers the exact charges on the meter as they increase.

Whoever violates this Section shall be fined not more than one hundred dollars, or imprisoned for not less than six months, or both.
La. Rev. Stat. § 45:1166.2 — LA Code / Code revised-statutes / Title 45 / Section 1166.2
Cramming
Status: in_force

A. For purposes of this Part, the term "cramming" shall be defined as the inclusion of any charges on a subscriber's telephone bill that the subscriber did not authorize.

B. The Louisiana Public Service Commission shall adopt rules and regulations including but not limited to the adoption of fines and sanctions prohibiting any telecommunications service provider or any person acting on behalf of any telecommunications service provider from engaging in the billing and collecting of cramming.

Acts 1999, No. 410, §1.
La. Rev. Stat. § 45:561 — LA Code / Code revised-statutes / Title 45 / Section 561
Implementation of Federal Railroad Safety Act of 1970
Status: in_force

The Public Service Commission is hereby authorized to perform any act and issue any rules or orders as permitted by the Federal Railroad State Safety Participation regulations (49 CFR Part 212).

Acts 2008, No. 753, §1.
La. Rev. Stat. § 45:201.6 — LA Code / Code revised-statutes / Title 45 / Section 201.6
Requirements for insurance
Status: in_force

A. A transportation network company driver or a transportation network company on the driver's behalf shall maintain primary automobile insurance that meets the requirements of this Section.

B. Automobile insurance during the pre-trip acceptance period shall:

(1) Be in the amount of not less than fifty thousand dollars for death and bodily injury per person, not less than one hundred thousand dollars for death and bodily injury per incident, and not less than twenty-five thousand dollars for property damage.

(2) Include uninsured and underinsured motorist coverage to the extent required by R.S. 22:1295.

C. Automobile insurance during a prearranged ride shall:

(1) Be in the amount of not less than one million dollars for death, bodily injury, and property damage.

(2) Include uninsured and underinsured motorist coverage to the extent required by R.S. 22:1295.

D.(1) The obligation to maintain the insurance coverage required by this Section may be satisfied by a policy of insurance procured by:

(a) A transportation network company driver.

(b) A transportation network company.

(c) A combination of Subparagraphs (a) and (b) of this Paragraph.

(2) A transportation network company may satisfy its obligations under this Section through a policy of insurance obtained by a participating driver pursuant to Subparagraph (1)(a) or (1)(c) of this Subsection only if the transportation network company verifies that the policy is maintained by the driver and is specifically written to cover the driver's use of a vehicle related to a transportation network company's digital network.

E. Coverage under an automobile insurance policy maintained by a transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurer be required to first deny a claim.

F. If insurance maintained by a transportation network company driver to fulfill the insurance requirements of this Section has lapsed or does not provide the coverage required by this Section, the transportation network company shall provide the coverage required by this Section beginning with the first dollar of a claim and shall have the duty to defend such claim.

G. A policy of insurance procured pursuant to this Section:

(1) Shall recognize that the driver is a transportation network company driver or otherwise uses a personal vehicle to transport riders for compensation and covers the driver during the pre-trip acceptance period, a prearranged ride, or both.

(2) May be placed with an authorized insurer or with a surplus lines insurer, pursuant to R.S. 22:432, that has a rating of no less than an A- from A.M. Best, an A from Demotech, Inc., or a similar rating from another rating agency recognized by the Department of Insurance.

(3) Shall be deemed to satisfy the Motor Vehicle Safety Responsibility Law, R.S. 32:851 et seq.

H. The transportation network company shall file proof of its compliance with the insurance requirements of this Section with any parish or municipality that requires or requests such a filing.

Acts 2015, No. 266, §1, eff. Jan. 1, 2016; Acts 2019, No. 286, §1, eff. July 1, 2019.
La. Rev. Stat. § 45:844.81 — LA Code / Code revised-statutes / Title 45 / Section 844.81
Internet access; public airports
Status: in_force

Any public airport may provide free access to broadband internet, as defined by the Federal Communications Commission, solely to patrons at the airport. Such broadband internet shall be procured in accordance with applicable state and local procurement laws and rules.

Acts 2017, No. 322, §1.
La. Rev. Stat. § 45:1256 — LA Code / Code revised-statutes / Title 45 / Section 1256
Security interests
Status: in_force

A. The Uniform Commercial Code--Secured Transactions shall not apply to investment recovery property or any right, title, or interest of a utility or assignee, whether before or after the issuance of the financing order, except to the extent specified in R.S. 45:1257(A). In addition, such right, title, or interest pertaining to a financing order, including, but not limited to the associated investment recovery property including any revenues, collections, claims, rights to payment, payments, money, or proceeds of or arising from investment recovery charges pursuant to such order, shall not be deemed proceeds of any right or interest other than of the financing order and the investment recovery property arising from the financing order. All revenues and collections resulting from investment recovery property shall constitute proceeds only of the investment recovery property arising from the financing order.

B. Except to the extent provided in this Part with respect to filings of financing statements or control of deposit accounts or investment property as original collateral, the creation, attachment, granting, perfection, and priority of security interests in investment recovery property to secure investment recovery bonds shall be governed solely by this Part and not by the Uniform Commercial Code--Secured Transactions.

C.(1) A security interest in investment recovery property shall be valid and enforceable against the electric utility and its successor or an assignee and third parties and attaches to investment recovery property only after all of the following conditions are met:

(a) The issuance of a financing order.

(b) The execution and delivery of a security agreement with a financing party in connection with the issuance of investment recovery bonds.

(c) The receipt of value for the investment recovery bonds.

(2) A security interest attaches to investment recovery property when all of the conditions of Paragraph (1) of this Subsection have been met, unless the security agreement expressly postpones the time of attachment.

D. A security interest in investment recovery property shall be perfected only if it has attached and a financing statement indicating the investment recovery property collateral covered has been filed. A financing statement shall be filed to perfect all security interests and liens in investment recovery property. A security interest in investment recovery property shall be perfected when it has attached and when the applicable financing statement has been filed. The interest of a secured party shall not be perfected unless a financing statement sufficient pursuant to this Part and otherwise in accordance with the Uniform Commercial Code--Secured Transactions is filed, and after perfection, the secured party's interest continues in the investment recovery property and all proceeds of such investment recovery property, whether or not billed, accrued, or collected, and whether or not deposited into a deposit account and however evidenced. A security interest in proceeds of investment recovery property shall be a perfected security interest if the security interest in the investment recovery property was perfected pursuant to this Part. Financing statements required to be filed pursuant to this Section shall be filed, indexed, maintained, and continued in the same manner and in the same system of records maintained for the filing of financing statements pursuant to the Uniform Commercial Code--Secured Transactions. The filing of such a financing statement shall be the only method of perfecting a lien or security interest on investment recovery property. The financing statement shall be filed as if the debtor named therein were located in this state.

E. The priority of the conflicting security interests of secured parties in the same interest or rights in any investment recovery property shall be determined as follows:

(1) Conflicting perfected security interests of secured parties rank according to priority in time of perfection.

(2) A perfected security interest of a secured party shall have priority over a conflicting unperfected security interest of a secured party.

(3) A perfected security interest of a secured party shall have priority over a person who becomes a lien creditor after the perfection of such secured party's security interest.

F. A perfected security interest in investment recovery property and all proceeds of such investment recovery property, whether or not billed, accrued, or collected, and whether or not deposited into a deposit account and however evidenced, shall have priority over a conflicting lien or privilege of any nature in the same collateral property, except a security interest shall be subordinate to the rights of a person that becomes a lien creditor before the perfection of such security interest. A security interest in investment recovery property which qualifies for priority over a conflicting security interest, lien, or privilege also has priority over the conflicting security interest, lien, or privilege in proceeds of the investment recovery property. The relative priority of a perfected security interest of a secured party shall not be adversely affected by any security interest, lien, or privilege in a deposit account of the electric utility that is a collector as described in R.S. 45:1253(C)(9) and into which the revenues are deposited. The priority of a security interest perfected pursuant to this Section shall not be defeated or impaired by any later modification of the financing order or investment recovery property or by the commingling of funds arising from investment recovery property with other funds. Any other security interest that may apply to those funds shall be terminated as to all funds transferred to a segregated account for the benefit of an assignee or a financing party or to an assignee or financing party directly. The perfection by control, the effect of perfection by control, and the priority of a security interest granted by the issuer of and securing investment recovery bonds held by a secured party having control of a segregated deposit account or securities account as original collateral into which revenues, collections, or proceeds of investment recovery property are deposited or credited shall be governed by the Uniform Commercial Code--Secured Transactions, including the choice of law rules in Part III thereof.

G. If a default occurs under the terms of the investment recovery bonds, the secured party may foreclose on or otherwise enforce the security interest in any investment recovery property as if it was a secured party under the Uniform Commercial Code--Secured Transactions. A secured party holding a security interest in investment recovery property shall be entitled to exercise all of the same rights and remedies as are available to a secured party pursuant to the Uniform Commercial Code--Secured Transactions, to the same extent as if those rights and remedies were set forth in this Part. A court of competent jurisdiction may order that amounts arising from investment recovery property be transferred to a separate account of the secured party for the financing parties' benefit, to which their security interest shall apply. On application by or on behalf of a secured party to the district court of the domicile of the commission, the court shall order the sequestration and payment to the financing parties of revenues arising from the investment recovery property.

H. A security interest created under this Part may provide for a security interest in after-acquired collateral. A security interest granted pursuant to this Part shall not be invalid or fraudulent against creditors solely because the grantor or the electric utility as collector or servicer has the right or ability to commingle the collateral or proceeds, or collect, compromise, enforce, and otherwise deal with collateral.

I. Any action arising under the provisions of this Part to enforce a security interest in any investment recovery property, or which otherwise asserts an interest in, or a right in, to, or against any investment recovery property, wherever located or deemed located, or any security interest governed by this Part, shall be brought in the district court of the domicile of the commission. The suits shall be governed by the provisions of the Code of Civil Procedure and other law applicable to executory proceedings, including provisional remedies, but only to the extent such laws are consistent with the language and purposes of this Part. Nothing in this Subsection shall be construed to deny to the Public Service Commission any jurisdiction conferred upon it by law or the Constitution of Louisiana or to the council of the city of New Orleans any jurisdiction conferred upon it by its home rule charter or the Constitution of Louisiana.

Acts 2010, No. 988, §2, eff. July 6, 2010.
La. Rev. Stat. § 45:788 — LA Code / Code revised-statutes / Title 45 / Section 788
Telegrams to show time of filing and of receipt; penalty
Status: in_force

Every person engaged in the business of transmitting communications by telegraph and charging tolls therefor, shall, without extra charge, cause to appear plainly upon the addressee's copy of every telegram originating at and destined for a point within the state, the hour and minute of the day on which it was filed for transmission, and the hour and minute of the day of its receipt at its destination.

Whoever violates the provisions of this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars for each violation.
La. Rev. Stat. § 45:1100 — LA Code / Code revised-statutes / Title 45 / Section 1100
Prescription on actions against carriers for freight overcharge and damage to shipments
Status: in_force

All actions by or against common carriers for the collection or recovery of erroneous freight charges, and all actions for loss of or damage to shipments of freight, shall be prescribed by the lapse of two years, from the date of shipment.
La. Rev. Stat. § 45:844.12 — LA Code / Code revised-statutes / Title 45 / Section 844.12
Definitions
Status: in_force

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

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

(2) "Doing business in this state" means conducting a telephonic solicitation either from a location within this state or from a location outside of this state to residential telephonic subscribers residing in this state.

(3) "Federal Do Not Call Law" shall mean the Telemarketing and Consumer Fraud and Abuse Prevention Act as set forth in 15 U.S.C. 6101 to 6108 and the Telephone Consumer Protection Act of 1991 as set forth in 47 U.S.C. 227, as well as any amendment or reenactment of either of those acts and any rule adopted or issued pursuant to either of those Acts, or any amendment of any such rule.

(4) "National Do Not Call Registry" shall mean the list of consumers maintained by the Federal Trade Commission who have indicated that they do not wish to receive unsolicited or unwanted telephonic solicitations pursuant to the Federal Do Not Call Law.

(5) "Residential telephonic subscriber" means any natural person who has subscribed to residential telephonic service from a telecommunications service provider or any other natural person living or residing with such person.

(6) "Telephonic solicitation" means any voice or data communication made by a telephonic solicitor to a residential telephonic subscriber for the purpose of encouraging a sale or rental of or investment in property, consumer goods, or services; or for the purpose of encouraging an extension of credit for property, consumer goods, or services; or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale or rental of or investment in property, consumer goods, or services or an extension of credit for such purposes; or for the solicitation of a contribution to a charitable organization, but does not include voice or data communications made for any of the following reasons:

(a) In response to an express request of the person called.

(b) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call.

(c) To any person with whom the telephonic solicitor has an existing business relationship, or a prior business relationship that was terminated or lapsed within six months of such call, except as provided in Subparagraph (g) of this Paragraph.

(d) On behalf of an organization which has nonprofit status under Section 501(c)(3) or (6) of the Internal Revenue Code, unless such organization utilizes the services of a paid professional solicitor, as defined in R.S. 51:1901(6).

(e) For the purpose of conducting marketing research, public opinion polling, or similar activities that do not involve telephonic solicitation or selling.

(f) Constituting political activity. For the purposes of this Chapter, communications constituting political activity shall include the following:

(i) Communications made for the sole purpose of urging support for or opposition to a political candidate or ballot issue provided that the callers identify themselves.

(ii) Communications made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas, or votes.

(iii) Communications made by any newspaper or periodical in the state which is qualified to be the official journal of the state or any parish, municipality, school board, or other political subdivision, as provided by Chapters 2 and 4 of Title 43 of the Louisiana Revised Statutes of 1950.

(g) By a person or business that conducts automobile sales and does not complete the sales presentation during the telephone solicitation and is made in contemplation of the sales presentation being completed at a later face-to-face meeting between the telephonic solicitor and the person contacted and where the contacted person has previously made purchases from the automobile dealership.

(h) Without completing or attempting to complete a sale, said sale to be completed only after a face-to-face meeting between the telephonic solicitor and the person called at the telephonic solicitor's primary place of business or at another location selected by the purchaser. The call must be the result of a referral of the person called to the telephonic solicitor or be placed to an individual who is personally known to the telephonic solicitor. If placed as a result of a referral, the telephonic solicitor must provide to the person called the name of the person who made the referral. If the person called does not wish to be called after such initial call, then the telephonic solicitor shall not call that person and shall maintain a list of such persons. This exemption shall not apply if directly following the sale the telephonic solicitor attempts to deliver an item or collect payment from the person called or causes another to do so.

(i) For the purpose of follow-up or periodic wellness care when the call is made to the patient by the patient's optometrist, dentist, or chiropractic physician, or an agent thereof.

(j) For the purpose of follow-up or periodic wellness care when the call is made to the client by the client's veterinarian or an agent thereof.

(k) On behalf of an organization which has nonprofit status under Section 501(c)(5) of the Internal Revenue Code and is composed entirely of public safety personnel, the majority of whom are state residents calling from a location within the state.

(7) "Telephonic solicitor" means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic solicitation, including but not limited to any communication made by use of automated dialing or recorded message devices.

Acts 2001, No. 40, §1, eff. May 24, 2001; Acts 2003, No. 353, §1, eff. June 17, 2003; Acts 2003, No. 912, §1; Acts 2003, No. 988, §1, eff. July 2, 2003; Acts 2004, No. 148, §1; Acts 2004, No. 857, §1, eff. July 12, 2004; Acts 2012, No. 82, §1.
La. Rev. Stat. § 45:1190 — LA Code / Code revised-statutes / Title 45 / Section 1190
Appearance before Interstate Commerce Commission
Status: in_force

The commission through any of its commissioners, or its secretary, or by a duly authorized attorney, shall appear before the Interstate Commerce Commission at Washington, D.C., or at any other place where the Interstate Commerce Commission might be holding a session, whenever, in the judgment of the Louisiana Public Service Commission the interests of shippers or consignees in Louisiana may require it.
La. Rev. Stat. § 45:1097.2 — LA Code / Code revised-statutes / Title 45 / Section 1097.2
Motor carriers defined; exceptions
Status: in_force

The provisions of R.S. 45:1097.1-1097.5 shall be construed to apply to any common carrier by motor vehicle as defined in R.S. 45:162(5), any contract carrier by motor vehicle as defined in R.S. 45:162(6), and motor carriers as defined in R.S. 45:162(10), all of which terms are sometimes hereinafter referred to as motor carrier or motor carriers, except to the extent that any of said definitions apply to the transportation of persons or passengers for hire.

Acts 1972, No. 70, §1; Acts 1995, No. 301, §2, eff. June 15, 1995.
La. Rev. Stat. § 45:832 — LA Code / Code revised-statutes / Title 45 / Section 832
Refund, credit, or replacement
Status: in_force

A. A purchaser of any item pursuant to a solicitation made by a telephonic seller or salesperson shall be given a refund, a credit, or replacement of any item purchased, at his option, under either of the following conditions:

(1) An item is defective, not as represented by the solicitation or contract, or is not received as promised.

(2) The purchaser returns any item purchased or makes a written request for refund, credit, or replacement within seven days of receiving the item from the telephonic seller. Such a return shall be timely if shipment of the item is made within such seven days or if such request is postmarked, properly addressed, and mailed, postage prepaid, within such seven days.

B. If a purchaser returns only a portion of items received, the refund, credit, or replacement required by this Section may be prorated by the telephonic seller accordingly.

C. A telephonic seller who makes a sale shall guarantee refund, credit, or replacement to the purchaser as required by this Section.

Acts 1995, No. 679, §1.
La. Rev. Stat. § 45:1452 — LA Code / Code revised-statutes / Title 45 / Section 1452
Conditional privilege from compulsory disclosure of informant or source
Status: in_force

Except as hereinafter provided, no reporter shall be compelled to disclose in any administrative, judicial or legislative proceedings or anywhere else the identity of any informant or any source of information obtained by him from another person while acting as a reporter.

Acts 1964, No. 211, §2.
La. Rev. Stat. § 45:1179 — LA Code / Code revised-statutes / Title 45 / Section 1179
Inspection and supervision fee; collection; computation
Status: in_force

The collector of revenue shall supervise and enforce the collection of the inspection and supervision fee under the provisions of R.S. 45:1177 and 45:1178 and in assessing the annual fee, the sworn annual statements filed with the commission shall be used to ascertain the amount of the gross revenues upon which the fee is to be computed.
La. Rev. Stat. § 45:180.2 — LA Code / Code revised-statutes / Title 45 / Section 180.2
Classification of wreckers; license exemptions
Status: in_force

Wreckers shall be classified as emergency carriers and shall be exempted from the provisions of R.S. 45:178 and R.S. 45:179.

Added by Acts 1974, No. 462, §1.
La. Rev. Stat. § 45:1097 — LA Code / Code revised-statutes / Title 45 / Section 1097
Freight loss or damage; time for adjustment; amount of liability
Status: in_force

Every claim for loss of or damage to property or freight while in the possession of any common carrier doing business in Louisiana shall be adjusted and paid within thirty days in case of shipments wholly within Louisiana and within sixty days in case of shipments from without the state after the filing of such claim with the agent of the common carrier at the point of destination of the shipment. No such claim shall be filed until after the arrival of the shipment or some part of it at the point of destination or until after the lapse of a reasonable time for arrival. In every case the common carrier is liable for the amount of the loss or damage plus legal interest from the date of the filing of the claim and until the payment.
La. Rev. Stat. § 45:844.2 — LA Code / Code revised-statutes / Title 45 / Section 844.2
Identification codes; prohibited acts
Status: in_force

A.(1) The commission shall promulgate rules and regulations to ensure that any telephone solicitor who contacts any residential or mobile telephone subscriber for the purpose of making a telephone solicitation shall possess an identification code that will appear on a caller identification unit. The identification code will correctly identify the name of the telephone solicitor and a phone number where the solicitor can be reached during normal business hours.

(2)(a) In the event the telephone solicitor originates calls from a private branch exchange (PBX), as defined by the commission, and such PBX does not pass the identifying telephone number to the telecommunications service provider, as defined by the commission, the telecommunications service provider delivering the call will be required to transmit a PBX trunk number which would identify the telephone solicitor. The telecommunications service provider will be exempt from this requirement only in the event such telephone trunk number delivery is not technically feasible via a signaling system seven (SS7), as defined by the commission, or other comparable network capable of transmitting calling party number information.

(b) Any telecommunications service provider that cannot currently deliver calling party number identification must file with the commission upon commission request a detailed explanation of why its network is not capable of providing such information.

B. The commission shall promulgate rules and regulations to ensure that no telephone solicitor may use any device which blocks a caller identification unit or otherwise conceals or misrepresents the identity of the telephone solicitor or the phone number where the solicitor can be reached during normal business hours.

C. A telephone solicitor who makes telephone calls on behalf of an organization which has nonprofit status under Section 501(c)(3) of the Internal Revenue Code, and who makes such calls from a location other than the principal place of business of such organization, shall comply with all the provisions of this Chapter, except that the identification code used by such solicitor need not correctly identify the name of the organization and a phone number where the organization can be reached during normal business hours.

Acts 1999, No. 518, §1.
La. Rev. Stat. § 45:716 — LA Code / Code revised-statutes / Title 45 / Section 716
Maximum working hours during 24 hour period; exceptions; penalty
Status: in_force

No officer or agent of any street railroad company shall exact from any of its employees more than ten hours' labor in the twenty four, constituting a day and embraced within twelve consecutive hours, except that in cases of accident, unavoidable delay, or emergency extra labor may be permitted for extra compensation, with the consent of the employee.

Any officer or agent of any of the railroads violating this section shall be fined not more than fifty dollars, or imprisoned for not more than two months, or both.
La. Rev. Stat. § 45:1164.8 — LA Code / Code revised-statutes / Title 45 / Section 1164.8
Conduct of election; voting machines or ballot boxes
Status: in_force

The election shall be by secret ballot and shall be conducted as nearly as possible in accordance with the general election laws of the state. Where not otherwise provided by this Chapter, or by any other law, the authority calling the election shall provide in the call for the manner in which the election shall be conducted and the result thereof promulgated.

Voting machines may be used. If machines are used, the proposition stipulated in R.S. 45:1164.7 to be printed on the ballot shall be shown on the ballot placed in the machine. Otherwise, ordinary ballot boxes shall be used and suitable ballots printed for use in the election.

Added by Acts 1975, No. 328, §2.
La. Rev. Stat. § 45:843 — LA Code / Code revised-statutes / Title 45 / Section 843
Records required
Status: in_force

A.(1) Each telephone company doing business within this state shall, upon request, and subject to the rates, terms, and conditions approved by the Louisiana Public Service Commission, provide a record of all listed and unlisted telephone numbers within a parish where 911/E911 service exists to the parish office of emergency preparedness providing emergency alert services or, upon proof of certification by the Governor's Office of Homeland Security and Emergency Preparedness 1 , to its emergency alert provider. Such record shall be provided on computer disc or by other electronic means. Each telephone number shall be identified by address, including street name, street address, and city.

(2) Each telephone company shall provide its 911/E911 database snapshot record of telephone numbers provided pursuant to Paragraph (1) of this Subsection upon request of the parish office of homeland security and emergency preparedness or its certified emergency alert provider, and subject to the terms, rates, and conditions approved by the Louisiana Public Service Commission. Such requests shall not exceed four requests per year.

(3) A telephone company, including its officers and employees, shall be immune from all civil or criminal liability for any damage or injury due to its performance or nonperformance of any obligation imposed on the telephone company under this Section, except where the damage or injury is a result of the willful misconduct or gross negligence of the telephone company or its officers or employees acting within the course and scope of their employment.

B. The Louisiana Public Service Commission is authorized to promulgate rules and regulations further specifying the procedures for provision of the records required by this Section.

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. § 45:265 — LA Code / Code revised-statutes / Title 45 / Section 265
Violation of law by carrier's owners, officers, etc.
Status: in_force

No owner, officer, agent or employee of a common carrier shall wilfully violate any of the provisions of this Chapter forbidding discrimination on the part of such carriers. Each violation of such provisions shall be deemed a separate offense.

Whoever violates this Section shall be fined not less than fifty dollars, nor more than one thousand dollars, or imprisoned for not less than ten days, nor more than six months.

The venue for all prosecutions for violation of this Chapter shall be in the district court of the parish in which the offense is committed.