reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.46. Severability

RS 45:844.46 - Severability
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.47. Limitations on providing cable television and telecommunications and advanced services

RS 45:844.47 - Limitations on providing cable television and telecommunications and advanced services
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.48. Requirements prior to local governmental entity providing cable television or telecommunications or advanced services

RS 45:844.48 - Requirements prior to local governmental entity providing cable television or telecommunications or advanced services
Prior to a local government engaging or offering to engage in an activity described in this Chapter, the local governing authority shall:
(1) Hold a preliminary public hearing.
(2) If the local governing authority elects to proceed after holding the preliminary public hearing required by this Section, approve the hiring of a feasibility consultant to conduct a feasibility study in accordance with R.S. 45:844.49.
(3) Determine when under the feasibility study conducted under R.S. 45:844.49, the annual revenues under R.S. 45:844.49(2)(d) exceed the annual costs under R.S. 45:844.49(2)(d) by at least the amount necessary to meet the bond obligations of any bonds issued to fund the proposed covered service.
(4) If the conditions of Paragraph (3) of this Section are met, hold the public hearings required by R.S. 45:844.49.
(5) After holding the public hearings required by R.S. 45:844.49, if the local governing authority elects to proceed, adopt by resolution the feasibility study.
Acts 2004, No. 736, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.51. Enterprise funds for cable television or telecommunications or advanced services

RS 45:844.51 - Enterprise funds for cable television or telecommunications or advanced services
A. A local government that provides one or more covered services under this Chapter:
(1) Shall establish a single enterprise fund entitled the "communications services enterprise fund" to account for the local government's operations of covered services.
(2) Shall adopt operating and capital budgets for the local government's covered services.
(3) Except as provided in R.S. 45:844.52(C)(2), or subject to rules established under R.S. 45:844.55(D), may not transfer any appropriation or other balance in any other enterprise fund established by the local government to any enterprise fund established by the local government under this Section.
B. The restrictions on transfers described in Paragraph (A)(3) do not apply to transfers made by a local government between other enterprise funds established by the local government.
Acts 2004, No. 736, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.52. Bonding authority

RS 45:844.52 - Bonding authority
A. The local governing authority may by resolution determine to issue one or more bonds to finance the capital costs for facilities necessary to provide to subscribers one or more covered services.
B. The resolution shall:
(1) Describe the purpose for which the indebtedness is to be created.
(2) Specify the dollar amount of the one or more bonds proposed to be issued.
C.(1) A bond issued under this Section shall be secured and paid for solely from the revenues generated by the local government from providing the covered services.
(2) A local government may not pay the origination, financing, or other carrying costs associated with the one or more bonds issued under this Section from the general funds or other enterprise funds of the local government. Nothing in this Section shall preclude a local government from using the general funds or other enterprise funds to advance funds for the feasibility study prescribed under R.S. 45:844.49 or for start-up costs for the proposed venture, provided that any such funds advanced are repaid by the enterprise fund established under R.S. 45:844.51 at interest rates and on terms and conditions available to private enterprises in the open market.
(3) Nothing in this Chapter shall preclude a local government that owns and operates electric, water, gas, sewer and other utilities from pledging the resources of such utilities to obtain the best available interest rates, terms and conditions for the bonds necessary to finance the facilities used to provide the proposed covered services.
(4) Nothing under this Section provides a local governing authority bonding authority in addition to that provided under existing state law.
Acts 2004, No. 736, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.54. Eminent domain

RS 45:844.54 - Eminent domain
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.56. Impact of local government providing covered service, cable television or telecommunications or advanced services

RS 45:844.56 - Impact of local government providing covered service, cable television or telecommunications or advanced services
A. When local government provides a covered service pursuant to the provisions of this Chapter, any obligation of any other person to provide such service pursuant to any ordinance, contract, franchise or other means to provide institutional networks; public, educational and governmental access requirements; system rebuild requirements; monetary contribution or any other similar obligation shall be suspended.
B. The suspension required under this Section shall commence on the date the local government announces that the particular covered service or services is operational and available to any citizen within its jurisdictional boundaries.
C. The suspension required under this Section shall remain in full force and effect until such time as the monetary amount of the like obligations provided by the local government equals the monetary amount provided by the private operators for the previous ten years.
D. The suspension of obligations of other persons established by Subsections A, B, and C of this Section shall not apply to any obligation of such other person with a local governing authority that has held an election pursuant to R.S. 45:844.50(A).
Acts 2005, No. 406, §1, eff. July 11, 2005.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.74. Legislative findings

RS 45:844.74 - Legislative findings
A. The legislature finds that Wi-Fi is a technology that enables low-power electronic devices, such as laptop computers, tablets, video game consoles, and smartphones, to connect to the Internet and to each other through wireless network access points. Such "access points" include a Wi-Fi router and also mobile devices that can serve as a wireless access point, known as a "hotspot".
B. The legislature concurs with statements from the Federal Communications Commission (FCC) that the "Internet is a vital platform for economic growth, innovation, competition, and free expression. Wi-Fi is an essential access ramp to that platform. Wi-Fi networks have proliferated in places accessible to the public, such as restaurants, coffee shops, malls, train stations, hotels, airports, convention centers, and parks. Consumers also can establish their own Wi-Fi networks by using FCC-authorized mobile hotspots and their wireless data plans to connect Wi-Fi enabled devices to the Internet. The growing use of technologies that unlawfully block consumers from creating their own Wi-Fi networks via their personal hotspots unjustifiably prevents consumers from enjoying services they have paid for and stymies the convenience and innovation associated with Wi-Fi Internet access."
C. The legislature finds that consumers who purchase cellular data plans should be able to use them without fear that their personal Internet connection will be unlawfully blocked by others, including blocking at locations such as conference centers, hotels, and trade shows.
D. The legislature further finds that for these reasons it is an appropriate exercise of the police power of the state to take action to prevent such unlawful activity.
Acts 2016, No. 532, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.75. Prohibited hotspot blocking

RS 45:844.75 - Prohibited hotspot blocking
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:844.81. Internet access; public airports

RS 45:844.81 - Internet access; public airports
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:845. Meters; furnishing

RS 45:845 - Meters; furnishing
Every person engaged in the business of furnishing natural or artificial gas for heating, illuminating or other purposes, electricity for illuminating or for power or other purposes, water for domestic use or power or other purposes, and paid for by patrons by meter measure, shall furnish to every patron a meter properly tested and in good order, and shall arrange the meter so that the patron can, at any time, see the meter dial and ascertain how much gas, electricity or water is being consumed, and the amount for which he is liable.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:846. Charges governed by meters; estimated bills

RS 45:846 - Charges governed by meters; estimated bills
No person engaged in furnishing gas, water or electricity to consumers, to be paid for by meter measure, shall charge or receive, from any patron or consumer, payment for more gas, electricity or water than the meter indicates has been used by the consumer at the time for which payment is made and received; provided, however, that estimated bills may be rendered to and payment thereof collected from consumers for such periods and on such basis as may be approved or prescribed by the Louisiana Public Service Commission or other regulatory authority having jurisdiction over the person furnishing such service. The minimum charge contracted for with the municipalities shall not be affected.
Amended by Acts 1962, No. 29, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:848. Deposits by consumers; interest; return

RS 45:848 - Deposits by consumers; interest; return
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:849. Meters; inspection

RS 45:849 - Meters; inspection
The several municipalities of this state may appoint inspectors to carry out the intent and purposes of R.S. 45:845 through 45:848 and pass ordinances providing for the inspection of gas, water, electric light and power meters, and fixing the expense of these inspections.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:850. Meters and deposits; law inapplicable to public-owned utilities

RS 45:850 - Meters and deposits; law inapplicable to public-owned utilities
Nothing in R.S. 45:845 through 45:849 applies to water, gas or electric power plants owned by any municipality or political subdivision of Louisiana.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:852. Bonds of employees; utility not to designate surety; penalty

RS 45:852 - Bonds of employees; utility not to designate surety; penalty
No public utilities corporation, or its officers or managers requiring any employee to post bond for his fidelity and honesty, shall require the employee to make such bond by giving as surety any specific bonding company designated or named by such corporations, its officers or managers. Any bonding company authorized to do business under the laws of Louisiana that may be selected by the employee shall be accepted as surety on such bond when such bonding company is offered as surety.
When satisfactory to the employers, bond may be made in such cases by the employee giving private surety.
This Section shall not apply to bonds whereon the premium is paid by the employer and is not charged to the employee in any manner.
Whoever violates this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:853. Proper notice and explanation of franchise fees

RS 45:853 - Proper notice and explanation of franchise fees
Notwithstanding any law, rule, regulation, or order to the contrary, on or after January 1, 2013, the Louisiana Public Service Commission may require that whenever a political subdivision imposes a franchise fee upon a public utility which the utility collects or recovers from the utility's consumers, the utility's monthly billing statement shall specifically and clearly include a separate line item for the applicable franchise fee, with the name of the political subdivision imposing the fee, the total amount or rate of the franchise fee, and the total amount of the billing attributable to the fee.
Acts 2012, No. 766, §2, eff. June 12, 2012.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:856. Special counsel for state in rate and transportation cases

RS 45:856 - Special counsel for state in rate and transportation cases
The attorney general may employ special counsel versed in handling traffic matters, and other experts as may be necessary, to prosecute and defend before the Interstate Commerce Commission and other federal commissions, and both state and federal courts, rate and transportation cases, and to defend before these courts other cases involving rates of various utilities subject to the jurisdiction of the Louisiana Public Service Commission in which the state and its people have an interest.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:857. Bills of lading not to be issued unless goods or warehouse receipt therefor actually delivered

RS 45:857 - Bills of lading not to be issued unless goods or warehouse receipt therefor actually delivered
No master, owner or agent of any boat or vessel of any description, forwarder, officer or agent of any railroad, transfer or transportation company or other carrier, shall sign or give any bill of lading, receipt or other voucher or document for any merchandise or property, by which it appears that the merchandise or property has been shipped on board of any boat, vessel, railroad car, or other vehicle, unless the merchandise or property is actually shipped and put on board or delivered to the boat, vessel, car or other vehicle, to be carried or conveyed as expressed in the bill of lading, receipt or voucher or document, or unless the merchandise or property is actually deposited in a warehouse operated under the direction and supervision of any agency or board of the state. In the latter case, a warehouse receipt issued in the form required by Title 54, Chapter 1 shall be issued by the board or agency under whose direction and supervision the warehouse is operated, and the receipt delivered to the master, owner or agent of the boat or vessel, or to the officer or agent of the railroad, transfer or transportation company, or other persons signing the bill of lading or other voucher before the bill of lading or voucher is issued or delivered.
The provisions and penalties of R.S. 45:923 and 45:944 shall not apply to bills of lading issued under the provisions of this Section.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:858. Transportation of goods, products, and commodities

RS 45:858 - Transportation of goods, products, and commodities
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:859. Public purpose; restoration and rebuilding of certain utilities

RS 45:859 - Public purpose; restoration and rebuilding of certain utilities
The provision of electricity and natural gas is a crucial element in the continued prosperity of Louisiana's citizens and businesses. The swift restoration of electric and gas utilities following natural disasters such as tropical storms, hurricanes, and floods can minimize the devastating effects of such disasters. Therefore, the restoration and rebuilding of electric and gas utilities as a result of a natural disaster is hereby recognized to be a valid public purpose in the best interests of the citizens and businesses of the state.
Acts 2005, 1st Ex. Sess., No. 1, §1, eff. Nov. 18, 2005.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:901. §§901 to 955 Repealed by Acts 1978, No. 164, §5, eff. Jan. 1, 1979

RS 45:901 - §§901 to 955 Repealed by Acts 1978, No. 164, §5, eff. Jan. 1, 1979
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1091. Disclosure or solicitation of information as to shipments; penalty

RS 45:1091 - Disclosure or solicitation of information as to shipments; penalty
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1092. Disclosure or solicitation as to shipments; exceptions

RS 45:1092 - Disclosure or solicitation as to shipments; exceptions
Nothing in R.S. 45:1091 shall prevent the giving of such information in response to any legal process issued under the authority of any court of this state, or to any officer or agent of the Government of the United States, or of the state, in the exercise of his powers, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crime; or for furnishing manifests to the duly organized exchanges or boards of trade of any city for posting in such exchanges or boards of trade.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1093. Joint rates; freight

RS 45:1093 - Joint rates; freight
The Louisiana Public Service Commission shall require all railroads, and other common carriers doing business in Louisiana, upon the demand of any person to adopt, make, and change, reasonable and just joint through rates and charges for the transportation of freight between points within this state, whether those shipments are made entirely by railroads or by water transportation, or partly by railroads and partly by water, or whether, when made by railroads alone, such freight is forwarded in carload shipments or less.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1094. Joint rates; express matter and messages

RS 45:1094 - Joint rates; express matter and messages
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1095. Joint rates; commission's duty

RS 45:1095 - Joint rates; commission's duty
If the railroads, and other common carriers, express, telegraph and telephone companies referred to in R.S. 45:1093 through 45:1096 fail to establish reasonable joint through rates and charges for transportation of freight and express matter, and the transmission of communications by telegraph and telephone, the Louisiana Public Service Commission shall, upon the application of any person, adopt such reasonable and just rates and charges for the transportation of freight carried over the lines of two or more connecting railroads or other connecting common carriers, or for the transportation, over the lines of two or more connecting express companies, or the transmission of communications over two or more connecting telephone or telegraph lines in Louisiana; and all such rates and charges thus adopted by the commission shall go into effect within thirty days after publication in the official journal of the commission, and written or telegraph notice given to such companies.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1096. Joint rates; division of proceeds

RS 45:1096 - Joint rates; division of proceeds
Before the promulgation of rates and charges thus adopted by the Louisiana Public Service Commission, the commission shall notify the railroads and other common carriers, express, telegraph and telephone companies interested, of the proposed schedule of joint through rates to be promulgated by the commission, and shall allow them thirty days thereafter to agree upon a division of the charges provided for in such schedule. If the companies fail to agree upon a division, and notify the commission thereof, it shall, after a hearing of the companies interested, decide the matter and determine how the division should be made.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1097. Freight loss or damage; time for adjustment; amount of liability

RS 45:1097 - Freight loss or damage; time for adjustment; amount of liability
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1097.1. Freight loss or damage; time for settlement

RS 45:1097.1 - Freight loss or damage; time for settlement
Motor carriers shall settle, either by payment or by denial of liability, any written notice or claim for damages to goods resulting from transporting property for compensation or hire within sixty days after the filing of written notice or claim.
Acts 1972, No. 70, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1097.2. Motor carriers defined; exceptions

RS 45:1097.2 - Motor carriers defined; exceptions
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1097.3. Freight loss or damages; computing value; settlement

RS 45:1097.3 - Freight loss or damages; computing value; settlement
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1097.4. Freight loss or damage; attorneys' fees and court costs

RS 45:1097.4 - Freight loss or damage; attorneys' fees and court costs
A party receiving a judgment for damages under R.S. 45:1097.1-45:1097.5 shall, in addition to damages assessed under R.S. 45:1097.3, receive a reasonable award for attorneys' fees and court costs.
Acts 1972, No. 70, §4.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1097.5. Freight loss or damage; awards cumulative

RS 45:1097.5 - Freight loss or damage; awards cumulative
Awards under R.S. 45:1097.1-45:1097.5 shall be made to a claimant receiving a judgment against a motor carrier for damages to goods under a contract for transporting property for compensation or hire and shall be cumulative of all other claims for damages.
Acts 1972, No. 70, §5.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1098. Freight loss or damage; damages for failure to adjust and pay

RS 45:1098 - Freight loss or damage; damages for failure to adjust and pay
If the common carrier fails to adjust and pay the claim within the periods respectively prescribed in R.S. 45:1097, such failure shall subject the common carrier to a penalty of fifty dollars for each failure to be recovered by any consignee aggrieved.
Unless the consignee recovers in his action the full amount claimed, no penalty shall be recovered, but only the actual amount of loss or damage with legal interest as set forth in R.S. 45:1097.
No common carrier shall be liable under this Section or under R.S. 45:1097 for freight or property which never came into its possession.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1099. Freight loss or damage; suits; venue

RS 45:1099 - Freight loss or damage; suits; venue
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1100. Prescription on actions against carriers for freight overcharge and damage to shipments

RS 45:1100 - Prescription on actions against carriers for freight overcharge and damage to shipments
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1101. Unclaimed freight; sale

RS 45:1101 - Unclaimed freight; sale
When any person exercising the right of transportation for hire in Louisiana, shall transport property to the place designated for its delivery, and the property cannot be delivered or has not been called for within sixty days after the arrival of the property at the place of delivery, the carrier may sell the property for cash, at public auction, at such town and street address as may be designated by the carrier, after having duly notified the consignee and consignor by registered mail, and advertised the time, place and terms of such sale for ten days, in the manner required for judicial advertisements for the sale of movables. A separate advertisement of each article to be sold is not required and one general advertisement is sufficient.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1102. Unclaimed freight; special procedure if perishable

RS 45:1102 - Unclaimed freight; special procedure if perishable
If the freight is perishable, whenever it cannot be delivered according to the terms upon which the carrier has agreed to carry it, the carrier may sell it for cash at public auction by a duly licensed auctioneer, after such advertisement as circumstances permit, and after appraisal by two experts to be appointed and sworn by the auctioneer.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1103. Unclaimed freight; proceeds of sale

RS 45:1103 - Unclaimed freight; proceeds of sale
The aggregate proceeds of the sale of unclaimed freight under such advertisement shall be applied first to the payment of charges and expenses and the residue, if any, shall be retained by the carrier for the period of six months from the date of sale, and if during this period, the consignees or owners of any of the property sold present themselves, they may receive the residue. If the residue remains unclaimed after the expiration of six months, it shall be paid into the treasury of the state to the credit of the general school fund and the carrier shall be released from all liability on account of the property sold.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1131. Subdivisions and districts authorized to own utilities and issue bonds

RS 45:1131 - Subdivisions and districts authorized to own utilities and issue bonds
Any political subdivision or taxing district authorized to issue bonds by Article XIV, Section 14 of the Constitution excluding municipal corporations, may construct, acquire, extend or improve any revenue producing public utility, and obtain funds for such purposes and may issue negotiable revenue bonds secured exclusively as to the payment of principal and interest by conventional mortgage on the lands, buildings, machinery and equipment and by pledge of the income and revenue of said public utility sufficient in amount to pay the principal of and the interest on said bonds as they severally mature. Any project or undertaking owned and operated by such political subdivision, or taxing district, and from the conduct and operation of which revenue is or will be derived, shall be considered a revenue producing public utility within the meaning of this Part. The governing body of the political subdivision for the purposes of this Part shall be the body empowered to authorize and issue other bonds of the subdivision under the provisions of Article XIV, Section 14 of the Constitution and Title 39, Sub-title II, Chapter 4.
The term "political subdivision" as used in this Part shall include all such political subdivisions or taxing districts.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1132. Bonds; by whom authorized

RS 45:1132 - Bonds; by whom authorized
Bonds issued under this Part shall be authorized by resolution of the governing body and shall be payable solely from the income and revenues to be derived from the operation of the utility as hereinafter provided. These bonds shall not constitute an indebtedness or pledge of the general credit of the political subdivision within the meaning of any constitutional or statutory limitation of indebtedness and shall contain a recital to that effect.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1134. Denomination, interest and maturity of bond

RS 45:1134 - Denomination, interest and maturity of bond
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.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1135. Signature on bond

RS 45:1135 - Signature on bond
The bonds shall be signed by the presiding officer and the secretary or clerk of the governing body under the official seal of the governing body, in such manner as may be provided in the resolution authorizing their issuance. Interest coupons to be attached thereto may be executed with the facsimile signatures of those officers, and in the event that any officer whose signature appears on the bonds or coupons shall cease to be such before the delivery of the bonds to the purchaser, those signatures shall nevertheless be valid and sufficient for all purposes.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1137. Bonds; mortgage and pledge

RS 45:1137 - Bonds; mortgage and pledge
Any bonds issued under this Part shall be payable from and secured by pledge of the revenues derived from the operation of the utility constructed, acquired, extended or improved with the proceeds thereof, sufficient in amount at all times to meet the required debt service subject only to the prior payment of the reasonable and necessary expenses of operating and maintaining such utility.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1138. Foreclosure

RS 45:1138 - Foreclosure
The utility shall remain subject to the mortgage and pledge provided by this Part until the payment in full of the principal of and the interest on the bonds secured thereby, and the mortgage and pledge may be foreclosed by seizure and sale of the encumbered property in the manner provided by law for the foreclosure of conventional mortgages, including the right to executory process.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1139. Rights of holder of bond

RS 45:1139 - Rights of holder of bond
Any holder of the bonds or of any of the attached coupons may by suit, action, mandamus or other proceedings, protect and enforce the security provided for in this Part and may by suit, action, mandamus or other proceedings enforce and compel performance of all duties required to be performed by the governing body and officials of the political subdivision by the provisions of this Part and the proceedings authorizing the issuance of such bonds.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1140. Title of purchaser

RS 45:1140 - Title of purchaser
When any sale of the mortgaged property shall be held under the provisions of R.S. 45:1137 through 45:1141, the purchaser at the sale, and his successor or assign, shall be vested with an exclusive permit and franchise to maintain and operate the property purchased, and to continue to supply to the public the commodities, products or services previously supplied by the utility, with the same powers and privileges previously enjoyed by the political subdivision in the operation of said utility. This franchise shall continue for such period not exceeding forty years from the date of sale as may be fixed by the governing body in the resolution authorizing the bonds, and shall be subject to all statutory limitations pertaining to the granting of municipal franchises.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1141. Priority among series

RS 45:1141 - Priority among series
If more than one series of bonds are issued payable from the revenues of any utility, priority of the mortgage of such utility and pledge of the revenues thereof shall depend on the time of the delivery of the bonds, each series rights priming series of bonds subsequently delivered. However, as to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the governing body may in the proceedings authorizing the issuance of the bonds provide that all of the bonds of such series or issue shall run concurrently regardless of the time of delivery.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1143. Bonds; sinking fund; covenants

RS 45:1143 - Bonds; sinking fund; covenants
Any resolution authorizing the issuance of bonds under this Part shall provide for the creation of a sinking fund into which shall be paid from the pledged revenues of the utility, subject only to prior payment of the reasonable and necessary expenses of operating and maintaining the utility, sums sufficient to pay principal of and interest on such bonds, and to create such reserve for contingencies as may be provided in such resolution. The moneys in the sinking fund may be applied to the payment of interest on and principal of the bonds or to the purchase or retirement of the bonds prior to maturity in such manner as may be provided in the resolution.
The resolution authorizing the issuance of bonds may contain such covenants with the future holder of the bonds as to the management and operation of the utility, the imposition and collection of fees and charges for the products, commodities or services furnished thereby, the disposition of fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the utility and the revenues thereof, the carrying of insurance on the properties constituting such utility, the disposition of the proceeds of the insurance, and other pertinent matters, as may be deemed necessary by the governing body to assure the marketability of the bonds, provided these covenants are not inconsistent with the provisions of this Part.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1144. Bonds; fees and charges, amounts and rates

RS 45:1144 - Bonds; fees and charges, amounts and rates
When any such political subdivision has issued bonds and pledged the revenues of any utility in whole or in part for the payment thereof, it shall impose and collect fees and charges for the products, commodities and services furnished by such utility, including those furnished to the subdivision itself and its various agencies and departments, in amounts and at rates as shall be sufficient at all times to pay the expenses of operating and maintaining the utility; provide a sinking fund sufficient to assure the prompt payment of principal of and interest on the bonds as each falls due; provide such reasonable fund for contingencies as may be required by the resolution authorizing the bonds and provide an adequate depreciation fund for those repairs, extensions and improvements to the utility as may be necessary to assure adequate and efficient service to the public. No board or commission other than the governing body of the political subdivision shall have authority to fix or supervise the making of such fees and charges.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1145. Bonds payable from two or more utilities; power to issue

RS 45:1145 - Bonds payable from two or more utilities; power to issue
The governing body of the political subdivision may in its discretion authorize bonds payable from the revenues to be derived from two or more utilities owned and operated by the subdivision, and bonds may be so issued for the purpose of constructing, acquiring, extending or improving any one or more of those utilities. Any bonds so issued shall be secured in the manner provided in this Part on the property of all of such utilities in the same manner as provided in those instances where bonds are issued payable from the revenues of one utility only.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1146. Bonds; submission to voters

RS 45:1146 - Bonds; submission to voters
The resolution of the governing body, proposing the issuance of revenue bonds in pursuance to the provisions of this Part shall provide that the question of issuing the revenue bonds shall be submitted first to the voters of the subdivision in an election which shall be called and held for such purpose; and in all matters pertaining to the election, including the qualifications of the voters and the manner of calling and conducting such elections and canvassing and promulgating the results thereof, the provisions of Title 39, Sub-title II, Chapter 4 shall govern.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1147. Bonds; refunding

RS 45:1147 - Bonds; refunding
The governing body of any political subdivision which has issued bonds under this Part may thereafter authorize the issuance of bonds for the purpose of refunding the outstanding bonds. The refunding bonds may either be sold and the proceeds applied to the retirement of the outstanding bonds, or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects in the same manner as original bonds, and although they may differ as to maturity, interest rate and other details, shall have the same security and enjoy the same sources of payment and rank of privilege as enjoyed by the bonds refunded.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1148. Bonds; notice; contest

RS 45:1148 - Bonds; notice; contest
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.