reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4406. Restriction on new construction; public convenience and necessity as ground for franchise or permit

RS 33:4406 - Restriction on new construction; public convenience and necessity as ground for franchise or permit
No public utility shall begin the construction of any new plant, equipment, property, or facility, which is not in substitution of an existing plan, property, equipment, or facility, nor shall it make any extension or addition to any existing plant, property, equipment, or facility which will cost over two per cent of the rate-making value of the property at the time the extension or addition is made, nor shall any indeterminate permit or franchise be granted, unless and until the governing authority of the city certifies that public convenience and necessity require the same. The governing authority of such city shall be the sole and final judge of what the public convenience and necessity require, in every case.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4407. Separate rather than collective disposition of franchise or lease in cities of 50,000

RS 33:4407 - Separate rather than collective disposition of franchise or lease in cities of 50,000
When any municipality of over fifty thousand inhabitants has for sale or lease more than one of the same kind of franchise lease or privilege pertaining to the comfort or convenience of its residents, it shall sell, lease, or grant each franchise or lease separately and not collectively.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4431. Modification of franchise in cities of 70,000 to 250,000; filing and publication of ordinance

RS 33:4431 - Modification of franchise in cities of 70,000 to 250,000; filing and publication of ordinance
Municipalities having a population in excess of seventy thousand and less than two hundred and fifty thousand inhabitants may grant franchises for the rerouting or re-alignment or change of type of service by any public service utility, or extension thereof, occupying or using the streets, highways, bridges or public places of the city, under authority of a franchise legally granted. The extension, revision, modification or amendment to the existing franchise and the obligations imposed in connection therewith, may be granted by an ordinance passed in the same manner as all other ordinances without any election, authorization, or approval by the electors of the municipality. Any ordinance, however, granting a franchise for the rerouting or re-alignment or change of type of service of any public service utility, or extension thereof, or the extension, revision, or amendment to the existing franchise and the obligations imposed in connection therewith, shall be complete in the form in which it is finally passed and remain on file with the city secretary for public inspection at least one week before final passage and must be published once in the official journal or other newspaper published in the municipality at least one week before its final passage.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4432. Amendment of franchise provision authorizing assignment to Louisiana corporation

RS 33:4432 - Amendment of franchise provision authorizing assignment to Louisiana corporation
When any municipality has granted, to any person, the right to occupy or use its streets, highways, bridges, or public places for public service utilities under the terms of which it is required that the franchise be transferred and assigned to a Louisiana corporation, the governing authority may, by ordinance, amend the franchise so that the same may be assigned to, owned, and operated by any person, or any corporation (whether organized under the laws of this or any other state in the union) without the submission of the amendment to the electors provided that such persons if non-resident, shall first declare and fix their domicile in Louisiana; and, if a foreign corporation, shall first qualify to do business in this state as prescribed by law.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4434. Rights of transferee

RS 33:4434 - Rights of transferee
The transferee under the transfer so authorized shall have the same rights and privileges and become subject to the same responsibilities as if a separate, assignable franchise embodying the part of the franchise transferred had been granted originally by the municipality and the separate, assignable franchise had been so transferred. The transferor, as a result of the transfer so authorized, shall be deemed thereby to have retained only the rights and privileges, and to have remained charged with only the duties, contained in the part of the franchise owned by the transferor and not so transferred.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4461. Limitation on cable television fees and charges

RS 33:4461 - Limitation on cable television fees and charges
No police jury, municipality, or other local governing authority empowered to grant cable television franchises shall charge any franchise fee of any kind in excess of that authorized by federal law.
Added by Acts 1980, No. 793, §1. Amended by Acts 1988, 2nd Ex. Sess., No. 8, §1, eff. Oct. 27, 1988; Acts 1990, No. 57, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4491. Election required; petition for election

RS 33:4491 - Election required; petition for election
Any town, city, or parish exercising powers of supervision, regulation, and control over any local public utility, desiring to surrender these powers to the Louisiana Public Service Commission may submit the question of surrendering these powers to the qualified electors of the town, city, or parish, either at a general election, or at a special election held therein. The question may be so submitted, either in pursuance of
(1) an ordinance adopted by a majority vote of all of the members of the governing body, declaring that the public interest requires the submission of it, and that it is the intention of the governing body to submit the question to a vote of the qualified electors of the town, city, or parish, or
(2) a petition of ten per cent of the qualified electors of the town, city, or parish. No electors residing outside of the limits of the town or city, where the services of the public utility is rendered, shall be qualified to sign a petition for the submission of the question to surrender or retain the powers of control over the public utility when the utility is confined to the corporate limits of a city or town. The petition shall be filed with the clerk of the governing body, and within ten days from the filing of the petition the clerk shall report to the governing body whether the petition is signed by the requisite number of qualified electors. The ten per cent of the qualified electors whose signatures are required to the petition shall be computed upon the total number of the votes cast in the town, city, or parish for all of the candidates for governor in the last preceding general election, at which a governor was elected. If the certificate of the clerk shows the petition to be insufficient it may be amended by filing a supplemental petition within ten days from the date of the clerk's certificate and, within ten days from the filing of the supplemental petition the clerk shall make a like examination and a like certificate as to the result of his examination using in the second computation all of the names signed to the original and to the supplemental petition. Should the original and supplemental petition not contain the requisite number of signatures, it shall be filed by the clerk as a public record without prejudice to the filing of a new petition.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4492. Ordinance ordering election; publication of ordinance

RS 33:4492 - Ordinance ordering election; publication of ordinance
Upon the adoption of the ordinance, or the presentation of the petition as hereinabove provided, the governing body of the town, city, or parish shall, by ordinance (1) order and fix the date of the holding of a special election for the purpose of submitting the proposition to the qualified electors or (2) order the submission of the proposition at a general municipal or parish election as hereinafter provided.
The special election, if ordered, shall be held not less than twenty days nor more than sixty days after the adoption of the ordinance unless a general parish or municipal election occurs within that period, in which case propositions may be submitted at the general election in the same manner as other propositions are required by law to be submitted at general elections held in the town, city, or parish.
The ordinance providing for the election shall specify the propositions to be submitted, the date of the election, and the other information necessary to inform the voters of the question to be decided. The ordinance shall, prior to the election, be published six times in a daily newspaper printed and published in the town, city, or parish where the election is to be held, or three times in a weekly newspaper where there is no daily newspaper in the town, city or parish.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4493. Form of ballot

RS 33:4493 - Form of ballot
The ballots used at these general or special elections shall be separate and distinct from all other ballots, and shall have printed thereon, in addition to any other matters required by law, the following propositions:
Proposition No. 1. Shall _____ (Name of town, city or parish) surrender its powers of supervision, regulation and control over _____ (Name of the public utility service, such as, street railway, gas, electric light, power, heat, water works, or other local public utility.)
Should the propositions include the separation of the powers of control so as to surrender control only over certain of the public utilities, then each proposition shall be stated separately.
Opposite and to the right of each proposition to be voted upon, the words "Yes" and "No" shall be printed on the ballot on separate lines with voting squares. Any voter desiring to vote in favor of the surrender of the powers of supervision, regulation, and control of the municipality or parish government over the public utility named thereon, shall stamp (X) in the voting square after the printed word "Yes," and any voter desiring to vote against the surrender of such powers shall stamp (X) in the voting square after the printed word "No."
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4494. Canvassing returns; order declaring result of election; powers of control vested in public service commission

RS 33:4494 - Canvassing returns; order declaring result of election; powers of control vested in public service commission
If the proposition has been submitted at a special election then the governing body of a town, city, or parish where the election has been held, shall meet on the first Monday after the election, canvass the returns, and declare the result. Immediately upon the completion of the canvass or upon the completion of the canvass of the returns of any general election at which the proposition has been submitted the governing body shall make an order declaring the result of the election upon the proposition and shall cause the same to be entered upon its minutes, which order shall show the total number of votes cast upon each proposition and the number of votes cast respectively for and against each proposition. If a majority of the votes cast are in favor of the proposition, the Louisiana Public Service Commission shall have the supervision and control of the public utility. Immediately after the entry of the order declaring the result of the election, the clerk of the municipal or parish government shall make copies in duplicate of the order and attach to each copy his certificate over the seal, if any, of the town, city, or parish, and the clerk shall forthwith file one of the certified copies in the office of the Louisiana Public Service Commission and one in the office of the Secretary of State. Immediately upon the filing of such certified copy in the office of the Louisiana Public Service Commission, the powers of control theretofore vested in the town, city, or parish government over any class of public utility which a majority of the qualified electors surrendered in the manner hereinabove provided, shall thereupon vest in the Louisiana Public Service Commission until such time as the municipal or parish government reinvests itself with such powers of supervision, regulation and control.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4495. Election reinvesting municipality or parish with power to supervise utilities

RS 33:4495 - Election reinvesting municipality or parish with power to supervise utilities
Any town, city, or parish which has voted to surrender its powers of supervision, regulation, and control respecting any class of public utilities may reinvest itself with such power by holding an election in the same manner and with all of the same formalities hereinabove provided, and if at the election a majority of the qualified electors voting on any proposition submitted to reinvest the municipality or parish with its powers of supervision, regulation and control the municipality or parish shall be deemed to have reinvested itself with its powers of supervision, regulation and control and such powers shall no longer be exercised by the Louisiana Public Service Commission when the clerk of the municipality or parish files in the office of the Louisiana Public Service Commission and with the Secretary of State a certified copy of the order.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4501. Licensing drivers of public vehicles for hire in cities of 10,000 to 100,000

RS 33:4501 - Licensing drivers of public vehicles for hire in cities of 10,000 to 100,000
All municipal corporations having a population of more than 10,000 inhabitants and less than 100,000 inhabitants, may:
(1) issue licenses to all drivers of public vehicles for hire,
(2) provide that no person shall drive a public vehicle for hire without a license,
(3) provide a standard of qualifications of all such drivers,
(4) provide who shall be licensed as drivers,
(5) revoke licenses for cause, and
(6) provide penalties for the violation of any laws passed under the power hereby delegated.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4502. Consent of municipality required for construction of public works through streets

RS 33:4502 - Consent of municipality required for construction of public works through streets
No railroad, plank road, canal, or works of drainage, sewerage, and land reclamation shall be constructed through the streets of any incorporated city or town, without the consent of the governing body. If the governing body gives such consent to any corporation formed for the purpose of drainage, sewerage, and land reclamation it may, in the interest of public health and cleanliness, pass all ordinances and police regulations necessary to make effective the plan of sewerage and drainage it may adopt, with reference to all houses and lands within the municipal limits.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4503. Authority of municipalities to permit use of streets for maintenance of waterworks systems

RS 33:4503 - Authority of municipalities to permit use of streets for maintenance of waterworks systems
In addition to such powers as it may have relating to the granting of franchises for the operation and maintenance of public utilities, the governing authority of any city in this state shall have power, subject to the provisions of this Section, to grant indeterminate permits for the use of the streets and other public places in connection with the operation and maintenance of a waterworks system, which permit shall continue in force until such time as the city shall purchase or acquire such system under the option hereinafter provided for. No such permit shall be granted except upon the condition that the city granting it shall have perpetual option to purchase the waterworks system, at any time, at the price agreed upon or to be ascertained and determined in a manner agreed upon at the time of the granting of the permit and to be set forth therein. The governing authority of every such city shall have the right to prescribe, stipulate, or agree to, such other conditions of said permits as it may deem proper, and upon any violation of any such condition the city may sue for the enforcement of the terms of the permit.
Acts 1954, No. 454, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4504. Trackless trolleys and motor busses; regulation of rates and services by municipalities of 100,000 or more population

RS 33:4504 - Trackless trolleys and motor busses; regulation of rates and services by municipalities of 100,000 or more population
Municipalities of the state, having a population of one hundred thousand or more, are hereby granted the exclusive jurisdiction, power and authority to supervise, govern, regulate and control, all trackless trolley busses and motor busses, operating under franchises granted by the municipality, and to fix reasonable and just rates and fares for the transportation of passengers or services rendered by such carriers or utilities.
Acts 1956, No. 234, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4505. Scope of power and duties

RS 33:4505 - Scope of power and duties
The power, authority, and duties of the municipality shall affect and include all matters and things connected with, concerning, and growing out of the service to be given or rendered by the public utility operating trackless trolleys and motor busses under a franchise granted by said municipality.
Acts 1956, No. 234, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4506. Rules and regulations; taking of testimony; contempt

RS 33:4506 - Rules and regulations; taking of testimony; contempt
The municipality shall have power to adopt and enforce such reasonable rules, regulations, and modes of procedure as it may deem proper for the discharge of its duties, and it may summon and compel the attendance of witnesses, swear witnesses, compel the production of books and papers, take testimony under commission, and punish for contempt as fully as is provided by law for the district courts.
Acts 1956, No. 234, §3.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4507. Rate orders; injunction

RS 33:4507 - Rate orders; injunction
The orders of the municipality fixing or establishing any rate, fare or charge, for services rendered or to be rendered by any utility operating trackless trolleys or motor busses under franchises granted by the municipality, shall go into effect at such time as may be fixed by the municipality and shall remain in effect and be complied with, unless and until set aside by the municipality, or by a final judgment of a court of competent jurisdiction, in a suit to set aside and annul the same; provided however, that if an interlocutory injunction is applied for, and if of the opinion that irreparable loss or damage would result to plaintiff unless a temporary restraining order is granted, the judge of the district court having jurisdiction may grant a temporary restraining order, to remain in force only until the hearing and determination of the application for an interlocutory injunction; provided, that no injunction shall issue until after five days notice has been given the municipality.
Acts 1956, No. 234, §4.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4508. Enforcement of orders; appeals

RS 33:4508 - Enforcement of orders; appeals
The orders of the municipality shall be enforced by the imposition of penalties as hereinafter provided, and any party in interest may appeal from orders and decrees of the municipality to the courts by filing suit, within ninety days from the date of the municipality's order, and not thereafter, in the district court having jurisdiction. All cases contesting orders of the municipality, both in the trial and appellate courts, shall be tried summarily and by preference over all cases, and may be tried either in chambers, or at term time. Appeals from decisions of the trial court shall be direct to the supreme court, and shall be returned within ten days after the granting of the appeal. When the municipality appeals no bond shall be required.
Acts 1956, No. 234, §5.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4509. Violations and penalties

RS 33:4509 - Violations and penalties
If any carrier or public utility operating trackless trolleys or motor busses under a franchise granted by the municipality shall violate any of the rates, tolls, fares, charges or orders of the municipality, such carrier or public utility shall forfeit and pay a penalty to the municipality of not less than one hundred dollars, nor more than one thousand dollars, for each violation, to be recovered, before any court of competent jurisdiction, at the suit of the municipality.
Acts 1956, No. 234, §6.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4510. Charge-back of certain taxes and other payments made to a political subdivision; construction, scope, and application of provisions

RS 33:4510 - Charge-back of certain taxes and other payments made to a political subdivision; construction, scope, and application of provisions
A. Whenever any political subdivision of the state of Louisiana, as defined in Article VI, Section 44(2) of the Constitution of Louisiana, shall collect or receive any payment from any public utility operating within such political subdivision, including those utilities whose rates and charges are regulated by the Louisiana Public Service Commission, for or by reason of the use of its streets, alleys, or public ways or places, or lands belonging to the state, or for or by reason of the operation of the utility's business or by reason of any agreement between such political subdivision and the utility, whether such payment be called a license, occupational, privilege, franchise, or inspection tax, charge, or fee, or otherwise, the amount of such tax or payment may, to the extent that such tax or payment was not included as a part of the cost of furnishing services in the fixing of the rates and charges for such services by the Louisiana Public Service Commission, be added to the sales price of such public utility's service and billed pro rata to the utility's customers receiving local service within the political subdivision collecting such taxes or receiving such payments.
B. This Section shall not be construed as granting to any political subdivision any authority to levy any tax, other than such authority as the political subdivision already has under the constitution and statutes of Louisiana.
C. Nothing in this Section shall apply to ad valorem taxes nor to an occupational license tax levied and collected by a political subdivision under the provisions of, and subject to the limitations of, R.S. 47:341 and 358.
D. The provisions of this Section shall not apply to any payments by a utility to a political subdivision in excess of five percent of the annual gross receipts of the utility from its customers within said political subdivision, whether said payments are made as a license, occupational, privilege, franchise, or inspection tax, charge, or fee, or by agreement between the utility and the political subdivision.
Acts 1960, No. 247, §§1-4; Acts 1995, No. 380, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4511. Franchises for taking, transporting, and selling surface water

RS 33:4511 - Franchises for taking, transporting, and selling surface water
A. The governing authority of any parish or municipality, east of the Mississippi River, may grant franchises to private nonprofit corporations for the taking, transporting and sale of surface water from within the geographical limits of such political subdivision to other parishes or municipalities outside the limits of such political subdivision. Such franchises may recognize the authority of the corporation to take water from lakes and streams within the governmental subdivision granting the franchise, and may authorize the transportation and sale of such water outside the limits of the granting subdivision.
B. Corporations holding such franchises, which may be granted on terms and conditions deemed appropriate by the granting authority, shall be deemed to be public utilities within the meaning of the laws of this state, but shall not be subject to regulation by the Public Service Commission insofar as activities hereunder are concerned. Such franchises may be granted without the necessity of an election and without regard to limitations imposed on the granting of franchises by any other statute. Such franchises shall be for a term of not more than sixty years, but may be renewed or extended from time to time for additional periods up to sixty years each.
C. All such franchises, with any contracts entered into for the sale by such corporations of such water and proceeds therefrom may be mortgaged, pledged, or otherwise used to finance the operation, construction, extension, improvement and maintenance of facilities for securing and transporting such water, in the manner and to the extent of private contracts.
D. All laws or parts of laws in conflict herewith are hereby repealed. This Section shall be supplemental to other provisions of the statutes of this state relating to the taking, transporting and sale of water, and franchises and contracts in connection therewith.
Acts 1966, No. 528, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4521. Application of Subpart

RS 33:4521 - Application of Subpart
This Subpart applies only to any town or city exercising powers of supervision, regulation, and control over any local public utility. Nothing in this Subpart applies to or affects:
(1) Gas transported out of the state;
(2) Gas transported in gas lines for industrial or commercial purposes or for resale;
(3) Liquefied petroleum gas.
Added by Acts 1970, No. 352, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4522. Malodorants required

RS 33:4522 - Malodorants required
All natural and other odorless gases shall be malodorized by the use of a malodorant in accordance with pipeline safety rules and regulations promulgated by the assistant secretary of the office of conservation of the Department of Energy and Natural Resources, or in the case of liquefied petroleum gas, in accordance with R.S. 40:1846(B)(5) and (6).
Acts 1983, No. 377, §2. Acts 1984, No. 214, §2, eff. June 29, 1984; Acts 2023, No. 150, §8, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4523. Method of use and containers and equipment regulated

RS 33:4523 - Method of use and containers and equipment regulated
The method of using the malodorant and the containers and equipment used in connection therewith are under the direction and subject to the approval of the assistant secretary of the office of conservation of the Department of Energy and Natural Resources.
Added by Acts 1970, No. 352, §1. Amended by Acts 1981, No. 754, §1; Acts 2023, No. 150, §8, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4524. Enforcement; rules and regulations

RS 33:4524 - Enforcement; rules and regulations
A. The office of conservation of the Department of Energy and Natural Resources shall enforce the provisions of this Subpart. The assistant secretary of the office may prescribe any rules and regulations and conduct inspections as the assistant secretary deems necessary to carry out the purposes of this Subpart.
B. In addition to the rights, powers, and duties granted under this Subpart, the assistant secretary shall exercise, relative to this Subpart, all of the rights, powers, and duties granted under R.S. 30:501 et seq.; however, the provisions of R.S. 30:544 shall not apply to this Subpart.
C. Whenever the assistant secretary shall find any violation of this Subpart, the assistant secretary may report the violation and submit the evidence thereof to the district attorney of the district or parish court having jurisdiction over the area wherein the violation occurred.
Added by Acts 1970, No. 352, §1. Amended by Acts 1981, No. 754, §1; Acts 2023, No. 150, §8, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4525. Violation, penalties, civil and criminal

RS 33:4525 - Violation, penalties, civil and criminal
A.(1) Any person who shall be determined by the assistant secretary, after notice and an opportunity for a hearing, to have violated any provision of this Subpart or any rule, regulation, or order promulgated or issued under this Subpart shall be liable to the office of conservation for a civil penalty not to exceed ten thousand dollars for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed five hundred thousand dollars for any related series of violations.
(2) The amount of the penalty shall be assessed by the assistant secretary by written notice.
(3) In determining the amount of the penalty, the assistant secretary shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require.
B. The legal counsel employed or retained by the assistant secretary may recover the assessed civil penalty by bringing action against the person so assessed in the court having jurisdiction. The assistant secretary may compromise the civil penalty.
C. Any person who willfully and knowingly violates this Subpart or any rule, regulation, or order issued under this Subpart shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject for each offense to a fine of not more than twenty-five thousand dollars or imprisoned for not more than one year, or both, for each violation.
Added by Acts 1970, No. 352, §1. Amended by Acts 1981, No. 754, §1; Acts 1990, No. 599, §2, eff. July 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4526. Construction of Subpart; surrender of powers

RS 33:4526 - Construction of Subpart; surrender of powers
Nothing contained in this Subpart shall be construed as surrendering to the office of conservation of the Department of Energy and Natural Resources any of the powers of supervision, regulation, or control over any local public utility by any town or city, other than those specifically provided in this Subpart.
Added by Acts 1970, No. 352, §1. Amended by Acts 1981, No. 754, §1; Acts 2023, No. 150, §8, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4531. Authority to transfer the public belt railroad system

RS 33:4531 - Authority to transfer the public belt railroad system
Upon the recommendation of the railroad commission and the determination by the Board of Commissioners of the Port of New Orleans that the interests of the state of Louisiana, the city of New Orleans, the port of New Orleans, and the public belt railroad system would best be served if the public belt railroad system were owned or operated by another firm or corporation, public or private, or another political subdivision or state agency, the Board of Commissioners of the Port of New Orleans shall have the right and authority to direct the railroad commission to assign, transfer, and deliver to such firm or corporation, political subdivision or state agency all of its rights of way, rails, tracks, locomotives, switch yards, and such other assets of the public belt railroad system as are needed or useful in connection with the operation of a terminal railroad, upon such terms and conditions as the Board of Commissioners of the Port of New Orleans and the railroad commission each shall approve by resolution duly adopted at a regular or special meeting of the respective boards. Any such transfer shall require that such firm, corporation, political subdivision, or state agency agree (i) to continue to operate, maintain, and develop the public belt railroad system to serve the Port of New Orleans and the industries located on the system; (ii) to make proper and legal provision for the pledge of railroad net revenues toward the payment of outstanding Port of New Orleans Port Facility Revenue Bonds and other indebtedness outstanding at such time; and (iii) to recognize and maintain the rights of the employees of the public belt railroad system under existing labor contracts and applicable law; however, this requirement shall not be interpreted to prohibit future changes that may be permitted by law or contract or negotiated agreement with employees. With the exception of any agreement with the Board of Commissioners of the Port of New Orleans, any such agreement with any state agency which directly or indirectly affects an expenditure of state funds shall require the approval of the legislature.
Added by Acts 1976, No. 245, §1; Acts 2020, No. 359, §3, see Act.
NOTE: See Acts 2020, No. 359, §§9 and 10, regarding effectiveness and applicability of cooperative endeavor agreement dated February 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4533. Repealed by Acts 2020, No. 359, §6, see Act.

RS 33:4533 - Repealed by Acts 2020, No. 359, §6, see Act.
Added by Acts 1976, No. 245, §1; Acts 2020, No. 359, §6, see Act
NOTE: See Acts 2020, No. 359, §§9 and 10 regarding effectiveness and applicability of cooperative endeavor agreement dated February 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4534. Transfer of assets by the city of New Orleans

RS 33:4534 - Transfer of assets by the city of New Orleans
The assignment, transfer, and delivery by the city of New Orleans by and through the public belt railroad commission, with the concurrence of the council of the city of New Orleans, of all of the rights of way, rails, tracks, locomotives, switch yards, and the Huey P. Long Bridge, its approaches and appurtenances and the lands and other things in connection therewith, and all other lands, leases, equipment, books, records, accounts receivable, monies, intellectual property, contracts, properties and assets of the public belt railroad system or the Public Belt Railroad Commission for the city of New Orleans effective February 1, 2018, to the New Orleans Public Belt Railroad Corporation, a public nonprofit corporation formed and owned by the Board of Commissioners of the Port of New Orleans, is ratified.
Acts 2020, No. 359, §4, eff. June 12, 2020.
NOTE: See Acts 2020, No. 359, §§9 and 10, regarding effectiveness and applicability of cooperative endeavor agreement dated February 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4536. Employees of the railroad commission

RS 33:4536 - Employees of the railroad commission
A. The employees of the public belt railroad system, which were transferred from the Public Belt Railroad Commission of the city of New Orleans to the New Orleans Public Belt Railroad Corporation and pursuant to this Part are further transferred to the railroad commission, may continue with the railroad commission their existing employment arrangements upon such transfer, including but not limited to existing labor contracts. These employees are to be included in the unclassified service of state civil service pursuant to Article X, Section 2 of the Constitution of Louisiana. The railroad commission shall recognize and maintain the rights of these employees under existing labor contracts and applicable law. This Subsection shall not be interpreted to prohibit future changes as may be permitted by law, contract, or negotiated agreement with employees.
B. Members of the board of the railroad commission and officials, officers, and employees holding office or employment with the railroad commission, while acting within the scope of their duties or employment, shall have the indemnification rights and shall be deemed covered individuals, as provided in R.S. 13:5108.1, with respect to such actions.
C. The chief executive officer of the railroad commission shall have the power to organize or reorganize the legal, executive, and other departments and forces of the railroad commission and to fix the duties, powers, and compensation of all officers, agents, and employees in such departments and forces, subject to modification of any determination by the board of the railroad commission.
Acts 2020, No. 359, §5, see Act.
NOTE: See Acts 2020, No. 359, §§9 and 10, regarding effectiveness and applicability of cooperative endeavor agreement dated February 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.2. Declaration of purpose; authority created

RS 33:4545.2 - Declaration of purpose; authority created
It is the intent of the legislature by passage of this Chapter to provide for the creation of a state electric power authority and to that end there is hereby created the Louisiana Energy and Power Authority, hereinafter referred to as the "Authority", as a political subdivision of the State of Louisiana with full corporate powers, to provide facilities for the generation and/or transmission of electric power and energy, and to vest the Authority with all powers that may be necessary to enable it to accomplish such purposes, which powers shall be exercised for the benefit of participating municipalities.
It is further the intention of the legislature that in order to achieve the economies and efficiencies made possible by the proper planning, financing, sizing and location of facilities for the generation or transmission of electric power and energy which may not be practical for any municipality acting alone, and to insure an adequate, reliable and economical supply of electric power and energy to the participating municipalities, the Authority shall be authorized to jointly cooperate and to plan, finance, develop, own and operate with municipalities and investor owned electric power companies and electric power cooperative associations or corporations, within the state, electric generation and transmission facilities in order to provide for the present and future requirements of the Authority and participating municipalities.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.4.1. Alternate directors

RS 33:4545.4.1 - Alternate directors
In addition to the appointment of a director by the mayor of each municipality that becomes a member, the mayor of each such municipality may also appoint an alternate director to the board of directors of the authority, which appointment is also subject to approval by the governing authority of said municipality. Each such alternate director shall have the same qualifications and shall serve for the same term as the director from the same municipality, and such alternate shall have the same rights, duties, powers and responsibilities as the director. However, an alternate director may act as director at meetings only in the absence of the director from the same municipality, and an alternate director may not serve as an officer of the board of directors of the authority. Any alternate director shall serve at the pleasure of the appointing authority, and the procedure for removing an alternate director shall be the same as is required for removing a director.
Acts 1988, No. 520, §1, eff. July 8, 1988.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.4.2. Domicile of directors, parish-council form of government

RS 33:4545.4.2 - Domicile of directors, parish-council form of government
Notwithstanding anything to the contrary contained in this Chapter, a director representing a municipality which, together with the parish in which it is located is governed by a parish-council consolidated form of government, need not be domiciled in the said municipality, but shall be either domiciled anywhere within the parish in which the municipality is located or be an employee of the municipality represented.
Acts 1988, No. 520, §1, eff. July 8, 1988; Acts 2016, No. 242, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.4.3. Alternate form for approving changes in board membership

RS 33:4545.4.3 - Alternate form for approving changes in board membership
With the approval of a majority of the board of directors, mail ballots may be utilized to record the vote of the board of directors on any ordinance proposing to increase or decrease the membership of the board of directors of the authority.
Acts 1988, No. 520, §1, eff. July 8, 1988.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.5. Defense and indemnification of directors, officers or employees

RS 33:4545.5 - Defense and indemnification of directors, officers or employees
The authority may defend, indemnify against loss or liability and save harmless any of its directors, officers or employees whenever a claim or demand is made or threatened, or whenever proceeded against in any investigation or before any court, board, commission or other public body to defend or maintain his official position or a position taken in the course of the execution of his duties or because of any act or omission arising out of the performance of his official duties if it is determined that the director, officer or employee acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Authority. Such determination shall be made by the board of directors by a majority vote of directors who were not parties to such action, suit, proceeding, investigation or claim. The provisions of the preceding two sentences shall not apply in the event a director, officer or employee is adjudged liable for malfeasance in office or an intentional tort. To the extent that a director, officer or employee of the Authority has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in or in defense of any claim, issue or matter therein, he shall be indemnified against expenses, including attorneys' fees, actually and reasonably incurred by him in connection therewith. Expenses, including attorneys' fees, incurred in defending a civil action, suit or proceeding may be paid by the Authority in advance of the final disposition of such action, suit or proceeding as authorized in the manner provided in this Section upon receipt of an undertaking by or on behalf of the director, officer or employee, to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the Authority as authorized in this Section. The indemnification provided by this Section shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any by-law, agreement, or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a director, officer or employee, and shall inure to the benefit of the heirs, executors and administrators of such a person. The Authority shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer or employee of the Authority against any liability asserted against him and incurred by him in any such capacity or arising out of his status as such, whether or not the Authority would have the power to indemnify him against such liability under the provisions of this Section.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.6. Operating committee; powers and duties; terms

RS 33:4545.6 - Operating committee; powers and duties; terms
A. The directors of the Authority may create an operating committee for the board of directors. The board of directors may provide for the composition of the operating committee so as to afford, in its judgment, fair representation of the participating municipalities directly interested in the affairs or operations of the Authority or facilities owned or operated by the Authority. The operating committee shall have and shall exercise such of the powers and authority as shall be prescribed and delegated in the Authority's by-laws, rules or resolutions. The terms of office of the persons serving on the operating committee and the method of filling vacancies therein shall be prescribed in the Authority's by-laws, rules or resolutions.
B.(1) Notwithstanding any provision of law to the contrary, with respect to the Louisiana Energy and Power Authority Unit 1, there shall be created a Louisiana Energy and Power Authority Unit 1 participants committee comprised solely of those municipalities that are contracted through a power sales agreement to take power from the Louisiana Power and Energy Authority Unit 1.
(2) The Louisiana Energy and Power Authority Unit 1 participants committee shall have sole authority to decide all matters related to such unit and such authority shall be executed pursuant to a majority vote of the members of the Louisiana Energy and Power Authority Unit 1 participants committee.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979; Acts 2018, No. 138, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.8. Participating in more than one entity or undertaking

RS 33:4545.8 - Participating in more than one entity or undertaking
Nothing herein contained shall prohibit any governmental unit from being a member of more than one entity or undertaking for the purpose of obtaining an adequate electric power supply.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.10. Sale of capacity and output by the Authority

RS 33:4545.10 - Sale of capacity and output by the Authority
The Authority may sell or exchange the capacity or output of a project not then required by participating municipalities under their contracts with the Authority for such consideration and for such period and upon such other terms and conditions as may be determined by the parties, to any person, firm, association or corporation, public or private; provided, however, that the Authority shall make no sales of excess capacity or output of a project in such amounts, for such periods of time, and under such terms and conditions as will cause the interest on bonds issued to finance the cost of a project to become taxable by the federal government.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.12. Construction contracts

RS 33:4545.12 - Construction contracts
The Authority may contract for the planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of a project or may contract with one or more municipalities to perform these functions. All contracts let by the Authority and/or municipality for the performance of these functions under the authority of this Section shall be subject to the laws relating to public contracts, contained in R.S. 38:2211-2225, except as otherwise provided in this Chapter.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.