HLS 14RS-925 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 429
BY REPRESENTATIVE BROADWATER
FEES/LICENSES/PERMITS: Authorizes the collection of a handling fee for the rental of
heavy equipment
AN ACT1
To enact R.S. 9:3317.1, relative to the authorization of a handling fee for heavy equipment2
rentals; to permit heavy equipment rental companies to include a handling fee in all3
rental agreements entered into in the state; to provide for definitions; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:3317.1 is hereby enacted to read as follows: 7
ยง3317.1. Heavy equipment; handling fee8
A.(1) Except as provided in Paragraph (2) of this Subsection, a person in the9
business of renting heavy equipment property located in this state may include in the10
rental agreement or invoice up to a two percent handling fee on the gross rental11
receipts from any item of heavy equipment rented by a customer. The inclusion of12
this fee in a rental agreement shall be clearly stated.13
(2) The total amount of the handling fee shall be retained by the person in14
the business of renting heavy equipment for the purpose of paying personal property15
taxes levied by all taxing jurisdictions against the heavy equipment property.16
B. The handling fee provided for in this Section shall not apply to the renting17
of heavy equipment to the state of Louisiana, a municipality, parish, or political18
subdivision of the state.19 HLS 14RS-925 ORIGINAL
HB NO. 429
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. For purposes of this Section, "heavy equipment" includes all self-1
propelled, self-powered, trench-shoring, industrial, or towable equipment, including2
farm equipment, that is intended to be used for agricultural, construction, industrial,3
mining, or forestry uses. Heavy equipment property also includes equipment of an4
industry that is described under Industry Code 532412 of the 2002 North American5
Industry Classification System as published by the Bureau of the Census.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broadwater HB No. 429
Abstract: Authorizes a person in the business of renting heavy equipment property within
the state to include in the rental agreement up to a two percent handling fee on the
gross rental receipts from any item of heavy equipment rented by a customer.
Proposed law provides that a person in the business of renting heavy equipment property
may include in the rental agreement up to a 2% handling fee on the gross rental receipts
from any item of heavy equipment rented by a customer.
Proposed law provides that the inclusion of this fee in a rental agreement shall be clearly
stated.
Proposed law provides that the total amount of the handling fee shall be retained by the
person in the business of renting heavy equipment for the purpose of paying personal
property taxes levied by all taxing jurisdictions against the heavy equipment property.
Proposed law provides that the handling fee provided for proposed law shall not apply to the
renting of heavy equipment to the state of Louisiana, a municipality, parish, or political
subdivision of the state.
Proposed law defines "heavy equipment" for purposes of proposed law to mean all self-
propelled, self-powered, trench shoring, industrial, or towable equipment, including farm
equipment, that is intended to be used for agricultural, construction, industrial, mining, or
forestry uses and equipment of an industry that is described under Industry Code 532412 of
the 2002 North American Industry Classification System as published by the Bureau of the
Census.
(Adds R.S. 9:3317.1)