HLS 24RS-71 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 134
BY REPRESENTATIVES ROMERO, AMEDEE, BOYER, BUTLER, HENRY, JACOB
LANDRY, MCCORMICK, MCMAHEN, SCHAMERHORN, THOMPSON, AND
WYBLE
FARMING/EQUIPMENT: Provides relative to the regulation of fuel used in agricultural
machinery and fishery equipment
1 AN ACT
2To enact Chapter 15-B of Title 33 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 33:5091 through 5093, relative to the regulation of fuel used in
4 agricultural machinery and fishery equipment; to provide for a short title; to provide
5 for definitions; to prohibit a parish or municipality from adopting any local law
6 restricting the use or disposition on or imposing a fee or tax on agricultural
7 machinery and fishery equipment; to prohibit local regulations that create differing
8 standards for or distinguish fuel used in agricultural machinery and fishery
9 equipment from other fuels or agricultural machinery and fishery equipment; to
10 exempt the use of agricultural machinery used on property owned by a parish or
11 municipality; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. Chapter 15-B of Title 33 of the Louisiana Revised Statutes of 1950, to be
14comprised of R.S. 33:5091 through 5093, is hereby enacted to read as follows:
15 CHAPTER 15-B. LOCAL REGULATION OF FUEL
16 USED IN AGRICULTURAL MACHINERY AND FISHERY EQUIPMENT
17 §5091. Short title
18 This Chapter shall be known and may be cited as the "Landscape and Fishery
19 Equipment and Agricultural Fairness Act".
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HB NO. 134
1 §5092. Definitions
2 For the purposes of this Chapter, the following definitions shall apply:
3 (1) "Agricultural machinery" means any machine or equipment designed for
4 agricultural use or landscaping that is used in accordance with traditional farm
5 practices and is powered by an engine or a motor. The term "agricultural machinery"
6 shall also include a leaf-blower that is used to blow leaves, dirt, or other debris off
7 of sidewalks, driveways, lawns, or other surfaces.
8 (2) "Fishery equipment" means any equipment used in fisheries operations
9 and generally accepted fisheries practices pursuant to R.S. 56:640.2. This term
10 includes, but is not limited to, fish processing machines and machines used for
11 marine, freshwater, and aquaculture species.
12 (3) "Fuel used in agricultural machinery" includes motor fuel as defined by
13 R.S. 40:1842(5) and petroleum products as defined by R.S. 3:4602(14)(b). The term
14 "fuel used in agricultural machinery" shall also include blended fuel, diesel fuel, and
15 gasoline as defined by R.S. 47:818.2.
16 §5093. Restrictions on authority; local regulations
17 A. No ordinance or regulation shall be adopted by a local governmental
18 subdivision that prohibits or regulates with respect to the use, disposition, or sale or
19 any imposition of a restriction, fee, or tax on fuel used in agricultural machinery and
20 fishery equipment at the retail, manufacturer, or distributor setting, except by general
21 law. This includes regulations that would create differing standards for or
22 distinguish fuel used in agricultural machinery and fishery equipment from other
23 types of fuels or agricultural machinery and fishery equipment.
24 B. Nothing in this Chapter shall apply to the use of agricultural machinery
25 and fishery equipment on property owned by a parish or municipality.
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HB NO. 134
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)]
HB 134 Reengrossed 2024 Regular Session Romero
Abstract: Prohibits regulations by any local government that create differing standards for
fuel used in agricultural machinery and fishery equipment from other fuel or
agricultural machinery.
Proposed law provides for a short title and definitions. Defines "agricultural machinery" as
any machine or equipment, including a leaf blower, designed for agricultural use or
landscaping that is used in accordance with traditional farm practices and is powered by an
engine or a motor.
Proposed law defines "agricultural equipment" as any equipment used in fisheries operations
and generally accepted fisheries practices pursuant to R.S. 56:640.2. This term includes, but
is not limited to, fish processing machines and machines used for marine, freshwater, and
aquaculture species."
Proposed law defines "fuel used in agricultural machinery" to include motor fuel, petroleum
products, blended fuel, diesel fuel, and gasoline.
Proposed law defines "fishery equipment" as any equipment used in fisheries operations and
generally accepted practices.
Proposed law prohibits regulations by a local governmental subdivision regarding the use,
disposition, or sale or any imposition of a restriction, fee, or tax on fuel used in agricultural
machinery and fishery equipment.
Proposed law prohibits regulations by a local governmental subdivision that create differing
standards for or distinguish fuel used in agricultural machinery and fishery equipment from
other fuels or machinery.
Proposed law exempts the use of agricultural machinery owned by a parish or municipality.
(Adds R.S. 33:5091-5093)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add "fishery equipment" to the types of machinery that are protected from
regulations by any local government that create differing standards for fuel.
2. Rename the Chapter as "CHAPTER 15-B. LOCAL REGULATION OF FUEL
USED IN AGRICULTURAL MACHINERY AND FISHERY EQUIPMENT".
3. Rename the short title as "Landscape and Fishery Equipment and Agricultural
Fairness Act".
4. Define "fishery equipment" as any equipment used in fisheries operations and
generally accepted fisheries practices pursuant to R.S. 56:640.2. This term
includes, but is not limited to, fish processing machines and machines used for
marine, freshwater, and aquaculture species."
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HB NO. 134
5. Make technical changes.
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