Louisiana House Bill HB417

Louisiana 2025 Regular Session

• Introduced: 4/3/25
• Refer: 4/3/25
• Refer: 4/14/25

Caption

Provides relative to preventing credit card companies from assessing a fee on tax and tip

Impact

The legislative changes introduced by HB 417 would have direct implications on the way businesses process electronic payments. Merchants might experience a reduction in their overall transaction costs related to swipe fees since the new law mandates that state and local taxes, as well as gratuities, be excluded from the amount used to calculate these fees. This adjustment could potentially lead to a more favorable operating environment for businesses, especially small business owners who traditionally face higher financial pressures due to fees associated with credit card transactions.

Summary

House Bill 417 addresses the issue of credit card swipe fees assessed during electronic payment transactions involving state or local taxes and gratuities. The proposed legislation aims to exclude these fees from being charged on transactions where state or local tax is applied and gratuities are indicated separately on payment invoices. By establishing clear definitions for terms related to credit card transactions and swipe fees, this bill seeks to regulate how payment card networks charge merchants, ensuring that taxes and gratuities do not inflate the cost basis for swipe fees. This could lighten the financial burden on merchants, particularly in service industries where tipping is prevalent.

Sentiment

The general sentiment surrounding HB 417 appears to be supportive among business owners and merchants who recognize the financial strain caused by high swipe fees. Supporters believe that the bill will enable fairer practices within credit card processing, providing much-needed relief from excessive fees linked to taxes and tips. Conversely, some opposition may stem from credit card processors and financial institutions that could see this regulation as limiting their revenue from transaction fees. As conversations unfold, the community is likely to weigh the financial benefits against possible pushback from industry players.

Contention

A point of contention regarding HB 417 relates to its enforcement and the potential liabilities assigned to payment card networks. The bill establishes civil penalties for those who violate the new regulations, and concerns may arise regarding the practical implications of enforcing these penalties. Stakeholders might question how easily compliance can be monitored and the degree to which payment card networks can be held accountable for ensuring the correct calculation of fees. Furthermore, the bill’s language regarding the conditions under which merchants can prove their tax or gratuity amounts could lead to debates on the fairness of their application.