HB428 Summary

• Motor carriers, brokers, and freight forwarders that do not bear fuel costs must provide payment equal to fuel charges to the person bearing the cost and furnish a written list identifying all freight charges, brokerage fees, fuel surcharges, and other charges at the time of payment.

• Prohibits any person from knowingly presenting false or misleading information about fuel surcharges in documents or oral representations to any party in the transaction or transportation.

• Allows persons to bring civil lawsuits against those who fail to disclose fuel surcharges or present false or misleading information, with the ability to recover treble (triple) damages.

• Requires timber and timber product haulers to itemize on statements, invoices, or pay records the cut and haul rate, mileage, minimum hauling rate, fuel adjustment, and any special conditions affecting logging or hauling operations.

• Requires entities collecting fuel surcharges related to timber and timber product hauling to disclose the surcharge and remit it to the person or entity bearing the fuel cost.

• Takes effect on the first day of the third month following passage and approval by the Governor.