last printed 8/2/2012 1:49:00 pm 32 2012.pdf · 2012. 8. 3. · last printed 8/2/2012 1:49:00 pm...

Last prInted 8/2/2012 1:49:00 PM

2012

LSLI Disposition Sheets for

Effective date is August 1,

Regular Session

R.S.

2012

32

unless otherwise noted.

LSA-R.S. Effect Act No. Sec.

.732:0002

/32:0002

132:0057

32:0080

/ 32:0083

32:0123

:0123

/ 32:0127

/ 32:0143

/32 :0143

/32:0171

/32:0171

‘732:0175

32:0175

32:0191

/ 32:0213

/32:0215

0234

/ 32:0295

132:0295

,7’32 :0295

/32:0295

/32:0301

y/32 :0387

Sp.E.Dt

(A) (2) Amend 496 1 --- 06/05/12

(A) (3) Enact 496 1 --- 06/05/12

(G) (2) Amend 834 S --- 07/01/12

(A) (4) Amend 259 1

Enact 520 1

(B) Amend 811 9 --- 07/01/12

(0) Amend 811 9 --- 07/01/12

.2 Enact 661 1

(A) (5) Amend 811 9 --- 07/01/12

(A) (6) Amend 811 9 --- 07/01/12

(F) (i) Amend 834 5 --- 07/01/12

(F) (2) Amend 834 5 --- 07/01/12

(A) Amend 811 9 --- 07/01/12

(C) (4) Amend 834 5 --- 07/01/12

.3(B) Amend 473 1

Amend 811 9 --- 07/01/12

Amend 811 9 --- 07/01/12

(A) (1) Amend 811 9 --- 07/01/12

.1(A) Amend 244 1

.1(B) Amend 244 1

.1(G) (2) Amend 413 2

.1(G) Q3) Enact 413 2

Amend 379 i

.7(B) Amend 462 1

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723 - 1

130 - 1

512 - 1

475 - 1

475 -1

348

2:03BS(B) (1) (b) (iv) ---Enact

J2:O390(C) Amend

32:0392.1 Repeal

132:0402.1(A) (1) (a) Amend

/32:0402.1(A) (2) AmendY (Intro.Par.)

/32:0402.3(C) Amend

,.,/32:0403.4(A) Amend

/32:0405.1 Amend

32:0408 (A) (4) (b) Amend

732:0408(A) (4) (d) Amend

7’32:0408(B) (2) Amend

(Intro.Par.)

32:0408(B) (2) (a) (ii) ---Amend

/ 32:0408(B) (7) (e) Amend

J”32:0408(C) (1) Amend

:0408(F) (1) Amend

:0408.1(2)

(Intro.Par.)

408

750

455

455

455

455

377

348

455

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1

1

2

2

2

2

1

1

2

1Amend 751

751 1

751

455

751

543

834

834

/32:0408.l(3) Amend

7 32:0408.1(4) Amend 1

R32:o4o8.1( Enact 2

j: L(6’)

L’ 32:0408.1(5) Enact 1

-/ 32:0410 (A) (6) Enact 1

‘1’ 32:0412 (H) (Intro.Par.) -Amend 5 --- 07/01/12

1 32:0412 (H) (1) Amend 5--- 07/01/12

7 32:0412 (H) (2) Repeal 07/01/12

/32:0412 (H) (3) Repeal 834 13 --- 07/01/12

r132:0412(K)-Enact 356 1

1 32:0412(K) Enact 398 1

132:0412.2 Amend 95 1

./ 32:0414 (A) (1) Cc) (ii) ---Amend 470 1 --- 06/01/12

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0414

0414

0414

0414

/32:

32:

/32:

/32:

(0) (1) (c) Enact

(K) (3) Enact

.2(A) (1) (d) (x) --Enact

.2(B) (2) (a) Amend

663 1

455 2

203 1

203 1

0424 (A) Amend 746 1

0662.1 Amend 262

592

592

1

1

1

06/07/12

- -- 06/07/12

- -- 10/15/12

10/15/12

07/01/12

07/01/12

592

663

559

403

566

566

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1

1

1

1

1

250 1

/32:0666

2:0666

(Intro.

,43 2:0666

/32 : 0667

2:0668

2:0706

:0707

1 32:0707

/32:0717

2:0781

.q’32 :0781

2:0781

J 32:0783

2:0783

32:0788

v”32 :0792

/ 32:0793

/32:0793

ía 32:0793

732:0795

/ 32:0851

32:0862

J

(A) (1) (a) (1) ----Amend

(A) (2) Amend

Par.)

(A) (3) Amend

(H) (3) Enact

(A) (Intro.Par.) -Amend

.2 Amend

(I) (1) (f) Amend

(N) Enact

(B) Amend

(5) Amend

(12) Amend

(13) (a) Amend

(C)

(H)

(B)

(B) (16) Enact

(A) (Intro.Par.) -Amend

(A) (2) Amend

(A) (7) Amend

Enact

Amend

(B) (1) Amend

136

136

1

1

136 1

Amend 834

Repeal 834 13

S

Amend 136 1

136 1

136 1

136 1

136 1

136 1

824 1

824 1

32:0862(G) (1) Amend 824 1

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.1(A) (1) (a) -Amend-

Par.)

.1(G) (1) Amend

.2(B) Amend

(A)

(A)

(B)

(C)

Amend

(2) Amend

Enact

Amend

.1 Enact

/32:0901

../3Z4 7-$I —il9 P9sinR%

/ 32:1252 (4) Amend

Amend

g 32:1252(52)thru(69) ----Enact

/ 14 see 4r 3a’ Ari1qc,IAllvr

J32:1253(A)(2) Amend

/32:1256 Amend

/32:12s6.1 Enact

/ 32:1256.2 Enact

(32:1257.1 Repeal

/32:1261 Amend

R 32:1261(1)( Enact

/ L(?cI)4 32:1261.1 Amend

/32:1262(C) Enact

32:1263 Amend

/32:1264(o) Enact

/32:1267(C) Enact

/ (3) Amend

Amend

Enact

Enact

(1) Amend

824 1

824 1

824 1

1

1

1

824

824

824

32:0862 (G)

/32:0862(H)

42:0862(I)

:0862(J)

/32:0863(B)

32:0863

(Intro.

2 : 0863

%.732 :0863

32:0871

32:0872

32:0874

/ 32:0874

32: 0898 (A)

:0900

824 1

749 1

Amend 221

221

824

1

1

1

1

1

1

824

368

807

Amend 368 1

32k 3326 1

326 1

326

855

855

855

855

326

326

07/01/12

- -- 07/01/12

- -- 07/01/12

07/01/12

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1150

326 1

326 1

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326 1

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J32:1268 (A) (1) (a) -Amend --150 1

(Intro . Par.

150 1(A) (1) (c) Amend

(A) (2) Amend

(B)

(0)

150 1

Amend 150

Enact 326

1

1

326

326

2

1

326thru Enact

.111, Chpt.6

thru Enact• Iv, chpt.6

1

)

.1 Repeal

thru 1270.9 ----EnactChpt.6)

.10(Pt

.20(Pt

(B)

(C)

(C)

(A)

(A)

326 - 1

(3) Amend

/2: 1268

/32 : 1268

/32: 1268

./“32 : 1268

//: 1268

‘./2 : 1270

(Pt. II,

: 1270

1270.19

6 32:1270

1270.30

/32:1305 Amend 254 1

/ 32:1306 (1) Amend 674 1 --- 09/01/12

/32:1306 (2) Amend 674 1 --- 09/01/12

f32:1525 (1) Amend 551 1

,./ 32:1525 551 1

]Q32:1713 Amend 806 1

g 32:1713(( Amend 806 1

1132:1713(j) Enact 806 1L3

A. 32:1713(j) Enact 806 1

/ L’14’ 32:1714(6) Repeal 806 2

/ 32:1717 (A) (1) Amend 806 1

,/32:1717 (A) (4) Enact 806 1

J’32:1717(0) Enact 828 1

1 32:1717.1(A) Amend 806 1

/ 32:1718 (A) (Intro.Par.) -Amend 806 1

7 32:1718 (A) (1) Amend 806 1

p/ 32:1718 (A) (2) Amend 806 1

/32:1718 (A) (3) Amend 806 1

32:1719 (A) Amend 806 1

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/32:1720(A)-end- 806 -1

32:1728 (A) Amend 806 1

i/32:1728(D) (4) Amend 806 1

/32:1728.2co)(4) Amend 806 1

/ 32:1728.2(G) (2) Amend 806 1

/32:1735(D) Enact 806 1

7’ 32:1736 (A) (2) Amend 806 1

32:1736 (C) Amend 806 1

7’ 32:1736(D) Amend 806 1

Approved by On on

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ENROLLED

La. State Law InstitutePRINTER’S COPY

NO EDITSClassification . 5 32.

ACT

To amcnd and reenact ItS. 32;ZfAyc) and to enact R,S. 32:2(A)(3), relative to rules,

regulations, and ordersf the Department of Transportation and Development to

remove certain requp’ments for filing certain regulations in clerks of court offices;

to remove spec requirements forreferences; to provide for effectiveness ofcertain

orders issue y the Department ofTransportation and Development; and to provide

for rela d matters.

Be it enac d by the Legislature of Louisiana:

ection 1. R.S, 32:2(A)(2) is hereby amended and reenacted and R.S. 32:2(A)(3) is

hqreby enacted to read as follows:

§2. Authority of Department ofTransportation and Development

* * *

(2) Any rc.alatiuu piumul5aLdLy tL.. &parLnt paauant to tIn. abtlnnaty

watcd tiy this OLon rn by any th.4 piOVt5suu shall Lccypn. Jfcctiv., when

Mcd wilL th cLika S uust at IL pLhcs ii whiJ.i aaL c&1atiau a to Lc

uff,ct.v... tss t.pâu Usc S u IL’.. affcctcd LJaya iug iiuijCa.

t.hereo* All rules and regulations promulgated by the department rclativc to wcght

i..ufut’..’.na.ut, paymcnt and coll’.....tiuu1iuc...du1cs, shall be adopted in accordance

with the provisions of the L..usiaa Administrative Procedure Act and Act No. 279

ofthc 197C Rc5il& Scssio uf IL Luaisiaua L...sialatia. Suiah tul’..S and tcuiaLOnS

shall tic to Us’.. scchu wid/ur suba’.....Luns wLJ4 LL..y mLct ut apply.

(3) All orders issued by the department relative to the detennination of a

maximum or minimum speed limit on a highway or weight limit on a bridge shall be

Page 1 of2

COD]NG: Words in suuck tLa8Ltype are deletions from existing law; words underscored

are additions.

ACRegular Session, 2012

HOUSE BILL NO. 421

BY REPRESENTATWE ST. GERMAIN

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A.

JIB NO. 421 ENROLLED

published on the official website of the department. Any such order issued by the

department shall become effective upon the erection ofsigns on the affected highway

or bridge.

Section 2. This Act shall become effective upo ignature by the governor or, if not

signed by the governor, upon expiration ofthe time forills to become law without signature

by the governor, as provided by Article tEl, Section) 8 of the Constitution of Louisiana. If

vetoed by the governor and subsequently approv by the legislature, this Act shall become

effective on the day following such approvaV//

1

SPEAKRO THE dOFREPRESAS

PTSIDENT THE fkTE fr/GOVERNOR OF THE S7fLiLTE OF L?UISIANA

APPROVED:

_________

ii /

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are additions.

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* * *

At 339La. State Law Institute

PRINTER’S COPY ‘ it

NO EDITSClassification R. S.

S H ca’i

— !‘IDTC

— r H3 .jt1


NO EDITSClassification ft . 2

Ctp’/ P?”- MoTE SIH


NO EDITSClassification R . S. S

— CaP’/ r—ejoie S19


NO EDITSClassification b

32..

—cofN rr IS i17

— NoT 5 LH

_

Regular Session, 2012 ENROLLED

SENATE BILL NO. 590La. State Law Institute

BY SENATOR ALARJO PRINTER’S CopyEditsTo:_14LL pne

_________

Note:ugI_

See StIt’rr V

1 AN&P

1 / I

2 To amend and reenact R.S. 17:3045,3 and 30*5.8; R.S. 23:3003; R.S. 25:933(9) through

e / a3 (15), and 941(A) and the introductfr3r paragraph of (B)(l); R.S, 32:57(G)(2),

4 171 (F)(1) and (2), 1 75(C)(4), the int4ductory paragraph of 412(H) and (H)(1), and

/ -1 I -

5 783(G); R.S. 36:209(T); R.S. 37:330.6; R,S. 38:2216(E); R.S. 39:100.94(B)(1),

a es4 a? / S6 2162(B), and 2165.11(B); R.S. 47:463.88(E);R.S. 51:955.4(F); and Sections 2,3,

e7 4(C), and 5 ofActNo. 1212 of the 2t)01 Regular Session of the Legislature; to enact

/S R.S. 3:3391.12(C); Wii-epeaI R. .2:904; R.S. 3:283.2(H), Part H of Chapter4—A

a9 of Title 3 of the Louisiana Revis d Statutes of 1950, comprised of R.S, 3:321

10 through 323, and 3391.13; ItS 17:10,3, 421.12, 2036, and 3042.11; R,.

11 23:1310.12, and Part XIII of Chapb 11 ofTitle 23 of the Louisiana Revised Statutes

12 of 1950, comprised of R.S. 23:17’ L through 1776; R.S. 25:933(16), 940 and 942;

/ V

13 R.S.27:270(B); R.S.29:731 .1; R.f .30:2417(B) and (C); R.S. 3412(FI)(2) and (3)

14 and 783(H); R.S. C3006,4769 7id 4770; R.S. 37:3 119; Subpart H of Part II of

15 Chapter 1 of Subtitle I of Title f9 of the Louisiana Revised Statutes of 1950,

16 comprised ofR.S. 39:100,11 and 100.12, Subpart L ofPartfl ofChapter I ofSubtitle

17 I ofTitle39 of the Louisiana Revis d Statutes of 1950, comprised of R.S. 39:100.36,

18 Subpart P of Part II of Chapter 1 yf Subtitle I of Title 39 of the’Louisiana Revised

19 Statutes of 1950, comprised of K.S. 39:100.71, 100.93, Subpart P-3 of Part U of

20 Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,

21 comprised ofR.S. 39:100.101, s4art Q ofPart 31 ofChapter] ofSubtitlel ofTitle

22 39 of the LouisianaRevised Statufas of 1950, comprised ofR.S. 39:100.121, Subpart

23 Q-2 ofPart U of Chapter 1 ofSu title I ofTitle 39 ofthe Louisiana Revised Statutes

24 of 1950, comprised of R.S. 39 100.123, Subpart Q-3 of Part U of Chapter 1 of

25 Subtitle I of Title 39 of the Lou iana Revised Statutes of 1950, comprised of itS.

Page 1 ofl7Coding: Words which are ak thugL are deletions from existing law;

words in boldface type and underscored are additions.ima

—F-

SB NO. 590EOLLED

2 39:100.124, Subpart Q-4 of Parff Chapter 1 of Subtitle I of Title 39 of the

2 Louisiana Revised Statutes of 1 0, comprised of R.S. 39:100.125, R,S. 39:127.2,

3 2161, and 2165.10; Part LX o Chapter 5 of Title 40 of the Louisiana Revised

4 Statutes of 1950, comprised of .3. 4CSi300.221 and 1300.263;R.S. 46:2609 and

a5 2802; R.S. 47:220,81, 322.44, 32.15,332.50,463.88(F) and (G); R.S. 48:3i; R.S.

6 51:955.5, 1262.1, and 23 15(D ,relative to the elimination ofcertain special treasury

7 funds; to eliminate the Gene I Aviation and Reliever Airport Maintenance Grant

8 Program Fund, Agricultur Products Processing Development Fund, Rural

9 Development Fund, Form san Termite Initiative Fund, School and Disirict

10 Accountability Rewards F d, Teacher Educational Aid for Children Fund, Job

11 Reserve Fund, Teachers ducation Incentive Program Trust Fund, Louisiana

12 Opportunity Loan Fund, irector of Workers’ Compensation Revolving Fund,

13 Domestic Violence Vie’ Account, Special Fundfor the Vocational Rehabilitation

14 of Individuals with Disa lities, Louisiana Historic Cemetery Trust Fund, Casino

15 Gaming Proceeds Fund, State Disaster or Emergency Relief Fund, Used Oil

16 Recycling Trust Fund, eater New Orleans Expressway Commission Additional

17 Cost Fund, Office of Mo r Vehicles Testing Fund, Louisiana Used Motor Vehicle

18 Commission Fund, All1 Parish Local Government Darning Mitigation• Fund,

19 Louisiana Blighted Pr perty Reclamation Revolving Loan Fund, Louisiana

20 Auctioneers Licensingfl ardFund, Addictive Disorders Professionals Licensing and

21 Certification Fund, Smal Contract Bond Fund, Municipalities EnergyExpense Fund,

22 Louisiana Economic atd Port Development Infrastructure Fund, Mapufactured

23 Home Tax Fairness mud. Grants for Grads Fund, FEMA Mobile Home

24 Reimbursement Fundj 1-turricane Recovery Health Insurance Premium Fund,

25 Walking the Walk oil Our Kids Fund, Technology Commercialization Fund,

26 Statewide Education Fcilities Fund, Capitol Complex Master Plan Fund, Hurricane

27 Relief Programs Fraucf Detection Fund, Oil Spill Relief Programs Fraud Detection

28 Fund, Communit-baed Primary Health Care Initiative Fund, Tobacco Control

29 Program Fund, Loui aria Children, Youth and Families Investment Fund, Child

30 Poverty Prevention rid, St. Helena Parish Tourist Commission Fund, Claiborne

Page 2 of 17

Coding: Words which are struck throu5li are deletions from existing law;

words in boldface type and underscored are additions.

‘wr-.

SB NO. 590 1 ENROLLED

1 Parish Tourism and Economic DeveIopmei/Fund Kappa Kemp Fund, Railroad

2 Crossing Safety Fund, Broadband Infrastrukre and Information Technology Fund,

3 Louisiana Welcome Center Improvernejit Fund, Rural Economic Development

4 Account, and the Manufactured and MobS e Homes Settlement Fund; to authorize the

5 transfer of balances between funds; to rovide for deposit ofmonies into the state

6 general fund; and to provide for relate mailers.

7 Bc it enacted by the Legislature ofLouisianj!

8 Section I. R.S. 3:3391.12(C) is heby enacted to read as follows:

9 §339L12. Enforcement; civil penalties

10 * * *

11 C. All assessments, fees. penalties. and other funds received under the

12 provisions of this Part shall be deposited immediately upon receipt into the state

13 treasury.

_ Section 2. KS. 17:3045.3 and 3045.8 are hereby amended and r9eu2oread as

16 §3045.3. Appropriation; procedure

17 A. Th h4kuLdl thtt .ill L4 out ftL LA-OP fl4$

18 to Uc CyamdSSlOn fo tln t.uiiurnpSiOu’S sc in rnakui5 loan m addtho1s to an)’

19 appauyJatiun Lu ih.. t.i.,uuuiSouu fivin iln at&tC gusaith fluid for thc pLapuSt. of

20 u1akL. luas pursuant hi tl1iCl1t’.4.

21 B7 The commission may administer and manage all money, includingj

22 appropriation to the conunission from the state f!eneral fund for the purpose of

23 makin2 loans pursuant to this Chapter, all interest made on loans pursuant to this

24 Chapter and all principal repaid on loans that has been appropriated in whatever

25 mannermaximizes the amount ofmoney available for LA-OP loans that is consistent

26 with federal reinsurance requirements and state budget practices.

27 * * *

28 §3045.8. Loan funds; availability

29 The receipt of a LA-OP loan by an eligible borrower is subject to the

30 availability of lending capital provided by appropriation and LA-or Loan Fund

Page 3 ofl7Coding: Words which are pLd.,k UnuuE.IL are deletions from existing law;

ton words in boldface type and underscored are additions.

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SBNO. 590

_________

Section 3. R.S. 23 :3003 is hereby amended and reenacted to read as follows:

§3003. Donations; department’s authority to receive

The Louisiana Worlcforce Commission may receive any donations, either

from public or private sources offered unconditionally, or under such conditions

related to the vocational rehabilitation of persons disabled in industiy or otherwise

detennined by the department to be proper and consistent with the provisions ofthis

Part. All the monies received as donations shall be deposited in the state Ireasuiytnd

.sLlI uuatituL a pI.Llnaflcut fid isa salkd tin. apc.u1 fluid fin tin. VOt.aLvual

rcliabilttahun ufiiidn1daI wth dsahi1ti.s. A fhll report of all donations received

and accepted, together with the names of the donor and the respective amounts

contributed by each, and all disbursements therefrom shall be submitted annually to

the governor by the Louisiana Workforce Commission.

ofQ3)(i) gaherebyamended-and-reenacteZflöiEäFo15wr--——— -C-c-

§933. Definitions

The following words and phrases when used in this Chapter shall have the

meanings givea to them in this Section unless the context clearly indicates otherwise:

(9) ‘Tud” slJl ,ean Lbt. n;0to1;t. Ct.mctcay Fund,

ftG) “Grave space” shall mean a grave, crypt, vault, niche, tomb, lawn crypt,

or any other property used or intended to be used for the interment of human

remains. The term shall also include any marker or other means of commemoration

associated with the grave space.

fl-I) flifi “Historic cemetery” shall mean any abandoned cemetery located in

the state that is more than fifty years old and is not subject to the laws, rules, and

regulations of the board or Chapter 10-A ofTitle 8 ofthe Louisiana Revised Statutes

of 1950.

(+2) {jJ) “Human skeletal remains” shall mean any part of the body of a

deceased human being in any stage of decomposition.

Page 4 of 17Coding: Words which are ti-uck thrnigh are deletions from existing law;


4;

IIENROLLED

* * *

poll

-c

/

SB NO. 590ENROLLED

I ff8) flfl “Isolated grave” shall mean any marked grave site that is not part

2 of a larger cemetery and is not subject to the laws, rules, and regulations of the board

3 or Chapter 10-A ofTitle 8 of the LouisianaRevised Statutes of 1950. The term shall

4 also include groupings of multiple graves that are not part of a larger cemetery.

5 ff4)fl “Modification” shall mean the altering of the original substance of

6 a grave space.

7 (+53fl4”Prograni” shall mean the LouisianaHistoric CemeteryPreservation

8 Program.

9 (+6) fl) “Unmarked burial site” shall have the same meaning as provided

10 inR.S.8:673.

11* * *

12 §941. Louisiana Historic Cemetery Trust ra Advisory Board; creation;

13 membership

14 A There is hereby created the Louisiana Historic Cemetery Trust rund

15 Advisory Board within the Department of Culture, Recreation and Tourism, office

16 of cultural development, division of archaeology.

17 B,(]) The Louisiana Historic Cemetery Trust Fuud Advisory Board shall be

18 comprised of nine members as follows:

* * *

20 Section)/ R.S. 32:57(G)(2), 171(F)(l) and (2), 175(C)(4), the introductory

21 paragra f412(H)and (H)(l), and 783(0) are hereby amended and reenacted to read as

22 fe1I’s:

23 §57. Penalties; alternatives to citation

24* * *

25 G.

26* * *

27 (2) All proceeds generated by this additional cost shall be deposited into the

28 state treasui-y, AfL wifi. thc of ArtJc VU, &th 9D)

29 aEthCt1tuhoufLazanu Jatv tu th Du,id Sccity adRd1np.rid,

30 SLCIL to nsOJ bwi plaUJ ,. tL statc sIIcLal f.d, ount uqual tu that

Page 5 of 17

Coding: Words which are struck tLouth are deletions from existing law;

words in boldface tyne and underscored are additions.

SB NO. 590ENROLLED

U9JLlblLt.U Q. I.jLtUI..U Ill LLUO OUUabdLLu1I urn Ut. taCutu.u aa1t.t.iai fi.d hccby

cratt.d th at&t t aa to Ut. uS tht. G.catc..1 Ik Otlt.aua Lxj.nt.aa way

Cytrnniaaon Add1tio0lCoat rwid. Thc rnuut.a in tltia fiu1dshall U appiups1Lcd by

t1i.L5talatusc Lu Efic Oilt.auS Eapii.SS Way CuunsusaiQu d s1,1l Ut.

- _. - 1- jg, ..rnnc’n- __1r_lrr — .1

uau U)’ Lut.utlauiannIu aLipylUn.n .Jir;tJnJ:r. t.ULLLLflUUIAfl.t aim

fo t11t. At..LsgpLtjuLI UI upkt.p if AjLl1llLL4Lt. MI and

wtt.ut.a.ubc&cd mumt.s tlta tIntd at tht. und ftht. flst.1l ycai shall tt.titani i11 such

fiS’l’ .- Ii lit •--.-i.Jl..tl. k-tn--.- LI-

a.— as Lan.j A444iJ JLLUfl tJ laYLfllLlOIlLI at tit a1111

_Ifl 1_ jr_p _J l_

•tLLkLUII.i ‘10 4*AUliflO ill Ult. aLULI.. LLUIU UJJLI JJILt.It.L ULIt.L1 VII lilt. IflVtlaUIflIIL UI.

fllUfljt.S aliafl hG t..ditcd to tLs fluid, as&ai, fullowing t.uwpliaia.t. with th

tcqunt.rnLuts fArt1dc VII, Qe.t.t.ou 9(B) of tht. Cunst1tutiol,1clativt. t tht. Bond

C’ t_ IfS.. T’ 51fl__ • •t_jl LI_i•,_• r.

t.UIILy “MU iSt.UVIl1UVLl SUIIU, S flU iliuruUaajJpilJpLlaLUU uFLLF.. iwe.flk.bt.- n...aL..aib

te this P.ragrh h1l uot diaplat.t., rcplacc, splat apIVpLlatlVUs UUlt.iW1t.

inti& fruni Lit. Ld fo1 ticG1aL NGW Orlcana Ehpzt.aa Way Cvnnijiauii.

* * *

§171. Obedience to signal indicating approach to train; reporting violations;

penalties

* * *

F. Any person who violates any provision of this Section shall be fined as

follows:

(1) On first offense the fine shall be not more than two hundred dollars or

imprisonment for not more than thirty days, or both. In addition, the person in

violation shall be required to attend an Operation Lifesaver Course to be given by a

certified Operation Lifesaver presenter within one hundred eighty days after

adjudication of the citation. It shall be the responsibility of the violator to notify the

appropriate court of the successful completion of the Operation Lifesaver Course.

Twenty-five dollars ofeach fine imposed pursuant to the provisions ofthis Paragraph

shall be collected by the court and shall immediately be forwarded to the state

treasurer for deposit in the state treasury. AlL.1 curnpliaiic& *itli tLt. tt.quisc.rnt.uts

ofActa.Ic VhJ G.t.t19(B) of thwCuuatitutiuu ofLc,uaaua, a. au.ou11tt.qual t.. that

Page 6 of 17

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SB NO. 590 ENROLLED

deposited Lb t& alate trcusuty shli b’. de..itcd and .4ited to tla. rtaihoad

Clng-SJt.l)’ Tm1d - usLd pu.suaut h tl1e pitfliaiOss5 of RI]. 40:393.

(2) On second and each subsequent offense, the fine shall not be more than

five hundred dollars or imprisonment for not more than ninety days, or both. In

addition, the person in violation shall be required to attend a one-day safe driver’s

course designed by Operation Lifesaver within one hundred eighty days after

adjudication of the citation. It shall be the responsibility of the violator to noti& the

appropriate court of the successful completion of the Operation Lifesaver Course,

Twenty-five dollars ofeach fine imposed pursuant to the provisions ofthis Paragraph

shall be collected by the court and shall immediately be forwarded to the state

trcasurer for deposit in the state treasury. Aft... ...pliancu Ith tIn.. i.qUit t.’s’wiL of

Atclc. VII, 9(13) of thc Cst1.1tof Ouiiana, an .unvua.t i..qual tu that

dipoatti$ mlii thc statc t.asu1yah.U bc dcos.t14LU and rcd.tcd tu thc Rail. oad

Cussrn Sa&ty Fuud p.uaut to R.Z. 40:393.

* *

§175. Vehicles must yield at raifroad grade crossings; exceptions; penalties for

violations

follows:

* * *

C. Any person who violates any provision of this Section shall be fined as

* * *

(4) No less than twenty-five dollars of each fine imposed pursuant to the

provisions of this Section shall be collected by the court and shall immediately be

forwarded to the state treasurer for deposit in the state treasury. ARe1 complianc

ilh thc. .c..uiccmts ofArticlc VII, 5.cJiu 9(11) of tl. CVL.attX.luun fLObSian,

au unl cqa1 tu that &o1tcd into thc atuL thasy shall bc.d91tcd in and

crcdit4 tu dpi.. Raihuad Cuuadnp 0fctj Pud yuant tu ItS. 40.393.

* * *

§412. Amount of fees; credit or refund; duration of license; disbursement of funds;

renewal by mail or electronic commerce of Class “D” or “E” driver&

Page 7 of 17Coding: Words which are struck throuL are deletions from existing law;

words in boldface type and underscored are additions.I4DE

* * *

H. Each person who takes a test a second or subsequent time, whether written

or driving, which is administered by the office ofmotor vehicles in connection with

an application for the issuance or renewal of a driv&s license shall pay a testing fee.

The fee shall not be refundable. The office ofmotor vehicles shall establish the fee

by rule adopted in accordance with the Administrative Procedure Act. The amount

of the fee shall not exceed ten dollars. The fees collected under the provisions of this

Subsection shall be abJ...a Lu thc foJl115 proViSiuua.

(1) Th. fccs sLll & deposited immediately upon receipt frito the state

treasury.

* * *

§783. Used Motor Vehicle Commission; appointment and qualification; terms of

office; powers and duties

* * *

0. All fees and charges under theprovisions ofthis Chapter shall be collected

and received by the executive director of the commission and dsitd U, hhi1 ,

fu11dL1 Lk1oyi as thc Lai3naUsJ Motor Vclk Coirnpo. rb11d,

Th. piucda .f U.k. f1d shall be disbursed by him at the direction of the

commission in administering and enforcing the provisions of this Chapter.

* * *

SB NO. 590 ENROLLED

licenses; disposition of certain lees; exception1

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Section 6. R,S. 36:209(T) is hereby amended and reenacted to read as follows:

§209. Transfer ofboards, commissions, departments, and agencies to Department of

Culture, Recreation and Tourism

* * *

T. The Louisiana Historic Cemetery Trust Frnd Advisory Board (R.S.

25:940-943) shall be placed within the Department of Culture, Recreation and

Tourism as provided for agencies transferred in accordance with R.S. 36:802.

Section 7. R,S. 37:3390.6 is hereby tided and reenacted to read as follows:

PageS of 17Coding: Words which are sL ak thtuagh are deletions from existing law;words in boldface type aud underscored are additions.l,tfi

Sn NO. 590 ENROLLED

1 Section 5, Notwithstanding any provision of this Act to the contra

2 the payments set forth in Sections 3 and 4 of this Act are made, any money that

3 remains LUlL. Maudfactui.,.d .d MoLilc Ik,1u1..sS...ttk..11...tF.1dshall be deposited

4 in and credited to the state general fund.

0 5 * * *

6 Section 13. R,S. 2:904; R.S. 3:283.2(H), Part II o9hpter 4-A of Title 3. of the

7 Louisiana Revised Statutes of1950, comprised ofa.S7uith/ough 323, and 3391.13; R.S.

8 17:10.3,421.12,2036, and3042.11; R.S. 23:l310J2,Part1I1ofChapter 11 ofTitle23 of

9 the Louisiana Revised Statutes of 1950, comprised of (s. 23:1771 through 1776; R.S.

10 25:933(16), 940 and 942; R.S. 27:270(B); R.S. 29:731; R.S. 30:2417(B) and (C); R.S.

11 32:412(H)(2) and (3), and 783(H); R.S. 33:3006, 476/and 4770; R.S. 37:3119; Subpart H

12 of Part U of Chapter 1 of Subtitle I of Title 39 of Louisiana Revised Statutes of 1950,

13 comprised of R.S. 39:100.11 and 100.12, Subp L of Part U of Chapter 1 of Subtitle I of

14 Title 39 of the Louisiana Revised Statutes of950. comprised of R.S. 39:100.36, Subpart

15 P ofPart U of Chapter 1 of Subtitle I of TiUe9 of the Louisiana Revised Statutes of 1950,

16 comprised of KS. 39:100.71, 100.93, Si9part P-3 of Part U of Chapter 1 of Subtitle! of

17 Title 39 of the Louisiana Revised statutk of 1950, comprised of R.S. 39:100.101, Subpart

18 Q of Part U ofChapter 1 of Subtitlej/of Title 39 of the Louisiana Revised Statutes of 1950,

19 comprised of R.S. 39:100.121, Si1ibpart Q-2 of Part If of Chapter 1 of Subtitle I of Title 39

20 of the Louisiana Revised Stat9sof 1950, comprised of R.S. 39:100.123, Subpart Q-3 of

21 Part U of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,

22 comprised ofR.S. 39:100.124, Subpart Q-4 of Part U of Chapter 1 of Subtitle! of Title 39

23 of the Louisiana Reviled Statutes of 1950, comprised of R.S. 39:100.125, R.S, 39:127,2,

24 2161, and 2165.10; Part LX of ChapterS of Title 40 of the Louisiana Revised Statutes of

25 1950, comprised of R.S. 40:1300.221, and 1300.263; R.S. 46:2609 and 2802; R,S.

26 47:120.81J22.44, 332.15, 332.50, 463.88(F) and (0); itS. 48:393; and R.S. 51:955.5, ..Cj/ ‘4?

27 1262.1, uhd 2315(D) are hàreby repealed in their entirety.mfl

28 Section 14. The state treasurer is authorized and directed to transfer any balances 1/

29 remaining in the fündI repealed and abolished in Sections 1 through 13 of this Act to the

30 state enejpti( W No. s3 JPagel6ofl7

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SB NO. 590ENROLLED

Section 15. This Act shall become effective on Jul 1, 2012; if vetoed by the

2 governor and subsequently approved by the legislature, Gil Act shall become effective on

3 July 1, 2012, or on the day following such approval by a legislature, whichever is later.

PRESID OF TN S ATE

a’

SF AKEROF OUS REPRESENTATiVES

GOVERNOR OF HE S B OF LOUISIANA

APPROVED:

4

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words in boldface type and underscored are additions,

r

hirii ti Z59 ENROLLED

Regular Session, 2012

HOUSE BILL NO. 485

BROWN, CHAMPAGNE, FRANKLIN,GUINN, HILL, HODGES, HONORE, HOWARD,

JACKSON, NANCY LANDRY, LEBAS, LEOPOLD, MOR.ENO, NORTON,RICHARD, SMITH, AND ST. GERMAN


NO EQITSClassification E’ St

to traffic violations; to provide for

overtaking or passing a school bus when injury or death

§80. Overtaking and passing school buses

* * *

(4) Ay pGi Sun c&tJ S vitslutiu thia but,tiuu0Lall b.. UUL kss

.1 - I I-I_Il ItLULm U4-t’ LrninuuU UUILW3 saiL mutt. LflW.flygI1ULLULtUUVULUa Ut nhIptIaUsl..su nu slut

1 - t_t Lt LI -rn r.mUIiLinUrL.& IIIUULUa, UI LJULLJ, Ill LLt.t.UIU1fl..t. Wait Lilt. JJJVIaLLJLZa ut a.’J.

(a Any person who is found Ruilty of or pleads puiltv or nob contendere to

a violation of the provisions of this Subsection shall be subject to the following

(1) Ifthe violation does not result in the injury, serious bodily injury, or death

of another person, the offender shall be fined not less than one hundred dollars nor

more than five hundred dollars or imprisoned for not more than six months, or both,

Page 1 of 3

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BY REPRESENTATIVESGISCLAIR,

THIERRY,ICATRINA

ACT

To amend and reenact R.S.

enhanced penalties

occurs as a

Be it enacted by

and to provide for related matters.

Legislature of Louisiana:

A.

and reenacted to read as follows:

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d shall kavc hia hivcr’3 lcc.c suapcudi.$ lit at.wruant.t. VWIEII LUG piLakU11S is

R.S. 32:4l4(A)(2).

penalties:

are additions,

I-lB NO. 485 ENROLLED

in accordance with the provisions ofR.S. 32:398.2 and shall have his driver’s license

suspended in accordance with the provisions of R.S. 32:4l4(M(2).

(ifl If the violation results in the injury of another person, the offender shall

be fined not less than two hundred dollars nor more than five hundred dollars and

maybe subjected to a driver’s license suspension for a period up to ninety days. or

both.

(iifl If the violation results in the serious bodily injury of another person, the

offendershall be fined notless thanfivehundred dollars normorethan one thousand

dollars and may be subjected to a driv&s license susnension of a period up to one

hundred eighty days. or both.

(iv) If the violation results in the death of another person. the offender shall

be fined not less than one thousand dollars nor more than five thousand dollars and

may be subjected to a driver’s license suspension for the greater of a period up to

three hundred sixty days or as provided i itS. 32:414(A)(2’), or both./

(b) In addition to the fines and penalties set forth in Items (aXii’), (iii). and

of this ParanpI,jyboever is responsible for these violations shall be subject to(iv’)

the following penalties:

(1) If the violation results in the injury of another nerson, the offender may

be imprisoned for not more than six months.

(ii) If the violation results in serious bodily injury of another person as

defined in Subparagraph (c) of this Paragraph, the offender may be subjected to

imprisonment up to six months.

(iii) If the violation results in the death of another person. the offender may

be subject to imprisonment up to twelve months.

Page 2 of 3

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(c For purposes of this Paragraph, “serious bodily injury” shall mean a

bodily injury which involves unconsciousness, extreme physical pain, or protracted

and obvious disfigurement yrotracted loss or impairment ofthe fimetion ofa bodily

member, organ, or mental faculty, or a substantial risk of death.

* * *

GOVERNOR OF T STATI LOUISIANA

APPROVED: (

Page 3 of 3

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PRESyENTO71sENATJ,


NO EDITSclassitication t? S. 37...

certain highways; to provide for method of

left-turn lanes; and to provide for related

matters.

Be it enacted by the

Section 1. to read as follows:

683. Driving on highways with two-wayleft-turn lanes and dedicated left-turn lanes

A.(1) The departmentmay designate two-wayleft-turn lanes alonasegments

of highways and may designate dedicated left-turn lanes on highways at

intersections.

(21 A highway with two or more lanes in each direction and with a

designated two-way left-turn lane shall be considered a divided highway with

separate roadways.

(3) A two-way left-turn lane is a lane near the center of the highway for use

by vehicles making left turns in both directions to and from connections on both

sides of the highway. At an intersection, the department may designate the two-way

left-turn lane as a dedicated left-turn lane.

BAll A vehicle shall not be driven in a two-way left-turn lane for more than

two hundred feet while making a left turn from a highway or when makina a u-turn.

(2) A vehicle shall not be driven in a two-way left-turn lane for more than

two hundred feet while making a left turn onto a highway and merging into the

adjacent lanes of travel.

(3) A vehicle shall not be driven in a two-way left-turn lane for more than

two hundred feet to reach a dedicated left-turn lane at an intersection.

Page 1 of2

CODING: Words in d.uck hhtype are deletions from existing law; words underscoredare additions.

ENROLLED


HOUSE BILL NO. 1135

BY REPRESENTATiVE BILLIOT

To enact R.S. 32:83, relative toa

of Louisiana:

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HB NO. 1135 ENROLLED

C. A vehicle in a dedicated left-turn lane at an intersection shall turn at the

intersection only as designated by nosted pavement marking, signing, or traffic

APPROVED:______

Page 2 of 2

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signal indication,

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0. Vehicles shall not be driven across dedicated left-turn lanes at

left-turn lane.

intersections or across areas delineated with pavement markings consisting of solid

lines and filled in with diagonal striving. A vehicle may be driven across a two-way

SPEAKER 0 THE tOUSEO7EPRESENTATIVES

OZvLnwA

TATEO17UISLANA

/


NO EDITSci ii v


NO EDITSClassification 1? S


NO EDiTSClassitication R 6. 3 5

rrLa. State Law Institute

PRINTER’S COPYNO EDITS

Classification f? .5, 90

— CorjK’ -— ivtrrt


NO EDITSClassification ‘

- Cor%, pp 1-3) ta-S


NO EDITSClassification 32.

- CV?%I

,qc_-r :iZoIZ jcc. 5t5

1W

LsI F — ENROLLED


HOUSE BILL NO. 54 La. State Law InstituteBY RBPR.ESENTATWE DANAHAY Edits To:

PRINTER’S COPY

Note: 58e Z 5t-LEET M-k’d

J I /2 To amend and reenact R.S. 3:2004, 4222(C)j and 4674(F), itS. th084 1164, and 1413,

I3 R.S. R.S. 14:403,6(A), f..5. S808(G). 2048.31(B), 2048.32(q,

4 3139.5(3)(a), 3201(A) and (B)(1/ 3202(1), 3351.1 1(D)(3), 3973(introductory

5 paragraph), (1)(e), and ()(b)(i) anL (ii), 3991(F), 3995(B), and 4001 CA) and (C)(1),

6 (2), and (4), R.S.23?43 1203.lqb(introductory paragraph), and 1294{A)(1), R.S.

7 jg6(C)(3), 513(A)(4) bid (5)(A)Cii) and (F), R.S. 28:821(C) and 824(A) and (C),

8 R.Sa123(B)and (D),. 143(A (5) and (6), 175(A), 213, 215, and 234(A)(1), R.S.

9 33:41d’9.I(G), R.S.36:3(4), 4 )(1)(aa) and (ee), (6)(a), and (18), (F), (L), (N), (U),

10 and QQ, 4.1(D)(9) and 15), 3(A), 109(N), 201(C)(1), 209(B)(1)(a), (C)(1), (F),

11 (H)(1), (4), (5), (6), (lOj, an (11), (J), (IC), (L), (I’vI), (N), (0), (Q), (S), (T), (U),

12 (W)(2), and (X), 239(BX1), ), and (6) and (B), 259(E), (F)(9), (10), (16), (18), and

13 (21), (G), (I)(5), (J)(1), aid )(1), (I’vi), (03, (1’), (U), (W), Q, (BB)(1), (CC), and

14 (GG), 309(B), (C)(1), and ), 359(D), (J), (K), and (L), 409(B), (C)(1), (2), (4), (5),

15 and (8), (1)), (B), (F) ( ), (H), (J), (L), and (0), 459(B), (C), and (H),

16 474(B)(1)(a)(introductoryp agraph) and (1), 475(A), 478(F), (H)(3) and (4), 509(C),

17 (F)(2), (3), and (8), (H), (IC, (L), (Iv!), (0), (03, (R), (5), and (T), 610(B)(1), (10),

18 and (11), (B), (F), (H), (1), ), (L), and (N), 629(C)(5), (6), and (8), (0), (B), (F),

19 (5), (H), (J), (K), (L), and 1N), 643(A) and (C), 651(B), (C), (0), (B), (Ii), (L), (M),

20 (P), (U), ()Q, (Y), (Z), an (BB), 686(A)(2), (3), and (5), (B), and (F), 706(B) and

21 (C), 725(A), 744(E), (H)/(I) (J), (03, (T), and (tJ), 769(C), (D)(1), (2), (4), and (6),

22 (F), (H), (1), and(L), 802/infroductorYParara1Jh) 802.6, 802.9, 803(A)(1), 851(A),

23 901(A), 918, and 921(Aa, R.S. 37:3103(A)(3.1) and 3134, R.S. 39:1593.1(B), itS./ Ii

24 40:2009.1(C)(2)(d), L. 42:1 7(A)(9), 66(C), ii 19(C)(3), and 1123(12) and (14), and

Page 1of63

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RB NO. 954 ENROLLEDI

KS. 56:1699(C)(inftoductory paragraph), to enact R.S. 36:4(B)(14) and (H),we / ‘a

4.1(D)(16), 239(C), 259(D), 309 and (0), 409(1), (P), and (Q), 459(D), 478(M),

629(R), 651(S), and 686(0), and4orepeal R.S. 17:3138, ChaRter 10 of Title 25 of

the Louisiana Revised Statutes pf 1950, comprised ofR.S. 2:571 through 576, R.S.I

25:802(3), (4), (10), and cij5, R.S. 35:396, R.S. 36:4.1(D)(18), 53(E), 109(A),a

209(A), (H)(9) and (14), 1d (AA), 239(A) and (B)(3) and (5), 259(A), (C)(24),

(E)(22), (F)(8), (15), and fhl9) and (1X4), 309(A) and (C)(3), 359(A), 408(B)(3),

409(A) and (fl(2), 459(A)/478(A) (B), and (HX8), (9), (10), and (11), 509(A), (13),

(F)(l), and (G), 610(A)/629(A) and (C)(4), 650(B), 651(A), (IC), (N), and (V),I V

744(A), 769(A), (D)(3 and (5), (13), and (IC), 802.4, and 802.8, R.S. 37:3601,we

Chapter 30 ofTitle 40 the Louisiana Revised Statutes of 1950, comprised ofR,S.

40:2801 through 280, and Act NoWW8’5f9he 1960 Regular Session of the

/Legislature, relative tp the various provisions of the Louisiana Revised Statutes of

1950; to provide fr various technical corrections in provisions of the statutes,

including correcti a in legal citations, corrections in names of agencies, officers,

and other entitie removal of references to agencies and other entities that have

otherwise repealed or no longer exist, and conforming changes to clarify

potentially language; and to provide for related matters.

Be it enacted by Legislature ofLouisiana:

Secti . R.S. 3:2004, 4222(C), and 4674(F) are hereby amended and reenacted to

read as

§2004, Scrub bull defined

For the purpose of this Part the term “scrub bull” means any bull not entitled

to pedigree or registration, as such terms are ordinarily understood in registry

associations, societies, or companies recognized by the United States Department of

Agriculture and approved by the Louisiana f3tatc Ligstuk Sanitny Board 2!

Animal Health.

* * *

§4222. Federal and state cooperation; designated authority

* * *

Page 2 of 63

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1113 NO. 954 ENROLLED

1 the yrovisions of the Develoymental Disability Law IRS. 28:451.1 et sea.), the

2 Individuals with Disabilities Education Act (P1. 108-446). the Comprehensive

3 Mental Health Plan Act of 1986 (P.L. 99-660), and ith other activities of the

4 Louisiana Stat 1’L..ii.. Coail On Developmental Disabilities Council (R.S.

5 28:750 etseq.).

6 * * *

7 Section 9. R.S. 33(B) and (I)), 143(A)(5) and (6), 175(A), 213, 215, and

8 234(A)(l) are herebypiaded and reenacted to read as follows:

9 § 123. Stop signs and yield signs; penalties for violations

10* * *

11 B, Except when directed to proceed by a police officer or traffic-control

12 signal, every driver and operator of a vehicle approaching a stop intersection

13 indicated by a stop sign shall stop before entering the *Jk crosswalk on the

14 near side at a clearly marked stop line, but if none, then at the paint nearest the

15 intersecting roadway where the driver has a view of approaching traffic on the

16 intersecting roadway before entering the intersection. After having stopped, the

17 driver shall yield the right of w€sy right-of-way to all vehicles which have entered the

18 intersection from another highway or which are approaching so closely on said

19 highway as to constitute an immediate hazard.

20 * * *

21 0. The driver or operator of a vehicle approaching a yield sign shall slow

22 down to a speed reasonable for the existing conditions, or shall stop if necessary,

23 before entering the LuoS walk crosswalk on the near side ofthe intersection or, in the

24 event there is no walk crosswalk, at a clearly marked stop line, but ifnone, then

25 at the point nearest the intersecting roadway where the driver has a view of

26 approaching traffic on the intersecting roadway. Having slowed or stopped in this

27 maimer, the driver shall yield the right ufwy right-of-way to any pedestrian legally

28 crossing the roadway on which he is driving, and to any vehicle in the intersection

29 or approaching on another highway so closely as to constitute an immediate hazard.

30 * * *

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HR NO. 954 ENROLLED

1 § 143. Stopping, standing or parking prohibited in specified places

2 A. No person shall stand, or park a vehicle, except when necessary to avoid

3 conflict with other traffic, or in compliance with Law or the directions of a police

4 officer or traffic control device, in any of the following places:

5* * *

6 (5) On a oss-wa& crosswalk;

7 (6) Within twenty feet of a ...s Jk crosswalk at an intersection;

8* * *

9 §175. Vehicles must yield at railroad grade crossings; exceptions; penalties for

10 violations

11 A. Thó driver or operator of a vehicle approaching a rail-highway grade

12 crossing identified by the presence of a railroad cross buck sign shall slow down to

13 a speed reasonable for the existing conditions, or shall stop if necessary, before

14 entering the OSa .acrosswalk on the near side ofthe intersection or, in the event

15 there is no t.tuSS a crosswalk, at a clearly marked stop line, or ifnone, then at the

16 point nearest the intersecting rail of such railroad where the driver or operator has

17 a clear view of any approaching train. The driver or operator shall listen and look

18 in both directions along such track for any approaching train and for signals

19 indicating the approach of a train. Having slowed or stopped in this manner, the

20 driver or operator shall yield the igLt f way right-of-way to any approaching train

21 and then shall proceed only upon exercising due care and upon being sure that it is

22 safe to proceed.

23* * *

24 §213. Crossing at other than cross walks crosswalks

25 A. Every pedestrian crossing a roadway at any point other than within a

26 marked cros a crosswalk or within an unmarked uSa walk crosswalk at an

27 intersection shall yield the right of way—riaht-of-wav to all vehicles upon the

28 roadway.

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are additions.

HE ND. 954 ENROLLED

1 B. Between adjacent intersections at which traffic-control signals are in

2 operation pedestrians shall not cross at any place except in a marked ..c,ss wJk

3 crosswallc.

4 * * *

5 §215. Pedestrians to use right half ofuss-wJks crosswalks

6 Pedestrians shall move, whenever practicable, upon the right half of .soss

7 walk,crosswallcs.

8* * *

9 §234. Flashing signals

10 A. Whenever an illuminated flashing red or yellow signal is used in a traffic

11 sign or signal, it shall require obedience by vehicular truffle as follows:

12 (1) FLASUNGRED (STOP SIGN.AL)—When ared lens is illuminated with

13 rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest

14 GpuSs-Walk crosswalk at an intersection or at a limit line when marked, or, if none,

15 then before entering the intersection, and the right to proceed shall be subject to the

16 rules applicable after making a stop at a stop sign.

17* * *

18 Section 10. R.S. 33:4169.1(G) is h ed and reenacted to read as follows:

19 §4169.1. Municipal and parish authority over collection and disposal ofgarbage and

20 trash; franchising, permitting, and licensing; assessment and collection of

21 service charge

22* * *

23 G. The power to permit or regulate solid waste collection, transportation,

24 processing, recovery, and disposal, granted herein to parish andmunicipal governing

25 authorities, shall not preemptregulatory and licensing authority ofthe

26 Cuattyl Co”.’ I!Siuu t6 Ui]1IC Of.auVliuum...ptal 1Thi., DarL1cntoflJ4.J

27 Rcsuurces secretary of the DeDartment of Environmental Quality, pursuant to R.S.

28 30:2001, etseq.

29* * *

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}Thhi’

NB NO. 954 ENROLLED

a,

1 Section 17. R.S, 17:3 138, Chapter 10 of Title 25 ofthe41ouistana Revised Statutes “

2 of 1950, comprised ofR.S. 25:S7lthrough 576, andR.S3W52(3), (4), (10), and (11), R.S.

/ At3 35:396, ItS. 36:4.1(D)(18), 53(B), 109(A), 2O95yAH)(9) and (14), and (AA), 239(A) and

4 (B)(3) and(S), 259(A), (C)(24), (E)(22), (fl}&yt1 5), and (19), and (1X4), 309(A) and (C)(3), °

5 359(A), 408(B)(3), 409(A) and (J)S )4’9(A), 478(A), (B), and (HX8), (9), (10), and (11),

6 509(A), (B), (F)(1), and (G),r6&), 629(A) and (C)(4), 650(B), 65 1(A), (K), (N), and (V),

z7 744(A), 769(A), (13 (3and (5), (B), and (K), 802,4, 802.8, R.S. 37:3601, and ActNo. 16 of

S the 1flSeion ofthe Legislabre are hereby repeed in thflrety.

9 Section 18. Chapter 30 of Title 40 o gigsian11ised Statutes of 1950,

10 comprised ofR. .4th28OLhr igh2 33,is hereby repealed in its entirety.

11 Section 19. It is the intent of the legislature in enacting thisA9pttCActs that Z\

12 ( originated as House Bills Nos. 94,372,373,565,626, and 64032ateBills Nos. 62, 87,

13 249, 314, 315, and 384, all of which re-create de! ierlof the executive branch of state

14/ “7 government and statutory entiti,3p4rpt of such departments by law, shall not ‘

15 ( supersede th provisio -ofthis Act, and such Acts shall not have the effect of continuing

16 authority repealed by this Act.

17 Section 20(A) Sections 1 through 17 and39iid of this Act and this Section

18 shall become effective on July 1, 2012j,Jf’1 Act is vetoed by the governor and

19 subsequently approved by th,jgia1 e,Sections 1 through 17 and Section 19 of this Act

20 and this Section53]J_l1Scome effective on July 1, 2012, or on the day following such

21 aPf,LbY’t1eislature. whichever is later.

fr 99 Rr 9H see rs. 3 +

37Z t cT 112

3’73> flcr999ACT i&s [see - cj9j

><

9O -t flcr 7

SB A

1z315,

AcT (,Page 62 of 63

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Fm NO. 954 EOLLED

rh 1 (B) Section 18 of this Act shall become effe e on September 1,2012.

/SPEAKER 0: B3 HOUSE OF REPRESENTA’EftES

PRB7NTOF 7S117TE ,%/f

APPROVED:

OF THE STTE OFL71ANA

WI

‘1a

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are additions,

APPROVED:________

PRESuDWP.OF THE9ENATE

SPEAKE>d6y41E6tUff7’REPRES ENTATIVES

/ (11111GO)EREOR fJ THE 47/kTE OF LOumIANA

/

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gz%CT4ki_Regular Session. 2 12

SENATE BILL NO. 483

BY SENATOR PERRY

AN

ENROLLED


NO EDITSClassification R. S. 3 t.

to authorize operation of golf carts on

Parlq and to provide for related matters.

To enact R.S. 32:127.2, relative to

roadways within Palmetto Island

Be it enacted by the Legislature of

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127.2. Golf carts: Palmetto Island State Paric

as follows:

A. Notwithstanding any law, rule, or regulation to the contrary, a golf

cart may be operated between sunrise and sunset on the roadways within the

boundaries of Palmetto Island State Park by any operator who is in possession

of a valid driver’s license and liability insurance.

B. For the purposes of this Section, the provisions of R.S. 32:53(D), 261,

and ChapterS of this Title shall not apply, and golf carts shall not be considered

a vehicle for purposes of definhiE as referenced in Part V of

Chapter 1 of this Tide.

oak

ins

Regular S ssion, 2012 ENROLLED

SENATE BILL NO, 582

BY SEN TORS GALLOT AND GARY SMITH


NO EDITSClassification R . S. 31..

2 To amenu and reenact R.S. 32:1 alive to motorcycles; to provide relafive to

3 h dlebars on motorcp , and to provide for related matters,

4 Be it ena9ted by the Lelire of Louisiana:

5 St1ction 1. .S. 32:191,3(B) is hereby amended and reenacted to read as follows:

6 §191.3. Footrestsandhandlebars

7 * * *

8 B. No person shall operate any motorcycle with handlebars juG.., than fifL

i. lnslit aLuv. th portly.. fLbt.. s..at uccut..d b, thc op..aatcn that require

10 th)e hands of the operator to be above the operator’s shoulder height when the

1! operator is sittine astride the seat and the operator’s hands are on the

12 Wnd1cbar erips.

/4—p7’s F THE SENATE

/ SPEE?ROF THYJSEOFyPRESENTAT1VES

// GOVERNOR THE S E OF LOUISIANA

/APPROED: QØWIDIIIIL

Page! of IC )ding: Words which are struck thugh are deletions from existing law;w )rds in boldface type and underscored are additions.

PQ&” a’-Regular Session, 2012

HOUSEBItLLNO. 197

BY REPRESENTATWES HENRY BURNS AM) WILLMOIT

ENROLLED


NO EDITSclassification FR. S . 37.

,, relative to seat belts; to require all

a seat belt; to prohibit a driver from

a motor vehicle has seat belts; and to provide for

of Louisiana

1(A) and (B) are hereby amended and reenacted to read as

§295.1. Safety belt use; tags indicating exemption

A.(l) Each driver of a passenger car, van, snorts utility vehicle, or truck

having a gross weight often thousand pounds or less, conunonly referred to as a

pickup truck, in this state shall have a safety belt properly fastened about his or her

body at all times when the vehicle is in forward motion. The provisions of this

Section shall not apply to those cars, vans, sports utility vehicles, or pickups

manufactured prior to January 1, 1981.

(2) A person operating or riding in an autocycle shall wear seatbelts while

in forward motion.

(3’ Each driver ofa passenger car, van, sports utility vehicle, or truck having

a gross weight of ten thousand pounds or less, commonly referred to as a p1ckuri

truck, shall not transport more persons than there are safety belts available in the

vehicle.

B. Except as provided by R.S. 32:295 for children under the age of thirteen

or as otherwise providedbylaw, each occupant ofapassenger car, van, sports utility

vehicle, or truck having a gross weight often thousand pounds or less, commonly

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To amend and reenact R.S.

passengers in motor

transporting more p1

related matters.

Belt enacted by the

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referred to as a pickup thick, in this state shall have a safety belt properly fastened

about his or her body at alt times when the vehicle is in forward motion, fa b12t

_._-_..___ i_——I_ —

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nI auLi5apa ilna Ut.UAL VIUU U) LLLU J.flU.ULSflfl,LUi’L.

* * *

APPROVED: SWS17411GOVERNOR OFTH7ATE7OUISIANA

/

/

(.


NO EDITSClassification R .5. I S

To amend and reenact R.S. 32:295.1(G1( ) and to enact R.S. 15:571.1 l(A)(1)(d) and R,S.‘at / ‘1St

32:295.1 (G)(3), relative to Ø11isposition offines collected forsafetybeltviolations;

to provide for an addi1 penalty for safety belt violations in Orleans Parish; to

provide for theusp4undsreceived from that assessment; and to provide for related

matters.

Be it enacted by e Legislature of Louisiana:

Sectipu 1. R.S. 15:571.1 1(A)(1)(d) is hereby enacted to read as follows:

§571.11. Dispositions of fines and forfeitures

* * *

(d) Notwithstanding any otherprovision oflaw to the contrary, the additional

penalty collected for safety belt violations occurring in Orleans Parish shall be

deposited into the indigent defender thnd in accordance with R.S. 32:295.1(GY2).

* * *

* * *

(2) Any person who violates the provisions ofthis Section in Orleans Parish

shall have an additional twenty dollar penalty assessed for each violation. The hinds

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413Regular Session, 2012

HOUSE BILL NO. 718

BY REPRESENTATIVE WESLEY BISHOP

ENROLLED


NO EDITSciassitication-_S- • 5 St

A.(l)

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Section 2. R.S)?295.1(G)(2) is hereby amended and reenacted and R.S.

32:295.1(G)(3) is h,pby enacted to read as follows:

§295.1. Safety belt use; tags indicating exemption

* * *

G.

NB NO. 718 ENROLLED

collected yursuant to the provisions of this Paragraph shall be deposited in the

indigent defender thnd nursuant to the yrovisions of R.S. 15:571.11 (A)(l )(cfl.

(2)ffl Notwithstanding any contrary provision of law, no other cost or fee

shall be assessed against any person for a violation of this Section.

APPROVED:

___________

* * 4:

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SPEAKER OF THE OUSE OF RSENTAT1VES

PRESIDENT OF TJSEN,2y,/

LOUISIANA

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ENROLLED


HOUSE BILL NO. 162

BY REPRESENTATiVE GISCLAIRLa. State Law Institute


Classification 5. 32

1 ANCT

2 To amend and reenact R.S. 32:301, rW to motorvehicles; to provide that lighted lumps

3 are required to be us bile driving through a tunnel; and to provide for related

4 matters.

S Be it enacted b e Legislature ofLouisiana:

6 S ‘on 1. itS. 32:301 is hereby amended and reenacted to read as follows:

7 §301. When lighted lamps are required

8 . Every vehicleupon ahighway within this state shall display lighted lamps

9 and illuminating devices as hereinafter respectively required for different classes of

10 vehicles subject to exception with respect to parked vehicles at any of the following

11 times:

12 (1) At any time between sunset and sunrise.

13 (2) When, due to insufficient light or unfavorable atmospheric conditions,

14 persons and vehicles on the highway are not cLearly discernable at a distance of five

15 hundred feet ahead.

16 (3) When moisture in the air or precipitation necessitates the continuous use

17 of windshield wipers.

18 (4) Whiledrivinginatunnel.

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HBNO. 162 ENROLLED

Any person found in violation of thh PoEaph Subsection A of this

Section may be fined not more than twenty-five dollars. No court costs shall be

assessed in additionto the fine authorized bythis-Pnraaph this Section. Violations

of the provisions of ths Paragraph this Section shall not be considered moving

violations.

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are additions.

OF LOUISIANA

AC1TZ4&aRegular Session, 2012 ENROLLED

SENATE BILL NO, 138

BY SENATOR ALLAN


NO EQITSClassification ft S. 32.

To amend and reenactR.S1la,(B’!ati4,e

to special permits; to provide relative to

special permits for vehic)esh,4ing sugarcane; and to provide for related matters.

if /Be it enacted by the LegislatureyfLpdisiana:

Section 1. R.S. 32:3,i’(é) is hereby amended and reenacted to read as follows:

§387.7. Special permits; vehicles hauling sugarcane

* * *

B. Beginning August 1, 2012, the secretary shall not issue any J!, annual

special yCLirntS permit pursuant to the provisions of this Section to any owner or

operator of a vehicle hauling sugarcane who has not added an additional single axle

on the sugarcane trailer for a total ofsix axles for the vehicle and trailer combination.

The provisions of this Subsection shall not prohibit the secretary from issuing

APPROVED:________

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an annual special permit to any owner or operator of a vehicle hauling

su2arcane pursuant to the provisions of any other Section.

n—i

[‘DC

nr

ACTRegular Session, 2012

SENATE BILL NO.79

BY SENATOR MORR.ISH

r72.3ENROLLED


NO EDITSClassification i . S 3Z_

trucks hauling concrete or construction aggregates;

concrete trucks to exceed licensed gross vehicle weight under

;; and to provide for related matters.

the Legislature of Louisiana:

Section 1. R.S. 32:388(B)(l)(b)(iv) is hereby enacted to read as follows:

§3 88. Penalties; payments

* * *

B.(l)(a) * * *

(b)(i) * * *

(iv Effective from August 1. 2012. through July 31. 2014. no truck hauling

To enact R.S.32:3 ss(B)mcb)(iv),

certain

Beit

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ready.mixed concrete shall be assessed a penalty for exceeding its maximum

permissible gross weight, as determined by law, provided the total excess weight is

ten percent or less of such truck’s maximum permissible gross weight, such truck

contains a certificate evidencing its most recent mixer chip-out of build-up occurred

within the previous ninety days, such truck does not exceed the posted load while

crossing a posted bridge, such truck is not operating on the interstate system, and

no tire on such truck exceeds its tire weight rating. If such truck’s total excess weight

is greater than ten nercent of its maximum permissible gross weight as determined

by law, such truck shall be assessed a penalty calculated on the total amount by

which the truck’s weight exceeds its maximum permissible gross weight as

determined bylaw. For the purposes of this Item, a “ready-mixed concrete truck”

is defined as a vehicle designed exclusively to transport or manufacture ready-mixed

concrete and includes a concrete pump truck engaged in hauling ready-mixed

Page 1 of2

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words in boldface type and underscored are additions.‘ma

of 2

ENROLLED

Coding: Words which are atid...k thugJ are deletions from existing law;

I

9

SB NO.79

concrete.

* * *

PRESIDkNt/OYTHSE ATE

fl4

OF

words in boldface tvue and underscored are additions.‘Its

ACT 13(2Regular Session, 2012

HOUSE BILL NO. 633

BY REPRESENTATIVE ST. GERMAIN

To amend and reenact R.S. 32:390(5lative to commercial motor vehicles; to provide

relative to the Weigh-iiqyl6’tion System; and to provide for related matters.

Be it enacted by the Legisi e of Louisiana:

Section 1. R.9A2:390(C) is hereby amended and reenacted to read as follows:

§390. Weigh-In-Motion (WIM) System

* * *

C. All tracks attempting to bypass weigh station facilities using certain off

ramp bypass routes will be screened and monitored by a Weigh-In-Motion (WIM)

Photo Enforcement System. Trucks which do not exit to the weigh station shall be

weighed and classifiedby a highly accurate Sh.gk. Load CU Weigh-In-Motion

(WIM) Photo Enforcement System. As trucks traverse the Weigh-Tn-Motion (WIM)

site a camera will capture an image of the truck and match it with the truclCs weight.

Its images shall be captured and stored by the Roadside Weigh-In-Motion (WIM)

Electronics and shall be transmitted to the central office station computer via a

communication modem. At the central office, a station computer with monitor will

display the image of the violating truck, with the trick’s gross weight indicated on

the screen. This image can then be printed us..g . laa p.h1tcr locatJ in the central

office and used for enforcement purposes.

ENROLLED


NOrcS3t—

Classification

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ORESATIX’ES

(Nnn &4t/

GOVERNOR OF

2z*t- g?iq/i-t.APPROVED:

/UISIANA

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7 ACT

To repeal R.S.41j2.1,tiøto motor vehicles; to repeal the prohibition on the

impoundment,9’ffi’otorvehicles in certain circumstances.

Be it enacted by/Legislature of Louisiana:

Section 1. R.S. 32:392.1 is

AcTRegular Session, 2012

HOUSE BLLLNO. 1053

BY REPRESENTATiVE GAROFALO

ENROLLED


NO EDITSClassification R . S . 32-

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I.

APPROVED:

LOUISIANA

Page 1 ofl


SENATE LILL NO. 667

BY SENATOR GARY SMITH


NO EDITSClassification r . 6. 32.

1

2 To amen1 and reenact RS. 32:4o’(A)2&a) and the introductory paragraph of

3 40°.1(A)(2), relative to driver educapon; to proiide relative to the requirements for

4 driver education for persons who a less than eighteen years of age and for persons

5 who are eighteen years of ag or older; to provide relative to classroom instruction

6 ank actual driving instru,tlmn; and to provide for related matters.

7 Be it enacted by the Legisl9of Louisiana:

8 Section 1. ltS)I02. 1(A)(1)(a) and the introductory paragraph of402. 1 (A)(2) are

9 hereby anjended a”ceenacted to read as follows:

10 §402.1. Driver education; required

11 A. No application for a license for the operation of a motor vehicle shall be

12 re eived from any person making application for the first time unless there is also

13 submitted with the application, on a form approved by the secretary of the

14 D partment of Public Safety and Corrections, public safety services, written

15 eJidence of the successful completion by the applicant of one of the following:

16 (1)(a) A “driver education course” for1L4any person under the age of

17 11t11 eighteen, which shall consist ofnot less than eight hours of actual driving

18 in truction and thirty hours ofclassroom instruction. A person shall not be allowed

19 to, receive more than four hours of actual driving instruction on any single

20 calendar day. The Department of Public Safety and Corrections, public safety

21 services, shall establish rules and regulations to administer and define the

22 requirements of the course. The rules and regulations established by the Department

23 o1Public Safety and Corrections, public safety services, shall provide for instruction

24 relative to the economic effects of littering. Oversight review of these rules shall be

Page 1 of2Cpding: Words which are stru± th1uL are deletions from existing law; -


SB NO. 667 ENROLLED

1 cJducted by the House and Senate committees on transportation, highways and

2 Pu lic works in accordance with the Administrative Procedure Act.

3* * *

4 (2) A “prelicensing training course” from any person aevcflLjju eighteen

5 years or older if a driver education course is not completed. The prelicensing training

6 co rse shall consist of a minimum of six hours of classroom instruction and a

7 mikzimum of ei2ht hours of actual driving instruction, A person shall not be

8 allowed to receive more than four hours of actual driving instruction on any

9 shLaie calendar day. TheDepartment ofPublic Safety and Corrections, public safety

10 serices2 shall establish rules and regulations to administer and define the

11 re7uirements ofthe course. Oversight review of these rules shall be conducted by the

12 Huse and Senate committees on transportation, highways and public works in

13 acbordance with the Administrative Procedure Act. The rules shall provide for:

14

PRESIDE F THE SENATE

SPEER OF THE HOUSE 6t&IPRESENTATIVES

//__________________

/ GOVERNOR THE st E OF LOUISIANA

APPRO ED;

_______

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I

_


SENATE BILL NO.77

BY SENATORS GALLOT, GARY SMITH AND WALSWORTH


NO EDITS• Classification t2 . S . 32.

1,/ /

2 To amend and reenact R.S. 32:4023(C) ancl’408(C)(1), relative to motorcycle endorsements

/3 on drivers’ licenses; to provie that persons meeting certain qualifications are not

/4 required to take a written-knowledge test to obtain an “M” endorsement on a driver’s

5 license; and to provide for related matters.

6 Be it enacted bYWLegislature of Louisiana:

7 Se9oui’i. R.S. 32:402.3(C) and 408(C)(1) arehereby amended and reenacted to read

8 asfblltnvs:-F

9 §402,3. Motorcycle Safety, Awareness, and Operator Training Program; fund

10 * * *

11 C. Participation in the program shall be voluntary for any person who meets

12 the qualifications of the Department of Public Safety and Corrections to apply for a

13 motorcycle operator’s endorsement. Those persons who satisfactorily complete the

14 program shall receive a motorcycle operator’s endorsement without the necessity of

15 taldng a written knowledee test or an operator’s skill test.

16 * * *

17 §408. Examination of applicants required; classes of licenses

18 * * *

29 C.(1) Motorcycles, motor driven cycles, and motorized bicycles shall notbe

20 given a separate class, as such, but their use shall be provided for by making an

21 endorsement on one of the basic classes outlined in this Section, Such an

22 endorsement shall be made only after the applicant has taken and successfully passed

23 tests specifically designed for the operation ofsuch vehicles. No written knowledee

24 test or operator’s skill test shall be required if an applicant has successfully

Page 1 of2Coding: Words which are shk tk.aLbl. are deletions from existing law;words in boldface tvne and underscored are additions.

SB NO.77 ENROLLED

completed the Motorcycle Safety, Awareness, and Operator Training Program

2 provided in R.S. 17;282 32:402.3.

3**

PliES ‘OFTHES ATE

SPEAflROF THE&RESENTATS

// I/OOVERNOR 0 THE SflrE OF LOUISIANA

/7 1

APPROVED:_______

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NO EDITSClassification g. s. 32.

commercial motor vehicle drivers; to

for commercial driver’s licenses to make certain

of Louisiana:

Section 1 ./R.S. 32:403.4(A) is hereby amended and reenacted to read as follows:

§403.4. Medical evaluation report required ofpersons driving a commercial motor

vehicle

A.ffl A person applying for a Class “A”, “B”, or “C” commercial driver’s

license shall not have any physical or mental disability affecting the ability to

exercise ordinary and reasonable control in the operation of a commercial motor

vehicle. Such person, unless exempted by the office ofmotor vehicles or by a rule

or regulation, shall provide a current medical report, on a form approved by the

office of motor vehicles, prepared by a duly licensed medical examiner, certi’ing

that he is capable of exercising ordinary and reasonable control in the operation of

a commercial motor vehicle. Such person shalt submit a valid medical report at

every renewal and shall carry a current medical certificate on his person at all times

when driving a commercial motor vehicle requiring either a Class “A”, “B”, or “C”

commercial driver’s license as defined herein.

(2) A person applying for a commercial driver’s license shall certify one of

the following:

(a) Non-excepted interstate. That he operates or expects to operate in

interstate commerce, is subjeetto audmeets the qualification requirements of49 Part

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HOUSE BILL NO. 668

BY REPRESENTATIVE ST. GERMAN

ENROLLED

To amend and reenact R.S. 32:

require persons

certifications;

Be it

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CFR. 391, and is required to obtain a medical examiner’s certificate as required by 49

CFR 391.45.

(13) Excepted interstate. That he operates or expects to operate in interstate

commerce, but engages exclusively in transportation or operations that are exemnted

from the qualification requirements of49 CFRPart39I pursuantto 49 CFR39O.3(f).

391.2,391.68, or398.3, and is therefore not required to obtain amedical examiner’s

certificate by 49 CFR 391.45.

(c) Non-excepted intrastate. That he operates only in intrastate commerce

and therefore is subject to state driver qualification requirements.

(d Excepted intrastate. That he operates in intrastate commerce but engages

exclusively in transportation or operations excepted from state driver qualification

requirements.

* * *

GOVERNOR OF THE/

/4.glk ekdi

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APPROVED:

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HOUSE BILL NO. 586

BY REPRESENTATIVE ST. GERMANLa. State Law Institute


Classification it S. 32.

To amend and reenact R.S. 32:40),tIive to age requirements of Class “E” driver’s

license; to increase which a person must submit a signed statement

attesting to supervisefr&iving practice; and to provide for related matters.

Be it enacted by the LejjSture of Louisiana:

Section 1. 4. 32:405.1 is hereby amended and reenacted to read as follows:

§ 405.1. Age requirements

Subject to R.S. 32:407, a Class “E” driver’s license or a Class “0” chauffeur’s

license shall be granted to a person seventeen years of age or above. Class “A”, “B”,

or “C” licenses shall be granted only to persons eighteen years of age or above.

Notwithstanding any provision to the contrary, a scyu6en an eighteen year old or

older orparent or miardian of a seventeen year old first time applicant for a Class “B”

license shall provide a signed statement to the department attesting that the applicant

has completed a minimum of fifty hours of supervised driving practice with a

licensed parent, guardian, or adult at least age twenty-one or older. However, if the

first time applicant for a Class “E” license is seventeen years of age and

emancipated, the applicant shall provide the attestation forhimself, nrovjded that the

applicant has the necessary identifying information and documents. At least fifteen

of these hours must be nighttime driving. However, hazardous materials

endorsements shall be issued only to persons twenty-one years of age or above. The

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ENROLLED

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age limitations are subject to the minimum age requirements set forth in the Federth

Commercial Motor Cani..a Vehicle Safety Act of 1986 and the regulations

promulgated thereunder relative to licensing of can-iers in interstate commerce.

SPEAKER OF/HE I-1)bUtE OF REESENTAT1VES

/iWG4

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are additions.

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APPROVED//

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ENROLLED


[-10 SE BILL NO 696 La. State Law InstituteU PRINTER’S COPY

Edits To: R Pgs. S

PRINTER’S COPt Note. see I—r 751

EdIts To:_f’ • ‘3 Pgs...._

Note:1 ANACT

2 To amend and reenact R.S.8/lXe) and ItS. dI08(A)(4Xb)and (d),

3 (B)(2)(infroductory paragraph) and (a)(ii) and (F)(1) and to enact R.S. 32:408.1(5)

4 and 41 4QC)(3), relative to co ercial motorvehicle driver’s licenses; to provide for

5 background checks; to pro/ide for commercial motor vehicle driver’s licenses tests

6 matters; and to provide or related matters.

7 Be it enacted by the Legisture of Louisiana:

8 Section 1. R.Sj4587(A)(1)(e) is hereby amended and reenacted to read as follows:

9 §587. Duty to provide information; processing fees; Louisiana Bureau of Criminal

10 Identification and Information

11 A.(1)

12* * *

13 (e)ffl The office of motor vehicles shall be entitled to the criminal histoiy

14 record and identification files ofthe bureau ofanyperson who is required to register

15 as a sex offender pursuant to itS. 15:542 et seq., and who is seeking a driver’s

16 license orrequired to obtain a special identification cardpursuant to R.S. 40: 132l(J))

17 (iO The office of motor vehicles shall submit fingerprint cards or other

18 identifying information ofthe principal ofanythird-party tester or examiner who has

19 or is seeldng a conftact to administer commercial driving examinations and tests

20 pursuant to itS. 32:408.1 to the bureau. The bureau shall, upon rerluest and after

21 receipt offingerprint cards or other identifying information from the office ofmotor

22 vehicles, make available to the office of motor vehicles all arrest and conviction

23 information contained in the bureau’s criminal history record and identification files

24 which pertain to the princinal. In addition, in order to determine a principal’s

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HB NO. 696 ENROLLED

1 eligibility or suitability, the fingerin-ints shall be forwarded by the bureau to the

2 Federal Bureau of Investigation for a national criminal history record check.

3 (iii) The office of motor vehicles may submit fingerprint cards or other

4 identifying information of a person seeking employment with the office of motor

5 vehicles whose duties will include the issuance of commercial driver’s licenses or

6 any current office ofmotor vehicles employee who as part ofhis employment issues

7 commercial driver’s licenses. The bureau shall, upon request and after receipt of

8 fingerprint cards or other identifying information from the office ofmotor vehicles,

9 make available to the office ofmotor vehicles all arrest and conviction information

10 contained in the bureau’s criminal history record and identification files which

11 pertain to the employee or potential employee. In addition, in order to determine an

12 employee or potential employee’s eligibility or suitability, the fingerprints shall be

13 forwarded by the bureau to the Federal Bureau of Investigation for a national

14 criminal history record check t73Cj

15 (iv) The office of motor vehicles shall subnLit fingerprint cards or other

16 identifying information to the bureau of any person 4iho applies to be an auto title

17 company or apublic tag agent pursuant to R.S. 32:3icet seq. and R.S. 47:532.1 and

18 of any person who works for any such business who will process transactions for

19 such office. Upon request and after receipt of fingerprint cards or other identifying

20 information from the office of motor vehicles, the bureau shall provide any arrest

21 and conviction information contained in the bureau’s criminal history record and

22 identification files for the principal ofsuch applicants. Additionally, the bureau shall

23 forward the fingerprints of such applicant& principal to the Federal Bureau of

24 Investigation for a national criminal history record check.

25 (v) The office of motor vehicles shall submit fingerprint cards or other

26 identifying information to the bureau of any person who applies to or contracts with

27 such office to handle or process any transaction or inquiry. Unon request and after

28 receipt offingerprint cards or other identifying information from the office ofmotor

29 vehicles, the bureau shall provide to such office any arrest and conviction

30 information contained in the bureau’s criminal historyrecord and identification files

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NB NO. 696 ENROLLED

1 for the principal of such applicants or contractors. Additionally, the bureau shall

2 forward the fingerprints of such applicant or contractor’s principal to the Federal

3 Bureau of Investigation for a national criminal history record check.

4 * * *

5 Section 2. R,..4%o8(Ax4xb) and (d), (B)(2)(intioductory paragraph) and (a)(ii)

6 and (F)(l) areher2pm%ded and reenacted and R.S. 32:408.1(5) and 414(K)(3) are hereby

7 enacted to rea5th follows:


9 A.

10* * *

11 (4)

12* * *

13 (b) All tl.J pasty third-party examiners shall meet the same qualifications

14 and training as state examiners to the extent necessary to conduct knowledge and

15 skills tests in compliance with this Subsection. Department employees shall at least

16 rrnully even’ two years take the tests actually administered by the third party as if

17 the employee were a test applicant, or the department shall at l.t annuJly test a

18 sample ofdrivers who were examined by the third party to compare pass/fail results.

19 These requirements and conditions shall be included in any thi1d pady third-party

20 contract or agreement and shall be a part of any license, certificate, or permit issued

21 to such third parties. The department shall devise a system to regulate such third

22 parties and the regulations shall have the fill force and effect of law.

23 * * *

24 (d) The third party shall provide uvidcut.... L tht.. a wL—hus

25 succcasffilly tIn. ht.ttc,. kuuwledc and dIIVRI akillô tcab o. a fuirn

26 flpptO icd by th.4 ckparLw..uL TL.. It..nt shall piOs tins futrn to tl1cdcpartiuta.t

27 b1..fo1.. Lch1 £aSut.d a .uimpctcsal dmt’ proof of testing in a manner

23 prescribed by the department.

29 * * *

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HB NO. 696 ENROLLED

1 B.

2* * *

3 (2) A commercial driver’s license shall be required when a vehicle is used

4 in commerce as defined in this Chapter, and is a commercial motor vehicle as

5 defined in this Chapter. A farmer shall not need a commercial driver’s license when

6 operating a motor vehicle as provided for in Subparagraph Ce) of this Paragraph. The

7 department may elect to or, ifrequired by the Federal Highway Administration, shall

8 change the weight and passenger limits expressed herein to conform to regulations

9 by the Federal Highway Administration. The department shall do so by regulations

10 promulgated in accordance with the Administrative Procedure Act subject to

11 oversight by the Joint Legislative Committee on Transportation, Highways and

12 Public Works. A commercial learner’s permit issued to an individual of this state or

13 another jurisdiction, in accordance with rules and regulations of the Federal Motor

14 Carrier Administration, when carried with a valid driver’s license issued bythe same

15 state or jurisdiction, authorizes the pennittee to operate a class ofcommercial motor

16 vehicle when accompanied by a holder of a valid commercial driver’s license for

17 purposes of behind-the-wheel training. When issued to the holder of a commercial

18 driver’s license, a commercial learner’s permit serves as authorization to take part in

19 behind-the-wheel training in a commercial motor vehicle for which the driver is not

20 licensed to drive. The different classes of drivers’ licenses to be issued shall be as

21 follows:

22* * *

23 (a)

24* * *

25 (ii) Restriction. An individual who takes a skills test for a Class “A”

26 Comjnerciai Driver’s License in a motor vehicle other than a tractor-trailer

27 combination, sometimes referred to as an “eighteen wheeler”, shall be issued a

28 license with a restriction prohibiting the operation of a tractor-trailer combination.

29 This restriction shall be lifted only if the individual successfully completes a skills

30 test in a tractor-trailer combination. In all cases, the party completing the skills test

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are additions.

HB NO. 696 ENROLLED

1 certificate shall fhlly describe on the face of the certificate the vehicle in which the

2 skills test was administered. For purposes of this Item, a power unit with a gross

3 vehicle weight rating of less than twenty-six thousand one pounds shall not qualify

4 as the tractor portion of a tractor-trailer combination. An individual who takes a

5 skills test for a Class “A” commercial driver’s license in a motor vehicle with the

6 power unit and towed unit connected with a pintel hook or other non-fifth wheel

7 connection, shall be issued a license with a restriction prohibiting the operation of

8 a tractor-trailer combination connected by a fifth wheel that requires a Class “A”

9 commercial driver’s license.

10* * *

11 F.çl) The department shall make provisions for testing noncommercial

12 driver’s license or special certificate applicants in languages other than English and

13 for testing deaf applicants. However, this shall not be construed to require the

14 department to famish an interpreter, Except as required bv49 CFR Part 383.133, a

15 skills test for a commercial driver’s license shall be conducted in English without the

16 use of interpreters.

17* * *

18 §408.1. T1&J party Third-party testing; proof of testing

19 The Department ofPublic Safety and Corrections, public safety services, may

20 contract with or license another state, an employer, a private driver training facility,

21 driver education course provider, or other private institution, or a department,

22 agency, or instrumentality of a local government to administer the skills tests as

23 specified herein if all of the following conditions are met:

24* * * ZN

25 (,ç’),çS(The principal of the third-party examiner or tester who has or is seeldng\fl:

26 a contract with the Department of Public Safety and Corrections, public safety ç27 services, to administer commercial driving examinations and tests shall consent to, \I)

1J

28 pass, and pay the costs of an annual background checlc.

29* * *

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NB NO. 696 ENROLLED

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§414. Suspension, revocation, renewal, and cancellation oflicenses; judicial review

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K.

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(3) Reinstatement under this provision does not apply to the commercial

driver’s license (CDL) disqualification of the license.

SPEAKER OF THE HOUSF PflSENTATIVES

APPROVED:

GOVERNOR

are additions.

i*CT_75jRegular Session, 2012

HOUSE BILL NO. 589

BY R]EPRESENTATWE ST. GERMAIN La. State Law InstitutePRINTER’S COPY

NOEPJT 31ClassiiiCattOfl___-———-——

- see Act ‘

1 MYACT

2 To amend and reenact R.S. 32:408?’6)(4troductOrY paragraph), (3), and (4) andto enact0’ ../ /

3 R.S. 32:408.1(5), relative,,Xeuirin third-party testers that administer tests for

4 commercial drivers to comply with certain federal regulations and to obtain a surety

5 bond; and to provi for related matters.

6 Be it enacted by the LySlature of Louisiana:

7 Section 1>JZ. 32:408.1 (2)(introductoryparagraph), (3), and (4) arehereby amended

8 and reenacte,Øid itS. 32:408.1(5) ishereby enacted to read as follows

9 §408.1. T1Jd party Third-vartv testing; proof of testing

10 The Department ofPublic Safety and Corrections, public safety services, may

11 contract with or license another state, an employer, a private driver training facility,

12 driver education course provider, or other private institution, or a department,

13 agency, or instrumentality of a local government to administer the sIdlis tests as

14 specified herein if all of the following conditions are met:

15 * * *

16 (2) The third party has a contract or license with the department g

17 administer skills tests for Class “1)” or “E” driver’s licenses containing, at a

18 minimum, provisions which:

19 * * *

20 (3) The third party has a contract or license with the deyartment to

21 administer skills tests for Class “A”. “B”. or “C” driver’s licenses which, atminimum,

22 complies with 49 CFR 383.75. In addition, the third-party tester must initiate and

23 maintain a surety bond in the amount often thousand dollars.

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HB NO. 589 ENROLLED

f4J A driver applicant who takes and passes driving tests administered

by an authorized third party shall provide evidence to the state licensing agency that

he has successthlly passed the driving tests administered by the third party on a form

approved by the department.

f4) Any third party or department employee authorized under the

provisions of this Chapter to administer tests to applicants for commercial driver’s

licenses who falsifies information regarding test results or applicant qualification or

who in any way participates in, aids, or abets the fraudulent testing or issuance to an

applicant of a commercial driver’s license or endorsement thereon shall be liable

under this Chapter for civil penalties ofnot less than five hundred nor more than five

thousand dollars per act Furthermore, the department may establish procedures to

void all transactions and any licenses issued as a result of such falsification or fraud,

such procedures to be established pursuant to the Administrative Procedure Act.

Any authorized third party tester suffering a sanction under the provisions of this

Chapter shall forfeit his authorized third party testing status and contract and shall

not qualify for such status henceforth.

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qCT 3]]

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ENROLLED


HOUSE B]LLNO. 117 a. State Law InStitt

PRINTER’S COPVBY REPRESENTATIVE HENRY BURNS NO EDITS

CIassificatiOfl___—-5”3

AN ACT

2 To amend and reenact P_S. 32:408(BX7(gelative to commercial motor vehicle driver

3 waivers; to prohibit7tfIa,pKmmerciai motor vehicle drivers from driving

4 commercial motorAic1es’for public utilities; and to provide for related matters.//

5 Bait enacted by the Legislature of Louisiana:

6 Section 1. R.S.3224(B)(7)(e) is hereby amended andreenacted to read as follows:


8* * *

9 B.

10* * *

11 (7)

12* * *

13 (a) Applicants who are issued a waiver are prohibited from transporting

14 passengers forhire, manifestedhazardous wastes, orhazardousmaterialrequired to

15 be placarded. In addition, applicants who are issued a waiver pursuant to this

16 Paragranh are prohibited from driving commercial motor vehicles for public utilities

17 that are regulated by the Louisiana Public Service Commission or the city council

18 of the city ofNew Orleans.

19

/ PRESIDE SEN

/

_____________

/ GOVERNOR 0 THE S B OF LOUISIANA

ShROVED: )t41 )si fit.

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r


SENATE BILL NO. 224

BY SENATORS RISER, AMEDEE AND THOMPSON AND REPRESENTATIVE PUGH


NO EDITS2

classitication R. 5 3

1/

2 To enact R,SJjj410(A)(6) rela74thef34nd infomiation on a driver’s license; to

3 provide an option to include certain, cial endorsement codes on a driver’s license;

4 to authorize endorsement code?r a lifetime hunting license, a lifetime sports

5 fishing license, a combination4fetime hunting and sports fishing license, a firearm

6 and hunter education ce74cate, and a boating safety education certificate; and to

7 provide for related ma4ers.

8 Be it enacted by the Les1’.ture of Louisiana:

9 Section 1.,9zS. 32:410(A)(6) is hereby enacted to read as follows:

10 §410. Form of license; photograph, signature of licensee, anatomical gift statement

II declaration oflife-sustaining procedures, and additional infbnnation

12 on license

13 A. * * *

14 (6Xa) Beginning July 1. 2013, the office of motor vehicles of the

15 Department of Public Safety and Corrections shall provide a method by which

16 an applicant may choose to include a special endorsement code on his driver’s

17 license to indicate whether the applicant has been issued any of the following:

18 (1) A lifetime huntiirn or fishing license issued pursuant to R.S. 56:649.1

19 etseg.

20 (ii) A certificate of completion of firearm and hunter education Issued

21 pursuant to R.S. 56:699.5.

22 (iii) A certificate of completion of boating safety education issued

23 pursuant to R.S. 34:851.36.

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1)OU words in boldface type. and underscored are additions.

SB NO. 224 ENROLLED

(ii) Inclusion of a special endorsement code pursuant to Subparagraph

(a’) of this Paragraph on his driver’s license shall be solely at the option of the

applicant. If applicant opts to include any such endorsement code, possession

of his driver’s license which dispiays such endorsement code shall satisfy any

requirement to possess and exhibit such license and certificate.

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APPROVED:________

GOERJ4OR 0 THE 5’ OF LOUISIANA

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SENATE BILL NO. 157

BY SENATORS ADLEY, ALARIO, ALLAJN, AMEDEE, APPEL, BROOME, BROWN,

BUFF]NGTON, CHABERT, CORTEZ, CROWE, DONAHUE,

DORSEY-COLOMB, ERDEY, GUILLORY, HEITMEIER., JOHNS,

LONG, MILLS, MORRISH, MURRAY, NEVERS, PEACOCK,

PERRY, RISER, GARY SMITH, JOHN SMITH, TARVER,

THOMPSON, WALSWORTH, WAR!) AND WHITE

La. State Law InstitutePRINTER’S COPY La. State Law Institute

EdlisTu: ThS. 32. Pgs. I PRINTER’SNote: Edits to:_it s. Pqs. 2-

Note:11Pre; 5ee Fk-i- ‘g

AN ACT

To enact R.S. 32:412(K) and R.S32QC), relative to veteran designation on a driver’s

license and identification card; to provide for the exhibition of the word “Veteran”

on a driver’s liceand identification card; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Secfiot. R.S. 32:412(K) is hereby enacted to read as follows:

§412. Amount of fees; credit or relbnd; duration of license; veteran designation:

disbursement of finds; renewal by mail or electronic commerce of

Class “fl” or “B” drivers’ licenses; disposition of certain fees;

exception

* * *

K. Upon request the word “Veteran” shall be exhibited in the color

black below the perso&s photograph on the driver’s license regardless of its

class, upon uresentation of a copy of the person’s DD Form 214. issued by the

United States Department of Defenseor equivalent as established by

administrative rule. No additional fee shall be chareed to include such

desianation. The deputy secretary of the Department of Public Safety and

Corrections, public safety services, shali comply with the provisions of this

Subsection. The deputy secretary of the Department of Public Safety and

Corrections, public safety services, shall establish rules and regulations as are

necessary to implement the provisions of this Subsection.

Section 2. R,5. 40:1321 (K) is h e enacted to read as follows:

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SB NO. 157ENROLLED

§ 1321. Special identification cards; issuance; veteran designation; fees; expiration

and renewal; exceptions; promulgation of rules; promotion of use;

persons less than twenty-one years of age; the Protect and Save our

Children Program; Selective Service Registration

* * *

K. Upon request the word “Veteran” shall be exhibited the color

. spec /black below the person’s photograph on ad identificton card, upon

presentation of a copy of the person’s PD Form 214, issd by the United States

Department of Defense or equivalent as estahlis by administrative rule. No

additional fee shall be charged to such designation, The deputy

secretary of the Department of Pn6 Safety and Corrections, public safety

services, shall comply wi e provisions of this Subsection. The deputy

secretary of the Depayfent of Public Safety and Corrections, public safefl

services, shall estdiish rules and regulations as are necessary to implement the

provision4thisSubsection.

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/7GOVERNOR

APPROVED: &iZ1k /i/gst

OF LOUISIANA

11DB

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HOUSE BILL NO. 499

BY REPRESENTATIVES HENRY BURNS, ADAMS, BARROW, BERTHELOTI

BILLIOT, BROADWATER, BROWN, BURFORD, CHAMPAGNE, CHANEY,

COX, CROMER, FOIL, FRANKLIN, GAINES, GAXOFALO, GISCLAJR, GUINN,

HAVARD, HENRY, HILL, HODGES, HOFFMANN, HOLISIS, HONORE,

HOWARD, HUNTER, KATRINA JACKSON, JAMES, JEFFERSON, JONES,

KLECKLEY, TERRY LANDRY, LEBAS, LEOPOLD, LORUSSO, MACI

MILLER, NORTON, PEARSON, POPE, PRICE, PUGH, PYLANT, REYNOLDS,

RICHARD, RICHARDSON, R.1TCHIE, SCHEXNAYDER, SCHRODER,

SEABAUGH, SHADOIN, SMITH, ST. GERMAIN, THOMPSON, AND

WHITNEY

LastMeLj7LLaw Institute

ClassiticationR.6. 3. —rirre see &T35

ANr

To enact R.S. 32:412(K) and R.S.J51l&), relative to drivers’ licenses and special

a /)identification cardsy$thorize the designation of“Veteran” on drivers’ licenses and

special identi4t’i cards; to provide for rules; and to provide for related matters.

/Be it enacted of Louisiana:

Sectin 1. R.S. 32:412(K) is hereby enacted to read as follows:

§412. Amount of fees; credit or refund; duration of license; disbursement of funds;

renewal bymail or electronic commerce of Class “0” or “E” drivers’ licenses;

disposition of certain fees; exception

* * *

K.. Upon reciuest, the word “Veteran” shall be exhibited in the color black

below the person’s photograph on the driver’s license regardless of its class, upon

presentation of a copy of the person’s DO Form 214. issued by the United States

Department of Defense, or equivalent as established by administrative rule. No

additional fee shall be charaed to include such designation. The deputy secretary of

the Department of Public Safety and Corrections, nubile safety services, shall

comnlv with the provisions of this Subsection. The deputy secretary of Ui

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Department of Public Safety and Corrections, public safety services, shall establish

rules and regulations as are necessarvto implement the provisions ofthis Subsection.

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-çHB NO. 499 ENROLLED

Section,34’. 40:1321(K) is hereby enacted to read as follows:

§1321. Special identification cards; issuance; fees; expiration and renewal;

exceptions; promulgation of rules; promotion of use; persons less than

twenty-one years of age; the Protect and Save our Children Program;

Selective Service Registration

* * *

K. Upon request, the word °Veteran” shall be exhibited in the color black

below the person’s photograph on a special identification cardupon presentation of

a cony of the person’s DD Form 214. issued by the United States Department of

Defense, orequivalent, as establishedhyadministrative rule. No additional fee shall

be charged to include such designation. The deputy secretary ofthe Department of

Public Safety and Corrections, public safety services, shall comply with the

provisions of this Subsection. The deputy secretary of the Department of Public

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Safety and Corrections, public safety services, shall establish rules and regulations

as are necessary to implement the provisions of this Subsection.

SPEAKER 9F HOUS F REPRESENTATIVES//

1D THE NA

/oovaNoa OF T ST OF LOUISIANA

APPROVED: Q4 Ø/31/17_ I

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NO EDITSClassification P 5. 31

to exempt disabled veterans from

identification cards; to provide for certain exceptions;

matters.

;lature of Louisiana:


§412.2. Disabled veteran exemption

A. A veteran of service in the United States Armed Forces shall be exempt

from the payment of fees under this Chapter for the issuance of a driver’s license

a special identification card, issued pursuant to R.S. 40:1321. if the veteran meets all

of the following qualifications:

(1) Was honorably discharged.

(2) Has a service-related disability of at least fifty percent.

(3) Receives compensation from the United States government because of

such disability.

(4) Is not subject to the registration requirements of Chapter 3-B ofTitle 15

of the Louisiana Revised Statutes of 1950.

B. The provisions of this Section shall not apply to the fee imposed by R.S.

32:668(B(fl(a(i).

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ENROLLED


HOUSE BILL NO. 590

BY REPRESENTATIVE ST. GERMAIN

To amend and reenact R,S,

thepayment offees for

and to provide for


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The department shall adopt rules relative to the proof of entitlement to

such exemption and any other rules as maybe necessary to implement the provisions

of this Section.

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PRESIDENT 77ESENA/

APPROVED: ‘4&

OF LOUISIANA

ACT_1no

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SENATE BILL NO. 488

BY SENATOR PERRY


NO EDITSClassification R 5. 37.

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2 To amend and reenact KS. 32:414(A)91)(c)Qi), relative to denial of driving privileges; to

3 provide with respectt7jigihihty for a restricted license by persons convicted of

4 certain crimes inv5yiig operating a vehide while intoxicated; and to provide for

5 related

6 Be it enacted p-the Legislature of Louisiana:

7 Section 1. R.S. 32:414(A)(l)(c)(ii) is hereby amended and reenacted to read as

8 follo*s:

9 §414. Suspension, revocation, renewal, and cancellation oflicenses; judicial review

10 A.(1) * * *

Ii (c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this

12 Paragraph, upon first or second conviction, or a plea of guilty or nob contendere and

13 sentence thereupon or forfeiture of bail of any person charged with the offense of

14 driving while intoxicated when the offender had a blood alcohol concentration of

15 0.20 percent or more by weight based on grams of alcohol per one hundred cubic

16 centimeters of blood, the following restrictions on suspension and issuance of a

17 restricted driver’s license shall apply:

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19 (ii) Upon second offense, if the offender has a blood alcohol concentration

20 of 0.20 percent or greater, his driver’s license shall be suspended for four years. The

21 offender shall be eligible for a restricted license dwiii tb AL1iLL fut-gcar

22 f SUopiiiiuiz after a period of forty-five days of suspension for the

23 remainder of the four-year period ofsuspension afierhe has provided proof to the

24 department that his motor vehicle is equipped with a functioning ignition interlock

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1/n words in boldface type and underscored are additions.

Section 2. This Act shall become effective upon¶5iPture by the governor or, ifnot

signed by the governor, upon expiration ofthe time for,billstà become law without signature

1 /by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If

vetoed by the governor and subsequently approved by/the legislature, this Act shall become

effective on the day following such approval.

APPROVED: Qt44- cdi /-z-’

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SB NO. 488 ENROLLED

device. A functioning ignition interlock device shall remain installed on his vehicle

during the first three-year period of the four-year period of the suspension of his

driver’s license.

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GOVERNOR OF F LOUISIANA

I/UI,

Regular Session, 2012ENROLLED

SENATE BILL NO, 486

Y SENATOR PERRYLa. State Law Institute

B PRINTER’S COPYNO EDITS

A Classification &. 3t

/ /

2 To enact R.S. 32:414(D)(l)(c)’and 667(H)(3), relative to offenses involving operating a

—a /3 vehicle while intoxicated; to provide relative to a hardship license for certain persons

4 convicted of certain oçes involving operating a vehicle while intoxicated; and to

5 provide for red’inatters.

6 Bait enacted bye±egislature of Louisiana:

7 seetioKi. R.S. 32:414(D)(l)(c) and 667(H)(3) arehereby enacted to read as follows;

8 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review

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10 D.(1)(a) * * *

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12 (c Any licensee who is enrolled in a driving while intoxicated court or

13 probation program or sobriety court probation program certified by the

14 Louisiana Supreme Court Dm2 Court Office orthe Louisiana Highway Safety

15 Commission as part of a drug division probation program as provided in R.S.

16 13:5304 and who is In good standing with the presiding judge may, not less than

17 forty-five days following suspension of his license and upon order of the

18 presiding judge to the department, he issued an ignition interlock restricted

19 license sufficient to maintain livelihood or allow the licensee to maintain the

20 necessities of life or to attend chemical dependency treatment sessions or

21 meetings. The presiding judge may revoke the restricted license, by order to the

22 department, upon receiving satisfactory evidence ofviolation of any restriction

23 placed upon the licensee.

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25 §667. Seizure of license; circumstances; temporary license

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(3) Paraarapb (1) of this Subsection shall not apply to a person who

refuses to submit to an approved chemical test upon a second or subsequent

arrest for R.S. 14:98 or 14:98.1. or a parish or municipal ordinance that

prohibits drivjjw a motor vehicle while operatini! a vehicle. However, this

Paragraph shaft not apply if the second or subsequent arrest occurs more than

ten years after the prior arrest.

* * *

Section 2. This Act shall become effective up6C signature by the governor or, ifnot

7/signed by the governor, upon expiration ofthe tiine’for bills to become law without signature

by the governor, as provided by Article 111, Section 18 of the Constitution of Louisiana. If

vetoed by the governor and subsequently approved by the legislature, this Act shall become

effective on the day following such approval.

APPROVED/gtW(g(7(It-

SB NO. 486ENROLLEO

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(]OVERNOR THE OF LOUISIANA

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words in boldface tvne and underscored are additions.hull

ENROLLED


NO EDITSClassification R 5. 32-

To amend and reenact itS._32:414.2()f)(a) and to enact itS. 32:414.2(A)(l)(d)(x),

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/relative to commercial driver dl’squaliflcation; to provide that texting while driving

a commercial motor vehi e is a serious traffic violation for commercial motor

vehicle drivers; to pro$de for increased disqualification periods for commercial

motor vehicle drive7 found to have violated out-of-service orders; and to provide

for related mattey.

Be it enacted by the Legislature of Louisiana:

Section 7/4.5. 32:414,2)(2)(a) is hereby ended and reenacted and itS.

32:414.2(A)(1)(d)(x) is hereby enacted to read as follows:

§414.2. Commercial motor vehicle drivers and drivers with a commercial learner’s

permit; disqualification; issuance ofClass “D” or “B” license; alcohol content

in breath and blood; implied consent

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(d) For the purposes of this Section, when operating a commercial motor

vehicle, “serious traffic violation” means conviction of any of the following:

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(x’) Texting while driving.

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ACT a03Regular Session, 2012

HOUSE BILL NO. 587

BY REPRESENTATWE ST. GERMAN

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A.(1)

B.

(2) Any driver who

driving a commercial motor

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is found in violation of an out-of-service order while

vehicle shall be subject to the following penalties:

ENROLLED

(a) Upon a first conviction, the driver shall be subject to disqualification for

a period of not less than ninety one hundred eighty days nor more than one year.

Any driver who is found in violation twice within a ten-year period shall be subject

to disqualification for not less than OuG ycai two years nor more than five years. If

a driver is found in violation three or more separate times within a ten-year period,

the driver shall be subject to disqualification for not less than three years nor more

than five years.

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HB NO. 587

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HE OUSE’/

GOVERNOR OF

APPROVED: Siut S)a)ir


HOUSE BILL NO. 544

BY REPRESENTATIVE MONTOUCET

To amend and reenact R.S,S.

unqualified licensee

related matters.

Be it enacted by


§424. Department may compel examination of suspected incompetents; prohibited

disclosure of information; exceptions

AJJJ The department, having good cause to believe that a licensed driver or

chauffeur is incompetent or otherwise not qualified to be licensed, may upon written

notice of at least ten days to the licensee require him to submit to tL. knvwlcd u

aLilk ttat rcquid fu1 issuanc.. .,f ddv’s lLcus, subuiit to a

.panLjptiou. one, any combination ot or all of the following:

(a) Knowledge test.

(Ii) Skills test.

(ci Medical examination.

£2 Upon the conclusion of such test, or tests, or examination,_p

examinations, the department shall take action as may be appropriate, including

permitting the licensee to retain the license or suspending, revoking, or restricting

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ENROLLED


NO EDITSClassification i .5. ‘31—

ACT

), relative to drive?s licenses; to require a suspected

and knowledge test and to provide for

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JIB NO. 544

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the license. Refbsal or neglect of the licensee to submit to [lic

Lat uf p jlflEJnIal .n{&urnptiOu any test or examination required pursuant to this

Subsection shall be grounds for suspension or revocation of his license.

SPEAKER OF TUE OUSE PRESENTAT1VES

/cI (1W

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ENROLLED

OF

APPROVED:/

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are additions.

$

jL.TanRegular Session, 2012

HOUSE BILL NO. 533

BY REPRESENTATiVE HODGES

APPROVE&

4

ENROLLED

La. State Law InsfitutePRINTER’S COPY

NO EDITSClassificabon R1 S. 31..

Ire

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AN ACT

instrument recertification forms; and to provide for related

for

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To amend and reenact

admission of”

matters.

Belt enacted by: Legislature of Louisiana:

th 1. itS. 32:662.1 is hereby amended and reenacted to read as follows:

§662.1. Admissibility

In all criminai cases where intoxication is an issue, any certificate or writing

made in accordance with the provisions ofR.S. 32:663, including but not limited to

intoxilyzer chie instrument recertification forms, and other certificates or

writings made with respect to the chemical analyses of a person’s blood, urine,

breath, or other bodily substance, shall be admissible as evidence.

4,

SPEAKER’OP THE HOIJSYflF REPRESENTATiVES

LOUISIANA

ACT sa__

Regular Sesion, 2012

HOUSE BILL NO. 781

BY REPRESENTATWE PYLANT

CT

idreenact R.S. 32:666(A)(1 (i), (2)(introductory paragraph), and (3), relative

emical tests rsus7ed drunicen drivers; to provide for the administration of

iple ehemicals4and to provide for related matters.

I by the L lature of Louisiana:

on . R.S. 32:666(A)(1)(a)(i), (2)(introductory paragraph), and (3) are hereby

d reenacted to read as follows:

i. Retlisal to submit to chemical test; submission to chemical tests; exception;

effects of

A.(1)(a)(i) When a law enforcement officer has probable cause to believe

that apersonhas violatedR,S, 14:98, U.S. 14:98.1, or anyother law or ordinance that

prohibits operating a vehicle while intoxicated, that person may not reftse to submit

to a chemical test or tests if he has refused to submit to such test or tests on two

previous and separate occasions of any previous such violation or in any ease

wherein a fatality has occurred or a person has sustained serious bodily injury in a

crash involving a motor vehicle, aircraft, watercrafi, vessel, or other means of

conveyance. Serious bodily injury means bodily injury which involves

unc9nsciousness, protracted and obvious disfigurement, or protracted loss or

impirinent of the function of a bodily member, organ, or mental faculty, or a

subshintial risk of death, The law enforcement officer shall direct that a chemical

test or tests be conducted of a person’s blood, urine, or other bodily substance, or

perform a chemical test of such person’s breath, for the purpose of determining the

alcoholic content ofhis blood and the presence ofany abused substance or controlled

subs once as set forth in R.S. 40:964 in his blood in such circumstances. The officer

jjy direct a person to submit to a breath test, and if indicated, an additional blood

‘or the purpose of testing for the presence of alcohol, abused substances, and

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ENROLLED


NO EDITSClassification g S. 37—.

To amend ai

to cl

unfit

Be it enacto

Sect

amended ?‘

§66

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HB NO. 781 ENROLLED

confrolled dangerous substances. Arefi.isal of any such test or tests shall result in the

suspension of drivinR privileges as provided by the provisions of this Part. A

physician, physician assistant, registered nurse, emergency medical technician,

chemist, nurse practitioner, or other qualified technician shall perform a chemical

test in accordance with the provisions ofR.S. 32:664 when directed to do so by a law

enforcement officer.

* * *

(2) lii all cases other than those in Paragraph (1) of this Subsection, aperson

under arrest for aviolationofR.S. 14:98,11.3. 14:98.1, orother law orordinance that

prohibits operating a vehicle while intoxicated may refuse to submit to such

chemical test or tests, after being advised of the consequences of such refusal as

provided for in itS. 32:661(C), subject to the following:

* * *

(3) In all cases where a person is under arrest for a violation of itS. 14:98,

11.3, 14:98.1, or other law or ordinance that prohibits operating a vehicle while

intoxicated who refuses to submit to a chemical test or tests if he has refused to

submit to a chemical test on two previous and separate occasions of any previous

such violation shall be advised that the consequences of such refusal shall be subject

to criminal penalties under the provisions of R.S. 14:98.2.

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GOVERNOBOF’tflIE STAJ$fiF LOUISIANA

APPROVED: I7M V 1

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PRESIDENTNt SENAT

ENROLLED

La. State Law lnsth[ltePRINTER’S COPy

NO EDITSClassification L±5: 37.

AN ACT

To amend and reenact the introductory parapZi32:668(A), relative to hearing

procedures following revocation or-denial ofdriver& licenses; to provide relative to

testimony of law enforniênt officers; and to provide for related matters.

/Be it enacted by the LegsI&ttwe of Louisiana:

Section 1.

R.S. 32:668(A)(introductory paragraph) is hereby amended and reenacted

to read as follows:

§668. Procedure following revocation or denial of license; hearing; court review;

review of final order; restricted licenses

A. Upon suspending the license or permit to drive or nonresident operating

privilege of any person or upon determining that the issuance of a license or permit

shall be denied to the person, the Department ofPublic Safety and Corrections shall

immediately notify the person in writing and upon his request shall afford him an

opportunity for a hearing based upon the department’s records or other evidence

admitted at the hearing, and in the same manner and under the same conditions as is

provided in R.S. 32:414 for notification and hearings in the case of suspension of

licenses, except that no law enforcement officer shall be compelled by such

person to appear or testify at such hearing and the scope of such a hearing for the

purposes of this Part shall be limited to the following issues:

zRegular Session, 2012

SENATE BILL NO. 489

BY SENATOR PERRY

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PRESIDBI4 FIHE S ATE

SPSEATS

GOVERNO F THE S ATE OF LOUISIANAAPPROVED: / (1 I

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4C ‘-403 ENROLLED


HOUSE BILL NO. 584

BY REPRESENTATIVE ST. GERMAJN La. State Law InstitutePRINTER’S COPY

NO EDITSClassification

1 ANCT

2 To amend and reenact R.S.j706.y alive to peace officers; to clarify who is qualified

3 to perform inspections p’vehicle identification number; to provide for rules and

4 regulations; and to provide for related matters.

5 Be it enacted by t)9’tislature of Louisiana:

6 Sectio/I’ R.S. 32:706.2 is hereby amended and reenacted to read as follows:

7 §706.2. Requirements for vehicle identification number inspections

8 A.(1) Any physical inspection of a vehicle for the purpose of vehicle

9 identification number verification shall be by a full-time Pcac. Officc Staudasda

10 cnsd Ttainin (P.O.3.T.) cc.t ficd law c,.forccm...t peace officer, as defined

11 by R.S. 40:2402(31(a). who has been trained and certified by the Department of

12 Public Safety and Corrections, office of state police, to inspect motor vehicles.

13 (2 No peace officer shall conduct a physical inspection ofa vehicle in which

14 he has a fiduciary interest or an ownership interest or is in the process of acguirin

15 an interest through a company or entity in which he has a fiduciary interest.

16 B. The deputysecretary ofpublic safety services ofthe Department ofPublic

17 Safety and Corrections shall have authority to promulgate rules and reaulations

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HE NO. 584 ENROLLED

regarding physical inspection certificates. The deputy secretary shall revoke the

certification of any peace officer who fails to satisfy any of the requirements as

promulgated.

APPROVED:

SPEAKER TH: HC)USE OF RESENTATWES

PRESIDENT QF ENATE/rGOVERNcI$ROFTHfl ATEOF SL4NAc v

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AGlLsieRegular Session, 2012 ENROLLED

SENATE BILL NO. 634

PRINTER’S COPYNO E911S

Classification ‘ &jq

/To amend and reenactR.S, 32:707(1)(1)(±) ançI R.S, 45:164(A), 178, and 200.3, and to enact

R.S. 32:707(N) and R.S. 47:469.1/ relative to vehicles; to prohibit operation of

vehicles issued a reconstructed ti1e as a motor carrier of passengers or as a public

carrier vehicle; and to provide Ør related matters,

Belt enacted by the Legislature of L uisiana:

Section!. R.S. 32:707(1)(1 (I) is herebyamended and reenacted and R.S. 32:707(N)

is hereby enacted to read as follq4s:

§707. Application for certificates of title; exception; salvage title; antique vehicles;

reconstructed title

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(f) Upon receipt of the salvage title, the insurance company, its authorized

agent, or the vehicle owner may proceed to dismantle the vehicle, sell it, or rebuild

and restore it to operation. A rebuilder of a salvaged title motor vehicle may upon

completion of rebuilding the vehicle demonstrate the rebuilt motor vehicle to a

prospective purchaser without applying for a reconstructed vehicle title. Except for

the purposes of this demonstration, no rebuilt and restored vehicle shall be operated

upon any public street, roadway, or highway until it is registered with the office of

motor vehicles, and a reconstructed vehicle title is issued. No such vehicle issued

a reconstructed title shall be operated as a motor carrier of passengers pursuant

to R.S. 45:164(A) or as a public carrier vehicle as defmed in R.S. 45:200.2(2).

4: * *

N. No vehicle with a reconstructed title shall he issued a license plate to

operate as a motor carrier of passengers pursuant to R.S. 45:164(A) or as a

public carrier vehicle as defmed in R.S. 45:200.2(2).

.Secfit,,an.areebymthennete&to1efl/

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SB NO. 634 EMIOLLED

1 as follows:

2 § 164. Common carrier’s certificate; contract carrier’s permit

3 A. Except as provided by Subsection C of this Section, no motor carrier, as

4 defined in R.S. 45:162, shall operate as a common carrier without first having

5 obtained from the commission a certificate of public convenience and necessity,

6 which shall be issued only after a written application made and filed, a public

7 hearing, due notice given to applicant and all competing common carriers, and a

8 finding by the commission that public convenience and necessity require the

9 issuance of a certificate. No new or additional certificate shall be granted over a

10 route where there is an existing certificate, unless it be clearly shown that the public

11 convenience and necessity would be materially promoted thereby. No such

12 certificate to operate as a motor carrier of passengers shall be issued to an

13 applicant which uses or wifi use any vehicle with a reconstructed title as

14 provided in ItS. 32:707 or an equivalent title issued pursuant to the laws of

15 another state in the operation of such business.

16* * *

17 §178. License for carrier’s vehicle; certificate from public service commission

18 required

19 & Neither the vehicle commissioner nor any public official charged with the

20 sale and issuance of license plates and registration certificates for motor vehicles

21 shall sell or issue, or permit to be sold or issued, a certificate or license plate to be

22 used on a motor vehicle of a common or contact carrier in the conduct of such

23 business, unless there is presented a. certificate from the Louisiana Public Service

24 Commission certi’ing that the applicant for the license plate or registration

25 certificate is entitled to use it.

26 B. Neither the vehicle commissionernor any public official charged with

27 the sale and issuance of license plates and re&stration certificates for motor

28 yehicles shall sell or issue, or permit to be sold or issued. a certificate or license

29 plate for a motor vehicle which will be used in the conduct of a business as a

30 motor carrier of passengers pursuant to R.S. 45:164(A or as a public carrier

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SB NO. 634 ENROLLED

1 vehicle as defined in U.S. 42O0.2(2) lithe motor vehicle has a reconstructed

2 title as provided in itS. 32:707 or an equivalent title issued pursuant to the laws

3 of another state.

4* * *

5 §200,3. Necessity ofmunicipal or parochial consent for operation of public carrier

6 vehicles

7 No public carrier vehicle shall be operated upon any street in any

S municipality or parish until the owner thereofshall have applied for, and shall have

9 received, from the municipality or parish, a certificate issued by the duly designated

10 authority thereof. No such certificate as a public carrier vehicle shall be issued

11 to an owner to operate any vehicle with a reconstructed title as provided in itS.

12 32:707 or an equivalent title issued pursuant to the laws of another state.

13 Section 3. R.S. 47:4 heebyenattfl cad as followsE—.

.2—14 -$469& Taxi cabs reconstructed title prohibition

15 No vehicle issued a reconstructed title as provided in R.S. 32:707 or

16 which has ever been issued a title marked as salvaue, rebuilt junk, total loss, or

17 any equivalent certificate of title in this state or any other state shall be issued

IS a reajgtration certificate or license plate to operate as a taxicab.

CA-4z0’a, .4’zz S79h319 Section 4. The provisions ofthiThct shall be applicable to any Iiorrfor a new

20 or renewal certificate, registration, and license required jatif6te as a motor carrier

21 of passengers or as a public carrier vehifiied with the office of motor vehicles, any

22 municipal or parish authority, and onisiana Public Service Commission. J23 ,on5.,3jJctshall become effective on October 15,2012.

APPROVED:

‘ma

I-’‘II

OF LOUISIANA

Page 3 of3Codin%’Words which are struck though are deletions from existing law;

wors in boldface type and underscored are additions.

ACT asoRegular Session, 2012

HOUSE BILL NO. 310

BY REPRESENTATIVES PONTI AND REYNOLDS


NO EDITSClassification ic. .6. 3Z.

to scrap motor vehicles; to provide for

over a certain number of years old; and to provide for

To amend and reenact R.S. 32:7a.

permits

related matters.


Section 1, S. 32:717(B) is hereby amended and reenacted to read as follows:

§7 17. Sale ofmotor vehicle as scrap

* * *

B. Notwithstanding Subsection A of this Section, the commissioner may

issue, without the delivery ofthe certificate of title, a permit to dismantle any vehicle

which is more than ten fifteen years old and has not had its registration renewed in

this state or any other state for a period of three years immediately prior to the

application for a permit to dismantle the vehicle.

SPEAKER OF THE HO E OF SENTATIVES

P SIDENT F SENATE

OF TIATE dF OthSIANA

APPROVED//1”ZS//t

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ENROLLED


HOUSE BTLLNO. 804La. State Law Institute

BY REPRESENTATIVE JAMES PRINTER’S COPEdits To: t ‘S. 3t pNote: ct\

ACT

To amend and reenact R.S, 32:7’i($, (12), and (13)(a), 788(B), 793(Aj(introductory

paragraph), (2), and (5) andJto enact R.S. 32:792(B)(16) and 795, relative to used

motor vehicles; to rovi/e for definitions; to provide relative to civil penalties; to

provide for definitionsi.u rent with option-to-purchase program; to provide relative

to deposits and do n payments; and to provide for related matters.

Be it enacted by the Lygislature of Louisiana:

Section 1. R.S. 32:781(5), (12), and (13)(a), 788(B), 793(A)(introductory

paragraph), (2), d (5) are hereby amended and reenacted and R.S. 32:792(B)(16) and 795

are hereby enheted to read as follows:

§781. Definitions

As used in this Chapter:

* * *

(5) “Motor vehicle” means any motor-driven car, van, or truck required to

be registered pursuant to the Vehicle Registration License Tax Law, R.S. 47:451 et

which is used or is designed to be used, for the transporting of passengers or

goods for public, private, commercial, or for-hire purposes and im.lu&s uac4

including motorhomes, usedmotorcycles, used all-terrain vehicles, used recreational

vehicles, travel trailers, used boat trailers, used ambulances, used buses, used fire

trucks, used conversion vehicles, used wreckers, ad usa! semitrailers. hearses, and

marine yroducts. as any of the terms are defined in R.S. 32:1252.

* * *

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(12) “Used motor vehicle” means a motor vehicle, tb1.. Lal tit1c of which

has LL,uJ b, p fntwui, disLlbutu1, us dcaks to w ultimata

puuhaatii. For ptnpuS of thia CImyLi a “usiA anutut vhk.1C h4u&s used .tur

lIumCS, us.A mutusi..fdi.a, usiA all-kasalu v hitlt.a, uai..d 1.nsitaztiussul LaiLja, u...d

boat Lailcia, ua.A th.1LJanc...s, ,.scJ bu..,, ud fisC Lacka, uatd CUUVILlOU

vchkl, d wi...ck..aa, w.d usiA uilttai1uiS been nreviouslv titled to an ultimate

purchaser as defined in R.S. 32:1252,

(13)(a)(i) “Used motor vehicle dealer” means any person, partnership,

corporation, limited liability company, or other entity who, for a commission or with

intent to make a profit or gain ofmoney or other thing of value, buys, sells, brokers,

exchanges, rents with option to purchase, auctions, offers, or attempts to negotiate

a sale or exchange ofan interest in used motor vehicles and who is engaged wholly

or in part in the business of buying and selling used motor vehicles, whether such

motor vehicles are owned by such person and whether the motor vehicles are sold

from a dealership location or via any form of advertising, including but not limited

to the Jnternet. A person shall be presumed to be engaged in the business of selling

used motor vehicles ifhe sells five or more used motor vehicles in any twelve-month

period which vehicles are not registered to and insured by members of the

individual’s household, immediate family members, or legal entities which the

individual has an ownership interest in or is employed by. An entity shall be

presumed to be engaged in the business of selling used motor vehicles if the entity

sells five or more used motor vehicles which are not registered to and insured by the

entity or by an entity affiliated with the entity receiving anything of value.

(ii) The term shall also include anyone not licensed under Chapter 6 ofTitle

32 of the Louisiana Revised Statutes of 1950 who sells u.,cd cass wnl Is thia, USiA

motust.yJ4 usiA Lc,iLia, us daniLaiL, Lard traikis, usadhuse.,, .dfl.c

t1a.ks, usiA wrcck, ua&l C,uVuutOp ydjida, uaiA ss.datipnal vdiika, uJ

motoi hom.,, usiA Ou ucd &nLu1aac used motor vehicles and who rents

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HB NO. 804 ENROLLED

1 on a daily basis,motor vehicles , not ftlu.. ..u11&ity_a mrn$iaL jjiiut y’.DI

2 xnodclp, that Lqe Lv.. titled j.niriuUaly to &t. ultauutt pthvIrnSii.

3 * * *

4 §788. Civil penalties

5 * * *

6 B.(l) No civil penalty imposed for the violation of the provisions of this

7 Chapter or the rules and regulations of the commission shall exceed two thousand

8 dollars for each day such violation continues. IIuw..v..a, nu ytasalty inijjuJ fcir a

9 giylatiun ufrcut ifi of Usia Chaptvt shall fin. hundavd dullina fc tadt dY

10 puJi ‘wtulatluu CuntinLiCS,

11 (2) On a second or subsequent violation, no civil penalty imposed shall

12 exceed three thousand dollars for each day such second or subsequent violation

13 continues. iIo.n., ati1uiyQSed fin a Aaio ufrait ifi ufilsia Cl.aptus

14 shJl a&eeed oue thousand dulh fo. eath d..’ sth at.,..v.id yr sub,eget

15 ucrntiuucss. In order to constitute a second or subsequent violation there must occur

16 a lapse of at least one day following the first or previous violation.

17 * * *

18 §792. Denial, revocation, or suspension of license; grounds; unauthorized acts

19 * * *

20 B. The commission may revoke or suspend a license, issue a fine or penalty,

21 or enjoin a used motor vehicle dealer, dealer in used parts or used accessories of

22 motor vehicles, used motor vehicle auctioneer, or salesperson for any of die

23 following conduct:

24 * * *

25 (16) Violating any yrovision of this Chanter, any rule or regulation adopted

26 by the commission, or any yrovision of law relating to the Drover disnosition of

27 certificates of title or permits to dismantle in connection with the vurchase or sale of

28 any used motor vehicle.

29 * * *

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I § 793. Rent with option-to-purchase program

2 A, Definitions As used in this Section:

3* * *

4 (2) “Default” means the failure of a rental consumer to bring the rental

5 account current within five days after the i4-tu-u rental payment is due or the

6 failure of the rental consumer to maintain minimum insurance repuired pursuant to

7 a rental purchase agreement.

“R1tal dk” rnC :piu: who rGly psuvid d mutOt

10 un& a vchiclc aeusit, “Rent-to-own

11 dealer” means a used motor vehicle dealer who rents used motor vehicles under a

12 rental purchase agreement,

13 CS”),jJe’D)* * * *

14 6795. Deposits and down payments: disclosure; return

15 A. Every used motor vehicle dealer who accepts a deposit or a down

16 payment from a consumer shall provide the consumer with a purchase aEreement

17 statement containing the following:

18 (1’) A complete description of the motor vehicle subject to the purchase

19 agreement including the make, model. year. and vehicle identification number.

20 (2’) The purchase price of the vehicle.

21 (3’) The amount of the deposit or down payment.

22 (4’) A statement identifying whether the Thnds received by the dealer are for

23 deposit or down payment.

24 (5’) Any conditions necessaj-yto complete the sale.

25 B. Every used motor vehicle dealer who accepts a deposit or down payment

26 for apurchase agreement conditioned upon the consumer’s ability to obtain financing

27 ofthe remainder ofthe purchase price shall return the deposit or down payment upon

28 a determination that the consumer does not qualify for flnancing If no

29 determination is made regarding financing within twenty days of the receipt of the

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FIB NO. 804 ENROLLED

deposit or down payment, the deposit or down payment shall be returned to the

consumer at the end of the twenty-day period.

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GOVERNOR OF/

/

APPROVED: Ø2,jgjrz- ./

LOUISLANA

ACT4

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HOUSE BILL ND. 1130

BY REPRESENTATWES CROMER AND JAMES

To amend and reenact R.S85,862(1, (G)(1) and (3), and , 863(B)fl),

863,1(A)(1)(a)(mtroductoryparagraph) and (G)(lj, and 874(B)(2) andto enactR.S.

32:862(1) and (J) and 874(C), relative to proof of insurance; to allow for the usage

of mobile electronic devices as a method of providing proof of insurance; to

authorize the commissioner of the Department of Public Safety and Corrections to

compel a motor vehicle ope’rator to provide a paper copy of proof of insurance; to

provide relative to a co!u-t’s authority to compel a motor vehicle operator to provide/

a paper copy ofproof of insurance; and to provide for related matters..7

Be it enacted by the Legilature of Louisiana:

Section 1. itS. 32:851, 862(B)(l), (G)(1) and (3), and (H), 863(B)(1),

863.1(A)(l)(a)(ii:ltroductoryparagraph) and (G)(l), and 874(B)(2) arehereby amended and

reenacted/tmd itS. 32:862(1) and (J) and 874(C) are hereby enacted to read as follows:

§851. Definitions

The following words and phrases, when used in this Chapter, shall, for the

purposes of this Chapter, have the meanings respectively ascribed to them in this

Section, except in those instances where the context clearly indicates a different

meaning:

(1) °Cominissioner”--Th.. tcnn °Cuunuisaiuiaa’ means the Department of

Public Safety and Corrections.

(2) “Judgment”t.=Anymeans anvjudgment which shall have become final by

expiration without appeal of the time within which a suspensive appeal might have

been perfected or by final affirmation on appeal, rendered by a court of competent

jurisdiction ofany state or of the United States, upon a cause of action arising out of

the ownership, maintenance, or use of any motor vehicle, for damages, including

damages for care and loss of services, because of bodily injury to or death of any

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ENROLLED


NO EDITSClassification g - 3Z_

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person, or for damages because of injury to or destruction ofproperty including the

loss ofuse thereof, or upon a cause of action on an agreement of settlement for such

damages.

(3) “License”--Auy means any license, temporary instruction permit, or

temporary license issued under the laws of this state pertaining to the licensing of

persons to operate motor vehicles.

(4) “Mobile electronic device” means any small handheld computing or

communications device that has a disylay screen with touch input or a miniature

keyboard.

(4)f “Motor vehicle”—Lv ._iy means even’ self-propelled vehicle (except

traction engines, road rollers, farm tractors, tractor cranes, power shovels, and welt

drillers) and every vehicle which is propelled by electric power obtained from

overhead wires but not operated upon rails.

(5) f “Nu-1sdtNonresident” --Lvy means even’ person who is not

a resident of this state but does not include persons dwelling outside of this state

whose occupation or business requires them to spend one-half or more of their

working hours in this state in pursuance of their business or employment.

(6) ffl “N-.&ut’s Nonresident’s operating privileges”--Thi.. means the

privileges conferred upon a iIOirLt.ndCLIt nonresident by the laws of this

state pertaining to the operation by him of a motor vehicle, or the use of a motor

vehicle owned by him, in this state.

(?) f “Operator”—tvcry means even’ person who is in actual physical

control of a motor vehicle.

(8) £91 “Owner”--Lv..ay means even’ person who holds the legal title to a

motor vehicle or in the event a motor vehicle is the subject of an agreement for the

conditional sale, lease, or transfer of the possession, however, thereof, with the right

ofpurchase upon performance of the condition stated in the agreement and with an

immediate right ofpossession vested in the conditional vendee, lessee, possessor, or

in the event such or similar transaction is had by means of a mortgage, and the

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mortgagor ofavebicle is entitled to possession, then such conditional vendee, lessee,

possessor, or mortgagor shall be deemed the owner for the purpose of this Chapter.

(9) UJfl “Person”=Evcry means every natural person, firm, co-partnership,

association, or corporation.

(+6) £111 “Proofoffinancial responsibility” means proofofability to respond

in damages for liability1 on account of accidents occurring subsequent to the

effective date of the proof, arising out of the ownership, maintenance, or use of a

motor vehicle in the amounts specified in itS. 32:872 in reference to the acceptable

limits of a policy or bond.

(+1) U2) “Registration”—RcgiattaGun includes a registration certificate or

certificates and registration plates issued under the laws of this state pertaining to the

registration of motor vehicles,

(I23U) “State”—Auy means any state, territory, orpossession ofthe United

States, the District of Columbia, or any province of the Dominion of Canada.

* * *

B.(1) The commissioner shall adopt rules to implement the provisions ofthis

Section. The rules shall provide that documentation of insurance or other security

shall be required for proof of compliance, The rules shall require that the originals

a photocovy, or an image displayed on a mobile electronic device. in a ivpj of one

of the following documents be produced as documentation of insurance: an

insurance card; an insurance policy, or the declarations page of the insurance policy

showing coverages. The rules shall require insurance and security companies to

issue cards or similar documents, or an image of the card or similar documents

capable of being displayed on a mobile electronic device, which indicate the

existence of insurance or security coverage, may establish the form far the cards or

similar documents, and may establish the form for the written declarations required

by this Section.

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* * *

§862. Proof of compliance

* * *

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C. The prohibited actions and penalties for violations thereofare as follows:

(1) No person shall provide false or fraudulent information, documentation,

or images o, dou..ts or make false or fraudulent representations in connection

with any application for the registration of a motor vehicle, or for a renewal of a

registration of a motor vehicle, or for a motor vehicle inspection certificate, or for

a driver’s license.

* * *

(3) No person shall alter or counterfeit any card or similar document.g

produce or use a false or fraudulent image on a mobile electronic device, tscd to

show proof of compliance.

* * *

H. No action taken by any person, whether private citizen or public officer

or employee, with regard to any license, registration, or inspection certificate, or with

regard to any document or electronic image which indicates compliance with this

Part, shall create a presumption of the existence of insurance coverage, or be

construed by any court as a warranty of the reliability or accuracy of the document

or electronic image, or create any liability on the part of the state, or on the part of

any department office, or agency of the state, or on the part of any officer,

employee, or agent of the state.

I. The display of an image of the insurance card on a mobile electronic

device shall not serve as consent for a law enforcement officer, or any other person.

to access other contents of the mobile electronic device in any manner other than to

verify the image of the insurance card.

Lfl) A court of competent jurisdiction may require a person to produce a

paper copy of the insurance identification card in any hearing or trial or in

connection with discovery.

(2) The commissioner may reciujre a person to produce a paper copy of the

insurance identification card in connectionwith any inguirsror transaction conducted

by. or on behalf of. the commissioner.

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HBNO. 1130 ENROLLED

1 §853. Sanctions for false declaration; reinstatement fees; revocation ofregistration;

2 review

3 * * *

4 B. The sanctions of Paragraph (MO) of this Section shall not be imposed, 7

5 and any fine, fee, or other monetary sanction which has been remitted to the

6 secretary pursuant to the sanctions of this Section, specifically including any

7 reinstatement fee paid pursuant to Paragraph (A)(3) of this Section and any fee paid

8 pursuant to Paragraph (D)(5) of tins Section, shall be promptly refunded by the

9 secretary to the person who paid it, if the owner or lessee furnishes any of the

10 following:

11 (1) An original, a photocopy, or an image of the card that is displayed on a

12 mobile electronic device. liutU..Uy of a Louisiana auto insurance identification

13 card showing that the required security is in effect on the vehicle and has been

14 continuous without lapse or an original or photocopy of any written communication

15 from an insurer either to the insured or to the secretary stating that the required

16 security is in effect on the vehicle and has been continuous without lapse, any one

17 ofwhich shall constitute sufficient evidence that the required security on the vehicle

18 has not lapsed.

19 * * *

20 §863.1. Evidence of compulsory motor vehicle liability security contained in

21 vehicle; enforcement; penalty; fees

22 A. No owner or lessee of a self-propelled motor vehicle registered in this

23 state, except a motor vehicle used primarily for exhibit or kept primarily for use in

24 parades, exhibits, or shows, or agricultural or forest use vehicles during seasons

25 when they are not used on the highways, shall operate or allow the operation of such

26 vehicle upon anypublic road, street, orhighway in this state unless there is contained

27 within the vehicle one ofthe following documents evidencing that the motor vehicle

28 is in compliance with R.S. 32:851 relative to compulsory motor vehicle liability

29 security:

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HBNO. 1130 ENROLLED

(1) A certificate of insurance. “Certificate” means the written evidence of

motor vehicle liability insurance as defined in itS. 32:900 that is in the form of one

of the following:

(a) An insurance identification card, a photocopy of the card. or an image of

the card displayed on a mobile electronic device, issued by an insurer to its insured

which shall contain the following information:

* * *

C. The only acceptable means of proof of a valid and current policy of

insurance shall be one of the following:

(I) The insurance identification card, a photocopy of the card, or an image

ofthe card that is disulayed on amobile electronic device, declaration page, or policy

issued by the insurer.

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§874. Duration of suspension, revocation, or withdrawal; reinstatement fees

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(2) Proof of coverage in this Section shall include an original or photocopy

of a Louisiana auto insurance identification card. or an image of the card that is

displayed on a mobile electronic device, showing that the required security is in

effect on the vehicle and has been continuous without lapse or an original or

photocopy of any written communication from an insurer either to the insured or to

the secretary stating that the required security is in effect on the vehicle and has been

continuous without lapse. The original or photocopy of cithGr the insurance cardj

an image of the card that is disulayed on a mobile electronic device, or the written

communication specified above shall constitute sufficient proof of coverage in this

Section and, upon receipt of any of these documents, the license shall be reinstated

provided all other requirements have been met. No reinstatement fee shall be

charged when proof of coverage is provided, and any reinstatement fee which has

been paid shall be rethnded.


C. The commissioner may require a person to iiroduce a paper copy of the

insurance identification card in connection with any inquiry or transaction conducted

by. or on behalf of. the commissioner.

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APPROVED:/

LOUISIANA

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ENROLLED


HOUSE BILL NO. 585

BY R.EPR.ESENTATTVE ST. GERMAN La. State Law InstitutePRINTER’S COPY

NO EDITSClassification e 5. 32..

1 AN ACT/

2 To amend and reenact R.SJj63.2(B). relative to notification of the cancellation or

3 issuance ofsecurity to provid/elelafive to securityprovider late fees; to authorize the

4 deputy secretary of public safety services of the Department of Public Safety and

5 Corrections to waiv the fee in certain circumstances; and to provide for related

6 matters.

7 Be it enacted by the Legislature of Louisiana:

8 Section 1. R.S. 32:863.2(B) is hereby amcnded and reenacted to read as follows:

9 §863.2. Notification of the cancellation or issuance of security penalties; database

10 development

11 * * *

12 B. When a security provider does not provide the y deputy secretary

13 ofpublic safety services ofthe Department ofPublic Safety and Corrections with the

14 information required by this Section within the time limits set forth in this Section,

15 the insurance company, sales representative or agent, state treasurer, or other

16 provider shall pay a late fee of not more than fifty dollars per policy, bond, or

17 deposit or other security item concerning which information is not supplied. If the

18 security provider has reported this information for a policy, bond, deposit or other

19 security item for a commercial motor vehicle in an untimely manner, the deputy

20 secretary shall impose the late fee unless the deputy secretary determines that the

21 security provider made a good faith effort to comply with these requirements but the

22 delay was caused by circumstances outside the security provide?s control. All fees

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HBNO. 585 ENROLLED

collected under this Subsection shall be deposited in the Bond Security and

Redemption Fund as provided in R.S. 32:853(B)(2).

* * *

GOVERNOR OF THE”1ATB

tVk

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SPEAKER THE FtOE OF R&ESENTATIVES

APPROVED:

O7kJUISIANA

are additions.

ACT_fl\

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HOUSE BILL NO. 1195 (Substitute for House Bill No. 622 by Representative Jackson)

BY REPRESENTATIVE KATRINA JACKSON


NO EDITS

relative to uninsured motorists; to

for damages; and to provide for related matters.

gislature of Louisiana:

R.S. 32:871(A) and 872(A) are hereby amended and reenacted to read as

§871. Report required following accident; availability

A. The operator of every motor vehicle which is in any manner involved in

an accident within this state, in which any person is killed or injured or in which

damage to the property of any one person, including himself, iu cx uf £v

haicd dullnss is susLaicd, may report, in writing, to the commissioner a claim for

property damages and damages for physical injury sustained as a result of such

accident Such report, the form of which shall be prescribed by the commissioner,

shall declare in writing that the motor vehicle is covered by security as required by

this Chapter, including the name ofthe insurance company, policy number, effective

dates ofthe policy, and the amount of said security, listing the liability limits as well

as bodily injury and property damage limits if also maintained, and such other

information as the commissionermayrequireto enable him to determine whether the

requirements for the deposit of security under R.S. 32:872 are applicable by reason

of the existence of insurance or other exceptions specified in this Chapter. The

commissioner may rely upon the accuracy ofthe information unless and unifi he has

reason to believe that the information is erroneous. If such operator is physically

incapable of making such report, the owner of the motor vehicle involved in such

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ENROLLED

ACT

To amend and reenact R.S. 32:

provide for

Be it enacted by th

Secti

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§872. Security and proof of financial responsibility required unless evidence of

insurance; when security determined; suspension; exception

A. If, twenty days after the receipt of a report of a motor vehicle accident

within this state which has resulted in bodily injury or death) or damage to property

of any one person in uf fivc hunid doll&.,, o’ if tL. Jan-iac is tu jJ1U&ty

unrnA by thc. staL ufL&ui.ana m cm .nuuUnt In ...a.aa f fifty dollars, the secretary

does not have on file evidence satisfactory to him that the person who would

otherwise berequired to file security and give proofof financial responsibilityunder

Subsection B of this Section has been released from liability, or has been finally

adjudicated not to be liable, or has executed a duly acknowledged written agreement

providing for the payment of an agreed amount in installments with respect to all

claims for injuries or damages resulting from the accident the secretary shall

determine the amount of security which shall be sufficient in his judgment to satisfy

any judgment or judgments for damages resulting from such accidents as may be

recovered against each operator or owner.

* *

APPROVED:

SPEAKER OF TaHou’SE OF SENTATIVES

PRESIDENT OF SENATE/J/

/GOVERNOR’OF T STAT F LOUISIANA

/


accident, may make such report. The operator or the owner shall furnish such

additional relevant infoination as the commissioner shall require.

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CODThJG: Words in sLck tlnuath type are deletions from existinglaw; words underscoredare additions.

ACT 3

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SENATE BILL NO. 559

BY SENATOR ERDEY


NO EDITSClassification R. S. 3Z-

I ACT

2 To amend and reenact R.S. 32:898(A)’ánd 901, relative to certificates of insurance; to

3 provide for method of filtniroof and notice of cancellation or termination; and to

4 provide for relatettriiatters.-/7

5 Be it enacted by QiwLegislature ofLouisiana:

6 Seqtibn 1. R.S. 32:898(A) and 901 are hereby amended and reenacted to read as

7 folioWá:

8 §898. Certificate of insurance as proof

9 A. Proofoffinancial responsibility may shall be furnished by filing with the

10 commissioner the—written an electronic certificate of any insurance carrier duly

11 authorized to do business in this state certifying that there is in effect a motor vehicle

12 liability policy for the benefit of the person required to furnish proof of financial

13 responsibility. Such electronic certificate shall give the effective date of such motor

14 vehicle liability policy, which date shall be the same as the effective date of the

15 certificate, and shall designate by explicit description or by appropriate reference all

16 motor vehicles covered thereby, unless the policy is issued to a person who is not aie

17 owner of a motor vehicle.

18 * * *

19 §901. Notice of cancellation or termination of certified policy

20 When an insurance carrier has certified a motor vehicle liability policy under

21 R.S. 32:898 or a policy under R.S. 32:899, the insurance so certified shall not be

22 cancelled or terminated until at least ten days after a notice of cancellation or

23 termination of the insurance so certified shall be filed electronically by the

Page 1 of2Coding: Words which are struck tkoi4gh are deletions from existing law;words in boldface type and underscored are additions,

SB NO. 559 ENROLLED

insurance carrier in the office of the commissioner, except that such a policy

subsequently procured and certified shall, on the effective date of its certification,

terminate the insurance previously certified with respect to any motor vehicle

designated in both certificates.

Page 2 of 2Coding: Words which are stJ.. tLccn..gL are deletions from existing law;words in boldface type and underscored are additions.

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GOVERNOR

APPROVED: %?24 ‘4u( i-i-

OF LOUISIANA

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AC]Ltfl.Regular Session, 2012

HOUSE BILL NO. 857

BY REPRESENTATIVE JOHNSON

ENROLLED


NO EDITSClassification g .5. SL

Page 1 of2

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To enact R.S. 32:900.1, relative tofor-hire motor vehicles used to transport railroada /

workers; to provide for mininyi6i liability coverage for passengers; and to provide

for related matters./

Be it enacted by the Legisl9tiIre of Louisiana:

Section 1. RS.12:900.1 is hereby enacted to read as follows:

S900.1. Proofoflinancial responsibility: carriers of railroad workers

A, This Section shall apply to persons, Iirrns, corporations, or contract

carriers who are in the for-hire business ofproviding transportation services on the

highways of this state for railroad workers in the course of their employment.

B. It shall be unlawful for any for-hire person. finn. corporation, or contract

carrier to onerate any motor vehicle alonn or ution any nublic street or hiahwav in

any parish, incorporated city, town, or village in this state for the carriage of

passengers employed by or contracting as workers for a railroad company in the

course of their employment unless such for-hire person. firm. corporation, or

contract carrier has given, and there is in full force and effect and on file with the

office of motor vehicles of the Department of Public Safety and Corrections, proof

of financial responsibility pursuant to Subsection C of this Section.

C. When a vehicle that is designed to carry fifteen or fewer passengers is

used by a for-hire person, firm, corporation, or contract carrier to transport

passengers who are employed by or who are contracting as workers for a railroad

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company in the course of their employment, that for-hire person, firm, corporation.

or contract carrier shall, as uroofoffinancial responsibility, maintain and be able to

HB NO, 857 ENROLLED

show verification ofhit and run, uninsured, and underinsured motor vehicle coverage

E. The provisions of this Section shall not apply to any railroad company

using vehicles owned by the railroad company and operated by railroad employees

to transport railroad employees in the comae of their emnlovment.

APPROVED: (7bf(oIiz1/t’

Page 2 of 2

CODING: Words in sLw..k tli5Ltype are deletions from existing law; words iinderrnnrr’are additions.

in a total amount ofnot less than five hundred thousand dollars per passenger.

11W Whenever the owner of a for-hire carrier used to transport railroad

workers is found in violation of this Section. the Department of Public Safety and

Corrections, office ofmotor vehicles, shall send the owner a “Notice of Violation”

within thirty days of the violation. The notice shall inform the owner that

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noncompliancewith theprovisions ofthis Section shalL subjectthe registration ofthe

carrier vehicle to suspension.

(2 The office of motor vehicles shall adont rules and regulations in

accordance with the Administrative Procedure Act, subject to oversithtby the House

and Senate committees on transportation, highways and public works as are

necessary regarding the reaulation and enforcement of this Section. This authority

shall include the assessment of fees and fines in accordance with this Section.

(3 In the event that the driver and the owner are not the same nerson. the

4rjyr_shall_not be responsible for violations of this Section.

SPEAKER OF THEHOUSE &EPRESENTAT1VES

GOVERNOR OF

I..

LOUISIANA

C

La. State Law. Institutejt’

F I i I PRINTER’S COPY ,,

K4g )_P%ICEditsTo: gs. 31 Pgs. I ‘O )D,tt

Note: o.\-k&’ p. I ,4rT’ti+MttJ I

Regular Session, 2012 — ,) ‘ ENROLLED

-y4rC&t ee r9a ;50SENATE BILL NO. 360 U J

— e,cec.rc S 3 ; NOTE

BY SENATOR MARTINY AND REPRESENTATIVE PONTI

1 ,4ACT

2 To amend and reenact R.S. 32:12524 aLd (19), 1261, 1261.1, and 1263, to enact R.S.

e7 /3?: 1252(52) through (69), 1262((, 1264(D), 1267(C), 1268(D), and Parts U, III, and

4 IV of Chapter 6 of Title 32 oft the Louisiana Revised Statutes of 1950, to be

5 comprised of R.S. 32:1270 ough 127030, and to repeal R.S. 32:1257.1 and

6 1268.1, relative to mann products, motorcycles, all-terrain vehicles, and

7 rcreational vehicles; to pr vide for certain terms, conditions, requirements, and

8 procedures; to provide f r definitions; to provide for the establishment of new

9 dealerships and the tel ation of existing dealerships; to provide for payment to

10 dealers; to provide fo unauthorized acts; to provide for warranty agreements and

11 application thereof, o provide for the sale and leasing of certain marine products,

12 motorcycles, all- am vehicles, and recreational vehicles; to provide for the

13 succession of dealer; to provide for the procedure to terminate a dealership; to

14 provide for e repurchase of certain products, equipment, parts, and tools; and to

15 provide f related matters.

16 Be it enacted the Legislature of Louisiana:

17 Sec on 1. ItS. 32:1252(4) and (19), 1261, 1261.1, and 1263 are hereby amended

18 andreena/ted and ItS. 32:1252(52) through (69), 1262(C), 1264(D), 1267(C), 1268(D), and

19 Parts ifi, and IV of Chapter 6 ofTitle 32 of the Louisiana Revised Statutes of 1950, to be

20 comprised of ItS. 32:1270 through 1270.30 are hereby enacted to read as follows:

21 §1252. Definitions

22 The following words, tenns, and phrases, when used in this Chapter, shall

23 have the meanings respectively ascribed to them in this Section, except where the

24 context clearly indicates a different meaning -

- s 6cr 3z ftr1th*iT[25 * * * ‘ L’)t7

___

aic.st..

26 (4) “Boat package” means a boat that is equipped from its manufacturer or

27 distributor with an inboard, outboard, or inboard/outboard motor or engine attached

Page 1of82Coding: Words which are struck th1l1are deletions from existing law;

‘no words in holdface.type and underscored are additions,

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N• (3Io)R4alA(39) 3 (93)*Ivs-czyh (‘Ifr)

&°) .Dkvd (L/j) > (“9)--’ f’s?)TdNZ) Hvin4 (‘%) (52) *Jnn$ (k)(‘/7) /4w714 &‘ (‘L’3;) l%4,rh /‘j(so)w’øcli)

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ts) &v4U) -?“ (g7) a-k-If 1413’)(k7)4htv1,hO9j (&) - (bg)

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State Law. ipatltut

Hole:

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SB NO. 360 ENROLLED

1 thereto, installed thereon, or shipped or invoiced together as a package. The boat

2 package may include a trailer invoiced from the manufacturer of the boat. For

3 the purposes of this Chapter, the boat package brand shall be determined by the

4 brand of the boat.

5* * *

(tc)

6 —ff9-”Franchise” means any written contract or selling agreement between

7 a motorvehicle orrecreational products dealer, a motor vehicle lessor, or a specialty

8 vehicle dealer and a manufacturer, motor vehicle lessor franchisor, or converter of

9 a new motor vehicle or specialtyvehicle or its distributor or factory branch by which

10 the motor vehicle or recreational products dealer, motor vehicle lessor, or specialty

11 vehicle dealer is authorized to engage in the business of selling or leasing the

12 specific makes, models, or classifications of new motor vehicles, recreational

13 products, or specialty vehicles marketed or leased by the manufacturer, motor

14 vehicle lessor franchisor, or converter and designated in the franchise agreement or

15 any addendum thereto. For purposes of this Chapter, any written modification,

16 amendment, or addendum to the original franchise agreement, which changes the

17 rights and obligations of the parties to the original franchise agreement, shall

18 constitute a new franchise agreement, effective as of the date of the modification,

19 amendment, or addendum.

20 (28)* * *

21 -, “Marine product saleman’Lmeans any natural pqson employed

22 by a licensee of the commission whose duties include the selliirn, leasing, or

23 offering for sale or lease, financing or Insuring marine products on behalf of

24 said licensee and who holds a motor vehicle salesman license under the

25 provisions of this Chapter.(3’J)

26 —f54 “New marine product” means a marhw product the legal title to

27 which has never been transferred by a manufacturer, distributor, or dealer to

28 an ultimate purchaser.

(Si)29 -45sf) “Selling agreement” means any written contract or agreement

30 between a marine dealer and a manufacturer, or its distributor or factory

Page 2 of 82Coding: Words which are shack through are deletions from existing law;

1105 words in boldface tvne and underscored are additions.

SB NO. 360 ENROLLED

branch, by which the marine dealer is authorized to engage in the business of

2 selling or leasing the specific makes, models, or classifications of marine

3 products marketed or leased by the manufacturer, and designated in the selling

4 agreement or any addendum thereto. For the purposes of this Parueraph, any

5 written modification, amendment, or addendum to the original selling

6 agreement that changes the rights and obligations of the parties to the original

7 selling aereement shall constitute a new selling agreement effective as of the

8 date of the modification, amendment or addendum.(s€)

9 (-EEl “Used marine product” means a marine product the legaL title of

10 which has been transferred by a manufacturer, distributor, or dealer to an

Ii ultimate purchaser.

12 -45(al “TJsed marine dealer” mean any person. wkose busfrcss is.q

13 sell, or offer for sale, display, or advertise used marine products, or any person

14 who holds a license from the commission and is not excluded by Subparagraph

IS (Ii) of this Paragraph.

16 (hI “Used marine dealer” shall not include any of the following:

17 (ii Receivers, trustees, administrators, executors, guardians, or other

18 persons appointed by or actina under the judgment or order of any court.

19 (ii) Public officers while performing their official duties.

20 (lifl Employees ofpersons, corporations, or associations defined as “used

21 marine dealers” wheu engaged in the specific performance of their duties as

22 such employees.

23 (lvi Morteagees or secured parties as to sales of marine products

24 constituting collateral on a mortgage or security agreement and who do not

25 maintain a used car lot or bulldlna with one or more employed marine uroduct

26 salesman.

27 Cv) Insurance companies who sell motor yehicles to which they have

28 taken title as an incident of payments made under policies of insurance and who

29 do not maintain a used -car lot or building with one or more employed marine

30 product salesman.

Page 3 of 82Coding: Words which are struck &cg are deletions from existing law;words in boldface type and underscored are additions.

SB NO. 360 ENROLLED

1 (vU Used motor vehicle dealers licensed pursuant to R.S. 32:781 et seq.

2 (57 “Used marine product facffitv” means any facility which is owned

3 and operated by a licensee of the commission and offers for sale used marine

4 products.

5 ‘jS4..?MQtorcycle or all-terrain vehicle dealer” mean, any person who,

6 for a commission or with intent to wake a profit or Lain of money or other thins

7 of value, buys, sells, brokers, exchanges, auctions, offers. or attempts to

8 neuotiate a sale or exchange of an interest in motorcycles or all-terrain vehicles

9 and who is engaged wholly or in part in the business of buying and selilne

10 motorcycles or all-terrain vehicles in the state of Louisiana and who holds a

11 license as a recreational products dealer under the provisions of this Chapter.

12 (a) The term shall also include anyone not licensed under Chapter 6 of

13 Title 32 of the Louisiana Revised Statutes of 1950. who sells motorcycles or all-

14 terrain vehicles and who rents on a daily basis motorcycles or all-terrain

15 vehicles, not of the current year or immediate prior year models, that have been

16 titled previously to an ulthnate purchaser.

17 (b) “Motorcycle or all-terrain vehicle dealerit shall not include any of

18 the following:

19 (U Receivers, trustees, administrators, executors, Euardians. or other

20 persons appointed by or acting under the iudgment or order of any court


22 (liii Employees ofmotorcycle or all-terrain vehicle dealers when engaged

23 in the specific performance of their duties as such employees.

24 (iv) Mortgagees or secured parties as to sales of motorcycles or all-

25 terrain vehicles constituting collateral on a mortgage or security aureement

26 (v) Insurance companies.

27 (vi) Auctioneers or auction houses who are not enuaged in the auction

28 of motorcycles or all-terrain vehicles as the principal part of their business,

29 including but not limited to the following auctions: estate auctions, bankruptcy

30 auctions, farm eQuipment auctions, or government auctions.

Page 4 of 82Coding. Words which are atrudc Ehugh are deletions from existing law;


SB NO. 360 (3 i)ENROLLED

1 459j “Motorcycle or all-terrain vehicle salesman” mcans any natural

2 person employed by a licensee of the conunission whose duties include the

3 selling, leasing, or offering for sale or lease. financing or insuring motorcycle or

4 all-terrain vehicles on behalf of said licensee and who holds a motor vehicle

5 salesman license under the provisions of this Chapter.(D)

6 motorcycle or an-terrain vehicle” means a motorcycle or all-

7 terrain vehicle, the legal title to which has never been transferred by a

8 manufacturer. distributor, or dealer to an ultimate purchaser.((90)

9 -(6fl “Used motorcycle or all-terrain vehicle” means a motorcycle or all-

10 terrain vehicle, the leeal title ofwhich has been transferred by a manufacturer.

11 distributor, or dealer to an ultimate puréhaser.

(&l)12 .4634(a) “Used motorcycle or all-terrain vehicle dealer” means any

13 person. whose business is to sell, or offer for sale, display, or advertise used

14 motorcycles or all-terrain vehicles, or any person who holds alicense from the

15 commission and is not excluded by Subparagraph (b) of this Paragraph.

16 (b) “Used motorcycle or all-terrain vehicle dealer” shall not include any

j7 of the following:

18 (i) Receivers, trustees, administrators, executors, guardians, or other

19 persons appointed by or acting under the iudgment or order of any court.


21 (iii) Employees of persons. corporations, or associations enumerated In

22 the definition of “usedinotorcycle or all-terrain vehicle dealer” when engaged

23 in the specific performance of their duties as such employees.

24 (lv) Mortaaeees or secured narties as to sales of motorcycles or all-

25 terrain vehicles constitutingcollateral on a mortgage or security agreement and

26 who do not maintain a used car lot or building with one or more employed

27 motorcycle or all-terrain vehicle salesman.

28 M Insurance companies who sell motorcycles or all-terrainvehicles to

29 which they have taken title as an incident of payments made under policies of

30 insurance and who do not maintain a used car lot or building with one or more

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I’wards in boldface type and underscored ate.addjtjons.

SB NO. 360ENROLLED

1 employed motorcycle or all-terrain vehicle salesman.

2 (vU Used motorcycle or all-terrainvehicle dealers licensed pursuant to

3 R.S. 32:781 et seq.

(z.)4 —1631 “Used motorcycle or all-terrain vebicle facility” means any facility

5 which is owned and operated by a licensee of the commission and offers for sale

6 used motorcycles or all-terrain vehicles.

7 46*”New recreational vehicle” means a recreational vehicle, the legal

8 title to which has never been transferred by a manufacturer, distributor, or

9 dealer to anuitlinate purchaser.

(q7)10 (6S “Recreational vehicle dealer” means any person who, for a

11 commission or with Intent to make a profit or gain of money or other thing of

12 value, buys, sells, brokers, exchanges, auctions, offers, or attempts to negotiate

13 a sale or exchange of an interest in recreational vehicles and who is eneaged

14 wholly or In part in the business of buying and sellinQ recreational vehicles in

15 the state of Louisiana and who holds a license as a recreational products dealer

16 under the provisions of this Chapter.

17 (a The term shall also include anyone not licensed under Chapter 6 of

18 Title 32 of the Louisiana Revised Statutes of 1950, who sells recreational

19 vehicles and who rents on a daily basis recreational vehicles, not of the current

20 year or immediate prior year models, that have been titled previously to an

21 ultimate purchaser.

22 (b “Recreational vehicle dealer” shall not include any of the followin2:

23 (il Receivers, trustees, administrators, executors, guardians, or other

24 persons appointed by or actine under the judement or order of any court.

25 (ill Public officers while performing their official duties.

26 (lull Employees of recreational vehicle dealers when engaged in the

27 specific performance of their duties as such employees.

28 (iv Morteagees or secured parties as to sales of recreational vehicles

29 constitutIng collateral on a mortgage or security agreement

30 Iv) Insurance companies.

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SB NO. 360ENROLLED

I (vfl Auctioneers or auction houses who are not engaged in the auction of

2 recreational vehicles as the principal part of their business4including but not

3 limIted to the following auctions: estate auctions, bankruptcy auctions, farm

4 equipment auctions, or government anctions.

HzJ5 466— “Recrationn1 vehicle saesman” meaps any natural person

6 employed by a licensee of the commission whose duties include the selling.

7 leasing, or offering for sale or lease, financing or insuring recreational vehicles

8 on behalf of said licensee and who holds a motor vehicle salesman license under

9 the provisions of this Chapter.

10 —(&7i- “Used. recreational vehicle” means a recreational vehicle, the legal

11 title of which has been transferred by a manufacturer, distributor, or dealer to

12 an ultimate purchaser.

(7)13 ‘-f6SWa “Used recreational vehicle dealer” means any person, whose

14 business is to sell, or offer for saLe, display, or advertise used recreational

15 vehicles, or any person who holds a license from the commission and is aot

16 excluded by Subparagraph (hi of this Paragraph.

17 (b’ “Used recreational vehicle dealer” shall not include any of the

18 following:

19 (1) Receivers, trustees, administrators, executors, guardians, or other

20 persons appointed by or acting under the judgment or order of any court

21 (ID Public officers while performing their official duties.

22 (ill) Employees of persons, corporations, or associations enumerated In

23 the definition of “used recreational vehicle dealer” when engaged in the specific

24 performance of their duties as such employees.

25 (iv) Mortgagees or secured parties as to sales of recreational vehicles

26 constituting collateral on a mortgage or security agreement and who do not

27 maintain a used car lot or building with one or more employed recreational

28 vehicle salesman.

29 (vi Insurance companies who sell recreational vehicles to which they

30 have taken tide as an incident of payments made under policies of insurance

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SB NO. 360ENROLLED

I and who do not maintain a used car lot or building with one or more employed

2 recreational vehicle salesman.

3 (vi) Used recreational vehicle dealerslicensed pursuantto R.S. 32:781 et

4

5 —169t “Used recreational vehicle facility” means any facility which is

6 owned and operated by a licensee of the commission and offers for sale used

7 recreational vehicles.

8* * *

9 §1261. Unauthorized acts

10 & It shall be a violation of this Chapter:

Ii (1) For a manufacturer, a distributor, a wholesaler, distributor branch, factory

12 branch, converter or officer, agent, or other representative thereof:

13 (a) To induce or coerce, or attempt to induce or coerce, any licensee:

14 (i) To order or accept delivery of any recreational product, motor vehicle or

15 vehicles, appliances, equipment, parts or accessories therefor, or any other

16 commodity or commodities which shall not have been voluntarily ordered.

17 (ii) To order or accept delivery of any vehicle with special features,

18 appliances, accessories, or equipment not included in the list price of said vehicles

19 as publicly advertised.

20 (iii) To order for any person any parts, accessories, equipment, machinery,

21 tools, appliances, or any commodity whatsoever.

22 (iv) To assent to a release, assignment, novation, waiver, or estoppel which

23 would relieve any person from liability to be imposed by law, unless done in

24 connection with a settlement agreement to resolve a matter pending a commission

25 hearing or pending litigation between a manufacturer, distributor, wholesaler,

26 distributorbrancborfactorybranch, orofficer, agent, orotherrepresentativethereof.

27 (v) To enter into a franchise with a licensee or during the franchise term, use

28 any written instrument, agreement, release, assignment, novation, estoppel, or

29 waiver, to attempt to nullify or modify any provision of this Chapter) or to require

30 any controversy between a dealer and a manufacturer to be referred to any person or

PageR of 82

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SB NO. 360 ENROLLED

1 entity other than the commission, or duly constituted courts ofthis state or the United

2 States, if such referral would be binding upon the dealer. Such instruments are null

3 and void, unless done in connection with a settlement agreement to resolve a matter

4 pending a commission hearing or pending litigation.

5 (vi)Towaivetherighttoajurytrial.

6 (vii) To participate in an advertising group or to participate monetarily in an

7 advertising campaign or contest or to purbhase any promotional materials,

8 showroom, or other display decorations or materials at the expense of such motor

9 vehicle dealer or specialty dealer.

10 (viii) To adhere to performance standards that are not applied uniformly to

11 other similarly situated motor vehicle dealers or specialty dealers. Any such

12 performance standards shall be fair, reasonable, equitable, and based an accurate

13 information, If dealership perfonnance standards are based on a survey, the

14 manufacturer, converter, distributor, wholesaler, distributorbranch, orfactorybranch

15 shall establish the objectivity of the surveyprocess and provide this information to

16 any motor vehicle dealer or specialty vehicle dealer of the same line make covered

17 by the survey request. Each response to a survey used by a manufacturer in preparing

18 an evaluation or performance-rating of a motor vehicle dealer shall be made

19 available to that motor vehicle dealer, or it cannot be used by the manufacturer,

20 However, if a customer requests that the manufacturer or distributor not disclose the

21 consumer’s identity to the dealer, the manufacturer may withhold the consumer’s

22 identity in providing the survey response to the dealer, and the manufacturer may use

23 the response, Any survey used must have the following characteristics:

24 (aa) It was designed by experts.

25 (Sb) The proper universe was examined.

26 (cc) A representative sample was chosen.

27 (dd) The data was accurately reported.

28 (ix) To release, convey, or otherwise provide customer information, if to do

29 so is unlawful or if the customer objects in writing. This does not include

30 information that is necessary for the manufacturer to meet its obligations to the

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VOl wards in boldface tyne and underscored are additions.

SB NO. 360 ENROLLED

1 dealer or consumers in regard to contractual responsibilities, vehicle recalls, or other

2 requirements imposed by state or federal law. The manufacturer is further prohibited

3 from providing any consumer information received from the dealer to any

4 unaffihiated third party,

5 (x) To pay the attorney fees of the manufacturer or distributor related to

6 hearings and appeals brought under this Chapter. ‘2)(‘>U) — ee -r SO

7 “(b) To refuse to deliver to any licensee having a franchise or contractual I

8 arrangement for the retail sale of vehicles sold or distributed by such manufacturer,

9 distributor, wholesaler, distributor branch or factory branch, any motor vehicle,

10 publiclyadvertised Ibrimmediate delivery, within sixty days after such dealer’s order

11 shall have been received.

12 (c) To threaten to cancel any franchise or any contractual agreement existing

13 between such manufacturer, distributor, wholesaler, distributor branch or factory

14 branch and said dealer for any reason including but not limited to failure to meet

15 performance standards.

16 (d) To unfairly, without just cause and due regard to the equities of such

17 dealer, cancel the franchise of any licensee, Failure to meet performance standards

18 based on a survey of sales penetration in a regional, national, territorial, or other

19 geographic area shall not be the sole cause for cancellation of a franchise. The

20 nonrenewal of a franchise or selling agreement with such dealer or his successor

21 without just provocation or cause, or the refusal to approve a qualified transferee or

22 qualified successor to the dealer-operator as provided for in the franchise or selling

23 agreement, or solely for failure to meet performance standards based on a survey of

24 sales penetration in a regional, national, territorial, or other geographic area, shall be

25 deemed an evasion of this Paragraph and shall constitute an unfair cancellation,

26 regardless of the terms or provisions of such franchise or selling agreement,

27 However, at least ninety-days notice shall be given to the dealer of any cancellation

28 or nonrenewal of a franchise except for a cancellation arising out of the financial

29 default of the motor vehicle dealer or fraudulent activity of the dealer principal

30 which results in the conviction of a crime punishable by imprisonment. The

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SB NO. 360 ENROLLED

1 provisions of this Subsection relating to performance standards shall not apply to

2 recreational products dealers.

3 (e) To refuse to extend to a licensee the privilege ofdetermining the mode or

4 manner of available transportation facility that such dealer desires to be used or

5 employed in making deliveries of vehicles to him or it.

6 (f) To resort to or use any false or misleading advertisement in connection

7 with his business as such manufacturer of motor vehicles, distributor, wholesaler,

8 distributorbranch or factorybranch, or officer, agent or otherrepresentative thereof.

9 (g) To delay, refuse, or fail to deliver motor vehicles in reasonable quantities

10 relative to the licensee’s facilities and sales potential in the relevant market area. This

11 Subparagraph shall not be valid, however, if such failure is caused by acts or causes

12 beyond the control of the manufacturer, distributor, or other such party.

13 (h) To ship or sell motor vehicles or recreational products to a licensee prior

14 to the licensee having been granted a license byte commission to sell such vehicles.

15 Ci) To unreasonably withhold consent to the sale, transfer, or exchange ofthe

16 franchise to a qualified transferee capable ofbeing licensed as a denier in this state,

17 provided the transferee meets the criteria generally applied by the manufacturer in

18 approving new dealers and agrees to be bound by all the terms and conditions of the

19 standard franchises.

20 Ci) To fail to respond in writing to a written request for consent as specified

21 in Subparagraph (i)aboc of this Parairaph within sixty days ofreceipt ofa written

22 request on the forms, if any, generally utilized by the manufhcturer or distributor for

23 such purposes and containing the information required therein. Failure to respond

24 shall be deemed to be consent to the request.

25 (k)(i) To sell or offer to sell a new or unused motor vehicle or recreational

26 product directly to a consumer except as provided in this Chapter, or to compete with

27 a licensee in the same-line makes, models, or classifications operating under an

28 agreement or franchise from the aforementioned manutheturer. A manufacturer shall

29 not, however, be deemed to be competing when any one ofthe following conditions

30 are met:

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SB NO. 360 ENROLLED

1 (aa) Operating a dealership temporarily for areasonable period, not to exceed

2

3 (bb) Operating a bona ±ide retail dealership which is for sale to any qualified

4 independent person at a fair and reasonable price, not to exceed two years,

5 (cc) Operating in a bona tide relationship in which a person independent of

6 a manufacturer has made a significant investment subject to loss in the dealership,

7 and can reasonably expect to acquire fill ownership ofsuch dealership on reasonable

8 terms and conditions.

9 (ii) After any of the conditions have been met under Subitems (aa) and (bb)

10 of Item (i) of this Subparagraph, the commission shall allow the manufacturer to

11 compete with licensees of the same-line makes, models, or classifications under an

12 agreement or franchise from said manufacturer for longer than two years when, in

13 the discretion of the commission, the best interest of the manufacturer, consuming

14 public, and licensees are best sewed.

15 (1) To condition the renewal or extension of a franchise on a new motor

16 vehicle dealer’s substantial renovation• of the dealer’s place of business or on the

17 construction, purchase, acquisition, or rental of a new place ofbusiness by the new

18 motor vehicle dealer, unless the manufacturer has advised the new motor vehicle

19 dealer in writing of its intent to impose such a condition within a reasonable time

20 prior to the effective date ofthe proposed date ofrenewal or extension, but in no case

21 less than one hundred eighty days, and provided the manufacturer demonstrates the

22 need for such demand in view of the need to service the public and the economic

23 conditions existing in the motor vehicle industry at the time such action would be

24 required of the new motor vehicle dealer. As part of any such condition the

25 manufacturer shall agree, in writing, to supply the dealer with an adequate supply

26 and marketable model mix of motor vehicles tà meet the sales levels necessary to

27 support the increased overhead incurred by the dealer by reason of such renovation,

28 construction, purchase, or rental of a new place ofbusiness.

29 (xii) To fail to compensate its dealers for the work and services they are

30 required to perform in connection with the dealer’s delivery and preparation

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SB NO. 360 ENROLLED

obligations according to the terms of compensation that shall be filed with the

2 commission on or before October first of each year, The commission shall find the

3 compensation to be reasonable or the manufacturer shall remedy any deficiencies.

4 (n) To fail to designate and provide to the commission in writing the

S community or territory assigned to a licensee,

6 (o) To fail or refuse to sell or offer to sell to all motor vehicle franchisees in

7 a line make, every motor vehicle sold or offered for sale under a franchise to any

8 motor vehicle franchisee of the same-line make, or to unreasonably require a motor

9 vehicle dealer to pay an extra fee, purchase unreasonable advertising displays or any

10 other materials, or to remodel, renovate, or recondition its existing facilities as a

11 prerequisite to receiving a certain model or series ofvehicles. However, the failure

12 to deliver any such motor vehicle shall not be considered a violation of this Section

13 if the failure is due to a lack of manufacturing capacity or to a strike or labor

14 difficulty, a shortage of materials, a freight embargo or other cause of which the

15 franchisor has no control. This Subparagraph shall not apply to recreational product

16 manufacturers.

17 (p) To unreasonably discriminate among competing, similarly situated, same-

18 line make dealers in the sales ofvehicles, in the availability of such vehicLes, in the

19 terms of incentive programs or sales promotion plans, or in other similar programs.

20 (q) To terminate, cancel, or refuse to continue any franchise agreement based

21 upon the fact that the motor vehicle dealer owns, has an investment in, participates

22 in the management, or holds a franchise agreement for the sale or service of another

23 make or line of new motor vehicles at a different dealership location, or intends to

24 or has established another make or line ofnew motor vehicles in the same dealership

25 facilities of the manufacturer or distributor.

26 Cr) To demand compliance with facilities requirements that include any

27 requirements that amotorvehicle dealer establish ormaintain exclusive office, parts,

28 service or body shop facilities, unless such requirements would be reasonable and

29 justified by business considerations. The burden of proving that such requirements

30 are reasonable and justified by business considerations is on the manufacturer. Ifthe

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SB NO. 360 ENROLLED

franchise agreement of the manufacturer or distributor requires the approval of the

2 manufacturer or distributor for facility uses or modifications, the manufacturer or

3 distributor shall approve or disapprove such a request in writing within sixty days of

4 receipt of such request.

5 (s) To use any subsidiary, affiliate, or any other controlled person or entity,

6 or to employ the services of a third party, to accomplish what would otherwise be

7 illegal conduct under this Chapter on the part of the manufacturer or distributor.

8 (t) To operate a satellite warranty and repair center, to authorize a person to

9 perform warranty repairs who is not a motor vehicle dealer, or to authorizc a motor

10 vehicle dealer to operate a satellite warranty and repair center within the commumty

11 or territory of a same-line or make motor vehi cle dealer. This Subparagraph shall not

12 apply to recreational product manufacturers.

13 (u) To make a change in the area ofresponsibility described in the franchise

14 agreement or sales and service agreement of a dealer, without the franchisor,

15 converter, or manufacturer giving said dealer and the commission no less than sixty

16 days prior written notice by certified or registered mail.

17 (v) To attempt to induce or coerce, or to induce or coerce, any motor vehicle

18 dealer to enter into any agreement with such manufacturer, distributor, wholesaler,

19 distributor branch or factory branch or representative thereof, or to do any other act

20 unfhir to said dealer,

21 (w)(i) To coerce or attempt to coerce any retail motor vehicle dealer or

22 prospective retail motor vehicle dealer to offer to sell or sell any extended service

23 contract or extended maintenance plan or gap product offered, sold, backed by, or

24 sponsored by the manufacturer or distributor or affiliate or sell, assign, or transfer

25 any retail installment sales contract or lease obtained by the dealer in connection

26 with the sale or lease by him of motor vehicles manufactured or sold by the

27 manufacturer or distributor, to a specified finance company or class of finance

• 28 companies, leasing company or class of leasing companies, orto any otherspecified

29 persons by any of the following

30 (aa) By any statement, promise, or threat that the manufacturer or distributor

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SB NO. 360 ENROLLED

I will in any manner benefit or injure the dealer, whether the statement suggestion,

2 threat, or promise is express or implied or made directly or indirectly.

3 (bb) By any act that will benefit or injure the dealer,

4 (cc) By any contract, or any express or implied offer of contract, made

5 directly or indirectly to the dealer, for handling the motor vehicle on the condition

6 that the dealer shall offer to sell or sell any extended service contract or extended

7 maintenance plan offered, sold, backed by, or sponsored by the manufacturer or

8 distributor or that the dealer sell, assign, or transfer his retail installment sales

9 contract on or lease of the vehicle, to a specified finance company or class of finance

ID companies, leasing company or class ofleasing companies, or to any other specified

II person.

12 (dd) Any such statements, threats, promises, acts, contracts, or offers of

13 contracts, when their effect may be to lessen or eliminate competition.

14 (ii) Nothing contained in this Subparagraph shall prohibit a manulhcturer or

15 distributor from offering orprovidingincentive benefits orbonus programs to a retail

16 motor vehicle dealer or prospective retail motor vehicle dealer who makes the

17 voluntary decision to offer to sell or sell any extended service contract or extended

IS maintenance plan offered, sold, backed, or sponsored by the manufacturer or

19 distributor or to sell, assign, or transfer any retail installment sale or lease by him of

20 motor vehicles manufactured or sold bythe manufacturer or distributor to a specified

21 finance company or leasing company.

22 (2) For amotor vehicle dealer, specialty vehicle dealer, recreational product

23 dealer, used motor vehicle dealer, or a motor vehicle salesman:

24 (a) To require a purchaser of a vehicle, as a condition of sale and delivery

25 thereof, to also purchase special features, appliances, accessories, or equipment not

26 desired or requested by the purchaser; however, this prohibition shall not apply as

27 to special features, appliances, accessories, or equipment which are permanently

28 affixed to the vehicle.

29 (b) To represent and sell as a new vehicle any vehicle, the legal title ofwhich

30 has been transferred by a manufacturer, distributor, or dealer to an ultimate

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SD NO. 360 ENROLLED

1 purchaser.

2 (c) To resort to or use any false or misleading advertisement in connection

3 with his business as such vehicle dealer or motor vehicle salesman.

4 (ci) To sell or ofi’erto sell makes, models, or classifications of new vehicles

5 for which no franchise and license to sell is held.

6 (e) Except as otherwise approved by the commission, to sell or offer to sell

7 a vehicle from an unlicensed location.

8 (f) To deliver to a prospective purchaser a new or a used vehicle on a sale

9 conditioned on financing, i.e., a spot delivery, except on the following terms and

10 conditions which shall be in writing and shall be a part of the conditional sales

11 contract or other written notification siied by the purchaser:

12 (1) That if the sale is not concluded by the financing of the sale to the

13 purchaser within twenty-five days of the delivery, the sale contract shall be null and

14 void.

15 (ii) That the vehicle being offered for trade-in by the purchaser shall not be

16 sold by the dealer until the conditional sale is complete.

17 (iii) That there shall be no charge to the purchaser should the conditional sale

18 not be completed, including but not limited to mileage charges or charges to

19 retbrbish the vehicle offered for trade-in, However, the purchaser shall be

20 responsible for any and all damages to the vehicle or other vehicles damaged by the

21 fault of the purchaser and any and all liability incurred by the purchaser during the

22 purchaser’s custody of the vehicle to the extent provided for in R.S. 22:1296.

23 (iv) That ifthe conditional sale is not completed, the dealer shall immediately

24 refund to the purchaser upon return ofthe vehicle all sums placed with the dealership

25 as a deposit or any other purpose associated with the attempted sale of the vehicle.

26 (v) That the prospective purchaser shall return the vehicle to the dealership

27 within forty-eight hours ofnotificationby the dealer that the conditional sale will not

28 be completed. If the prospective purchaser does not return the vehicle to the

29 dealership within forty-eight hours ofnotification by the dealer, an authorized agent

30 of the dealer shall have the right to recover the vehicle without the necessity of

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SB NO. 360 ENROLLED

1 judicial process, provided that such recovery cnn be accomplished without

2 unauthorized entry into a closed dwelling, whether locked or unlocked and without

3 a breach ofpeace.

4 (g) To pay a fee to any person in return for the solicitation, procurement, or

5 production by that person of prospective purchasers for new and used vehicles,

6 except to a salesman licensed under the provisions of this Chapter.

7 Ch) To fail to filly and completely explain each charge listed on a etail

S buyer’s order or vehicle invoice prior to the purchase of a vehicle.

9 Ci) When selling a vehicle to a consumer, to assess any consumer services

10 fees, which shall include fees for treating the interior upholstery of the vehicle, oil

11 changes, roadside assistance, dealer inspections, or any other service offered by the

12 dealer, without allowing the buyer to refuse such services and be exempt from

13 payment for such services. The provisions of this Subparagraph shall not apply to

14 dealer-added options or accessories which are permanently affixed to the vehicle,

15 (j) To fail to disclose to a purchaser, in writing, which components of a

16 specialty vehicle are subject to a manufacturer’s or distributor’s warranty agreement

17 and which components are subject to a specialty vehicle dealer’s or other warranty

18 agreement. The specialty vehicle dealer shall identify in writing the location of the

19 two nearest authorized manufhcturer or distributor warranty service providers.

20 School bus warranty repair work except for engine and transmission repair work,

21 may also be performed by repair facilities, authorized by the manufacturer or

22 distributor, which are not school bus dealers. Further, nothing in this Chapter shall

23 prohibit a manufacturer of school buses licensed by the Louisiana Motor Vehicle

24 Commission from authorizing warranty and other repair or maintenance services to

25 be performed at any location of a motor vehicle dealer licensed under this Chapter

26 which holds a franchise from any affiliate or subsidiary of the school bus

27 manufacturer.

28 (k)(i) To fail to disclose to a purchaser in writing on the sales contract,

29 b’uyer’s order, or any other document that the dealer may be participating in finance

30 charges associated with the sale.

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(ii) To participate in a ünance charge that would result in a difference

2 between the buy rate and the contract rate ofmare than three percentage points.

3 (iii) The provisions of this Subparagraph shall apply only to transactions

4 subject to the Louisiana Motor Vehicle Sales Finance Act.

5 (3) For a motor vehicle or recreational product lessor or motor vehicle lessor

6 agent

7 (a) To represent and sell as a new vehicle any vehicle which has been used

8 or intended to be used and operated for leasing and rental purposes.

9 (b) To resort to or use any false or misleading advertising in connection with

10 the business of leasing or renting vehicles.

II (c) To lease, rent, sell, oroffer to sell a vehicle from a location not licensed

12 for such activity.

13 (d) To rent or lease any vehicle which has been located within this state for

14 a period of thirty days or more, unless such vehicle has been issued a Louisiana

IS license plate by, and all license fees and taxes have been paid to, this state.

16 (e) To pay a fee to any person in return for the solicitation, procurement, or

17 production by that person of prospective lessees of vehicles, unless the person

18 receiving the fee is a lease facilitator who holds a valid license as provided by this

19 Chapter and a valid appointment from the motor vehicle lessor as provided by R.S.

20 32: 1266(B)(1). The fees prohibited by this Subparagraph shall not include amounts

21 paid to a dealer as part of the consideration for the sale or assignment of a lease or

22 leased vehicle or other amounts paid to the dealer who transfers the title on the

23 vehicle or assigns the lease contract to the motor vehicle lessor.

24 (1) To fail to filly and completely explain each charge listed on a retail

25 buyer’s or lessee’s order or vehicle invoice or leasing agreement prior to the lease of

26 a vehicle.

27 (g) When leasing a vehicle to a consumer, to assess any consumer services

• 28 fees, which shall include fees fur treating the interior upholstery of the vehicle, oil

29 changes, roadside assistance, dealer inspections, or any other service offered by the

30 motor vehicle lessor, without allowing the consumer to refuse such services and be

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SB NO. 360 ENROLLED

I exempt from payment for such services, The provisions of this Subparagraph shall

2 not apply to motor vehicle lessor-added options or accessories which are

3 permanently affixed to the vehicle.

4 (4) For a lease facilitator:

5 (a) To hold himself out to any person as a “leasing company”, “leasing

6 agent”, “lease facilitator”, or similar title, directly or indirectly engaged in the

7 business of a lease facilitator, or otherwise engaged in the solicitation orprocurement

8 ofprospective lessees for vehicles not titled in the name ofand registered to the lease

9 facilitator, without holding a valid lease facilitator license and being in compliance

10 with the terms of this Chapter.

11 (b) To sell or offer to sell a new vehicle.

12 (c) To accept a fee from a dealer or consumer.

13 (d) To sign a vehicle manufacturer’s statement of origin to a vehicle, accept

14 an assignment of a manufacturer’s statement of origin to a vehicle, or otherwise

15 assume any element of title to a new vehicle.

16 (e) To procure or solicit prospective lessees for or on behalf of any person

17 other than a motor vehicle lessor.

18 (f) To act in the capacity of or engage in the business of a lease facilitator

19 without a valid appointment from ainotor vehicle lessor to act on behalfofthe motor

20 vehicle lessor in soliciting prospective lease clients or customers as provided by this

21 Chapter.

22 (5) For a broker:

23 (a) To hold himself out to any person as a “broker”, “purchasing company”,

24 “sales agent”, or similar title, engaged in the business of broker, or otherwise

25 engaged in the solicitation or procurement ofprospective purchasers for vehicles not

26 titled in the name of and registered to the broker, unless the broker holds a valid

27 broker license and is in compliance with the terms of this Chapter.

28 (b) To sell, or offer to sell, or display a new vehicle.

29 (c) To be paid a fee by a dealer.

3D (d) To sign a vehicle manufacturer’s statement of origin to a vehicle, accept

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SB NO. 360 ENROLLED

1 an assignment of a manufacturer’s statement of origin to a vehicle, or otherwise

2 assume any element of title to a new vehicle.

3 (e) To act in the capacity of or engage in the business of a broker without a

4 valid license issued as provided by this Chapter and a valid appointment from a

S motor vehicle lessor to act on behalf of the motor vehicle lessor in soliciting

6 prospective lease clients or customers as provided by this Chapter.

7 (1) To fail to execute a written brokering agreement and provide a completed

8 copy to both of the following:

9 (i) Any consumer entering into the brokering agreement. The completed copy

10 shall be provided prior to the consume?s signing an agreement for the purchase of

11 the vehicle described in the brokering agreement, or, prior to accepting one hundred

12 dollars or more from that consumer, whichever comes first

13 (ii) The selling dealer. The completed copy shall be provided prior to the

14 selling dealer’s entering into a purchase agreement with the consumer at the time of

15 delivery.

16 (g) To accept a purchase deposit from any consumer that exceeds two point

17 five percent of the selling price of the vehicle described in the brokering agreement.

18 (h) To fail to refund any purchase money, including purchase deposits, upon

19 demand by a consumer at any time prior to the consumer’s signing a vehicle purchase

20 agreement with a selling dealer of the vehicle described in the brokering agreement.

21 (i) To fail to cancel a brokeriug agreement and refund, upon demand, any

22 money paid by a consumer, including any brokerage fee, under any of the following

23 circumstances:

24 (1) When the final price of the brokered vehicle exceeds the purchase price

25 listed in the brokering agreement.

26 (ii) When the vehicle delivered is not as described in the brokering

27 agreement.

28 (iii) When the brolcering agreement expires prior to the customer’s being

29 presented with a purchase agreement from a selling dealer arranged through the

30 brokering dealer that contains a purchase price at or below the price listed in the

Page 20 of 82Coding: Words which are bhu..i are deletions from existing law;


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transaction.

(k) To fail to disclose to the consumer the dollar amount of any fee that the

consumer is obligated to pay to the broker. This arrangement shall be confirmed in

a brokering agreement.

(1) To fail to maintain, for a minimum of three years, a copy ofthe executed

brokering agreement and other notices and documents related to each brokered

transaction.

(m) To fail to advise the consumer, prior to accepting any money, that a flail

refund will be given if the motor vehicle ordered through the broker is not obtained

for the consumer.

(5) For any person or other licensee:

(a)Ø) To modi1’ a franchise during the term of the agreement or upon its

renewal if themodification substantially and adversely affects the franchisee’s rights,

obligations, investment, or return on investment without giving sixty days written

notice of the proposed modification to the licensee and the commission which

includes the grounds upon which the modification is based, unless the modification

is required by law, court order, or the commission. Within the sixty day notice period

the licensee may file with the commission a complaint for a determination whether

there is good cause for permitting the proposed modification. The party seeking to

modify or replace an agreement shall demonstrate by a preponderance of the

evidence that there is good cause for the modification or replacement, The

commission shall schedule a hearing.within sixty days to decide the matter. Multiple

complaints pertaining to the same proposed modifications shall be consolidated for

hearing. The proposed modification may not take effect pending the determination

of the matter.

(11) wab ra tv iitaaUonnl produ..ta, to2dfj afi11d1Lcdu1gth.

tc of th.., aeizsc.t o. ao 1ts 1f the,.1odifiaUo11 substtia1ly .d

adc1sJy aff.4s th1.. fr&4chiscJs sal.ta, [email protected], sflhi$t.u..ut, vi ia..tuiu vu

Page 21 of 82

Coding: Words which are sLa.k lrnni are deletions from existing law;

words in boldface tVpe and underscored. are additions.

SB NO. 360ENROLLED

brolcering agreement.

Q) To act as a seller and provide brokering services, both in the same

i/us

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SB NO. 360 ENROLLED

flc,atjflflt n4thout vi±g saty-day wtten noticc of ptvpva$..1odi&atio. tu

the, 1e,I.aISCC nad tin, t,vwiiiaSipp u,ilcss tin. .A.ficaLo11sar. U1 law, c.urt

vi lIsp i.euuuniSSlOn. Within t.h sxty-day p&d tin. le,4.sa ay file

Vv th tL Cuu1nhiaiu,, & tusispIaisst fo. a &tt,.minativss Wlsuthi.s UISLU uod ..auS. filL

thc Thc. party sccking to mod. ut t.-pla$ a..

a..cmcnt sLJi d..uushatc by a pftpoi.dutancG of thc rduca.. thpt thtat, ood

cauS fui rnudifli..ahua vi wpIw.mnt. Th cunnnasuu hall schduL a Iso&mg

4thin s’xty days to &Jd th mutt..a. Multiple COmpl&intS prtuin to th SwuC

rouscJ woth&aboua0bJl in. cuuauhdntcd f01 hcasms. Thcproposcd mGth&&tsOfl

rn&j ..t LL .ffct p...udin tlitt &Lisainabun uftla. isiatLi.

(b) In making a determination ofwhether there is good cause for permitting

aproposed modification, the commission may consider any relevantfactor including:

(I) The reasons for the proposed modification.

(ii) Whether the proposed modification is applied to or affects all licensees

in a nondiscriminating manner.

(iii) The degree to which the proposed modification will have a substantial

and adverse effect upon the licensee’s investment or return on investment.

(iv) Whether the proposed modification is in the public interest.

(v) The degree to which the proposed modification is necessary to the orderly

and profitable distribution of vehicles and other services by the licensee.

(vi) Whether the proposed modification is offset by other modifications

beneficial to the licensee.

(c) The decision of the commission shall be in writing and shall contain

findings of fact and a determination ofwhether there is good cause forpermitting the

proposed modification. The commission shall deliver copies of the decision to the

parties personally or by registered mail.

(7) For any employee of a licensee while acting in the scope of his

employment, to accept any payment, commission, fee, or compensation of any kind

from any person other than the employing licensee, unless such payment is fully

disclosed to and approved by the employing licensee.

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SB NO. 360 ENROLLED

1 B. The provisions of this Section shall not apply to a dealer.

2 manufacturer. distributor, wholesaler, distributor branch, factory branch, or

3 convertor of marine products, motorcycles or all-terrain vehicles, or

4 recreational vehicles, or any officer. a2eut, or other representative thereof.

5 §1261,1. Indemnification of franchised dealers

6 & Notwithstanding the temis ofany franchise agreement, each manufacturer

7 or converter shall indemni’ and hold harmless its franchised dealers against any

8 judgment for damages, including but not limited to court costs and reasonable

9 attorney fees of the dealer, arising out of complaints, claims, or lawsuits including

10 but not limited to strict liability, negligence, misrepresentation, express or implied

11 warranty, or rescission of sale to the extent that the judgment arises out of alleged

12 defective or negligentmanufacture, assembly, or design ofmotcrvebicles, speciality

13 vehicle, recreational product parts, or accessories, or other fhnctions by the

14 manufacturer of converter, which are beyond the control of the dealer.

15 B. The provisions of this Section shall not apply to a franchised

16 recreational vehicle dealer, marine dealer, or motorcycle or all-terrain vehicle

17 dealer,

18* * *

19 § 1262. Warranty; compensation; audits of dealer records

204. * *

21 C. The urovisions of this Section shaH not apply to a dealer.

22 manufacturer, distributor, wholesaler, distributor branch. or factory branch of

23 marine products, motorcycles or nil-terrain vehicles, or recreational vehicles,

24 or any officer, agent, or other representative thereof.

25 §1263. Motor vehicle repairs

26 S Suppliers of mechanical repairs and services for any vehicle subject to

27 regulation pursuant to this Chapter shall provide each consumer with an itemized bill

28 indicatingrepairs and services performed, parts replaced, ormaterials used, the total

29 labor charge, and the identity oftheinechanic, repairman, or supplierwho performed

30 the work. However, nothing in this Section shall prohibit a supplier of mechanical

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SB NO. 360 ENROLLED

1 repairs and services from charging a service fee for the use of shop supplies such as

2 rags, fender covers, small amounts of fluid, or other items which are not itemized,

3 provided that such fee does not exceed five percent of the total invoice for

4 mechanical repairs or thirty-five dollars, whichever is less.

5 B. The provisions of this Section shall not apply to suppliers of

6 mechanical repairs and services for any recreational vehicle subject to

7 reenlation of this Chapter.

8 § 1264. Damage disclosure

9 * * *

10 D. The provisions of this Section shaH notapplv to marine products,

11 motorcycle or all-terrain vehicles,or recreational vehicles.

12 * * *

13 § 1267. Succession; right of first refusal

14 * * *

15 C. The provisions of this Section shall not apply to the succession of any

16 marine dealer, motorcycle or all-terrain vehicle, or recreational vehicle.

17 §1268. Requirements upon termination; penalty; indemnity

18 * * *

19 D. Notwithstanding any provision of law to the contrary, the provisions

20 of this Section shall not apply to a marine dealer, motorcycle or all-terrain

21 vehicle dealer, or recreational vehicle dealer.

22* * *

23 PART II. PROVISIONS SPECIFIC TO MARINE PRODUCTS

24 81270. Establishment of new marine dealerships or relocations: protests:

25 procedure

26 A. Whenever the commission receives an application for a recreational

27 products dealer’s license that would add a new marine dealership, it shall first

28 notify the existing licensed marine dealership or dealerships sellina the same-

29 line makes, models, or classifications if the new dealership’s proposed location

30 is within the existing dealer’s area of responsibility. Any same-line makes.

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models, or classifications dealership whose area of responsibility includes the

location of the proposed new marine dealership may object to the granting of

the license.

B. Whenever the commission receives an application for a recreational

products dealer’s license which would relocate an existing marine dealership.

it shall first notify the existing licensed marine dealership or dealerships selling

the same-line makes. models, or classifications if the dealership’s proposed new

location is within the existing dealer’s area of responsibffltv. The existing same-

line makes. models, or classifications dealership or dealerships shall have the

right to oWed to the granting of the license only if the proposed relocation is

within a radius of seven miles of its facility. However, without reeard to

distance, whenever the commission receives an application for the relocation of

a marine dealership which would add an additional marine dealership to an

existing same-line makes, models, or classifications dealership’s area of

responsibility, the affected dealership shall have the riaht to object.

C. The objection shall be in writing and shall be received by the

commission within a fifteen-day neriod after receipt of the notice. The fifteen-

day objection period shall be waived upon written notification to the

conunission from all licensees entitled to object that the licensees have no

objections to the proposed change or addition for which the notice of intent was

issued. If a timely objection is lodged, and prior to the issuance of the license,

the conunission shall hold a hearing within thirty days after receipt of the

objection and issue its decision within ninety days after date of the hearing.

Notice ofhearinE and an opportunity to participate therein shall be eiven to the

manufacturer or distributor, the applicant for the license as a marine dealer.

and to the protesting dealership or dealerships.

I). Whenever the commission receives an objection pursuant to the

provisions of Subsection A of this Section, or whenever the commission receives

an objection pursuantto the assignment of the marine dealer’s area ofprincipal

sales and service responsibility, the commission shall consider the foliowing and

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may consider any other relevant factors in determining whether there is good

cause to approve or reject the assignment of the marine dealerTs area of

principal sales and service responsibility, or to issue a license:

(1) Whether the community or territory can support an additional

marine dealership.

(21 The financial impact on both the applicant and the existing marine

dealership or dealerships.

(31 Whether the existing marine dealerships of the same-line makes,

models, or classifications in the dealersbip’5 area ofresponsibility are providing

adeuuate representation, competition, and convenient consumer care for the

marine products of the same-line makes, models, or classifications located

within that area.

(41 Whether the issuance of the license would increase competition, he

in the public interest, or both.

E. In disputes between the marine dealers and manufacturers and

distributors regarding the execution of an a2reement that would add a new

same-line make marine dealership or would add the same product line

regardless of brand name within the area ofresponsibiity ofan existing marine

dealer, the name brand of the boat determines whether a dealer may enter into

a franchise for a particular boat package or boat package line. The marine

motor, marine engine, boat trailer, or any accessory made a part of a boat

package shall not be the subject of. or a consideration in, an area of

responsibility dispute for violation involving the boat package.

F. A manufacturer or distributor of a marine motor or marine engine

may. in its discretion, enter into a warranty service agreement with a marine

dealer of a boat nuekage that is packaged with its particular brand marine

motor or engine withoutviolatlng the area of•responsibilitv ofany other marine

dealer thathas a franchise of that brandmarine motor or engine. However, the

warrant-v service agreement shall not be construed to permit the marine dealer

to sell the marine motor or eugine separate from the boat package, and the

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marine dealer shall not hold itself out to be a full-line or loose marine motor or

engine dealership.

S1270.1. Unauthorized acts; marine products

It shall be a violation of this Part:

(1) For a manufacturer, a distributor, a wholesaler, distributor branch,

or factory branch of marine products or any officer, agent or other

representative thereof:

(a) To induce or coerce, or attempt to induce or coerce, any Hcenseefl

(11 To order or accept delivery of any marine product appliances,

equipment, parts or accessories therefor. or any other commodity or

commodities which shall not have been voluntarily ordered.

(iii To order for any person any parts, accessories, equipment

machinery, tools, appliances, orany commodity whatsoever.

(iii) To assent to a release, assignment, noyation. waiver, or estoppel

which would relieve any person from liability to beimposed bylaw, unless done

in connection with a settlement agreement to resolve a matter pending a

conunission hearing or pending litigation involvina a manufacturer, distributor.

wholesaler, distributor branch or factory branch, or officer, agent, or other

representative thereof.

(iv) To enter into a franchise with a licensee or during the franchise

term, use any written instrument, agreement, release, assignment, novation,

estonnel. or waiver, to attempt to nullify or modify any provision of this

Chapter, or to require any controversy between a marine dealer and a

manufacturer to be referred to any person or entity other than the commission.

or duly constituted courts of this state or the United States, if such referraL

would be bindine upon the dealer. Such instruments are null and void, unless

done in connection with a settlement aereementto resolve a matter pending a

commission hearing or pending Htigation.

(v) To waive the right to a jury trial.

(vi) To participate in an advertising group or to participate monetarily

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I in an advertising campaign or contest or to purchase any promotional

2 materials, showroom, or other display decorations or materials at the expense

3 of such marine dealer.

4 (vii) To adhere to performance standards that are not applied uniformly

5 to other similarly situated marine dealers. Any such performance standards

6 shall be fair, reasonable, equitable, and based on accurate information. If

7 marine dealership performance standards are based on a survey, the

8 manufacturer, distributor, wholesaler, distributor branch, or factory branch

P shall establish the objectivity of the survey process and provide this information

10 to any marine dealer of the same-line make covered by the survey request Each

11 response to a survey used by a manufacturer in preparing an evaluation or

12 perfonnancc-rating of a marine dealer shall be made available to that marine

13 dealer, or it cannot be used by the manufacturer. However, if a customer

14 requests that the manufacturer or distributor not disclose the consumer’s

15 identity to the dealer, the manufacturer may withhold the consumer’s identity

16 in providing the survey response to the dealer, and the manufacturer may use

17 the response. Any sun’ey;used must have the following characteristics:

18 (aix) Itwas designed by experts.

19 (bb) The proper universe was examined.

20 (cc) A representative sample was chosen.

21 (dd) The data was accurately reported.

22 (viii) To release, convey, or otherwise provide customer information, if

23 to do so is unlawful or if the customer objects in writing. This does not include

24 information that is necessaryfor the manufacturer to meet its obligationsto the

25 marine dealer or consumers in regard to contractual responsibilities, marine

26 product recalls, or other requirements imposed by state or federal law. The

27 manufacturer is further prohibited from providing any consumer information

28 received from the marine dealer to any unaffiliated third party.

29 (ii) To pay the attorney fees of the manufacturer or distributor related

30 to hearings and appeals brought under this Chapter.

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I (x To order or accept delivery of any vehicle with special features,

2 appliances, accessories, or equipment not included in the list price of the vehicle

3 as publicly advertised.

4 (b To refuse to deliver to any licensee having a franchise or contractual

5 arrangement for the retail sale of marine products sold or distributed by such

6 manufacturer, distributor, wholesaler, distributor branch or factory branch,

7 any marine product publicly advertised for immediate delivery, within sixty

8 days after such marine dealer’s order shall have been received.

9 (c To threaten to cancel any franchise existina between such

10 manufacturer, distributor, wholesaler, distributor branch or factory branch

1] and the marine dealer for any reason.

12 (d To unfairly, without lust cause and due regard to the equities of the

13 marine dealer, cancel the franchise of the licensee. The nonrenewal of a

14 franchise with a marine dealer or his successor without just orovocation or

15 cause, or the refusal to approve a qualified transferee or qualified successor to

16 the dealer-operator as provided for inthe selling agreement shall be deemed

17 a violation of this Subparagraph and shall constitute an unfair cancellation,

18 regardless oftbe terms or provisions of sudh franchise. However, at leastninety

19 days notice shall be given to the dealer of a cancellation or nonrenewal of a

20 franchise except for a cancellation arising out of fraudulent activity of the

21 dealer principal which results in the conviction of a crime punishable by

22 imprisonment.

23 (e’) To refuse to extend to a licensee the privilege ofdetermining the mode

24 ormanner of available transportation facility that such marine dealer desires

25 to be used or employed in making deliveries of marine products to him or it.

26 (1’) To ship or sell marine products to a licensee prior to the licensee

27 havina been grantcd a license by the commission to sell such products.

28 (g) To unreasonably withhold consent to the sale, transfer, or exchange

29 of the dealershipto a qualified transferee capable of being licensed as amarine

30 dealer In this state. nroyided the transferee meets the criteria generally applied

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1 by the manufacturer In approving new niarine dealers and agrees to be bound

2 by all the terms and conditions of the standard franchises.

3 (Ii) To fail to respond in writing to a written request for consent as

4 specified in Subparagraph (g of this Paragraph within sixty days of receipt of

5 a written request on the forms, if any, eenerally utilized by the manufacturer

6 or distributor for such purposes and containing the information required

7 therein. Failure to respond shall be deemed to be consent to the request.

8 (iWil To sell or offer to sell a new or unused marine product directly to

9 a consumer except as provided in this Chapter. or to compete with a licensee in

10 the same-line makes, models, or classifications operating under an agreement

11 from the aforementioned manufacturer. A manufacturer shafl not however, be

12 deemed to be competing when any one of the following conditions are met:

13 (aa Operating a marine dealership temporarilvfor a reasonable period.

14 not to exceed two years.

15 (bb Operating a bona flde retail marine dealership that is for sale to any

16 qualified independent person at a fair and reasonable price, not to exceed two

17 years.

18 (cc) Operating in a bona Ilde relationship In which a person Independent

19 of a manufacturer has made a significant investment subject to loss in the

20 marine dealership, and can reasonably expect to acquire full ownership ofsuch

21 dealership on reasonable terms and conditions.

22 (ii) Alter any of the conditions have been met under Subitems (iWna) and

23 (bb) of this Subparagraph, the commission shall allow the manufacturer to

24 compete with licensees of the same-line makes, models, or classifications under

25 an agreement from the manufacturer for longer than two years when, In the

26 discretion of the commission, the best Interest of the manufacturer, consuming

27 public, ancilicensees are best served.

28 (II To fail to compensate its marine dealers for the work and services

29 they are required to perform in connection with the marine dealer’s delivery

30 and preparation obligations according to the terms of compensation that shall

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I be filed with the commission on or before October first of each year. The

2 conunission shaH find the compensation to be reasonable or the manufacturer

3 shall remedy any deficiencies.

4 (Ic) To fail to designate and provide to the commission in writing the

5 conununity or territory assigned to a licensee.

6 (B Té unreasonably discriminate among competing, similarly situated,

7 same-line make dealers in the sales of the marine products, in the availability

S of such marine products, in the terms of incentive programs or sales promotion

9 plans. or hi other similar programs.

10 (in) To use any subsidiary, affiliate, or any other controlled person or

II entity, or to employ the services of a third party, to accomplish what would

12 otherwise be illegal conductunder this Chanter on the part of the manufacturer

13 or distributor.

14 In) To make a change in the area of responsibility described in the

15 franchise or sales and service agreement of a dealer, without the manufacturer

16 or distributor giving the marine dealer and the commission no less than sixty

17 days prior written notice by certified or registered mail.

18 (2) For a marine dealer, used marine product dealer, marine product

19 salesman:

20 (a) To require a purchaser of a marine product as a condition of sale

21 and delivery thereof, to also purchase special features, appliances, accessories,

22 or eouinment not desired or requested by the purchaser: however, this

23 prohibition shall not apply as to special features, appliances, accessories, or

24 equipment which are permanently affixed to the marine product.

25 (hI To represent and sen as a new marine nrodact any marine product

26 the leaal title of which has been transferred by a manufacturer, distributor, or

27 dealer to an ultimate purchaser.

28 (cI To use any false or misleading advertisement hi connection with his

29 business as such marine dealer or marine product salesman.

30 (dl To sell or offer to sell makes, models, or classifications of new marine

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SB NO. 360ENROLLED

products for which no franchise and license to sell is held.

(e) Except as otherwise approved by the commission, to sell or offer to

sell a marine product from an unlicensed location.

(f) To deliver to a prospective purchaser a new or a used marine product

on a sale conditioned on financing. i.e., a spot delivery, except on the following

terms and conditions which shall be in writing and shall be a part of the

conditional sales contract or other written notification signed by the purchaser:

(i) That if the sale is not concluded by the financing of the sale to the

purchaser within twenty-five days of the delivery, the sale contract shall be null

and void.

(ii) That.the marine product being offered for trade-in by the purchaser

shall not be sold by the marine dealer until the conditional sale is complete.

(iii) Thatthere shall be no charge tothe purchaser should the conditional

sale not be completed, including but not limited to mileage charges or charges

to refurbish the marine product offered for trade-in. However, the purchaser

shall be responsible for any and all damages to the marine product or other

marine products damaaed by the fault of the purchaser and any and all liability

incurred by the nurchaser dnrin the purchaser’s custody of the marine

product to the extent provided for in ItS. 22:1296.

(iv) That if the conditional sale is not completed, the marine dealer shall

immediately refund to the purchaser upon return of the marine product all

sums ulaced with the dealership as a deposit or any other purpose associated

with the attempted sale of the marine product.

lv) Thatthe prospective purchasershall return the marine produetto the

dealership within forty-eight hours ofnotification by the marine dealer that the

conditional sale wifi not be completed. If the prospective purchaser does not

return the marine product to the dealership within forty-eight hours of

notification by the marine dealer, an authorized aaent of the marine dealer shall

have the rightto recover the marine product without the necessity of judicial

process, provided thatsuch recovery can be accompllshed withoutunauthorized

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entry into a closed dwelling, whether locked or unlocked and without a breach

of peace.

(g’ To Day a fee to any person in return for the solicitation, procurement

or production by that person of prospective purchasers for new and used

marine products, except to a salesman licensed under the provisions of this

Chapter.

(h To fail to fully and completely explain each charge listed on a retail

buyer’s order or marine product invoice prior to the purchase of a maripe

product.

(I) When seIlin a marine product to a consumer, to assess any consumer

services fees, which shall include fees fortreating the interior upholstery of the

marine product. oil changes, roadside assistance, dealer inspections, or any

other service offered by the dealer, without allowing the buyer to refuse such

services and.be exempt from payment for such: services. The provisions of this

Subparagraph shailnot apply to dealer-added options or accessories which are

permanently affixed to the marine product.

(3Thñ For any person or other licensee to modify a franchise during the

term of the agreementor upon its:renewalif.the modification substantially and

adversely affects the dealer’s rights. obligations, Investment or return on

investment without giving a sixty-day written notice of the proposed

modification: to the licenseeand the commission unless the modifications are

required by law, court order, or the commission. Within the sixty-day notice

period, the licensee may file with the commission a complaint for a

determination whether there is eood cause for permitting the proposed

modification. The party seeking to modify or replace an agreement shall

demonstrate by a preponderance of the evidence that there is goodeause for the

modification or replacement. The commission shall schedule a hearing within

sixty days to decide the matter. Multiple complaints pertaining to the same

proposed modifications shall be consolidated for hearing. The proposed

modification may not take effect pending the determination of the wafter.

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SB NO. 360 ENROLLED

I (b) En maldng a determination of whether there is Rood cause for

2 permitting a proposed modification, the commission may consider any relevant

3 factor including:

4 (ii The reasons for the proposed modification.

5 (ii) ‘Whether the proposed modification is applied to or affects all

6 licensees in a nondiscriminating manner.

7 (liii The derce to which the proposed modification wifi have a

8 substantial and adverse effect upon the licensee’s investment or return on

9 investment.

10 (Iv) Whether the proposed modification is in the public interest.

11 (v) The degree to which the proposed modification is necessary to the

12 orderly and profitable distribution ofmarine products and other services by the

13 licensee.

14 (vi) Whether the proposed modification is offset by other modifications

15 beneficial to the licensee.

16 (c) The decision of the conunission shall be in writing and shall contain

17 fmdings of fact and a determination of whether there is good cause for

18 permItting the proposed modification. The conunission shall deliver copies of

19 the decision to the parties personally or by registered mall.

20 (4) For any employee of a licensee while acting in the scope of his

21 employment, to accept any payment commission, fee, or compensation of any

22 kind from any person other than the employing licensee, unless such payment

23 is fully disclosed to and approved by the employing licensee.

24 S1270.2. Warranty: compensation: audits of marine dealer records

25 A.(1) It shall be a violation of this Chapter for a manufacturer.

26 distributor, wholesaler, distributor branch, or factory branch of marine

27 products or any officer, agent or other representative thereof to fail to

28 adequately and fairly compensate its marine dealer for labor, parts, and other

29 exDenses incurred by such dealer to perform under and comply with a

30 manufacturer’s or a distributor’s warranty ngreement.

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(21 En no event shall any manufacturer or distributor pay its marine

dealer at a price or rate for warranty work that is less than that charged by the

marine dealer to the retail customers of the marine dealer for nonwarranty

work of like kind.

(31 Warranty work includes parts and labor performed.

(4 All claims made by the marine dealer for compensation under this

Subsection shall be paid within thirty days after approval and shall be approved

or denied within thirty days after receipt When any claim is denied, the marine

dealer shall be notified In writing of the grounds for denial.

(5) The obligations set forth in this Subsection may be modified by

contract.

B.(1) Notwithstanding the terms of any franchise, warranty and sales,

incentive, audits of marine dealer records may be conducted by the

manufacturer, distributor, distributor branch, orfactory branch. Any auditfor

warranty parts or service compensation shall be for the twelve-month period

immediately following the date ofthe payment of the claim by the manufacturer

or distributor. fiowever.a marine dealer shall not be held liable by virtue of an

audit for failure to retain parts for a period in excess of six months. Any audit

for sales incentives, service incentives, rebates, or other forms of incentive

compensation shall be only for the twelve-month period immediately following

the date of the final payment to the marine dealer under a promotion, event

program, or activity. In no event shall the manufacturer, distributor.

distributor branch, or factory branch fall to allow the marine dealer to make

corrections to the sales data in less than one hundred twenty days from the

program period. Additionally, no penaltyother than amounts advanced on a

marine product reported incorrectly shall be due in connection with the audit.

With respect to marine products sold during the time period subiect to the

audit but submitted incorrectly to the manufacturer, distributor, or wholesale

distributor branch or factory branch, the marine dealer shall be charged back

for the amount reported incorrectly and credited with the amount due, if

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1 anythine, on the actual sale date.

2 (2) No claim which has been approved and paid may be charged hack to

3 the marine dealer unless it can be.shown that one of the following applies:

4 (a) The claim was false or fraudulent

5 (b) The repairs were not properly made.

6 (ci The repairs were unnecessary to correct the defective condition under

7 generally accepted standards of workmanship.

8 (dl The marine dealer failed to reasonably substantiate the repair in

9 accordance with reasonable written requirements of the manufacturer or

10 distributor, if the marine denier was notified of the requirements prior to the

11 time the claim arose and if the requirements were in effect at the time the claim

12 arose.

13 (3) A manufacturer or distributor shall not deny a claim solely based on

14 a marine dealer’s incidental failure to comply with a specific claim processing

15 requirement, or a clerical error, or other administrative technicality.

16 (41 Limitations on warranty parts or service compensation, sales

17 incentive audits, rebates, or other forms of incentive compensation. chargebacks

18 for warranty parts or service compensation, and service inèeritiyes and

19 charebacks for sales compensation only shall not be effective in the. case of

20 intentionally false or fraudulent claims.

21 (5) It shall be deemed an unfair act pursuant to this Chapter to audit a

22 marine dealer more frequently than two sales-related and two service-related

23 audits in a twelve-month period. Nothing In this Subsection shall limit a

24 manufacturer’s or distributor’s ability to nerform routine claim reviews in the

25 normal course of business.

26 (6) No claim may be rejected as late if it has been submitted within sixty

27 days of the date the repair order was written.

28 $1270.3. Sale of water-damaged marine products

29 A. No person shall sell, transfer, or convey any new or used marine

30 product to any person without notifying the buyer or receiver of the marine

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I product In writing of the extent of any water damage from flooding which

2 occurred to the marine product prior to the transaction.

3 B. If a sale. transfer, or conveyance of a new or used marine product

4 occurs in violation of Subsection A of this Section. the person receiving

5 ownership and title to the marine product who is not otherwise aware of the

6 damage at the time of the transaction may bring an action to set aside the

7 transaction within one year from the date of the transaction and receive all

8 monies or other property given as consideration for the marine product less a

9 reasonable assessment for wear and tear.

10 C. For the purposes of this Section. a “water-damaged marine product”

11 means any marine product whose power train, computer, or electrical system

12 has been damaged by flooding.

13 61270.4. Succession; right of first refusal: marine dealers

14 A. The terms of the franchise notwithstanding, any marine dealer may

15 appoint by will, or other written instrument, a designated successor to succeed

16 in the ownership interest of the marine dealer in the marine dealership upon the

17 death or incapacity of the marine dealer.

18 B. Unless good cause exists for refusal to honor the succession on the

19 part of the manufacturer or distributor, any designated successor of a deceased

20 or incapacitated marine dealer of a marine dealership may succeed to the

21 ownership of the marine dealership under the existing franchise if:

22 (1) The designated successor gives the manufacturer or distributor

23 written notice of his intention to succeed to the ownership of the marine dealer

24 within sixty days of the marine dealer’s death or incapacity.

25 (2) The designated successor agrees to be bound by all tbe terms and

26 conditions of the franchise.

27 C. The manufacturer or distributor may request, and the designated

28 successor shall provide, promptly upon such request personal and financial

29 data reasonably necessary to determine whether the succession should be

30 honored.

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1 B. If a manufacturer or distributor believes that good cause exists for

2 refusing to honor the succession of a deceased or incapacitated marine dealer,

3 the manufacturer or distributor may. not more than sixtydays followina receipt

4 of notice of the designated successor’s intent to succeed and receipt of such

5 personal or financial data, serve upon the designated successor notice of its

6 refusal to honor the succession and of its intent to discontinue the existing

7 franchise with the marine dealer not earlier than six months from the date such

8 notice is served.

9 E The notice must state the specific grounds for the refusal to honor the

10 succession.

11 F. If notice of refusal and discontinuance is not timely served upon the

12 designated successor, the franchise shall continue in effect subject to

13 termination only as otherwise pernijttedby this Part.

14 0. In determinina whether good cause for the refusal to honor the

15 succession exists, the manufacturer or distributor has the burden of proving

16 that the designated successor is not of good moral character or does not

17 otherwise meet the manufacturer’s or distributor’s reasonable standards as a

18 marine dealer.

19 B. If a manufacturer or distributor refuses to honor the succession to

20 the ownership interest of a deceased or incapacitated owner for good cause, then

21 and in such event the manufacturer or distributor shall allow the designated

22 successor a reasonable period of time which shall not be less than six months in

23 which to consummate a sale of the marine dealership. Any such sale shall be

24 subject to itS. 32:127fL1(2ffd.

25 S1270.5. Manufacturer, distributor, or wholesaler repurchase: marine dealer;

26 products

27 A. If any marine dealer enters into a franchise with a manufacturer,

28 distributor, or wholesaler wherein the marine dealer agrees to maintain an

29 Inventory of marine products or repair parts, the manufacturer, distributor, or

30 wholesaler shall not terminate or fail to renew such franchise unless there is a

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1 breach of the franchise by the marine dealer and until ninety days after notice

2 of such’ intention to terminate. including the breach of the franchise, has been

3 sent by certified mail, return receipt requested, or eonunercial delivery service

4 with verification of receipt to the marine dealer and the marine denier has

5 failed to correct the breach within such period.

6 B. If the franchise is terminated as a result of any action by themarhie

7 dealer and the manufacturer, distributor, or wholesalerhas not given due cause,

8 as providedin this Section, for termination ofsuch franchise, themanufacturer,

9 distributor, or wholesaler shall not be required to repurchase the inventory as

10 provided in this Section: however, if the franchise is terminated as aresult of

11 any action by the marine dealer and the manufacturer, distributor, or

12 wholesaler has given the marine dealer due cause, as provided in this Section,

13 to terminate the franchise, the manufacturer, distributor, or wholesaler shaH

14 be required to repurchase that inventory previously purchased from them.

15 including any new and unused marine products of the current and immediate

• 16 prior model or program year and new and unused parts inventory as provided

17 in this Section.

18 C. It shall be unlawful for the manufacturer, wholesaler, or distributor,

19 without due cause and pursuant to its own initiating action, to terminate or fail

20 to renew a franchise, unless the manufacturer, wholesaler, or distributor

21 repurchases the new and unused inventory as provided for in this Section.

22 D. It shall not be unlawful for the marine dealer with due cause and

23 pursuant to the marine dealer’s own initiating action to terminate or fail to

24 renew a franchise with a manufacturer, wholesaler, or distributor, and the

25 manufacturer, wholesaler, or distributor shall repurchase inventoryas provided

26 by this Section.’To determine what constitutes due cause for a marine dealer to

• 27 terminate or fail to renew a franchise, the following factors reearding the

28 manufacturer, wholesaler, distributor or representative of one.of the so named

29 shall include whether the manufacturer, wholesaler, distributor, or one of the

30 so aamed:

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(1) Has made a material misrepresentation in accepting or actinu under

2 the franchise.

3 (2) Has engaged in an unfair business practice.

4 (3) Has eneaged in conduct which is injurious or detrimental to public

5 welfare.

6 (4) Has failed to comply with any applicableseetlon of this Chapter.

7 (5) Has been convicted of a crime, the effect of which would be

8 detrimental to the marine dealership or dealer.

9 (6) Has violated the Louisiana marine dealers area of responsibility.

10 (7) Has failed to operate in the normal course of business for thirty

11 consecutive. days.

12 (8) Has failed to comply with the terms of the franchise with the marine

13 dealer.

14 (9) Has materially misrepresented the performance or fitness for sale or

15 use of a product line or products covered by the franchise.

16 E. If a manufacturer, distributor, or wholesaler does not intend to renew

17 a franchise, the manufacturer, distributor, or wholesaler shall give the marine

18 dealer ninety days written notice prior to the effective date by certified mall.

19 return receipt requested, or commercial delivery service with verification of

20 receipt.

21 F. As required by this Section. the manufacturer, distributor, or

22 wholesaler shall repurchase the inventory which can be verified as previously

23 purchased from them, including all new and unused marine products of the

24 current and immediate prior model or program year and newand unused parts

25 on hand and held by the marine dealer on the date of termination of the

26 contract. The manufacturer, distributor, or wholesaler shall pay an amount

27 equivalent to the cost actually paid by the marine dealer, including discounts

28 ejven and rebates paid per unit for any new, unused. undama8ed, and unaltered

29 from original invoice and delivery, and complete marine product. The

30 manufacturer, distributor, or wholesaler shall also pay an amount equal to the

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I price paid by the marine dealer for any new, unused, and undamaged repair

2 parts and accessories which are listed in the manufacturer’s, distributor’s, or

3 wholesaler’s prevailing parts list or were delivered in the past forty-eight

4 months and are in their original packaging.

5 G. The provisions of this Section shall not require the repurchase from

6 a marine dealer of

7 (1.) Any repair part which has a Ilinited storage life or is otherwise

8 subiect to deterioration

9 (2) Any single repair part which is priced and packaged as a set of two

10 or more items.

II (3) Any repair part which, because of its condition, is not resalable as a

12 new part without repackaging or reconditioning.

13 (4) Any inventory for which the marine dealer cannot urovide good title.

14 free and clear of all claims, liens, and encumbrances.

15 (5) Any inventory which the marine dealer desires to keep, provided that

16 the marine dealer has a contractual right to do so.

17 (6) Any marine product which is not in new, unused, undamaged, and

18 complete condition.

19 (7) Any repair parts which are not in new, unused, and undamaged

20 condItion.

21 (8) Any inventory which was ordered by the marine dealer ou or after

22 the date of receipt of the notification of terniination of the franchise.

23 (9) Any inventory which was acquired by the marine dealer from any

24 source otherthan the manufacturer. distiibutor, or wholesaler, or its immediate

25 predecessor.

26 (10) Any marine product that has been altered substantially from

27 original delivery.

28 H. Upon termination of thefranchise. the marine dealer shall submit a

29 final inventory of marine products and parts on hand to the manufacturer,

30 distributor, or wholesaler by certified mail, return receipt requested, or

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1 commercial delivery service with verification of receipt. If a manufacturer,

2 distributor, or wholesaler fails or refuses to repurchase as required by this

3 Section within thirty days of the receipt of the inventory, without lust cause, the

4 manufacturer, distributor, or wholesaler shall be subjected to a penalty of the

marinedealer’s reasonable attorney fees, court costs, and interest on the

6 inventory value of returnable marine products and parts required to be

7 purchased computed at the rate of one and one-halfpercent•per month from the

8 thirty-first day, as long as such repurchase is not made.

9 1. Not-withstanding any other provision of law to the contrary, it shall be

10 unlawful for a manufacturer, distributor, or wholesaler, either by contract or

11 practice, to assess repurchase or restocking charges, freight charges except for

12 return charges, reimbursement of interest charees paid, and any similar

13 charges to the marine dealer.

14 J. If a marine dealer completes a bona fide, orderly, and permanent

15 closure of the marine dealership, which does not involve a sale of the dealership,

16 and provides at least ninety days notice to the manufacturer, wholesaler, or

17 distributor, the marine products and parts inventory shall he repurchased by

18 the manufacturer, wholesaler, or distributor in the manner provided for in this

19 Section. when a franchise is terminated 1w result of action by the manufacturer,

20 wholesaler, or distributor.

21 K. In the event of the death or incapacity of the marine dealer or the

22 majority owner of a person operating as a marine dealer, the manufacturer,

23 distributor, or wholesaler shall, at the option of the heirs, if the marine dealer

24 died intestate, or the legatees or transferees under the terms of the deceased

25 marIne dealer’s last will and testament if the marine dealer died testate,

26 repurchase the inventory from the heirs, Jegatees, or transferees as if the

• 27 manufacturer, distributor, or wholesaler had terminated the contract and the

* 28 inventory repurchase provisions of this Section shaH apply. The heirs or legatees

29 shall have until the end of the contract term or one year from the date of the

30 death of the marine dealer or majority owner of a person, whichever comes

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1 first, to exercise their option pursuant to this Section. However, nothing in this

2 Section shaft require the repurchase of inventory if the heirs. legatees. or

3 transferees and the manufacturer, distributor, or wholesaler enter into a new

4 franchise to operate the marine dealership.

5 1270.6. Manufacturer termination of line-malce: manufacturer bankruptcy:

6 license

7 Notwithstanding the terms of any franchise or provision of law, if the

B termination, cancellation, or nonrenewal of a licensee’sselling agreement is the

9 result of the termination, elimination, or cessation of a line-make by the

10 manufacturer, distributor, or factory branch, whether by bankruptcy or

11 otherwise, the license issued by the commission may remain in effect at the

12 discretion of the commission pursuant to its rules.

13 61270.7. Indemnification of marine dealers

14 Notwithstanding the terms of any franchise agreement, each

15 manufacturer or converter shall indemnify and hold harmiessits franchised

16 marine dealers against any judgment for damages, including but not limited to

17 court costs and reasonable attorney fees of the marine dealer. arising out of

iS complaints, claims, or lawsuits including but not limited to strict liability,

19 negligence, misrepresentation, express or implied warranty, or rescission ofsale

20 to the extent that the judgment arises out of alleged defective or negligent

21 manufacture, assembly, or design of marine products, parts, or accessories, or

22 other functions by the manufacturer or converter, which are beyond the control

23 of the marine dealer.

24 61270.8. Marine products repairs

25 Suppliers of mechanical repairs and services for any marine product

26 subject to regulation pursuant to this Part shall provide each consumer with an

27 itemized bill indicating repairs and services performed, parts replaced, or

28 materials used, the total labor charge, and the identity of the mechanic.

29 repairman, or supplier who performed the work. However, nothing in this

30 Section shall prohibit a supplier of mechanical repairs and services from

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1 eharing a service fee for the use of shop supplies such as rags, fender covers,

2 small amounts of fluid, or other items which are not itemized, provided that

3 such fee does not exceed five percent of the total invoice for mechanical renalrs

4 or thirty-five dollars, whichever is less.

5 S1270S. Damage disclosure

6 A. Whenever a new marine product subiect to regulation pursuant to

7 this Chapter is sold to any person. the seller shall notify the purchaser of any

8 body damage or mechanical damage which the marine product has sustained

9 that exceeds six percent of the manufacturer’s suggested retail price. Such

10 notice shall be in writing and a copy thereof shaH be delivered to the purchaser

11 prior to or simultaneous with transfer of the vehicle title.

12 B. This Section shall apply to all instances of vehicular body or

13 mechanical damage to marine products and to all actions involving such

14 damage. notwithstandingthe application ofother coda!, statutory, or regnlntoi-y

15 provisions. includhw but not limited to Civil Code Articles 2520 et seq. v

16 PART ifi. PROVISIONS SPECIFIC TO MOTORCYCLES AND

17 ALL-TERRAIN VEHICLES

18 127O.10. Establishment of new motorcycle or all-terrain vehicle dealerships or

19 relocations: protests: procedure

20 A. Whenever the commission receives an application for a recreational

21 products dealer’s license which would add a new motorcycle .or all-terrain

22 vehicle dealership. it shall first notify the existing licensed motorcycle or all-

23 terrain vehicle dealership or dealerships selling the same-line makes, models.

24 or classifications if the new dealership’s pronosed location is within the existing

25 dealer’s area of responsibility. Any same-line makes, models, or classifications

26 dealership whose area of responsibility includes the location of the proposed

27 new motorcycle or all-terrain vehicle dealership may obiect to the granting of

28 the license.

29 B. Whenever the commission receives an application for a recreation

30 products dealer’s license which would relocate an existing motorcycle or all.

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terrain vehicle dealership, it shall first notify any existing licensed motorcycle

or all-terrain vehicle dealership selling the same-line makes, models, or

classifications if the dealership’s proposed new location is within the existing

dealer’s area of responsibility. Any existing same-line makes, models, or

classifications dealership shall have the right to object to the granting of the

license only if the proposed relocation is within a radius of seven miles of its

facility. However, without regard to distance, whenever the commission receives

an application for the relocation of a motorcycle or

dealership which would add an additional franchise to an existing same-line

all-terrain vehicle

makes. models. or classifications dealership’s area of responsibility. the affected

C.

motorcycle or all-terrain vehicle dealership shall have the right to object.

Theobiection shall be in writing and shall be received by the

commission within a fifteen-day period after receipt of the notice. The fifteen-

day objection period shall be waived upon written notification to the

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commission from all licensees entitled to object that the licensees have no

objections to the proposed change or addition for which the notice of Intent was

issued. If timely obiection is lodged, and prior to the issuance ofthe license, the

commission shall hold a hearing within thirty days after receipt of the objection

and issue its decision within ninety days after date of

hearing and an opportunity to narticipate therein shall be given to the

the hearing. Notice of

manufacturer or distributor, the applicantfor the license as a motorcycle or all-

terrain vehicle dealer, and to the protesting motorcycle or aft-terrain vehicle

dealership or dealerships.

B. ‘Whenever the commission receives an objection pursuant to the

provisions of Subsection A of this Section. the commission shall consider the

following and may consider any other relevant factors in determining whether

there is aood cause to issue a license:

(1’) Whether the community or territory can support an additional

motorcycle or all-terrain vehicle dealership.

(2) The financial impact on both the applicant and the existing

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1 motorcycle or all-terrain vehicle dealership or dealerships.

2 (3) Whether the exisdn motorcycle or all-terrain vehicledealerships of

3 the same-line makes, models, or classifications in the dealership’s area of

4 responsibility are providing adequate representation, competition, and

5 convenient consumer care for the motorcycle or all-terrain vehicles of the same-

5 line makes, models, or classifications located within that area.

7 (4) ‘Whether the issuance of the license would increase competition, or be

8 in the public interest, or both.

9 127O.11. Unauthorized acts

10 It shall be a violation of this Fart:

II (1) For a manufacturer, distributor, wholesaler, distributor branch.

12 factory branch, converter or officer. agent, or other representative thereof:

13 (a) To induce or coerce, or attempt to induce or coerce, any licensee;

14 (ii To order or accept delivery of any motorcycle or all-terrain vehicle,

15 appliances, equipment parts or accessories therefor, or any other commodity

16 or commodities which shall not have been voluntarily ordered.

17 (Ii) To order or accept delivery of any motorcycle or all-terrain vehicle

18 with special features. appliances, accessories, or equipment not included in the

19 list price of the vehicle as publicly advertised.

20 (iii) To order for any person any parts, accessories, equipment

21 machinery, tools, appliances, or any conunodity whatsoever.

22 (iv) To assent to a release, assignment, novation, waiver, or estoppel

23 which would relieve any person from liability to be imposed bylaw, unless done

24 in connection with a settlement agreement to resolve a matter pendin2 a

25 commission hearing or pending litigation between a manufacturer, distributor,

26 wholesaler, distributor branch or factory branch, or officer, agent, or other

27 representative thereof.

• 28 (i’) To enter into a franchise with a licensee or during the franchise term,

29 use any written instrument agreement, release, assignment, novation. estoppel,

30 or waiver, to attempt to nuffify or modify any provision of this Chapter. or to

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1 require any controversy between a dealer and a manufacturer to be referred to

2 any person or entity other than the commission, or duly constituted courts of

3 this state or the United States. if such referral would be binding upon the

4 motorcycle or all-terrain vehicle dealer. Such instruments are null and void,

5 unless done in connection with a settlement aereement to resolve a matter

6 pending a commission hearing or pendinglitigatlon.

7 (yi) To waive the right to a jury trial.

8 (vifi To release, convey, or otherwise provide customer information, if

9 to do so is unlawful or if the customer obiects in writing. This does not include

10 information thatis necessary for the manufacturer to meetits obligations to the

11 motorcycle or all-terrain vehicle dealer or consumers in regard to contractual

12 responsibilities, motorcycle or all-terrain vehicle recalls, or other reciuirements

13 imposed by state or federal lñw. The manufacturer is further prohibited from

14 providing any consumer information received from the motorcycle or all-

15 terrain vehicle dealer to any unaffihiated third party.

16 (viii) To pay the attorney fees of the manufacturer or distributor related

17 to hearings, and appeals brought under this Chapter.

18 (li) To threaten to cancel any franehise or any contractual agreement

19 existing between such manufacturer, distributor, wholesaler, distributor branch

20 or factory branch and the motorcycle or all-terrain vehicle dealer for any

21 reason.

22 (c) To unfairly, without inst cause and due regard to the equities of the

23 motorcycle or all-terrainvehicle dealer. cancel the franchise ofthe licensee. The

24 nonrenewal of a franchise with such dealer or his successor without just

25 urovocation or cause, or the refusal to approve a qualified transferee or

26 qualified successor to the dealer-operator as provided for in the franchise shall

27 be deemed a violation of this Subparagraph and shall constitute an unfair

28 cancellation, renardless of the terms or provisions of such franchise. However,

29 at least ninety days notice shall be eiven to the dealer of a cancellation or

30 nonrenewal of franchise except for a cancellation arising nut of fraudulent

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I activity of the dealer principal which results in the conviction of a crime

2 punishable by imprisonment.

3 Id) To refuse to extend to a licensee the privilege of determining the

4 mode or manner of available transportation facility that the motorcycle or all-

5 terrain vehicle dealer desires to be used or employed in making deliveries of

6 motorcycles or all-terrain vehicles to him or it.

7 41) To ship or sell motorcycles or all-terrain vehicles to a licensee prior

8 to the licensee having been granted a license by the commission to sell

9 motorcycles or all-terrain vehicles.

10 (1’) To unreasonably withhold consent to the sale, transfer, or exchange

11 of the franchise to a qualified transferee capable of being licensed as a

12 motorcycle or all-terrain vehicle dealer in this state, provided the transferee

13 meets the criteria generally applied by the manufacturer in approving new

14 motorcycle or all-terrain vehicle dealers and agrees to be bound by all the terms

15 and conditions of the standard franchises.

16 (a) To fall to respond in writing to a writ-ten request for consent as

17 specified In Subparagraph (I) of this Paracraph within sixty days of receipt of

ig a written request on the forms, if any, generally utilized by the manufacturer


20 therein. Failure to resDond shall be deemed to be consent to the request.

21 - (h)(I) To sell or offer to sell a new or unused motorcycle or all-terrain

22 vehicle directly to a consumer except as provided in this Chanter, or to compete

23 with a licensee In the same-line makes, models, or classifications operating

24 under an agreement or franchise from the aforementioned manufacturer. A

25 manufacturer shall not however, be deemed to be competing when any one of

26 the following conditions are met:

27 (aa Operating a motorcycle or all-terrain vehicle dealership temporarily

28 for a reasonable period, not to exceed two years.

29 (bb) Operating a bona ride retail dealership which is for sale to any

30 qualifIed independent person at a fair and reasonable price, not to exceed two

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1 years.

2 (cc) Operating in a bonafide relationship in which a person independent


4 dealership, and can reasonably expect to acquire full ownership of such


6 (ii) After any of the conditions have been met under Subitems (i)(aa) and

7 (bb) of this Subparagraph, the commission shall allow the manufacturer to


9 an agreement or franchise from the manufacturer for longer than two years

10 when, in the discretion ñf the commission, the best interest of the manufacturer,

11 consuming public, and licensees are best served.

12 (II To fail to compensate its motorcycle or all-terrain vehicle dealers for

13 the work and services they are required to perform in connection with the

14 motorcycle or all-terrain vehicle dealer’s delivery and preparation obligations

15 according to the terms of compensation that sbali bellIed with the commission

16 on or before October first of each year. The commission shall fmd the

17 compensation to be reasonable or the manufacturer shall remedy any

18 deficiencies.

19 (j) To fail to designate and provide to the conunission in writing the

20 community or territory assigned to a licensee.

21 (Ic) To unreasonably discriminate among competing, similarly situated.

22 same-line make dealers in the sales of motorcycles or all-terrain vehicles, In the

23 availability of motorcycles or all-terrain vehicles, In the terms of incentiye

24 programs or sales promotion plans, or In other similar programs.

25 (1) To use any subsidiary. affiliate, or any other controlled person or

26 entity. or to employ the services of a third party, to accomplish what would

27 otherwise be ffieal conduct under this Chapter on the part ofthe manufacturer

28 or distributor.

29 (in) To make a change in the area of responsibility described in the

30 franchIse agreement or sales and service agreement of a motorcycle or all-

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terrain vehicle dealer, without the franchisor. converter, or manufacturer

giving the motorcycle or all-terrain vehicle dealer and the commission no less

than sixty days prior written notice by certified or registered mail.

(n To refuse to deliver to any licensee having a franchise or contractual

arrangement for the retail sale of motorcycles or all-terrain vehicles sold or

distributed by such manufacturer, distributor, wholesaler, distributor branch

or factory branch, any motorcycle or all-terrain vehicle, publicly advertised for

immediate delivery, within sixty days after such dealer’s order shall have been

received.

(2 For a motorcycle or all-terrain vehicle dealer, used motorcycle or all

terrain vehicle dealer, or a motorcycle or all-terrain vehicle salesman:

(a) To require a purchaser of a motorcycle or all-terrain vehicle, as a

condition of sale and delivery thereof, to also purchnse special features,

appliances, accessories, or equipment not desired or requested by the

purchaser: howeyer, this prohibition shall not apply as to special features,

appliances, accessories, or equipment which are permanently affixed to the

motorcycle or all-terrain vehicle.

(b) To represent and sell as a new motorcycle or all-terrain vehicle any

motorcycle or all-terrain vehicle, the legal title of which has been transferred

by a manufacturer, distributor, or dealer to an ultimate purchaser.

(c To use any false or misleading advertisement in connection with his

business as a motorcycle or nil-terrain vehicle dealer or motorcycle or all-

terrain vehicle salesman.

(d To sell or offer to sell makes, models, or classifications of new

motorcycles or all-terrain vehicles for which no franchise and license to sell is

held.

(e) Except as otherwise approved by the commission, to sell or offer to

sell a motorcycle or all-terrain vehicle from an unlicensed location.

(U To deliver to a prospective purchaser a new or a used motorcycle or

all-terrain vehicle on a sale conditioned on financin2, i.e., a soot delivery, except

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(ill That the motorcycle or all-terrain vehicle being offered for trade-in

by the purchaser shall not be sold by the motorcycle or all-terrain vehicle dealer

until the conditional sale.is complete.

(iii) That there shall be no charge to the purchaser should the conditional

sale not be completed, including but not limited to mileage charges or charl!cs

to refurbish the motorcycle or all-terrain vehicle offered for trade-in. Bowever,

the purchasershall be responsible for any and all damaees to the motorcycle or

all-terrain vehicle or other motorcycles or all-terrain vehicles damaged by the

(aultofthe purchaser and any and all liability incurred by the purchaser during

the purchaser’s custody of the vehicle tothe extent provided for in R.S. 22:1296.

(lvi That if the conditional sale is not completed, the motorcycle or all-

terrain vehicle dealer shall innnediately refund to the purchaser upon return

of the motorcycle or all-terrain vehicle all sums placed with the dealership as

a deposit or any other nurpose associated with the attempted sale of the

motorcycle or all-terrain vehicle.

(vi That the prospective purchaser shall return the motorcycle or all-

terrain vehicle to the dealership within forty-eight hours of notification by the

dealer that the conditional sale will not be completed. If the prospective

purchaser does not return the motorcycle or all-terrain vehicle to the dealership

within forty-eight hours of notification by the motorcycle or all-terrain vehicle

dealer, an authorized agent of the motorcycle or all-terrain vehicle dealer shall

have the right to recover the motorcycle or all-terrain vehicle without the

necessity of judicial process, provided that such recovery can be accomplished

without unauthorized entry into a dosed dwelling, whether locked or unlocked

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on the following terms and conditions which shall be in writing and shall be a

part of the conditional sales contract or other written notification signed by the

purchaser:

(p That if the sale is not concluded by the financing of the sale to the

purchaser within twenty-five days of the delivery, the sale contract shall be null

and void.

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I and without a breach of peace.

2 (g To pay a fee to any person in return for the solicitation, procurement

3 or production by that person of prospective nurchasers for new and used

4 motorcycles or all-terrain vehicles, except to a motorcycle or all-terrain vehicle

5 salesman licensed under the provisions of this Chapter.

6 (hI To fail to fully and completely explain each charge listed on a retail

7 buyer’s order or motorcycle or all-terrain vehicle invoice prior to the purchase

8 of a motorcycle or all-terrain vehicle.

9 (U When selline a motorcycle or all-terrain vehicle to a consumer, to

10 assess any consumer services fees, which shall include fees for treating the

11 InterIor upholstery of the vehicle, oil changes, roadside assistance, dealer

12 inspections, or any other service offered by the dealer, without allowing the

13 buyer to refuse such services and be exempt from payment for such services.

14 The provisions of this Subparagranh shall not apply to dealer-added options or

15 accessories which are permanently affixed to the motorcycle or all-terrain

16 vehicle.

17 (11(1) To fail to disclose to a purchaser in writing on the sales contract

18 buyer’s order, or any other document that the motorcycle or all-terrain vehicle

19 dealer may be participating in finance charges associated with the sale.

20 (ii) To participate in a finance charge that would result in a difference

21 between the buy rate and the contract rate of more than three percentage

22 points.

23 (iii) The provisions ofthis Subparagraph shall apply only to transactions

24 subject to the Louisiana Motor Vehicle Sales Finance Act.

25 (3Wa For any person or other licensee to modify a franchise during the

26 term of the agreement or upon its renewal if the modification substantially and

27 adversely affects the franchisee’s rights, obligations, investment or return on

28 investment without giving a sixty-day written notice of the proposed

29 modification to the licensee and the commission unless the modifications are

30 required by law, court order, or the commission. Within the sixty-day notice

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1 period, the licensee may file with the commission a complaint for a

2 determination whether there is aood cause for permitting the proposed

3 modification. The party seekina to modify or replace an agreement shall

4 demonstrate by a preponderance of the evidence that there is good cause for the

5 modification or replacement The commission shall schedule a hearing within

6 sIxty days to decide the matter. Multiple complaints pertaining to the same

7 proposed modifications shall be consolidated for hearing. The proposed

8 modification may not take effect pending the determinatioy of the matter.

9 (hI In making a determination of whether there is good cause for

10 permitting a proposed modification, the commission may consider any relevant

11 factor indudin:

12 (fl The reasons for the proposed modification.

13 (ifl Whether the proposed modification is applied to or affects all


15 (Iii) The degree to which the proposed modification will have a


17 inveshnent.

18 (iv Whether the proposed modification is in the public interest.

19 (v The degree to which the proposed modification is necessary to the

20 orderly and profitable distribution ofvehicles and other seryicesby the licensee.

21 (yR Whether the proposed modification is offset by.other modifications

22 beneficial to the licensee,

23 (c The decision of the commission shall be in writing and shall contain

24 fmdings of fact and a determination of whether there is eood cause for

25 permitting the proposed modification. The commission shall deliver copies of

26 the decision to the parties personally or by registered mail.

27 (4 For any employee of a licensee while acting in the scope of his




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S1270.12. Indemnification of motorcycle and all-terrain vehicle franchised

dealers

Notwithstanding the terms of any franchise agreement, each

manufacturer or converter shall indemnify and hold harmless its franchised

motorcycle or all-terrain vehicle dealers against any judgment for damages.

including but not limited to court costs and reasonable attorney fees of the

motorcycle or all-terrain vehicle dealer, arising out of complaints. claims, or

lawsuits including but not limited to strict liability, negligence.

misrepresentation. express or implied warranty, or rescission of sale to the

extent that the judgment arises out of alleged defective or negligent

manufacture, assembly, or design of motorcycles or all-terrain vehicles, parts.

or accessories, or other functions by the manufacturer or converter, which are

beyond the control of the motorcycle or all-terrain vehicle dealer.

61270.13. Warranty: compensation: audits of motorcycle or all-terrain vehicle

dealer records

AS1) It shall be a violation of this Chapter for a manufacturer, a

distributor, a wholesaler, distributor branch or factory branch of motorcycles

or all-terrain vehicles, or officer, agent, or other representative thereof to fail

to adequately and fairly compensate its motorcycle or all-terrain yehicle dealers

for labor, parts, and other expenses incurred by such motorcycle or all-terrain

vehicle dealer to perform under and comply with a manufacturer’s or a

distributor’s warranty agreement.

(2) In no event shall any manufacturer or distributor pay its motorcycle

or all-terrain vehicle dealers at a price or rate for warranty work that is less

than that charged by the motorcycle or au-terrain vehicle dealer to the retail

customers ofthe motorcycle or all-terrain vehicle dealer for nonwarranty work

of like kind.

(3) Warranty work includes parts and labor performed.

(4) All claims made by the motorcycle or all-terrain vehicle dealer for

compensation under this Subsection shall be naid within thirty days after

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I approval and shall be approved or denied within thirty days after receipt. When

2 any claim is denied, the motorcycle or all-terrain vehicle dealer shall be notified

3 in writing of the grounds for denial.

4 (5 The obligations in this Subsection as they relate to motorcycles or all-

5 terrain vehicles may be modified by contract.

6 B.(1j Notwithstanding the terms of any franchise, warranty, and sales

7 incentive, audits of motorcycle or all-terrain vehicle dealer records may be

8 conducted by the manufacturer, distributor, distributor branch, or factory

9 branch. Any audit for warranty parts or service compensation shall be for the

10 twelve-month period immediately followine the date of the paymentof the claim

11 by the manufacturer or distributor. However, a motorcycle or all-terrain

12 vehicle dealer shall not beheld liable by virtue of an audit for failure to retain

13 narts for a period in excess of six months. Any audit for sales incentives, service

14 incentives, rebates, or other forms of incentive compensation shall be only for

IS the twelve-month periodimniediately following the date of the final payment to

16 the motorcycle or all-terrain vehicle dealer under a promotion, event program.

17 or activity. In no event shall the manufacturer, distributor, distributor branch,

18 or factory branch fail to allow the motorcycle or all—terrain vehicle dealer to

19 make corrections to the sales data in less than one hundred twenty days from

20 the program period. Additionally, no penalty other than amounts advanced on

21 a motorcycle or all-terrain vehicle reported incorrectly shall be due in

22 connection with the audit With respect to motorcycles or all-terrain vehicles

23 sold during the time period subject to the audit but submitted incorrectly to the

24 manufacturer, distributor, or wholesale distributor branch or factory branch,

25 the motorcycle or all-terrain vehicle dealer shall be charged back for the

26 amount reported incorrectly and credited with the amount due, if anything, on

27 the actual sale date.

28 (2) No claim which has been approved and paid may be charged back to

29 the motorcycle or all-terrain vehicle dealer unless it can be shown that one of

30 the followine anpiles:

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(a’) The claim was false or fraudulent

(b) The repairs were not properly made.

Cc) The repairs were unnecessary to correctthe defective condition under

generally accepted standards of workmanship.

(dl The motorcycle or all-terrain vehicle dealer failed to reasonably

substantiate the repair in accordance with reasonable written requirements of

the manufacturer or distributor, if the motorcycle or all-terrain vehicle dealer

was notified of the requirements orlor to the time the claim arose and if the

requirements were in effect at the time the claim arose.

(3) A manufacturer or distributor shall not deny a claim solely based on

a motorcycle or all-terrain vehicle dealer’s incidental fallure to comply with a

specific claim processing requirement, or a clerical error, or other

administrative technicality.

(4) Limitations on warranty parts or service compensation, sales

incentive audits, rebates, or other forms of incentive compensation, chargebacks

for warranty parts or service compensation, and service incentives and

chargebacks for sales compensation only shall not be effective in the case of

intentionally false or fraudulent claims.

(SlIt shall be deemed an unfair act pursuant to this Chapter to audit a

motorcycle or all-terrain vehicle dealer more frequently than two sales-related

and two service-related audits in a twelve-month period. Nothing in this

Subsection shall limit a manufacturer’s .or distributor’s ability to perform

routine claim reviews in the normal course of business.

(6) No claim may be rejected as late if it has been submitted within sixty

days of the date the repair order was written.

S1270.14, Damage disclosure

A. Whenever a new motorcycle or all-terrain vehicle subject to

regulation pursuant to this Chapter is sold to any person, the sefler shall notify

the purchaser of any body damage or mechanical damage which the motorcycle

or all-terrain vehicle has sustained that exceeds six percent of the

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1 manufacturer’s suggested retail price or, in the case of recreational vehicles, six

2 percent of the manufacturer’s wholesale price. Such notice shall be in writing

3 and a copy thereof shall be delivered to the purchaser prior to or simultaneous

4 with transfer of the motorcycle or all-terrain vehicle title.

5 B. This Section shall apply to all instances of vehicular body or

6 mechanical damage to motorcycles or all-terrain vehicles and to all actions

7 involving such damage. notwithstanding the application of other coda!,

8 statutory, or regulatory provisions, inc1udin but not limited to Civil Code

9 Articles 2520 et seq.

10 6127015. Sale of water-damaged motorcycles or all-terrain vehicles

11 A. No person shall sell, transfer, or convey any new or used motorcycle

12 or all-terrain vehicle to any person without notifying the buyer or receiver of

13 the motorcycle or all-terrain vehicle in writing of the extent of any water

14 damage from flooding which occurred to the motorcycle or all-terrain yehicle

15 prIor to the transaction.

16 B. If a sale, transfer, or conveyance of a new or used motorcycle or all-

17 terrain vehicle occurs in violation of Subsection A of this Section. the person

18 receiving ownership and title tothe motorcycle or all-terrain vehicle who isiiot

19 otherwise aware of the damaue at the time of the transaction may bring an

20 action to set. aside the transaction within one year from the date of the

21 transaction and receive all monies or other property given as consideration for

22 the motorcycle or all-terrain vehicle less a reasonable assessment for miles

23 driven.

24 C. For the purposes of this Section, a “water-dama2ed motorcycle or all-

25 terrain vehicle” means any motorcycle or all-terrain vehiclewhose power train,

26 computer.. or electrical system has been damaged by flooding.

27 S1270.16. Succession: right of first refusal

28 A. The terms of the franchise notwithstanding, any motorcycle or all-

29 terrain vehicle dealer may appoint by will, or other written instrument a

30 designated successor to succeed in the ownership interest of the motorcycle or

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B. Unless eood cause exists for refusal to honor the succession on the

part of the manufacturer or distributor. any designated successor of a deceased

or incapacitated motorcycle or all-terrain vehicle dealer of a dealership may

succeed to the ownership of the dealership under the existing franchise if:

(fl The designated successor gives the manufacturer or distributor

written notice of his Intention to succeed to the ownership of the motorcycle or

all-terrain vehicle dealer within sixty days of the motorcycle or all-terrain

vehicle dealer’s death or incapacity.

(2 The designated successor agrees to be bound by all the terms and

conditions of the franchise.

C. The manufacturer or distributor may request and the designated

successor shall provide, promptly upon such request personal and fmancial

data reasonably necessary to determine whether the succession should be

honored.

D. If a manufacturer or distributor believes that good cause exists for

refusing to honor the succession of a deceased or incapacitated motorcycle or

all-terrain vehicle dealer, the manufacturer or distributor may. not more than

sixty days following receipt of notice of the designated successor’s intent to

succeed and receipt of such personal or financial data, serve upon the

designated successor notice ofits refusal to honor the succession and of its intent

to discontinue the existing franchise with the motorcycle or all-terrain vehicle

dealer not earlier than six months from the date such notice Is served.

succession.

F. If notice of refusal and discontinuance is not timely served upon the

designated successor, the franchise shall continue in effect subject to

termination only as otherwise nermitted by this Chapter.

G. In deternijnjng whether good cause for the refusal to honor the

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all-terrain vehicle dealer in the dealership upon the death or incapacity of the

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succession exists, the manufacturer or distributor has the burden of proving

that the designated successor is not of good moral character or does not

otherwise meet the manufacturer’s or distributor’s reasonable standards as a

franchisee.

B. If a manufacturer or distributor refuses to honor the succession to

the ownership interest of a deceased or incapacitated owner for good cause4then

and in such event:

(13 The manufacturer or distributor shall allow the designated successor

a reasonable period of time which shall not be less than six months in which to

consummate a sale of the dealership. Any such sale shall be subject to R.S.

32:1270.1i(lKcl.

(21 Upon termination of the franchise pursuant to such refusal, the

provisions of ItS. 32:1270.17 shall apply.

S1270.17. Requirements upon termination: penalty: indemnity: motorcycle or

all-terrain vehicle dealers

A.(11 In the event the licensee ceases to engage in the business of being

a motorcycle or all-terrain vehicle dealer, or ceases to sell a particular make of

motorcycle or all-terrain vehicle and after notice to the manufacturer,

converter, distributor or representative by certified mall or commercial

delivery service with verification of receipt within thirty days of the receipt of

the notice by the mauufactm-er, converter, distributor, or representative, the

manufacturer, converter, distributor, or representative shall repurchase:

(al Ailnew motorcycles or all-terrain vehicles of the current and last

prior model year delivered to the licensee and parts on hand that have not been

damaged or substantially altered to the prejudice of the manufacturer while in

the possession of the licensee. As to motorcycle or all-terrain vehicle dealers,

the renurchase of parts shall be limited to those listed in the manufacturer’s

price book. The motorcycle or all-terrain vehicles and parts shall be

repurchased at the cost to the licensee which shall include without limitation

freight and advertising costs, less all allowances paid to the motorcycle or all-

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(hi At fair market value, each undamaged slen owned by the motorcycle

or all-terrain vehicle dealer which bears a trademark or trade name used or

claimed by the manufacturer, converter, distributor, or representatiye if the

sign was nurchased from or purchased at the request of the manufacturer,

distributor, or representative. Fair market value shall be no less than cost of

acquisition of the sien by the motorcycle or all-terrain vehicle dealer.

Cc) At fair market value, all special tools and automotive service

equipment owned by the motorcycle or all-terrain vehicle dealer which were

recommended in writing and designated as special tools and equipment and

purchased from or purchased at the request of the manufacturer, converter,

distributor, or representative, if the tools and equipment are in usable and good

condition except for reasonable wear and tear. Fair market value shall be no

less than cost of acquisition of special tools and automotive service equipment

by the motorcycle or all-terrain vehicle dealer.

(2) The manufacturer, converter, distributor, or representative shall pay

to the motorcycle or all-terrain vehicle dealer the costs of transporting,

handling, packing, and loading of motorcycles or all-terrain vehicles, or parts,

signs, tools, and equipment subject to repurchase.

(3) The manufacturer or converter shall make the required repurchase

after the dealer terminates his franchise and within sixty days of the submission

to it. by certified mall, return receipt requested, or commercial delivery service

with verification of receipt of a fmal inventory of motorcycles, all-terrain

vehicles, and parts on hand.

B. Failure to make such repurchase without just cause shall subiect the

manufacturer or converter to a penalty of one and one-half percent per month.

or fraction thereof, of the inventory value or returnable motorcycles or all-

terrain vehicles, and parts, signs, special tools, and automotive service

equipment payable to the dealer, as lone as the repurchase is not made.

$1270.18. Manufacturer termination of line-make; manufacturer bankruptcy;

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terrain vehicle dealer.

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1 license; motorcycle or all-terrain vehicle franchise

2 Notwithstanding the terms of any franchise or provision of law, if the

3 termination, cancellation, or nonrenewal of a license&s franchise is the result

4 of the termination, elimination, orcessation of a line-malce by the manufacturer,

a distributor, or factory branch, whether by bankruptcy or otherwise, the license

6 issued by the commission may remain in effect at the discretion of the

7 conunission pursuant to its rules.

8 S1270J.9. Motorcycle or all-terrain vehicle repairs

9 Suppliers of mechanical repairs and services for any motorcycle or all-

10 terrain vehicle subject to regulation pursuantto this Chapter shall provide each

11 consumer with an itemized bill indicating repairs and services performed, parts

12 replaced, or materials used, the total labor charge, and the identity of the

13 mechanic, repairman, or supplier who performed the work. However, nothing

14 in this Section shall prohibit a supplier of mechanical repairs and services from

15 charging a service fee for the use of shop supplies such as rags, fender covers,

16 small amounts of fluid, or other items which are not itemized, provided that

27 such fee does not exceed five percent of the total invoice for mechanical repairs

18 or thirty-fivedollars, whichever is less.

19 PART IV. PROVISIONS SPECIFIC TO RECREATIONAL VEHICLES

20 S1270.20. Unauthorized acts: recreational vehicles

21 It shall be a violation of this Chapter:

22 (1) For a manufacturer, a distributor, a wholesaler, factory branch, or

23 officer, agent, or other representative thereof:

24 (a) To induce or coerce, or attempt to induce or coerce, any licensee:

25 (I) To order or accept delivery of any recreational vehicles, appliances.

26 equipment, parts or accessories therefor. or any other commodity or

27 commodities which shall not have been voluntarily ordered.

28 (ii) To order or accept delivery of any recreational vehicle with special

29 features, aunliances, accessories, or equipment not included in the list price of

30 the recreational vehicle as publicly advertised.

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(iii) To order for any person any parts, accessories, equipment

machinery, tools, appliances, or ally commodity whatsoever.

(iv) To assent to a release. assignment novation, waiver, or estoppel

which would relieve any person from liability to beimposed by law, unless done

in connection with a settlement agreement to resolve a matter pending a

commission hearing or pending litigation between a manufacturer, distributor.

wholesaler, or factory branch, or officer, agent or other representative thereof.

(vi To enter into a franchise with a licensee or during the franchise term,

use any written instrument, agreement release, assignment noyation. estoppel,

or waiver, to attempt to nuffify or modify any provision of this Chapter. or to

require any controversy between a recreational vehicle dealer and a

manufacturer to be referred to any person or entity other than the commission,

or duly constituted courts of this state or the United States, if such referral

would be binding upon the recreational dealer. Such instruments are null and

void, unless douein connection with a settlement agreement to resolve a matter

pending a commission hearing or vending litigation.

(vi) To waive the right to a jury trial.

(viii To participate in an advertising group or to participate monetarily

in an advertising camphign or contest or to purchase any promotional

materials, showroom, or other display decorations or materials at the expense

of such recreational vehicle dealer.

(viii) To release, convey, or otherwise provide customer information, if

to do so is unlawful or if the customer obiects in writing. This does not include

information that is necessary for the manufacturer to meet its obligations to the

recreational vehicle dealer or consumers in reeard to contractual

responsibilities, recreational vehicle recalls, or other requirements imposed by

state orfederal law. The manufacturer is further prohibited from providing any

consumer information received from the recreational vehicle dealer to any

unaffijiated third party.

Ox) To pay the attorney fees of the manufacturer or distributor related

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to hearings and appeals brouaht under this Chapter.

(hi To refuse to deliver to any licensee havinli a franchise or contractual

arrangement for the retail sale of recreational vehicles sold or distributed by

such manufacturer, distributor, wholesaler, or factory branch, any recreational

vehicle, publicly advertised for immediate delivery, within sixty days after such

recreational vehicle dealer’s order shall have been received.

(c’) To threaten to cancel any franchise or any contractual agreement

existing between such manufacturer, distributor, wholesaler, orfactorv branch

and the recreational vehicle dealer for any reason.

(di To unfairly. without lust cause and due regard to the equities of such

recreational vehicle dealer, cancel the franchise of any licensee. The

nonrenewal of a franchise with such recreational vehicle dealer or his successor

without lust provocation or cause, or the refusal to approve a qualified

transferee or qualified successor to the dealer-operator as urovided for in the

franchise agreement, shall be deemed a violation of this Paragraph and shall

constitute an unfair cancellation, reeardless of the terms or provisions of such

franchise.lloweyer, at least ninety-days notice shall be aiven to the recreational

vehicle dealer of any cancellation or nonrenewal of a franchise except for a

cancellation arising out ofthe financial default of the recreationaivehicle dealer

or fraudulent actlyity of the recreational vehicle dealer principal which results

in theconyictign of a crime punishable by imprisonment.

(e To refuse to extend to a licensee the privilege ofdetermining the mode

or manner of available transportation facility that such recreational vehicle

dealer desires to be used or employed in maldnu deliveries of recreational

vehicles to him or it.

(U To use any false or misleading advertisement in connection with his

business as such manufacturer of recreational vehicles, distributor, wholesaler,

or factory branch, or officer, agent, or other representative thereof.

(g) To delay, refuse, or fall to deliver recreational vehicles in reasonable

quantities relative to the licensee’s facilities and sales potential in the relevant

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1 market area. This Subparagraph shall not be valid, however, if such failure is

2 caused by acts or causes beyond the control of the manufacturer, distributor,

3 or other such party.

4 (h) To ship or sell recreational vehicles to a licensee prior to the licensee

5 havinn been granted a license by the commission to sell such recreational

6 vehicles.

7 (B To unreasonably withhold consent to the sale, transfer, or exchange

8 of the franchise to a qualified transferee capable of being licensed as a

9 recreational vehicle dealer in this state, provided the transferee meets the

10 criteria generally applied by the manufacturer in approving new recreational

11 vehicle dealers and agrees to be bound by all the terms and conditions of the

12 standard franchises.

13 (1) To fail, to respond in writing to a written request for consent as

14 specified In Subparagraph (flof this Paragraph within sixty days of receipt of

15 a written request on the forms, if any, generally utilized by the manufacturer


17 therein. Failure to respond shall be deemed to be consent to the request.

18 (ldffi To sell or offer to sell a new or unused recreational vehicle directly

19 to a consumer except as provided in this Chapter. or to compete with a licensee

20 In the same-line makes, models, or classifications operating under an agreement

21 or franchise from the aforementioned manufacturer. A manufacturershall not

22 however, be deemed to be competing when any one of the following conditions

23 are met:

24 (aa) Operating n dealership temporarily for a reasonable period, not to

25 exceed.two years.

26 (bbl Operating a bona tide retail dealership which is for sale to any

• 27 qualified independent person at a fair and reasonable price, not to exceed two

28 years.

29 (ccl Operating in a bonn tide relationship in which a person independent


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1 dealership, and can reasonably expect to acquire full ownership of such


3 (lB After any of the conditions have been met under Subitems (i1(aa and

4 (bbl of this Subparagraph, the commission shall allow the manufacturer to


6 an agreement or franchise from the manufacturer for longer than two years

7 when, in the discretion of the commission, the bestinterest of the manufacturer,

8 consuming publlc. and licensees are best served.

9 (1) To condition the renewal or extension of a franchise on a new

10 recreatIonal vehicle dealer’s substantial renovation of the recreational vehicle

11 dealer’s place of business or ontlie construction, purchase, acquisition, or rental

12 of a new place of business by the new recreational vehicle dealer, unless the

13 manufacturer has advised the new recreational vehicle dealer in writina of its

14 intent to Impose such a condition within a reasonable time prior to the effective

15 date of the proposed date of renewal or extension, but in no case less than one

16 hundred eighty days. and provided the mannfacturer demonstrates the need for

17 such demand in view of the need to service the public and, the economic

18 conditions existing in the recreational vehicle Industry at the time such action

19 would be required of the new recreational vehicle dealer. As part of any such

20 condition, the manufacturer shall agree, in writing, to supply the recreational

21 , vehicle dealer with an adequate sunply and marketable model mix of

22 recreational vehicles to meet the sales levels necessary to support the increased

23 overhead incurred by the recreational vehicle dealer by reason of such

24 renovation, construction, purchase, oriental of anew place of business.

25 (ml To fall to compensate its recreational vehicle dealers for the work

26 and services they are required to perform.in connection with the recreational

27 vehicle dealer’s delivery and preparation obileations according to the terms of

28 compensation that shall be filed with the commission on or before October first

29‘ of each year. The commission shall fmd the compensation to be reasonable or

30 the manufacturer shall remedy any deficiencies.

liDo

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I Cu) To fail to designate and provide to the commission in writing the

2 community or territory assigned to a licensee.

3 (o) To unreasonably discriminate among competing. similarly situated.

4 same-line malce dealers in the sales of recreational vehicles, in the availability

5 of such recreational vehicles, in the terms of incentive programs or sales

6 promotion plans, or in other similar programs.

7 Cu) To terminate, cancel, or refuse to continue any franchise agreement

8 based uponthe fact thatthe recreational vehicle dealer owns, has an investment

9 in, participates in the management of, or holds a franchise agreement for the

10 sale or service of another make or line ofnew recreationalvelticles at a different

11 dealership location, or intends to or has established another make or line of new

12 recreational vehicles in the same dealership facilities of the manufacturer or

13 distributor.

14 (ci) To demand compliance with facilities requirements that include ay

15 requirements that a recreational vehicle dealer establish or maintain exclusive

16 offIce, parts, service or body shop facilities, unless such requirements would be

17 reasonable and justified by business considerations. The burden ofprovine that

18 such requirements are reasonable and justified by business considerations is on

19 the manufacturer. If the franchise agreement of the manufacturer or

20 distributor requires the approval of the manufacturer or distributor for facility

21 uses ormodifleations. the manufacturer or distributor shall approve or deny the

22 request in writing within sixty days of receipt of such request

23 Cr) To use any subsidiary, affiliate, or any other controlled person or

24 entity, or to employ the services of a third party, to accomplish what would

25 otherwise be illegal conduct under this Chapter on the part of the manufacturer

26 or distributor.

27 (sI To make a change in the area of responsibility described in the

28 franchise agreement or sales and service agreement of a recreational vehicle

29 dealer, without the franchisor or manufacturer giving the recreational vehicle

30 dealer and the commission no less than sixty days prior written notice by

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1 certified or registered mail.

2 (t To induce or coerce, or attempt to induce or coerce, any recreational

3 vehicle dealer to enter into any agreement with such manufacturer, distributor,

4 wholesaler, distributor branch or factory branch or representative thereof, or

5 to do any other act unfair to the recreational vehicle dealer.

6 (u(fl To coerce or attempt to coerce any retail recreational vehicle

7 dealer or prospective retail recreationaL vehicle dealer to offer to sell or sell any

8 extended service contractor extended maintenance plan or gap product offered,

9 sold, backed by. or sponsored by the manufacturer or distributor or affiliate or

10 sell, assign, or transfer any retail installment sales contract or lease obtpined.hv

Ii the dealer in connection with the sale or lease by him of recreational vehicles

12 manufactured or sold by the manufacturer or distributor, to a specified finance

13 company or class of finance companies, leasing company or class of leasing

14 companies. or to any other specified persons by any of the following:

15 (aa By any statement promise, or threat that the manufacturer or

16 distributor will in any manner benefit or injure the dealer, whether the

17 statement suguestion, threat or promise is express or implied or made directly

18 or indirectly.

19 (bb By any act that will benefit or ininre the dealer.

20 (cc) By any contract or any express or implied offer of contract, made

21 directly or indirectly to the dealer, for handling the recreational vehicle on the

22 condjtitjn that the recreational vehicle dealer shall offer to sell or sell any

23 extended service contract or extended maintenance plan offered, sold, backed

24 by. or sponsored by the manufacturer or distributor or that the dealer sell.

25. anjgn, or transfer his retail installment sales contract on or lease of the

26 recreational vehicle, to a specified finance company or class of finance

27 companies, leasing company or class of leasing companies, or to any other

28 specified person.

29 (dd Any such statements, threats, promises, acts, contracts, or offers of

30 contracts, when their effect may be to lessen or eliminate competition.

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I (iB Nothing contained In this Subparagraph shall prohibit a

2 manufacturer or distributor from offering or providing incentive benefits or

3 bonus programs to a retail recreational vehicle dealer or prospective retail

4 recreational vehicle dealer who makes the voluntary decision to offer to sell or

5 sell any extended service contract or extended maintenance nian offered, sold,

6 backed, or sponsored by the manufacturer or distributor or to sell, assign, or

7 transfer any retail installment sale or lease by him of recreational vehicles

8 manufactured or sold by the manufacturer or distributor to a specified finance

9 company or leasing company.

10 (2 For a recreational vehicle dealer or a recreational vehicle salesman:

11 (a To require a purchaser of a recreational vehicle, as a condition of sale

12 and delivery thereof, to also purchase special features, appliances, accessories,

13 or equipment not desired or requested by the purchaser: however, this

14 prohibition shall not apply as to special features, appliances, accessories, or

15 equipment which are permanently affixed to the recreational vehicle.

16 (bI To represent and sell as a new recreational vehicle any vehicle, the

17 legal title of which has been transferred by a manufacturer, distributor, or

18 dealer to an ultimate purchaser.

19 (c To use any false or misleading advertisement in connection with his

20 business as such recreational vehicle dealer or recreational vehicle salesman.

21 (d) To sell or offer to sell makes, models, or classifications of new

22 recreational yehicles for which no franchise and license to sell is held.

23 (e Except as otherwise approved by the commission, to sell or offer to

24 sell a recreational vehicle from an unlicensed location.

25 (1) To deliver to a prospective purchaser a new recreational vehicle on

26 a sale conditioned on financing, i.e., a snot delivery, except on the following

27 terms and conditions which shall be in writing and shall be a part of the

28 conditional sales contractor other written notification signed by the purchaser:

29 (II That if the sale is not concluded liv the financing of the sale to the

30 purchaser within twenty-five days of the delivery, the sale contract shallbe null

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ENROLLEDSB NO. 360

and void.

(ifl That the recreational vehicle belna offered for trade-in by the

purchaser shall not be sold by the recreational vehicle dealer until the

conditional sale is complete.

(iii) That there shall be no charge to the purchaser should the conditional

sale not be completed, including but not limited to mileage charges or charges

to refurbish the recreational vehicle offered for trade-in. However, the

purchaser shall be responsible for any and all damages to the recreational

vehicle or other vehicles dama2ed by the fault of the nurchaser and any and all

liability incurred by the purchaser during the purchaser’s custody of the

recreational vehicle to the extent provided for in R.S. 22:1296.

(iviTliat if the conditional sale Is not completed, the recreational vehicle

dealer shall immediately refund to the purchaser upon return of the

recreational vehicle all sums placed with the dealership as a deposit or any

other purpose.associated with the attempted sale of the vehicle.

(v That the prospective purchaser shall return the recreational vehicle

to the dealership within forty-eighthours of notification by the recreational

vehicle dealer that the conditional sale wifi not be completed. If the prospective

purchaser does not return the recreational vehicle to the dealership within

forty-eight hours of notification by the recreational vehicle dealer, an

authorized aaent of the recreational vehicle dealer shall have the right to

recover the recreational vehicle without the necessity of judicial process.

provided that such recovery can be accomplished without unauthorized entry

into a closed dwelling, whether locked or unlocked, and without a breach of

peace.

(g To pay a fee to any person in return for the solicitation, procurement

or production by that nerson of prospective purchasers for new and used

recreational vehicles, except to a recreational vehicle salesman licensed under

the provisions of this Chapter.

(h) To fail to fully and completely explain each charge listed on a retail

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buyer’s order or recreational vehicle invoice prior to the purchase of a

recreational vehicle.

(fl When selling a recreational vehicle to a consumer, to assess any

consumer services fees. which shall include fees for treating the interior

upholstery of the recreational vehicle, oil changes, roadside assistance, dealer

inspections, or any other service offered by the recreational vehicle dealer.

without allowing the buyer to refuse such services and be exempt from payment

for such services. The provisions ofthis Subparaeraph shall not apply to dealer-

added options or accessories which are permanently affixed to the recreational

V

vehicle.

(iWil To fall to disclose to a purchaser in writing on the sales contract,

buyer’s order, or any other document that the recreational vehicle dealer may

be participating in finance charges associated with the sale.

(ifl To participate in a fmance churee that would resultin adifferenee

between the buy rate and the contract rate of more than three percentage

points.

(lii) The provisions ofthis Subparagranh shall apply only to transactions

subject to the Louisiana Motor Vehicle Sales Finance Act

(3Wifl For any person or other licensee to modify a franchise during the

term of the agreement or upon its renewal if the modification substantially and

adversely affects the franchisee’s rights, obligations, investment, or return on

investment without giving• a sixty-day written notice of the proposed

modification to the licensee and the commission unless the modifications are

required by law, court order, or the commission. Within the sixty-day notice

period, the licensee may file with the commission a complaint for a

determInation whether there is good cause for permitting the proposed

modification. The party seeking to modify or replace an agreement shall

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demonstrate by a preponderance of the evidence that there is good cause for the

modification or replacement The commission shall schedule a hearing within

sixty days to decide the matter. Multiple complaints pertaining to the same

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SB NO. 360 ENROLLED

I proposed modifications shall be consolidated for hearing. The proposed

2 modification may not take effect pending the determination of the matter.

3 (Ii) Iii making a. determination of whether there Is nod cause for

4 permitting a proposed modification, the commission may considerany relevant

S factor including:

6 (1) The reasons for the proposed modification.

7 (ii) lVhether the proposed modification is applied to or affects all


9 (iifl The degree to which the proposed modification will have a


11 investment

12 (iv Whether the proposed modification is in the public interest.

23 (‘i’) The degree to which the proposed modification is necessary to the

14 orderly and profitable distribution of recreational vehicles and other services

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15 by the licensee.

16 (vii Whether the proposed modification is offset by other modifications

17 beneficial to the licensee.

18 (c) The decision of the commission shall be in writing and shall contain

19 fmdings of fact and a determination of whether there is aood cause for

20 permitting the proposed modification. The commission shall deliver copies of

2] the decision to the parties personally or by registered mail.

22 (4) For any employee of a licensee while actina in the scope of his




26 S1270.21. Indemnification of franchised recreational vehicle dealers

27 Notwithstanding the terms of any franchise agreement each

28 manufacturer or converter shall indemnify and hold harmless its franchised

29 recreational vehicle dealers against any judgment for damages, including bat

30 not limited to court costs and reasonable attorney fees of the recreational

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SB NO. 360 ENROLLED

vehicle dealer, arising out of complaints, claims, or lawsuits including but not

limited to strict liability, negligence, misrepresentation, express or implied

warranty, or rescission of sale to the extent that the judgment arises out of

alleged defective or neciaent manufacture, assembly, or design of recreational

vehicles, parts, or accessories, or other functions by the manufacturer of

converter, which are beyond the control of the recreational vehicle dealer.

61270.22. Payment to recreational vehicles dealers: penalties

It shall be a violation of this Chapter for a recreational vehicle

manufacturer, distributor, wholesaler, factory branch, officer, agent or other

representative thereof, to fail to pay a recreational vehicle dealer all monies due

the recreational vehicle dealer, except manufacturer hold-back amounts, within

thirty days of the date of completion of the transactions or submissions of the

claims giving rise to the payments to the recreational vehicle dealers. Failure to

make payments shall subjectthe manufacturer, distributor, wholesaler, factory

branch, officer, agent, or other representative thereof, to a penalty of the one

and one-half percent interest per month, or fraction thereof, until sums due the

recreational vehicle dealer are fully paid.

61270.23. Warranty; compensation; audits of recreational vehicle dealer

records

A.(1) It shall be a violation of this Chapter for a manufacturer, a

distributor, a wholesaler, or factory branch, or officer, agent or other

representative thereof, to fail to adequately and fairly compensate its

recreational vehicle dealers for labor, parts, and other expenses incurred by

such dealer to perform under and comply with a manufacturer’s or a

distributor’s warranty agreement.

(2) In no eyentshall any manufacturer or distributor nay its recreational

vehicle dealers at a price or rate for warranty worlc that is less than that

charged by the recreational vehicle dealer to the retail customers of the

recreational vehicle dealer for nonwarranty work of like kiud.

(3) Warranty work includes parts and labor performed.

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I (4 AU claims made by the recreational vehicle dealerfor compensation

2 under this Subsection shall be paid within thirty days after approval and shall

3 be anDroved or denied within thfrtv days after receipt When any claim Is

4 denied, the recreational vehicle dealer skull be notified in writing of the grounds

S for denial.

6 (5) The obligations in this Subsection may be modified by contract.

7 B.(1’) Notwithstanding the terms of any franchise agreement, warranty.

8 and sales incentive, audits of recreational vehicle dealer records may be

9 conducted by the manufacturer, distributor, or factory branch. Any audit for

10 warranty narts or service compensation shall be for the twelve-month period

11 irmnediately following the date of the payment of the claim by the manufacturer

12 or distributor. However, a recreational vehicle dealer shall not be held liable by

13 virtue of an auditfor failure to retain parts for a period in excess of six months.

14 Any audit for sales incentives, service incentives, rebates, or other forms of

15 Incentive compensation shall be only for the twelve-month period immediately

16 following the date of the final payment to the recreational vehicle dealer under

17 a promotion, event program, or activity. In no event shall the manufacturer,

18 distributor, or factory branch fall to allow the recreational vehicle dealer to

29 make corrections to the sales data in less than one hundred twenty days from

20 the program period. Additionally, no penalty other than amounts advanced on

21 a recreational vehicle reported incorrectly shall be due in connection with the

22 audit. With respect to recreational vehicles sold durinE the time period subleet

23 to the audit but submitted incorrectly to the manufacturer, distributor, or

24 wholesale distributor branch or factory branch, the recreational vehicle dealer

25 shall be charged backfor the amount reported incorrectly and credited with the

26 amount due, if anything, on the actual sale date.

27 12) No claim which has been approved and paid may be charged baclc to

28 the recreational vehicle dealer unless it can be shown that one of the following

29 applies:

30 (a) The claim was false or fraudulent

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SB NO. 360 ENROLLED

I (N The repairs were not properly made.

2 (c) The repairs were unnecessary to correct the defective condition under

3 generally accepted standards of workmanship.

4 (dl The recreational vehicle dealer failed to reasonably substantiate the

5 repair in accordance with reasonable written requirements of the manufacturer

6 or distributor, if the recreational vehicle dealerwas notified of the requirements

7 prior to the time the claim arose and if the requirements were in effect at the

8 time the claim arose.

9 (31 A manufacturer or distributor shall not deny a claim solely based on

10 a recreational vehicle dealer’s incidental failure to comply with a specific claim

11 proeessin2rcpuinment, or a clerical error, or other administrative teclmicalitv.

12 (4) Limitations on warranty parts or service compensation. sales

13 incentive audits, rebates, or other forms ofincentive compensation, chareebacks

14 for warranty narts or service compensation, and service incentives and

15 chargebacks for sales compensation only shall not be effective in the case of

16 intentionally false or fraudulent claims.

17 (5) It shall be deemed an unfair act pursuant to this Chapter to audit a

13 recreational vehicle dealer more frequently than two sales-related and two

19 service-related audits in a twelve-month period.Nothing in this Subsection shall

20 limit a manufacturer’s or distributor’s ability to perform routine claim reviews

21 in the normal course of business.

22 (6) No claim may be rejected as late if it has been submitted within sixty

23 days of the date the repair order was written.

24 S1270.24. Recreational vehicle repairs

25 Suppliers ofmechanical repairs and services for any recreational vehicle

26 subjectto regulation pursuantto this Chapter shall provide each consumerwith

27 an itemized bill indicatint! repairs and services performed, parts replaced, or

28 materials used, the total labor charae. and the identity of the mechanic,

29 repairman, or supplier who performed the work. However, nothinu in this

30 Section shall prohibit a supplier of mechanical repairs and services from

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SB NO. 360ENROLLED

1 charging a service fee for the use of shop supplies such as rags, fender covers,

small

amounts of fluid, or other items which are not itemized, provided that

3 such fee does not exceed five percent of the totaL invoice for mechanical repairs

4 or thirty-five dollars, whichever is less.

5 $1270.25. Damage disclosure; recreational vehicles

6 A. Whenever a new recreational vehicle subject to regulation pursuant

7 to this Part is sold to any person, the seller shall notify the purchaser of any

8 body damage or mechanical damage which the recreational vehicle has

9 sustained that exceeds six percent of the manufacturer’s wholesale price. Such

10 notice shall he in writing and a copy thereof shall be delivered to the purchaser

I I prior to or simultaneous with transfer of the recreational vehicle title.

12 B. Replacement of a new recreational vehicle’s instrument panels,

13 appliances, furniture, cabinetry, televisions, audio equipment, or similar

14 residential components shall not be deemed “damage” pursuant to this Section

15 if such items are replaced with original manufacturers’ parts and materials.

16 C. This Section shall apply to all instances of vehicular body or

17 mechanical damage to recreational vehicles and to all actions involving such

IS damage, notwithstanding the application ofother codal. statutory, or regulatory

19 provisions, including but not limited to Civil Code Articles 2520 et seq.

20 $1270.26. Notice regarding recalls: recreational vehicles

21 It shall be a violation of this Part for a recreational vehicle dealer to sell

22 a new recreational vehicle without first supplying a prospective buyer with the

23 following notice: “A new recreational vehicle may have been subject to a

24 National Highway Traffic Safety Administration required recall which would

25 be repaired in accordance with manufacturer standards approved by the

26 National Highway Traffic Safety Administration. If such a repair is a concern

27 before you purchase, please asic for a copy of the recall notice, if applicable, to

28 the recreational vehicle being sold.” This notice shall be included on the buyer’s

29 order in a box and in bold print which is sinned by the buyer and the seller or

30 his representative next to the box. If the buyer requests the recall notice, the

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SB NO. 360ENROLLED

I recall notice shall be included in the gales transaction. If the selling recreational

2 vehicle dealer performed the repair. the documents supporting the repair shall

3 also be included in the sales transaction.

4 $1270.27. Sale of water-damaged recreational vehicles

5 A. No person shall sell, transfer, or convey any new or used recreational

6 vehicle to any person without notifying the buyer or receiver of the recreational

7 vehicle in writing of the extent of any water damage from flooding which

8 occurred to the recreational vehicle prior to the transaction.

9 B. If a sale, transfer, or conveyance of a new or used recreational vehicle

10 occurs in violation of Snbsection A of this Section. the person receiving I /

II ownership and title to the recreational vehicle who is not otherwise aware of the

12 damage at the time of the transaction may bring an action to set aside the

13 transaction within one year from the date of the transaction and receive all

14 monies or other property given as consideration for the vehicle less a reasonable

15 assessment for miles driven.

16 C. For the purposes of this Section, a “water-damaged vehicle” means

17 any recreational vehicle whose power train, computer, or electrical system has

18 been damaaed by flooding.

19 127O.28. Succession; right of first refusal; recreational vehicle dealer

2(2 A.(1) The terms of the franchise notwithstanding, any recreational

21 vehicle dealer may appoint by will, or other written instrument adesignated

22 successor to succeed in the ownership interest of the recreational vehicle dealer

23 in the dealership upon the death or incapacity of the recreational vehicle dealer.

24 (2) Unless good cause exists for refusal to honor the succession on the

25 part of the manufacturer or distributor, any designated successor of a deceased

26 or incapacitated recreational vehicle dealer of a dealership may succeed to the

27 owuerslzin of the dealership under the existing franchise if:

28 (a) The designated successor nives the manufacturer or distributor

29 written notice of his intention to succeed to the ownership of the recreational

30 vehIcle dealer within sixty days of the recreational vehicle dealer’s death or

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SB NO. 360ENROLLED

I incapacity.

•2 (bl The designated successor agrees to be bound by all the terms and

3 conditions of the franchise.

4 (3) The manufacturer or distributor may request and the designated

5 successor shall provide, promptly upon such request, personal and fmancial

6 data reasonably necessary to determine whether the succession should be

7 honored.

8 (4) If a manufacturer or distributor believes that good cause exists for

9 refusing to honor the sUccession of a deceased or incapacitated recreational

10 vehicle dealer, the manufacturer or distributor may. not more than sixty days

11 foUowin receipt of notice of the designatedsuccessor’s intent to succeed and

12 receipt of such personal or financial data, serve upon the designated successor

13 notice of its refusal to honor the succession and of its intent to discontinue the

14 existing franchise with the dealer not earlier than six months from the date such

15 notice is served.

16 (5) The notice must state the specific grounds for the refusal to honor the

17 succession.

18 (61 If notice of refusal and discontinuance is not timely served upon the

19 designated successor, the franchise shall continue in effect subject to

20 termination only as otherwise nermitted by this Chapter.

21 en In determining whether good cause for the refusal to honor the

22 succession exists, the manufacturer or distributor has the harden of proving

23 that the designated successor is not of eood moral character or does not

24 otherwise meet the manufacturer’s or distributor’s reasonable standards as a

25 franchisee.

26 (8) Ifa manufacturer or distributor refuses to honor the succession to the

27 ownership interest of a deceased or Incapacitated owner for good cause, then

28 andin such event:

29 (a) The manufacturer or distributor shall allow the designated successor

30 a reasonable period of time which shall not be less than six months in which to

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SB NO. 360ENROLLED

1 consummate a sale of the dealership. Any such sale shall be subject to R.S.

2 32:1270.20(lWdl.

3 (hI Upon termination of the franchise pursuant to such refusal, the

4 provisions of R.S. 32:1270.29 shall apply.

5 B. In the event of a proposed sale or transfer of a recreational vehicle

6 dealership and if the franchise agreement has a right of first refusal in favor of

7 the manufacturer or distributor, then, notwithstanding the terms of the

8 franchIse agreement the manufacturer or distributor shall be permitted to

9 exercise a right offirst refusal to acquire the recreational vehicle dealer’s assets

10 or ownership if all of the following requirements are met:

11 (1) In order to exercise its right of first refusal, the manufacturer or

12 distributor shall notify the recreational vehicle dealer in writing within sixty

13 days of his receipt of the completed proposal for the proposed sale or transfer

14 and all related agreements.

15 (21 The applicabffltv of R.S. 32:1270.20(1M11 shall not be expanded or

16 changed.

17 (3) The exercise of the right of first refusal wifi result in the recreational

18 vehicle dealer receiving the same or greater consideration as he has contracted

19 to receive in connection with the proposed change of ownership or transfer.

20 (4’) The proposed sale or transfer of the dealership’s assets does not

21 involve the transfer or sale to a member or members of the family of one or

22 more recreational vehicle dealers, or to a qualified manner with at least two

23 years management experience at the dealership of one or more of these

24 recreational vehicle dealers, or to a partnership or corporation controlled by

25 such persons.

26 f5Wa’) The manufacturer or distributor agrees to pay the reasonable

27 expenses, including attorney fees which do not exceed the usual, customary, and

28 reasonable fees charged for similar work done for other clients, incurred by the

29 proposed owner or transferee prior to the manufacturer’s or distributor’s

30 exercise of its tight offirstrefusal in negotiating and implementing the contract

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SB NO. 360ENROLLED

I for the proposed sale or transfer of the dealership or dealership assets. Such

2 expenses and attorney fees shall he paid to the proposed new owner or

3 transferee at the time of closing of the sale or transfer for which the

4 manufacturer or distributor exercised its right of first refusal.

S (b No payment of such expenses and attorney fees shall be required if

6 the new owner or transferee has not submitted or caused to be submitted an

7 accounthg of those expenses within thirty days of the recreational vehicle

8 dealer’s receipt of the manufacturer’s or distributor’s written reqnestfor such

9 an accounting. A manufacturer or distributor may request such accountina

10 before exercising his right of first refusal.

11 (6) The recreational vehicle dealer shall not have any liability to any

12 person as a result of a manufacturer’s exercising its right of first refusal and the

13 manufacturer or distributor shall assume the defense of the selllu dealer for

14 any claim by the proposed owner or transferee arising from the exercise of the

15 right of first refusal.

16 61270.29. Requirements upon termination: penalty: indemnity: recreational

17 vehicles

18 A.W In the event the licensee ceases to engage in the business of being

19 a recreational vehicle dealer, or ceases to sell a particular recreational vehicle,

20 and after notice to the manufacturer, converter, distributor, or representative

21 by certified mail or commercial delivery service with verification of receipt

22 within thirty days of the receipt of the notice by the manufacturer, converter,

23 distributor, or representative, the manufacturer, converter, distributor, or

24 representative shall repurchase:

25 (al All new recreational vehicles of the current and last prior model year

26 delivered to the licensee and parts limited to those listed in the manufacturer’s

27 price book. The recreational vehicles and parts shall be repurchased at the cost

28 to the licensee which shaft include without limitation freight and advertising

29 costs, less nfl allowances paid to the recreational vehicle dealer.

30 (b At fair market value. each undamaged sign owned by the recreational

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SB NO. 360ENROLLED

1 vehicle dealer which bears a trademark or trade name used or claimed by the

2 manufacturer, distributor, or representative if the sign was purchased from or

3 purchased at the request of the manufacturer, distributor, or representative.

4 Fair market value shall be no less than cost of acquisition of the sign by the

5 recreational vehicle dealer.

6 (c At fair market value. all special tools and automotive service

7 equipment owned by the recreational vehicle dealer which were reconunended

S in writing and designated as special tools and equipment and purchased from

9 or purchased at the request of the manufacturer, converter, distributor, or

10 representative, if the tools and equipment are in usable and good condition

11 exceptfor reasonable wear and tear. Fair marketvalue shall be no less than cost

12 of acquisition of special tools and automotive service equipment by the

13 recreational vehicle dealer.

14 (2 The manufacturer, converter, distributor, or representative shall pay

15 to the recreational vehicle dealer the costs of transporting. handling. packina.

16 and loading of recreational vehicles, or parts, signs, tools, and equipment

17 subiect to repurchase.

18 (3 The manufacturer or converter shall make the required repurchase

19 after the recreational vehicle dealer terminates his franchise and within sixty

20 days of the submission to it, by certified mail, return receipt requested, or

21 commercial delivery service with verification of receipt, of a rmal inventory of

22 recreational vehicles and parts on hand.

23 B. Failure to make such repurchase without just cause shall suhlcct the

24 manufacturer or converter to a penalty of one and one-half percent per month,

25 or fraction thereof, of the inventory value or returnable recreational vehicles.

26 and parts. signs, special tools, and automotive service equipment, payable to the

27 dealer, as long as the repurchase is not made.

28 C.(1) Upon the involuntary termination, nonrenewal. or cancellation of

29 any franchise by the manufacturer or converter, except for termination,

30 nonrenewal. or cancellation resultinefrom a felony conviction, notwithstanding

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SB NO. 360ENROLLED

the terms of any franchise, whether entered into before or after the enactment

of this Chapter or any of its provisions, the new recreational vehicle dealer shall

be allowed fair and reasonable compensation by the manufacturer or conyerter

as agreed by the parties, or lacking agreement, as determined by the

commission, for the dealership facilities if the facilities were required to be

purchased or constructed as a precondition to obtaining the franchise or to its

renewal; provided that if such facilities were leased andthe lease was required

as n precondition to obtaining the franchise or to its renewal, then th

manufacturer shall be liable for one year’s payment of the rent or the

remainder of the term of the lease, whichever is less.

(2 Payment under this Section shall entitle the manufacturers,

• converters, or distributors to possession and use of the facility.

(3) As used hi this Section, “manufacturer” shall include a

manufacturer, aconyerter, a distributor, a factory branch, distributor branch,

or other subsidiary thereof.

(4) The oblleation of the manufacturer or converter to purchase a

dealership facility, pursuant to this Section, is equally applicable if an entity or

person affiliated with the dealer is the owner or lessor of the facility.

S1270.30. Recreational vehicle manufacturer termination of line-make;

manufacturer bankruptcy; license

Notwithstanding the terms of any franchise or other provision of law. if

the termination, cancellation, or nonrenewal of a licensee’s franchise is the

result of the termination, elimination, or cessation of a line-make by the

manufacturer, distributor, or factory branch, whether by bankruptcy or

otherwise, the license issued by the commission may remain in effect at the

discretion of the conunission pursuant to its rules.

Section 2. R.S. 32:1257.1 and 1268.1 are hereby rpdaled.

Section 3. The Louisiana State Law Institute is 1’feby directed to redesignate Its.

32:1251 through 1269 ofChapter 6 ofTitle 32 ofthe7uisiana Revised Statues of 1950, as

Part I of Chapter 6 of Title 32 of the Louisiana/ievised Statues of 1950 Part I shall be

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I enfitled “GEL P6S APPlICABLE TO MOTOR WIUES

2 RBCREATIONidfS”. ////2PR.ESIJYO)THES ATE/ /

SPEAKE,(’ZBPRBSENTATIVES

C3OVERN OF T TATE OF LOUISIANA

PROD:

p

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BcL LI5QRegular Session, 2012 ENROLLED

SENATE BILL NO. 175

BY SENATOR APPEL


EdlisTo: . & .3l Pqs.Note: 7v1t-(1& ) 5e& %-r 3l4

CT

2 To amend and reenact R.S, 32:1268(Ø$&)(introductotYPararaPh) and (c), (2) and (B),

3 and to enact R.S. 32:1291Ø5(x), relative to the Louisiana Motor Vehicle

4 Commission; to provide r regulation and entbrcement by the commission; to

5 provide for repurebas I certain tools and equipment; to provide for unauthorized

6 actions of certain rsons regulated by the commission; and to provide for related

7 matters.

8 Be it enacted by t/Legis1ature of Louisiana:

/9 Secti9rf 1. R,S. 32:1268(A)(1)(a)(introductory paragraph) and (c), (2) and (B) are N

/10 hereby{ended and reenacted and R.S. 32:1261(1)(x) is hereby enacted to read as follows:

I—11 §1261.Tjnauthorizedacts

12 4. It shall be a violation of this Chapter:

13 (1) For a manufacturer, a distributor, a wholesaler, distributor branch, factory

14 branch, converter or officer, agent or other representative thereof

15* * * C

16 To charge back, deny vehicle allocation, withhold payments. or take

17 any other adverse actions against a.motor vehicle dealer because of a sale of a

18 new motor vehicle that is exported from the United States, unless it is shown

19 that the dealer knew or reasonably should have known on the date of the sale

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SB NO. 175 ENROLLED

I that the new motor vehicle was to be exported. A motor vehicle dealer shall be

2 rebuttably presumed to have no knowledge of the export If the motor vehicle is

3 sold by the dealer to a resident of the United States who titles and registers the

4 motor vehicle in any state within the United States.

5* * *

6 § 1268. Requirements upon termination; penalty; indemnity

7 A.(l) In the event the licensee ceases to engage in the business of being a

S motor vehicle, recreational products, or specialty vehicle dealer, or ceases to sell a

9 particularmake ofmotor vehicle, recreational product, or specialty vehicle and after

10 notice to the manufacturer, converter, distributor, or representative by certified mail

11 or commercial delivery service with verification of receipt, within thirty days of the

12 receipt ofthe notice by the manuficturer, converter, distributor, or representative, the

13 manufacturer, converter, distributor, or representative shall repurchase:

14 (a) All new motor vchiclc vehicles, recreational pzudu,t products, and

15 specialty vehicles of the current and last prior model year delivered to the licensee

16 and parts on hand purchased in the ordinary course of business that have not been

17 damaged or substantially altered to the prejudice of the manufacturer while in the

18 possession of the licensee. As to recreational products dealers, the repurchase of

19 parts shall be limited to those listed in the manufacturer’s price book. The motor

20 J1ida vehicles, recreational dut products, and specialty vehicles and parts

21 shall be repurchased at the cost to the licensee which shall include without limitation

22 freight and advertising costs, less all allowances paid to the dealer, except that new

23 automobiles shall be purchased on the schedule as follows:

24* * *

25 (c) At fair market value, all special tools and automotive service equipment

26 owned by the dealer which were recommended in writing and designated as special

27 tools and equipment and purchased in the ordinary course of business from or

28 pw...L&d at the requestofthe manufacturer, converter, distributor, orrepresentative,

29 if the tools and equipment are in usable and good condition except for reasonable

30 wear and tear. Fair market value shall be no less than cost of acquisition of special

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SB NO. 175 ENROLLED

I tools and automotive service equipment by the dealer.

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3 (2)fThc aniSactuicA Os C,‘1stp. shall make thguiied ucliasc. .JL4

4 the dc.ak1 L&dnaLs h, fl.J1i0’..1d wthhi thirty dajs f01 ujotus spc.c.rnlity

5 LiJ deak4saud aaty days IL5 L.LI!.StLOLLJ1udu..t3dc.1 of th, a..Li.ns,ou to

6 it, Ly c...ti&4 m8II fCtLJfl .....C;pt tCgUcSLd, a dchv..5y viti.. with

7 v,...i&tiu ufrc.zpt, f a final mvc.1tviy fmt1 duc1cs 1d y.uth On hand.

8 After a motor vehicle dealer terminates his franchise, the manufacturer or

9 converter shall make required repurchases within thirty days after such dealer

IC) has satisfied all of the following conditions:

11 (I) The motor vehicle dealer submits to the manufacturer, by certified

12 mail, return receipt requested, or commercial delivery service with verification

13 of receipt a final inventory of motor vehicles and parts, special tools, and

14 automotive services on hand.

15 (uI The motor vehicle dealer tenders the parts, special tools, and

16 automotive service equipment to the manufacturer.

17 (b After a specialty vehicle dealer terminates his franchise, the

18 manufacturer or converter shall make required repurchases within thirty days

19 after such dealer has submitted to the manufacturer by certified mail, return

20 receipt requested, or conunercial delivery service with verification of receipt

21 a final inventory of vehicles and parts on hand.

22 (c) After a recreational products dealer terminates his franchise, the

23 manufacturer or converter shall make required repurchases within sixty days

24 after such dealer has submitted to the manufacturer by certified mail, return

25 receipt requested, or commercial delivery service with verification of receipt

26 a final inventory of vehicles and parts on band. This Subparagraph shall not

27 apply to the repurchase of marine products and related items.

28 B. Failure to make such repurchase without just cause shall subject the

29 manufhcturer or converter to a penalty of one and one-half percent per month, or

30 fraction thereof, ofthe inventory value or returnable recreational product,0paflt,

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SB NO. 175 ENROLLED

specialty and motor vehicles, and parts, signs, special tools, and automotive service

equipment, payable to the dealer, as long as the repurchase is not made.

* * *

HOU7KEPRESENTATJVES

APPROVED: 5zM 61iL1)

OF LOUISIANA

ACTSM

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Regular Session. 2012 ENROLLED

SENATE BILL NO. 751 (Substitute of Senate BiILMo.Sjw LCWtAffft1Ye

BY SENATORS MORIUSH AND PEACOCKPRI NTERS COPY

C!assification AS. 3Z_

I A9AT

2 To amend and reenact R.S. 32:1253(4% 1256, to enact R.S. 32:1256.1 and 1256.2,

/ /3 and to repeal Chapter iS, Sutthart 1, Part V of Title 46 of the Louisiana

4 Administrative Code, compi4ed of Sections 1501 through 1515, relative to thet /

5 Louisiana Motor Vehic)/Commission; to provide relative to recreational product

6 shows; to Provide)eftive to membership of the commission; and to provide for

7 related matter

8 Be it enacted bpf’Legislature of Louisiana:

9 Sec n i.R.S. 32:1253(A)(2) and 1256 are hereby amended and reenacted and R,S.

10 32l2 and 1256.2 are hereby enacted to read as follows:

11 § 1253. Motor Vehicle Commission; appointment and qualifications of members;

12 terms of office; organization; oath; official bond; compensation;

13 powers and duties

14 A. The Louisiana Motor Vehicle Commission is hereby created within the

15 office of the governor and shall be composed of eighteen members appointed by the

16 governor, as follows:

17* * *

18 (2) Each ofthe commissioners appointed under the provisions ofParagraph

19 (1) of this Subsection shall have been an actively engaged licensee of the

20 commission or its previous Louisiana licensing commission for not less than five

21 consecutive years prior to such appointment, and be a holder ofsuch a license at all

22 times while a member of the commission. Being engaged in more than one such

23 pursuit shall not disqualify a person otherwise qualified from serving on the

24 commission. Of these members, one member shall be primarily engaged in the

25 business of lease or rental, one member shall be primarily engaged in the business

26 ofheavy truck sales, thrc.c mu.sibt,ip stall bc h&lly h tl.c bua S

27 1\s..swatiufld pLUdUIAS, one member shall be primarily engaged in the business of

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SB NO. 751 ENROLLED

marine product sales, one member shall be primarily enaad In the business

2 of motorcycle sales, one member shall be primarily eiwaged in the business of

3 recreational vehicle sales, and one member shall be primarily engaged in the

4 business of sales finance.

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6 § 1256. Auto shows

7 The commission may authorize or prohibit motor vehicle u

8 1dut0sales and shows at off.site locations. The commission may, in its discretion,

P allow such sales and shows in accordance with the rules and regulations adopted by

10 the commission in accordance with the Administrative Procedure Act

11 t256.1. ReEional recreational products shows

12 A.(1) Shows where recreational products are displayed and promoted

13 for sale are hereby authorized as provided for in this Section, except that no

14 fmal sale and delivery of a recreational product shall occur at such show except

15 by licensed Louisiana dealers whose areas of responsibility for the brand of

16 recreational products they represent include the location of the show.

17 (2) When used in this Section, the followinti words and phrases have the

18 meanings ascribed to them in this Paragraph:

19 (a) “Nonresident” or “non-Louisiana” means a dealer, distributor, or

20 manufacturer who holds a current license In another state.

21 (1) ‘Producer” means a person who alone or with others assumes the

22 financial responsibility of a recreational product show at which recreational

23 products are displayed by dealers, manufacturers, or distributors. A producer

24 shall be licensed as a promoter pursnant to R.S. 32:1254.

25 (c) “Productline” means a specific series of recreational vehicle products

26 that are identified twa common series trade name or trademarlc and for which

27 the manufacturer or dealer aereement authorizes a dealer to sell.

28 (d) “Rally” means an event not opened to the 2eneral public held and

29 organized by recreational product clubs of specific nroducts owners or

30 manufacturers ofspecific nroducts where owners ofsuch products are members

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SB NO. 751 ENROLLED

1 of the cluband are invited toparticipate in the event

2

Ic) “Regional recreational product show” or “show” means a controlled

• 3 event at which a nroducer charges or barters for booth space or charges

4 spectator entrance, or both, and where three or more recreational uroduct

5 dealers, distributors, or manufacturers exhibit recreational products. It does

6 not include a rally or a national recreational product show as defined in R.S.

7 32:1256.2.V

8 B. Participation in regional recreational product shows is limited to

9 recreational products dealers, distributors, or manufacturers who are licensed

10 in Louisiana pursuant to this Chapter. except as provided in Subsections C and

11 Dof this Section.

12 C. Nonresident recreational uroducts dealers, distributors, - or

13 manufacturers who hold a current equivalent license in another state may

• 14 participate in a regional recreational products show in Louisiana. provided all

15 of the following criteria are satlsf,eth

16 (1) Louisiana recreational products dealers, whose area of responsibility

17 for the brands they representiucludes the location of the show, have been given

18 first option on space at the show.

19 (2) Louisiana recreational products dealers, whose area of responsibility

20 does not include the location of the show, have been given second option on

21 space at the show, provided thatthe dealers shall not show the same brand of

22 recreational product as shown by a participating Louisiana recreational

23 products dealer whose area of responsibility includes the location of the show.

24 (3) Non-Louisiana recreational products dealers, distributors, and

25 manufacturers shall not show the same brand ofrecreational products as shown

26 by participating Louisiana recreational products dealers.

27 (4) Non-Louisiana recreational products dealers, distributors, and

28 manufacturers shall register their participation wit], the commission not later

29 than ten business days prior to the date of the show. To register, each non-

30 Louisiana recreational products dealer, distributor, and manufacturer shall

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SB NO. 751 ENROLLED

I submit its name, address, a copy of its current egulvaleutlicense from the state

2 of its domicile, and a fee of two hundred fifty dollars to the connuission.

3 (51 Non-Louisiana recreational products dealers, distributors, and

4 manufacturers shall disclose to show attendees the location of where warranty

5 repairs would be made for products it has on display at the show.

5 D. Notwithstanding any provision of law to the contrary, no recreational

7 vehicle dealer, distributor or manufacturer shall participate in any regional

8 recreational product show where its product line of recreational vehicles is

P representedby a dealer whose area of responsibility includes the location of the

10 show, whether or not that dealer participates in the show.

11 F. The provisions of this Section shall not apply to a rally held in this

12 state.

13 F. The commission may adopt rules and regulations consistent with the

14 provisions of this Section in accordance with the Administrative Procedure Act.

15 §1256.2. National recreational product shows

16 A. National recreational product shows are hereby authorized as

17 provided for in this Section.

18 B. When used In this Section. the following words and phrases have the

19 meaning ascribed to them in this Paragraph:

20 (1) “National recreational product show” or “show” means a controlled

21 event promoted by an organizer who seeks spousorships from distributors or

22 manufacturers of recreational products where their products are shown. A

23 national recreational product show requires all of the followin2:

24 (a) The participation of at least three or more sponsors.

25 (l) A duration of no lonaer than ten days.

26 (el A non-selling show with no execution of sales contracts, credit

27 applicatIons. taking of security deposits. ordeliven’ ofanyrecreatiozial product.

28 (2) “Non-Louisiana” means a distributor or manufacturer who holds a

29 current license as a distributor or manufacturer in another state.

30 (3) “Organizer” means any person, alone orwith others, whose principal

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SB NO. 751 ENROLLED

I business activit4 is the promotion of shows. An organizer shall be licensed as a

2 promoter pursuant to ItS. 32:1254.

3 (4) specialist” means any person selected by the sponsor to

4 assist in the sponsor’s participation in a show.

5 (5) “Sponsor” means a distributor or manufacturer who pays cash or an

6 in-kind fee to an organizer in return for access to the commercial potential

7 associated with a show.

8 C. The presence ofproductspecialists. business cards, brochures, pricing

9 sheets and other points of sales devices to answer consumer questions are not

10 prohibited ata national recreational product show.

11 DJ1) An organizer shall obtain a license from the commission on an

12 application prescribed by and with the information required bythe commission.

13 (2) The application shall be submitted to the commission not less than

14 sixty days prior to the opening of the show.

15 (3) A license fee of live hundred dollars shall be included with the

16 application.

17 E. Participation in a national recreational product show is limited to

18 distributors or manufacturers who are licensed in Louisiana pursuant to this

19 Chapter. except as provided in Subsection F of this Section.

20 F. In order to participate iii a national recreational product show in

21 Louisiana. non-Louisiana recreational products distributors and manufacturers

22 shall resister their participation with the commission not later than ten business

23 days prior to the date of the show. To register, each non-Louisiana recreational

24 product distributor or manufacturer shall submit its name, address, a copy of

25 its current equivalent license from the state of its domicile, and a fee of two

26 hundred fifty dollars to the commission.C’)

27 C. The commission may adopt rules and regulations consistent with the‘6

28 provisions of this Section in accordance with the Administrative Procedure Act

29 Section 2. Chapter 15, Subpart 1, Part V ofTitle 46 ofthe Louisiana Administrative

30 Code, entitled “Recreational Product Shows” and comprised ofSections 1501 through 1515,

ciPage 5 of 6

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SB NO. 751

are hereby repealed as of the effective date of this Act

Section 3. This Act shall become effective on Jul 1,2012; ifvetoed by the governor

and subsequently approved by the legislature, this shall become effective on July 1,

2012, or on the day following such approval by the gislature, whichever is later.

PRESID OF THE SE’ATE

ENROLLED

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/APPROVED:_______

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lion


NO EDITSClassification R. 32—


HOUSE BILL NO. 374

BY REPRESENTATIVE MIMES

ENROLLED

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To amend and reenact R.S. 32:130 ), r alive to motor vehicle inspections; to delete

acertain provisions ofmo r ve le inspection law relative to issuance ofpermits to

inspection stations; and to rovide for related matters.

Belt enacted by the Legislay{of Louisiana:

Section 1. R.S. 324 305(B) is hereby amended and reenacted to read as follows:

§1305. Appointhent of official inspection stations

* * *

B. Application for permit shall be made upon an official thin and shall be

granted only when the director is satisfied that the station is properly equipped and

has competent personnel to make such inspections and adjustments and that

inspection will be properly conducted. Th &icctui shall nut o5lne a yCtm t &. an

ofTh...a1 mSyuCtiuu StatiOn UiilCa. EL1.. ap?LLaanL IjuSlauSS Lnabcuu as uy.nLun fu. nut

k.ss than mncty Jay., LAVL L. thG ssu&.cc. Ilowi, Sth s ni., oWc1 oEcial

naapCtiOfl station use by EL. pibhc wjtlim tvcnty-fiv... unk., Of thu

bbainuaa njaksn apphccstiun, thb qmrcd prim cratua }saiuJ sl.&ll bo not loss

than thirty days. The director before issuing a permit may require the applicant to

file a bond conditioned that it will make compensation for any damage to a vehicle

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HB NO. 374 ENROLLED

during an inspection or adjustment due to negligence on the part of such applicant

or its employees. The aggregate liability of the surety for all such damages shall in

no event exceed the amount of such bond.

GOVEya

APPROVED: .S*

SENTATWES

7

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are additions.

a

Regular Session, 2012ENROLLED

SENATE BILL NO. 601

BY SENATORS BUPFINGTON, THOMPSON AN)) WALSWORTH


NO EDITSClassification (1 S• 37—

AN-fl

To amend and reenact LS. 32:1306 and), relative to motor vehicle ecdons; to

/require official inspeotioh st1 to offer one year and two year certificates of

inspection; to provide relative to the charge or fee; to provide for technical

corrections; and toydide for related matters,

Belt enacted by th)L4lature of Louisiana:

Sectioff’( R.S. 32:1306(C)(1) and (2) are hereby amended and reenacted to read as

follows:

I306. Operation of official inspection stations

* * *

C.(1)f4 An wmul charge or fee shall be charged for each certificate of

inspection and approval issued, as provided in this Subsection.

(b Persons operatbw an official inspection station shall offer certificates

of inspection that are valid for both one year and two year periods. The.owner

of the vehicle shall have the option of purchasing a one year or a two year

certificate. A charge or fee shall be charged for each year of validity of the

certificate of inspection and anoroval issued, as provided in this Subsection,

Ic) The provisions of Subparagraph (b) of this Paragraph shall not apply

to the inspection proarains urovided for in Parawranhs (3) and (51 of this

Subsection and to student transportation vehicles.

(2) Except as otherwise provided in this Subsection, a. anml for each year

of validity of the certificate issued, a charge or fee often dollars shall be charged

fo ....stitcaLftd apnoval ispued, four dollars and seventy-five

cents of which shall be retained by the operator of the motor vehicle inspection

station conducting the inspection, thur dollars of which shall be transferred to the

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SB NO. 601 ENROLLED

office of state police for use in traffic law enforcement, and one dollar and twenty-

five cents shall be transferred to the office ofmotor vehicles for expenses associated

with the motor vehicle inspection and financial responsibility programs. Included in

the inspection shall be the adjustment ofheadlights when needed and mechanically

practical, at no additional cost to the operator of the motor vehicle inspected.

* * *

APPROVED:_______

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.7 Section 2. This Act shall become effective on Si 1,2012.

OF LOUISIANA

/I..

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4Q 55[Regular Session, 2012

SENATE BILL NO. 376

BY SENATOR GARY SMiTHC

ENROLLED


NO EDITSClassification P.. 5. 3j.

toTo amend and reenact 11.5. 32:152.

hazardous waste; and


of provisions regarding the transportation of

for related matters.

iture of Louisiana:

S. 32:1 525(A)(1) and (3) arehereby amended and reenacted to read as

§ 1525. Motor carrier violations; enforcement procedure; payment and collection of

penalties; administrative review; driver’s license suspensions

A.(1) Whenever any carrier, common carrier, contract carrier, private carrier,

transport vehicle, or driver is found in violation of any provision of this Chapter or

any provision of the Federal Motor Carrier Safety Regulations, the Department of

Public Safety and Corrections, office of state police, shall send the responsible party

a “Notice of Violation, Proposed Finding arid Proposed Civil Penalty”, hereafter

referred to as a “notice of violation”, within thirty oalendar days of the violation

however, whenever an incident involves hazardous materials and includes

evacuations, fatalities, or serious injuries, the office of state police shall send the

responsible parts’ a “notice of violation” within slits’ calendar days of the

violation.

* * *

(3) Ifthe Department ofPublic Safety and Corrections, office of state police,

fails to issue the notice of violation to the responsible party withi0 thirty cak.da

dayo ..S LL ,IoIatk,, in accordance with the provisions of Subsection A of this

Section, the violation shall be dismissed. However, the office ofstate police shall be

granted an additional sixty calendar days to send the responsible party a notice of

violation in accordance with the provisions of Subsection A of this Section if the

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SB NO. 376 ENROLLED

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office ofstate pcilice experiences a data system failure caused by either an act of God

or an intentional act of sabotage.

APPROVED: ‘2$& Cg (SI

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OF LOUISIANA

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Regular Session72012

HOUSE BILL NO. 839 La. State Law institute

BY REPRESENTATIVE HE Edits To:_________

_______

Note:

1 ANACT

2 To amend and reenact R.S. 32:1713(3) an (5), 1717(A)(fl, 1717.1(A),

3 171 8(A)(introductory paragraph), (1), (2), and (3), 17 (A), 1720(A), 1728(A) and

4 (D)(4), 1728.2(D)(4) and (G)(2), and 1736(A)(2) (C), and (D), to enact R.S.

5 32:1713(7) and(8), 1717(A)(4), and 1735(0), and repcatR.S. 32:1714(6), relative

6 to the Louisiana Towing and Storage Act; to ovide for certain qualifications; to

7 provide for the licensing of towing and stor e facilities; to provide for notification

8 of a towed vehicle to law enforcement; provide for notification of a towed or

9 stored vehicle to the Department ofTr sportation and Development; to provide for

10 notifcation of a towed or stored ehicle to the vehicle owner and lienholder; to

• 11 provide for the disposal of a st ccl vehicle; to provide for the waiver of fees when

12 disposing a vehicle; to pr ide for gate fees; to provide for the towing of vehicles

13 from private property’ d to provide for related mailers.

14 Be it enacted by the Legislature of Louisiana:

15 Section 1. i32:1713(3) and (5), 1717(A)(1), 1717.1(A), 1718(A)(introductory

16 paragraph), (lfr4) and (3), 1719(A), 1720(A), 1728(A) and (D)(4), 1728.2(D)(4) and

17 (GX2), anjI436(A)(2), (C), and (0) are hereby amended and reenacted and R.S. 32:1713(7)

18 and(S)6717(A)(4), and 1735(D) are hereby enacted to read as follows:

19 §1713, Definitions

20 For the purposes of this Chapter, the following terms shall have the

21 following meaning:i

22 * * *

23 “Owner” means the last registered owner of a vehicle, the holder of any

24 lien on a vehicle, and any other person with an documented woof of ownershi

CODING: Words in SLLLJLt15l.type are deletions fit -. , r underscored

are additions.

*

C5 2””°’ truck” means any motor vehicle equipped with a boom or booms,

winches, slings, tilt beds, semi-trailers, and/or similar equipment designed for the

towing andlor recovery of vehicles and other objects which cannot operate under

their own power or for some reason must be transported by means of towing.

“Non-consengual storage” means the storage or possession of a vehicle

by an individual or storage facility operator without prior consent or authorization

of the vehicle’s owner or operator for the purpose of charging fees or obtaining

ownership. Prior consent or authorization shall be documented by the storage

facility by providing a written storage contract as outlined in R.S. 32:1722(C).

C),W’( “Non-consensual towing” means the movement or transportation of a

vehicleby a tow truck without the prior consent or authorization of the owner or

operator ofthe vehicle, This includes private propertytows conducted in accordance

with the trovisions of R.S. 32:1736 and tows by law enforcement or other public

agencies. Whenever an owner or onerator of a vehicle requests alaw enforcement

officer or other public agency to initiate a tow, such tow shall be considered non

consensual and subject to Louisiana Public Service Commission tow rates.

§1717. Qualifications of licensee; proof of financial responsibility in lieu of

insurance

A. A tow truck license plate shall not be issued to a tow truck owner unless:

(1) The applicant and employees who operate tow trucks have has never

been convicted of a felony relating to vehicle thefts.

(4) The applicant and employees that operate tow trucks are not required to

be registered as a sex offender or child predator as required in R.S. 15:542.

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RB NO. 839 ENROLLED

iutCiCat UI of a vehicle. Documented woofofownership shun include a title, current

registration, or a notarized bill of sale.

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HBNO. 839

________

§1717.1. Licensing, storage facility inspection; fee

A. Each towing company or storage facility which conducts non-consensual

tows or non-consensual storage, or stores vehicles under the provisions of this

Chapter shall pay an annual fee of one hundred dollars for a storage inspection

license to the Department of Public Safety and Corrections, office of state police.

* * *

§ 1718. Law enforcement notification of a vehicle towed to a storage facility;

outdoor storage facility

A. Whenever any vehicle has been towed to a storage facility f.cs aft.

dliaigcd fbr uc1i UL rki...g, as a result of a non-consensual tow from

private property, the owner or operator of the storage facility shall, within

twenty-four hours of the time such vehicle is towed to a storage facility, notil& the

office of the sheriff or the municipal police or their assigned designees from whose

jurisdictionthe vehicle is towed that the vehicle has been towed for storage. Except

when the vehicle is stored by or upon request from a law enforcement agency, the

storage operator shall provide to the law enforcement authorities or theft designees:

(1) Thename and address ofthe location from which the vehicle was towed.

(2) A &SCLiptOn of the vchiclc The year. make, model, and manufacturer’s

vehicle identification number.

(3) The license plate number and state of issuance of the vehicle.

* * II:

§ 1719. Notification to Department of Public Safety and Corrections

A. Whenever any vehicle subject to registration in this state has been stored,

parked, or left in a garage, or any type ofpublic storage or parking lot, where fees

are charged for storage or parking or when a vehicle has been towed or stored as a

result of a non-consensual tow or non-consensual storage, the owner of the storage

or parking facility shall, within three business days of the date the vehicle has been

towed, stored, or parked, report L iitiag to the department, or the departmenVs

authorized agent, the make, model, vehicle identification number, license plate

number, state of issuance, and expiration date, if known, and the date of storage of

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I such vehicle 0.4 a fe.... fiirnishc4 in a manner provided by the department or its

2 authorized agent. The department, or the department’s authorized agent, shall

3 provide the owner of the towing, storage, or parking facility with the most current

4 owner and lienholder information available on the stored vehicle. Ifthe department

5 reports that a stored vehicle is or has been registered in another state, that report shall

6 indicate that the department has used due diligence in obtaining information from

7 nationwide databases available to the department.

8* * *

9 §1720. Owner notification of a stored vehicle; right to request administrative

10 hearing

11 A. Within ten business days from the date the deparfrnent or its authorized

12 agent sends the owner information of the stored vehicle, which includes information

13 regarding the holder of any lien on the vehicle, to the owner of the towing, storage,

14 or parking facility, the owner of the towing, storage, or parking facility shall send

15 notice by certificate ofmailing to the owner ofthe vehicle at the own&s last known

16 address and to the holder of any lien on the vehicle, if the department or its

17 authorized agent sends the owner information electronically, the owner of the

18 towing, storage, or parking facility shall send notice within five business days.

19* * *

20 §1728. Disposal of a stored motor vehicle

21 A. After forty-five days from the original date of storage or adjusted storage

22 date, if applicable, the storage or parking facility owner shall send a final notice

23 which shall comply with the notice requirements of R.S. 32:1720(B)(l) through (7)

24 to thestored vehicle’s owner. The final notice shall inform the stored vehicle’s owner

25 that unless he pays all outstanding charges and claims the vehicle or makes

26 arrangements with the storage orparldng facility owner for the continued storage of

27 the vehicle, the storage or parking facility owner mAy apply for a permit to sell or

28 permit to dismantle from the department within gft fifteen days offtrn the date

29 the final notice is iccci .‘J by mailed to the stored vehicle’s owner. The notice shall

30 also inform the stored vehicle’s owner ofthe provisions in R.S. 32:1730 and that they

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may be turned over to collections for failure to pay outstanding charges and claims.

The towing, storage, or parking facility shall not charge for storage past the ninetieth

day from the original date of storage, or the adjusted storage date, if applicable. The

storage or parking facility owner may continue to charge storage up to the ninetieth

day, or until the pennit to sell has been issued, ifthe application for the permit to sell

was submitted prior to the ninetieth day from the original date of storage or the

adjusted storage date, if applicable.

* * *

D, Prior to issuance of the permit to sell or permit to dismantle, the storage

or parking facility owner shall provide the department with the following evidence:

* * *

(4) An appraisal based on the most recent National Automobile Dealers

Association Guide. An original appraisal prepared by an independent appraiser.

which shall contain the year. make, model, and vehicle identification number, shall

be acceptable for vehicles not valued by the National Automobile Dealers

Association Guide.

* * *

§ 1728.2. Procedure for disposal ofjunk vehicles

* * *

0. Each owner-operator who possesses a vehicle which meets the criteria

set forth in Paragraph (C)(2) of this Section may make application for crushing of

the vehicle at the expiration ofthirty days ormake application for dismantling ofthe

vehicle at the expiration of thirty days from mailing of the notice. The application

shall be made in a format authorized by the department upon satisfaction and

submission of each of the following requirements:

* * *

(4) The owner-operator obtains an appraisal showing the vehicle has a fair

market value of five hundred dollars or less, tie appraisal shall be based on the

rough trade-in value of the vehicle as determined by the most recent National

Automobile Dealers Association Guide. An original appraisal prepared by an

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1 independent appraiser, which shall contain the year. make, model, and velticle

2 identification number, shall be acceptable for vehicles not valued by the National

3 Automobile Dealers Association Guide.

4* * *

5 Cl. The owner-operator shall maintain copies of the following records On all

6 vehicles crushed or dismantled under the provisions of this Section:

7* * *

8 (2) One appraisal showing the vehiclehas a fairmarketvalue offivehu, dred

9 dollars or less, The appraisal shall be based on the rough trade-in value o’ the

10 vehicle as determined by the most recent National Automobile Dealers Associlition

11 Guide. An original appraisal prepared by an independent appraiser, which hall

12 contain the year. make, model, and vehicle identification number, shall be accepkable

13 for vehicles not valued by the National Automobile Dealers Association GuidL.

14* * *

15 § 1735. Drive?s selection of licensed tow company; law enforcement rotation list;

16 minimum requirements; removal from rotation list

17* * *

18 D. No law enforcement officer shall recommend to the vehicle owner or

19 operator a specific tow company to conduct a tow. All tows shall be referred thLthQ

20 law enforcement rotation list or the authorized contractor for the law enforceLent

21 agency. When the owner or operator exercises their option to select the1 tow

22 comnanv. such selection shall be duly noted on the tow invoice or the law

enforcement record of the incident.

* *

25 §1736. Towing of motor vehicles from private property; definitions; billing

26 invoices; uniform fees; penalties

27 A. For purposes ofthis Section, the following terms shall have the me4ning

28 indicated unless the context clearly indicates otherwise:

29 * * *

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1 (2) ‘tu ona.uaba] 6v” SILJ1 1li twhi of . .ot1 vthjc, witlight

2 d.c ptiot cwt or authoizati,u ft& motor vcldolc o..akn. Parking

3 space” shall mean the designated location in a parking area for theparking of a single

4 vehicle.

5* * *

5 C. Property owners who tow unauthorized vehicles from their property or

7 parking areas shall place signage in clearly visible locations at the entrances and

8 exits to such property warning motorists that unauthorized vehicles may be towed.

9 If the property has specific parking areas or parking spaces where vehicles are

10 subject to be towed, the specific parking area or parking space that a vehicle is

11 subiect to be towed from must also be clearly marked warning the motorist their

12 vehicle maybe towed. Such warning shall include signage in each designated

13 parking area or the marking ofthe individual parking spaces inthese specific parking

14 areas. A property owner or his authorized representative who enters into contracts

15 or agreements with a tow truck company to engage in tow-related services and

16 activities shall place signage in clearly visible locations at the entrances and exits to

17 such property or parking areas warning motorists that unauthorized vehicles may be

18 towed. The signage shall include the name, address, and phone number of the

19 towing company-.,ud d.c. duifutm to wiflg icc in lettering no less than two inches in

20 height, Tow truck company owners and drivers shall ensure that the property,

21 parking areas. and spaces are clearly marked prior to the removal of any vehicle.

22 Additionally, a copy of the written contract or agreement entered into between the

23 property owner or his authorized representative and the tow truck company shall be

24 maintained at the business office ofthe property owner and the business office ofthe

25 tow truck company and in the tow truck. The written contract or agreement shall

26 define the parking rules and reasons for towing. The written contract or agreement

27 shall be dated and signed by all parties and include telephone contact numbers for

28 the pronerty owner or their authorized agentand the tow truck comnany owner, or

29 their authorized agent. tie written contract or agreements shall indicate the starting

30 date of the towing service, and the specific date of termination of such agreement.

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1 Property owners meeting the requirements of this Subsection shall not be required

2 to tag a motor vehicle for removal or sign the billing invoice prior to towing

3 D. All fees charged by a tow truck operator for the nonconsensual towing of

4 a vehicle from private property or parking areas shall be uniform and shall be set in

5 accordance with rules and regulations promulgated by the Louisiana Public Service

6 Commission nd by th Dqaitucnt fPublic Safcty and offic,., fst4tc

7 polic. If the tow truck operator charges any fee in excess of the uniform fee, the

8 owner of the motor vehicle shall have a right and cause of action to recover the

9 amount of the excess fee, storage costs, if applicable) reasonable attorney fees, and

10 all court costs. The provisions of this Section shall be enforëed by all state and local

11 law enforcement officers and duly appointed officers ofthe Louisiana Public Service

12 Commission. Tow truck operators shall make billing invoices available for

13 inspection upon request by any law enforcement officer or duly appointed officer of

14 the Louisiana Public Service Commission and shall provide such officers with a copy

15 of any billing invoice, any contract for services, or the name, address, and phone

16 number of any property owner or authorized representative.

17* *. *

18 Section 2. R.S. 32:1714(6) is hereby re ed in its entirety.

I.

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GO RNOROF

APPROD: ft

ITAT1Lo1flS1ANA

1ACTd__<3__:-ENROLLED


HOUSE BILL NO. 1189 (Substitute for House Bill No. 892 by Representative Hodges)

L BY REPRESENTATWE HODGESLa. State Law Institute


1 AN ACTClassification 5. 3

2 To enact R.S. 32:1717(J)), relative to mojpry€hicles; to provide that certain operators of car

e3 carriers are not requi2l-f6hav certain license plates or insurance; and to provide

4 for related matters.

S Be it enacted by the L,isture of Louisiana:

6 Section l.,R. 32:1717(D) is hereby enacted to read as follows:

7 §1717. Qualifications of licensee; proof of financial responsibility in lieu of

S insurance

9 * * *

10 D. Car carrier companies which transport less than five motor vehicles and

11 do not store or hold motor vehicles shall be licensed as tow trucks upon application

12 and submission of an affidavit to the Department ofPublic Safety and Corrections,

13 stating that the company does not store or hold motor vehicles and does not carry

14 grage keeper’s legal liability or garage liability insurance. These companies shall

15 receive a “car carrier” endorsement on theirreguired motor vehicleregistration. This

16 does not exclude the car carrier company from any other regulations as set by the

17 Louisiana Towing mad Storage Act.

APPROVED:

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UISLANA

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