Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1042 Engrossed / Bill

                    HLS 10RS-1673	ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1042
BY REPRESENTATIVE HENRY
MOTOR VEHICLES:  Provides with respect to stored motor vehicles
AN ACT1
To amend and reenact R.S. 32:1720.1(C), relative to stored motor vehicles; to provide that2
a hold harmless agreement between a holder of a lien on a motor vehicle and a3
storage facility or a repair or body shop shall not require notarization; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 32:1720.1(C) is hereby amended and reenacted to read as follows:7
ยง1720.1.  Surrender of stored vehicle to lienholder8
Notwithstanding any other provision of law to the contrary, if a vehicle9
placed in a storage facility or a repair or body shop is encumbered by a lien, and the10
storage or repair or body shop operator mails the notification required by R.S.11
32:1720, the storage or repair or body shop operator shall surrender possession of the12
vehicle to the holder of any lien on the vehicle on behalf of the registered owner.13
The holder of any lien on the vehicle is the holder shown on the records of the office14
of motor vehicles.  No such surrender shall occur until the secured party makes a15
complete payment of the towing and storage charges and executes a hold harmless16
agreement, agreeing to indemnify the storage or repair or body shop operator for17
surrender of the vehicle to the secured party.  The hold harmless agreement shall not18
require notarization.19 HLS 10RS-1673	ENGROSSED
HB NO. 1042
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Henry	HB No. 1042
Abstract: Provides that a hold harmless agreement between a holder of a lien on a motor
vehicle and a storage facility or a repair or body shop shall not require notarization.
Present law provides that, if a vehicle placed in a storage facility or a repair or body shop is
encumbered by a lien, and the storage facility or repair or body shop operator mails the
notification required by present law, the storage facility or repair or body shop operator shall
surrender possession of the vehicle to the holder of any lien on the vehicle on behalf of the
registered owner.
Present law further provides that no surrender shall occur until the secured party makes a
complete payment of the towing and storage charges and executes a hold harmless
agreement, agreeing to indemnify the storage facility or repair or body shop operator for
surrender of the vehicle to the secured party.  
Proposed law provides that the hold harmless agreement shall not require notarization.
(Amends R.S. 32:1720.1(C))