HLS 10RS-1771 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1096
BY REPRESENTATIVE HENRY
MOTOR VEHICLES: Provides with respect to stored motor vehicles
AN ACT1
To amend and reenact R.S. 32:1728(D)(3) and (4) and 1728.2(D)(introductory paragraph),2
(F)(introductory paragraph), and (G)(2) and (6), relative to the disposal of stored3
motor vehicles; to require a receipt of certificate of mailing to show proof of mailing4
of notices; to require applications for crushing vehicles to be completed in a format5
specified by the Department of Public Safety and Corrections; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 32:1728(D)(3) and (4) and 1728.2(D)(introductory paragraph),9
(F)(introductory paragraph), and (G)(2) and (6) are hereby amended and reenacted to read10
as follows:11
§1728. Disposal of a stored motor vehicle12
* * *13
D. Prior to issuance of the permit to sell or permit to dismantle, the storage14
or parking facility owner shall provide the department with the following evidence:15
* * *16
(3) The original signed post office receipt of delivery receipt of certificate17
of mailing for both the first and final notices sent to the stored vehicle's owner or and18
the returned unopened envelope, if applicable, for the first or final notices with postal19
markings indicating the post office's attempt to deliver such notice. If either of these20 HLS 10RS-1771 ORIGINAL
HB NO. 1096
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items cannot be furnished, other documented proof that the storage or parking1
facility owner sent notice to the stored vehicle's owner shall be submitted to the2
department.3
(4) An original appraisal, prepared by an independent appraiser, which shall4
contain the year, make, model, and vehicle identification number and the printed5
name and address and full signature of the appraiser. Additionally, a photograph of6
the vehicle shall be affixed to the appraisal based on the most recent National7
Automobile Dealers Association Guide.8
* * *9
§1728.2. Procedure for disposal of junk vehicles10
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D. Each owner-operator who possesses a vehicle which meets the criteria set12
forth in Paragraph (C)(2) of this Section may make application for crushing of the13
vehicle at the expiration of thirty days or make application for dismantling of the14
vehicle at the expiration of thirty days from mailing of the notice, by certificate of15
mailing, notice. The application shall be made in a format authorized by the16
department on a form provided by the Department of Public Safety and Corrections,17
office of motor vehicles, upon satisfaction and submission of each of the following18
requirements:19
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F. Within seven business days following the crushing or dismantling of the21
vehicle, the licensed crusher or licensed dismantler shall execute a certification for22
each vehicle, on the form provided in a format authorized by the Department of23
Public Safety and Corrections, office of motor vehicles, and forward it to the office24
of motor vehicles, by certificate of mailing, providing the following information:25
* * *26
G. The owner-operator shall maintain copies of the following records on all27
vehicles crushed or dismantled under the provisions of this Section:28
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(2) One appraisal showing the vehicle has a fair market value of five hundred1
dollars or less. The appraisal shall be based on the standard rough trade value of the2
vehicle as determined by the most recent National Automobile Dealers Association3
Guide.4
* * *5
(6) The original signed post office receipt of delivery, if the letter required6
to be sent by this Section has been delivered, or receipt of certificate of mailing for7
the notice sent to the stored vehicle's owner and the returned unopened envelope, if8
applicable, with the postal marking indicating attempt to deliver the letter required9
by this Section. If either of these items could not be furnished, other documented10
proof that the storage or parking facility owner sent notice to the stored vehicle11
owner shall be retained by the owner-operator. These records shall be open to12
inspection by any peace officer any time the business is open. All records required13
by this Section shall be maintained for a period of at least three years.14
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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. 1096
Abstract: Requires a receipt of certificate of mailing to show proof of mailing of notices.
Requires applications for crushing vehicles to be completed in a format specified by
the Dept. of Public Safety and Corrections.
Present law provides that, prior to issuance of a permit to sell or permit to dismantle a stored
vehicle, the storage or parking facility owner shall provide the Dept. of Public Safety and
Corrections with the original signed post office receipt of delivery for both the first and final
notices sent to the stored vehicle's owner or the returned unopened envelope for the first or
final notices with postal markings indicating the post office's attempt to deliver such notice.
If either of these items cannot be furnished, the storage or parking facility owner shall
provide other documented proof that the storage or parking facility owner sent notice to the
stored vehicle's owner to the department.
Proposed law provides that, prior to issuance of the permit to sell or permit to dismantle, the
storage or parking facility owner shall provide the department with the original receipt of
certificate of mailing for both the first and final notices sent to the stored vehicle's owner and
the returned unopened envelope, if applicable, for the first or final notices with postal
markings indicating the post office's attempt to deliver such notice. If these items cannot be
furnished, the storage or parking facility owner shall provide other documented proof that HLS 10RS-1771 ORIGINAL
HB NO. 1096
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are additions.
the storage or parking facility owner sent notice to the stored vehicle's owner to the
department.
Present law authorizes each owner-operator who possesses a vehicle which meets the criteria
set forth in present law to make application for crushing of the vehicle at the expiration of
30 days or make application for dismantling of the vehicle at the expiration of 30 days from
mailing of the notice, by certificate of mailing, on a form provided by the Dept. of Public
Safety and Corrections, office of motor vehicles.
Proposed law authorizes each owner-operator to make application for crushing of the vehicle
at the expiration of 30 days or make application for dismantling of the vehicle at the
expiration of 30 days from mailing of the notice. The application shall be made in a format
authorized by the department.
Present law requires, within 7 business days following the crushing or dismantling of the
vehicle, the licensed crusher or licensed dismantler to execute a certification for each
vehicle, on the form provided by the Dept. of Public Safety and Corrections, office of motor
vehicles, and forward it to the office of motor vehicles, by certificate of mailing.
Proposed law requires, within 7 business days following the crushing or dismantling of the
vehicle, the licensed crusher or licensed dismantler to execute a certification for each
vehicle, in a format authorized by the Dept. of Public Safety and Corrections, office of motor
vehicles.
Present law requires an owner-operator to maintain a copy of one appraisal showing a
vehicle crushed or dismantled has a fair market value of $500 or less. The appraisal shall
be based on the standard value of the vehicle as determined by the most recent National
Automobile Dealers Association Guide.
Proposed law requires an owner-operator to maintain a copy of one appraisal showing a
vehicle crushed or dismantled has a fair market value of $500 or less. The appraisal shall
be based on the rough trade value of the vehicle as determined by the most recent National
Automobile Dealers Association Guide.
Present law requires an owner-operator to maintain a copy of the original signed post office
receipt of delivery, if the letter required to be sent by present law has been delivered, or the
returned unopened envelope with the postal marking indicating attempt to deliver the letter.
If either of these items could not be furnished, the storage or parking facility owner shall
maintain other documented proof that the storage or parking facility owner sent notice to the
stored vehicle owner.
Proposed law requires an owner-operator to maintain a copy of the receipt of certificate of
mailing for the notice sent to the stored vehicle's owner and the returned unopened envelope,
if applicable, with the postal marking indicating attempt to deliver the letter. If these items
could not be furnished, the storage or parking facility owner shall maintain other
documented proof that the storage or parking facility owner sent notice to the stored vehicle
owner
(Amends R.S. 32:1728(D)(3) and (4) and 1728.2(D)(intro. para.), (F)(intro. para.), and
(G)(2) and (6))