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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), (4), and (5) and 1728.2(D)(introductory2
paragraph), (F)(introductory paragraph), and (G)(2) and (6) and to enact R.S.3
32:1728(D)(6), relative to the disposal of stored motor vehicles; to require a receipt4
of certificate of mailing to show proof of mailing of notices; to require submission5
of a photograph of the vehicle prior to disposal; to provide for the inspection of a6
stored motor vehicle prior to disposal; to require applications for crushing vehicles7
to be completed in a format specified by the Department of Public Safety and8
Corrections; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 32:1728(D)(3), (4), and (5) and 1728.2(D)(introductory paragraph),11
(F)(introductory paragraph), and (G)(2) and (6) are hereby amended and reenacted and R.S.12
32:1728(D)(6) is hereby enacted to read as follows:13
§1728. Disposal of a stored motor vehicle14
* * *15
D. Prior to issuance of the permit to sell or permit to dismantle, the storage16
or parking facility owner shall provide the department with the following evidence:17
* * *18
(3) The original signed post office receipt of delivery certificate of mailing19
for both the first and final notices sent to the stored vehicle's owner or and the20 HLS 10RS-1771 ENGROSSED
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returned unopened envelope, if applicable, for the first or final notices with postal1
markings indicating the post office's attempt to deliver such notice. If either of these2
items cannot be furnished, other documented proof that the storage or parking3
facility owner sent notice to the stored vehicle's owner shall be submitted to the4
department.5
(4) An original appraisal, prepared by an independent appraiser, which shall6
contain the year, make, model, and vehicle identification number and the printed7
name and address and full signature of the appraiser. Additionally, a photograph of8
the vehicle shall be affixed to the appraisal based on the most recent National9
Automobile Dealers Association Guide.10
(5) A photograph of the vehicle in its current condition.11
(6) If the department requires an affidavit of physical inspection of the stored12
vehicle, it shall be completed by a full-time Peace Officer Standards and Training13
(P.O.S.T.) certified law enforcement officer, who has been trained and certified by14
the Department of Public Safety and Corrections, office of state police, to inspect15
vehicles to be crushed or dismantled.16
* * *17
§1728.2. Procedure for disposal of junk vehicles18
* * *19
D. Each owner-operator who possesses a vehicle which meets the criteria set20
forth in Paragraph (C)(2) of this Section may make application for crushing of the21
vehicle at the expiration of thirty days or make application for dismantling of the22
vehicle at the expiration of thirty days from mailing of the notice, by certificate of23
mailing, notice. The application shall be made in a format authorized by the24
department on a form provided by the Department of Public Safety and Corrections,25
office of motor vehicles, upon satisfaction and submission of each of the following26
requirements:27
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F. Within seven business days following the crushing or dismantling of the1
vehicle, the licensed crusher or licensed dismantler shall execute a certification for2
each vehicle, on the form provided in a format authorized by the Department of3
Public Safety and Corrections, office of motor vehicles, and forward it to the office4
of motor vehicles, by certificate of mailing, providing the following information:5
* * *6
G. The owner-operator shall maintain copies of the following records on all7
vehicles crushed or dismantled under the provisions of this Section:8
* * *9
(2) One appraisal showing the vehicle has a fair market value of five hundred10
dollars or less. The appraisal shall be based on the standard rough trade value of the11
vehicle as determined by the most recent National Automobile Dealers Association12
Guide.13
* * *14
(6) The original signed post office receipt of delivery, if the letter required15
to be sent by this Section has been delivered, or certificate of mailing for the notice16
sent to the stored vehicle's owner and the returned unopened envelope, if applicable,17
with the postal marking indicating attempt to deliver the letter required by this18
Section. If either of these items could not be furnished, other documented proof that19
the storage or parking facility owner sent notice to the stored vehicle owner shall be20
retained by the owner-operator. These records shall be open to inspection by any21
peace officer any time the business is open. All records required by this Section22
shall be maintained for a period of at least three years.23
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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 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 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 seven 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 seven 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 HLS 10RS-1771 ENGROSSED
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be based on the rough trade value of the vehicle as determined by the most recent National
Automobile Dealers Association Guide.
Present law requires a photograph of the vehicle to be affixed to the appraisal.
Proposed law retains present law but clarifies that the photograph should be of the motor
vehicle in its current condition and deletes the requirement that the photograph be attached
to the appraisal.
Present law provides that, if the Dept. of Public Safety and Corrections requires an affidavit
of physical inspection of the stored vehicle, it shall be completed by a full-time Peace
Officer Standards and Training (P.O.S.T.) certified law enforcement officer.
Proposed law retains present law but adds the requirement that the inspecting officer be
trained and certified by the Dept. of Public of Safety and Corrections, office of state police,
to inspect vehicles to be crushed or dismantled.
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 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), (4), and (5) and 1728.2(D)(intro. para.), (F)(intro. para.), and
(G)(2) and (6); Adds R.S. 32:1728(D)(6))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Changed the requirement that the receipt of certificate of mailing shall be
provided as proof of mailing to the certificate of mailing shall be provided.
2. Added the requirement that a photograph of the motor vehicle in its current
condition be included in the application to sell or permit to dismantle.
3. Added the requirement that an officer inspecting a stored motor vehicle shall be
trained and certified by the Dept. of Public of Safety and Corrections, office of
state police, to inspect vehicles to be crushed or dismantled.