ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1096
BY REPRESENTATIVE HENRY
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
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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
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(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
returned unopened envelope, if applicable, for the first or final notices with postal21
markings indicating the post office's attempt to deliver such notice. If either of these22
items cannot be furnished, other documented proof that the storage or parking23
facility owner sent notice to the stored vehicle's owner shall be submitted to the24
department.25 ENROLLEDHB NO. 1096
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(4) An original appraisal, prepared by an independent appraiser, which shall1
contain the year, make, model, and vehicle identification number and the printed2
name and address and full signature of the appraiser. Additionally, a photograph of3
the vehicle shall be affixed to the appraisal based on the most recent National4
Automobile Dealers Association Guide.5
(5) A photograph of the vehicle in its current condition.6
(6) If the department requires an affidavit of physical inspection of the stored7
vehicle, it shall be completed by a full-time Peace Officer Standards and Training8
(P.O.S.T.) certified law enforcement officer, who has been trained and certified by9
the Department of Public Safety and Corrections, office of state police, to inspect10
vehicles to be crushed or dismantled.11
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§1728.2. Procedure for disposal of junk vehicles13
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D. Each owner-operator who possesses a vehicle which meets the criteria set15
forth in Paragraph (C)(2) of this Section may make application for crushing of the16
vehicle at the expiration of thirty days or make application for dismantling of the17
vehicle at the expiration of thirty days from mailing of the notice, by certificate of18
mailing, notice. The application shall be made in a format authorized by the19
department on a form provided by the Department of Public Safety and Corrections,20
office of motor vehicles, upon satisfaction and submission of each of the following21
requirements:22
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F. Within seven business days following the crushing or dismantling of the24
vehicle, the licensed crusher or licensed dismantler shall execute a certification for25
each vehicle, on the form provided in a format authorized by the Department of26
Public Safety and Corrections, office of motor vehicles, and forward it to the office27
of motor vehicles, by certificate of mailing, providing the following information:28
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are additions.
G. The owner-operator shall maintain copies of the following records on all1
vehicles crushed or dismantled under the provisions of this Section:2
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(2) One appraisal showing the vehicle has a fair market value of five hundred4
dollars or less. The appraisal shall be based on the standard rough trade-in value of5
the vehicle as determined by the most recent National Automobile Dealers6
Association Guide.7
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(6) The original signed post office receipt of delivery, if the letter required9
to be sent by this Section has been delivered, or certificate of mailing for the notice10
sent to the stored vehicle's owner and the returned unopened envelope, if applicable,11
with the postal marking indicating attempt to deliver the letter required by this12
Section. If either of these items could not be furnished, other documented proof that13
the storage or parking facility owner sent notice to the stored vehicle owner shall be14
retained by the owner-operator. These records shall be open to inspection by any15
peace officer any time the business is open. All records required by this Section16
shall be maintained for a period of at least three years.17
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: