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are additions.
Regular Session, 2010
HOUSE BILL NO. 472
BY REPRESENTATIVE MONTOUCET
PUBLIC CONTRACT/BID S: Prohibits public entities from contracting with unlicensed
motor vehicle dealers
AN ACT1
To enact R.S. 38:2212.8 and Chapter 24 of Title 39 of the Louisiana Revised Statutes of2
1950, to be comprised of R.S. 39:2181 and 2182, relative to procurement; to prohibit3
public entities from contracting with motor vehicle dealers who do not possess a4
valid Louisiana motor vehicle dealer license; to require proof of certain motor5
vehicle dealers licenses; to provide for penalties; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 38:2212.8 is hereby enacted to read as follows: 8
§2212.8. Prohibition of bids from or contracts with unlicensed motor vehicle9
dealers; penalties10
A public entity shall not accept any bid from or enter into any contract or11
cooperative endeavor agreement, or any other transaction for the procurement of12
motor vehicles, with a motor vehicle dealer who does not possess a valid motor13
vehicle dealer's license issued under the provisions of R.S. 32:1254.14
(1) A public entity shall require that any bid submitted by, or a contract or15
cooperative endeavor agreement with, a motor vehicle dealer for the purchase of16
motor vehicles shall include a copy of a valid motor vehicle dealer's license issued17
under the provisions of R.S. 32:1254.18 HLS 10RS-1096 ENGROSSED
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(2) A public entity shall reject any bid submitted by a motor vehicle dealer1
for the purchase of motor vehicles which does not include a copy of a valid motor2
vehicle dealer license.3
(3) A public entity shall not sign a contract or cooperative endeavor4
agreement with a motor vehicle dealer for the purchase of motor vehicles which does5
not include a copy of a valid motor vehicle dealer license.6
(4) If in the course of an audit or review by the legislative auditor, pursuant7
to the powers and duties in R.S. 24:513, a violation of this Section is found, the8
legislative auditor shall report such findings to the Louisiana Motor Vehicle9
Commission.10
(5) If the Louisiana Motor Vehicle Commission determines that any motor11
vehicle dealer has violated any provision of this Section, it shall impose a fine on the12
motor vehicle dealer in an amount not to exceed one thousand dollars for each13
violation. 14
Section 2. Chapter 24 of Title 39 of the Louisiana Revised Statutes of 1950,15
comprised of R.S. 39:2181 and 2182, is hereby enacted to read as follows:16
CHAPTER 24. PROHIBITIONS IN PUBLIC GOVERNMENTAL17
CONTRACTS AND PROCUREMENT18
§2181. Applicability; definitions19
A. This Chapter shall apply to any contract or cooperative endeavor20
agreement that results from any bid or other award governed under Chapter 16 and21
Chapter 17 of this Title.22
B. For the purpose of this Chapter, "public entity" shall mean any agency,23
board, commission, department, or public corporation of the state, created by the24
constitution or statute or pursuant thereto, or any political subdivision of the state,25
including but not limited to any political subdivision as defined by Article VI,26
Section 44 of the Constitution of Louisiana, and any public housing authority, public27
school board, or any public officer whether or not an officer of a public corporation28
or political subdivision.29 HLS 10RS-1096 ENGROSSED
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§2182. Prohibition of bids from or contracts with unlicensed motor vehicle dealers;1
penalties2
A public entity shall not accept any bid from or enter into any contract or3
cooperative endeavor agreement, or any other transaction for the procurement of4
motor vehicles, with a motor vehicle dealer who does not possess a valid motor5
vehicle dealer's license issued under the provisions of R.S. 32:1254.6
(1) A public entity shall require that any bid submitted by, or a contract or7
cooperative endeavor agreement with, a motor vehicle dealer for the purchase of8
motor vehicles shall include a copy of a valid motor vehicle dealer's license issued9
under the provisions of R.S. 32:1254.10
(2) A public entity shall reject any bid submitted by a motor vehicle dealer11
for the purchase of motor vehicles which does not include a copy of a valid motor12
vehicle dealer's license.13
(3) A public entity shall not sign a contract or cooperative endeavor14
agreement with a motor vehicle dealer for the purchase of motor vehicles which does15
not include a copy of a valid motor vehicle dealer's license.16
(4) If in the course of an audit or review by the legislative auditor, pursuant17
to the powers and duties in R.S. 24:513, a violation of this Section is found, the18
legislative auditor shall report such findings to the Louisiana Motor Vehicle19
Commission.20
(5) If the Louisiana Motor Vehicle Commission determines that any motor21
vehicle dealer has violated any provision of this Section, it shall impose a fine on the22
motor vehicle dealer in an amount not to exceed one thousand dollars for each23
violation.24 HLS 10RS-1096 ENGROSSED
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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)]
Montoucet HB No. 472
Abstract: Prohibits unlicensed motor vehicle dealers from submitting a bid or contracting
with pubic entities and provides for a $1,000 fine on the motor vehicle dealer if the
provisions of the law are violated.
Proposed law requires any bid submitted by, or a contract or cooperative endeavor
agreement with, a motor vehicle dealer include a copy of a valid state motor vehicle dealer's
license. A public entity shall not contract with the motor vehicle dealer that does not possess
a valid state license.
Proposed law provides that if, in the course of an audit or review by the legislative auditor,
a violation of proposed law is found, the legislative auditor shall report such findings to the
La. Motor Vehicle Commission.
Proposed law requires the La. Motor Vehicle Commission to impose a fine on the motor
vehicle dealer, not to exceed $1,000 per violation.
Proposed law defines "public entity" as any agency, board, commission, department, or
public corporation of the state, created by the constitution or statute or pursuant thereto, or
any political subdivision of the state, including port commissions and districts, and any
public housing authority, public school board, or any public officer.
(Adds R.S. 38:2212.8 and R.S. 39:2181-2182)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
original bill.
1. Changed the entity which will be responsible for imposing fines from the Dept.
of Public Safety and Corrections, office of motor vehicles, to the La. Motor
Vehicle Commission.
2. Removed any penalty for the public entity.