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Regular Session, 2012 ENROLLED
SENATE BILL NO. 751 (Substitute of Senate Bill No. 335 by Senator Morrish)
BY SENATORS MORRISH AND PEACOCK
AN ACT1
To amend and reenact R.S. 32:1253(A)(2) and 1256, to enact R.S. 32:1256.1 and 1256.2,2
and to repeal Chapter 15, Subpart 1, Part V of Title 46 of the Louisiana3
Administrative Code, comprised of Sections 1501 through 1515, relative to the4
Louisiana Motor Vehicle Commission; to provide relative to recreational product5
shows; to provide relative to membership of the commission; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 32:1253(A)(2) and 1256 are hereby amended and reenacted and R.S.9
32:1256.1 and 1256.2 are hereby enacted to read as follows: 10
§1253. Motor Vehicle Commission; appointment and qualifications of members;11
terms of office; organization; oath; official bond; compensation;12
powers and duties13
A. The Louisiana Motor Vehicle Commission is hereby created within the14
office of the governor and shall be composed of eighteen members appointed by the15
governor, as follows:16
* * *17
(2) Each of the commissioners appointed under the provisions of Paragraph18
(1) of this Subsection shall have been an actively engaged licensee of the19
commission or its previous Louisiana licensing commission for not less than five20
consecutive years prior to such appointment, and be a holder of such a license at all21
times while a member of the commission. Being engaged in more than one such22
pursuit shall not disqualify a person otherwise qualified from serving on the23
commission. Of these members, one member shall be primarily engaged in the24
business of lease or rental, one member shall be primarily engaged in the business25
of heavy truck sales, three members shall be primarily engaged in the business of26
recreational products, one member shall be primarily engaged in the business of27
ACT No. 855 SB NO. 751 ENROLLED
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marine product sales, one member shall be primarily engaged in the business1
of motorcycle sales, one member shall be primarily engaged in the business of2
recreational vehicle sales, and one member shall be primarily engaged in the3
business of sales finance.4
* * *5
§1256. Auto shows6
The commission may authorize or prohibit motor vehicle or recreational7
products sales and shows at off-site locations. The commission may, in its discretion,8
allow such sales and shows in accordance with the rules and regulations adopted by9
the commission in accordance with the Administrative Procedure Act.10
§1256.1. Regional recreational products shows11
A.(1) Shows where recreational products are displayed and promoted12
for sale are hereby authorized as provided for in this Section, except that no13
final sale and delivery of a recreational product shall occur at such show except14
by licensed Louisiana dealers whose areas of responsibility for the brand of15
recreational products they represent include the location of the show.16
(2) When used in this Section, the following words and phrases have the17
meanings ascribed to them in this Paragraph:18
(a) "Nonresident" or "non-Louisiana" means a dealer, distributor, or19
manufacturer who holds a current license in another state.20
(b) "Producer" means a person who alone or with others assumes the21
financial responsibility of a recreational product show at which recreational22
products are displayed by dealers, manufacturers, or distributors. A producer23
shall be licensed as a promoter pursuant to R.S. 32:1254.24
(c) "Product line" means a specific series of recreational vehicle products25
that are identified by a common series trade name or trademark and for which26
the manufacturer or dealer agreement authorizes a dealer to sell.27
(d) "Rally" means an event not opened to the general public held and28
organized by recreational product clubs of specific products owners or29
manufacturers of specific products where owners of such products are members30 SB NO. 751 ENROLLED
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of the club and are invited to participate in the event.1
(e) "Regional recreational product show" or "show" means a controlled2
event at which a producer charges or barters for booth space or charges3
spectator entrance, or both, and where three or more recreational product4
dealers, distributors, or manufacturers exhibit recreational products. It does5
not include a rally or a national recreational product show as defined in R.S.6
32:1256.2.7
B. Participation in regional recreational product shows is limited to8
recreational products dealers, distributors, or manufacturers who are licensed9
in Louisiana pursuant to this Chapter, except as provided in Subsections C and10
D of this Section.11
C. Nonresident recreational products dealers, distributors, or12
manufacturers who hold a current equivalent license in another state may13
participate in a regional recreational products show in Louisiana, provided all14
of the following criteria are satisfied:15
(1) Louisiana recreational products dealers, whose area of responsibility16
for the brands they represent includes the location of the show, have been given17
first option on space at the show.18
(2) Louisiana recreational products dealers, whose area of responsibility19
does not include the location of the show, have been given second option on20
space at the show, provided that the dealers shall not show the same brand of21
recreational product as shown by a participating Louisiana recreational22
products dealer whose area of responsibility includes the location of the show.23
(3) Non-Louisiana recreational products dealers, distributors, and24
manufacturers shall not show the same brand of recreational products as shown25
by participating Louisiana recreational products dealers.26
(4) Non-Louisiana recreational products dealers, distributors, and27
manufacturers shall register their participation with the commission not later28
than ten business days prior to the date of the show. To register, each non-29
Louisiana recreational products dealer, distributor, and manufacturer shall30 SB NO. 751 ENROLLED
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submit its name, address, a copy of its current equivalent license from the state1
of its domicile, and a fee of two hundred fifty dollars to the commission.2
(5) Non-Louisiana recreational products dealers, distributors, and3
manufacturers shall disclose to show attendees the location of where warranty4
repairs would be made for products it has on display at the show.5
D. Notwithstanding any provision of law to the contrary, no recreational6
vehicle dealer, distributor or manufacturer shall participate in any regional7
recreational product show where its product line of recreational vehicles is8
represented by a dealer whose area of responsibility includes the location of the9
show, whether or not that dealer participates in the show.10
E. The provisions of this Section shall not apply to a rally held in this11
state.12
F. The commission may adopt rules and regulations consistent with the13
provisions of this Section in accordance with the Administrative Procedure Act.14
§1256.2. National recreational product shows15
A. National recreational product shows are hereby authorized as16
provided for in this Section.17
B. When used in this Section, the following words and phrases have the18
meaning ascribed to them in this Paragraph:19
(1) "National recreational product show" or "show" means a controlled20
event promoted by an organizer who seeks sponsorships from distributors or21
manufacturers of recreational products where their products are shown. A22
national recreational product show requires all of the following:23
(a) The participation of at least three or more sponsors.24
(b) A duration of no longer than ten days.25
(c) A non-selling show with no execution of sales contracts, credit26
applications, taking of security deposits, or delivery of any recreational product.27
(2) "Non-Louisiana" means a distributor or manufacturer who holds a28
current license as a distributor or manufacturer in another state.29
(3) "Organizer" means any person, alone or with others, whose principal30 SB NO. 751 ENROLLED
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business activity is the promotion of shows. An organizer shall be licensed as a1
promoter pursuant to R.S. 32:1254.2
(4) "Product specialist" means any person selected by the sponsor to3
assist in the sponsor's participation in a show.4
(5) "Sponsor" means a distributor or manufacturer who pays cash or an5
in-kind fee to an organizer in return for access to the commercial potential6
associated with a show.7
C. The presence of product specialists, business cards, brochures, pricing8
sheets and other points of sales devices to answer consumer questions are not9
prohibited at a national recreational product show.10
D.(1) An organizer shall obtain a license from the commission on an11
application prescribed by and with the information required by the commission.12
(2) The application shall be submitted to the commission not less than13
sixty days prior to the opening of the show.14
(3) A license fee of five hundred dollars shall be included with the15
application.16
E. Participation in a national recreational product show is limited to17
distributors or manufacturers who are licensed in Louisiana pursuant to this18
Chapter, except as provided in Subsection F of this Section.19
F. In order to participate in a national recreational product show in20
Louisiana, non-Louisiana recreational products distributors and manufacturers21
shall register their participation with the commission not later than ten business22
days prior to the date of the show. To register, each non-Louisiana recreational23
product distributor or manufacturer shall submit its name, address, a copy of24
its current equivalent license from the state of its domicile, and a fee of two25
hundred fifty dollars to the commission.26
G. The commission may adopt rules and regulations consistent with the27
provisions of this Section in accordance with the Administrative Procedure Act.28
Section 2. Chapter 15, Subpart 1, Part V of Title 46 of the Louisiana Administrative29
Code, entitled "Recreational Product Shows" and comprised of Sections 1501 through 1515,30 SB NO. 751 ENROLLED
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are hereby repealed as of the effective date of this Act.1
Section 3. This Act shall become effective on July 1, 2012; if vetoed by the governor2
and subsequently approved by the legislature, this Act shall become effective on July 1,3
2012, or on the day following such approval by the legislature, whichever is later.4
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: