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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013 ENROLLED
SENATE BILL NO. 23
BY SENATOR PEACOCK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 32:1252(7) and 1270.10(A) and (B), relative to motorcycles and2
all-terrain vehicles; to provide for the area of responsibility for motorcycles and all-3
terrain vehicles; to notify certain existing motorcycle and all-terrain dealerships of4
any proposed new motorcycle or all-terrain vehicle dealerships or the relocation of5
a dealership; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:1252(7) and 1270.10(A) and (B) are hereby amended and8
reenacted to read as follows:9
§1252. Definitions10
The following words, terms, and phrases, when used in this Chapter, shall11
have the meanings respectively ascribed to them in this Section, except where the12
context clearly indicates a different meaning:13
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(7) "Community or territory" or "area of responsibility" shall mean the15
licensee's area of principal sales and service responsibility as specified by the16
franchise in effect with any licensee of the commission.17
(a) The area of responsibility of a licensee shall not be comprised of an area18
less than the applicable area provided for in Subparagraphs Subparagraph (b) and19
(c) of this Paragraph, unless approved by the commission pursuant to the provisions20
of this Chapter, or if, on August 15, 2001, such dealer had an effective contractual21
agreement for a smaller area of responsibility.22
ACT No. 53 SB NO. 23 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) A marine dealer's area of responsibility shall mean the marine dealer's1
area of principal sales and service responsibility as specified by the contract,2
franchise, or selling agreement in effect with the manufacturer or distributor. The3
marine manufacturer or distributor shall designate and provide to the commission in4
writing the marine dealer's area of responsibility when the contract is granted or,5
should there be contracts in existence on August 15, 2004, without such designation,6
the commission shall require the manufacturer or distributor to designate the area of7
responsibility. The manufacturer or distributor shall adopt uniform procedures to8
establish the area of responsibility that is assigned to a marine dealer. The uniform9
procedures shall include market research information from identified credible10
industry sources that project product sales of the brand of marine product for which11
the contract or franchise agreement is granted. In the absence of such designation by12
the manufacturer or distributor, or in the event that the area of responsibility13
designated by the manufacturer or distributor is rejected by the commission and such14
decision by the commission is affirmed on appeal, the marine dealer's area of15
responsibility shall mean either of the following:16
(i) The area within a fifteen-mile radius of the dealership if the dealership is17
located in a parish containing a population of three hundred thousand persons or18
more.19
(ii) The area within a thirty-mile radius of the dealership if the dealership is20
located in a parish containing a population of less than three hundred thousand21
persons.22
(c) A motorcycle or all-terrain vehicle dealer's area of responsibility shall23
mean the area within at least a thirty-mile radius of the location of his dealership.24
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§1270.10. Establishment of new motorcycle or all-terrain vehicle dealerships or26
relocations; protests; procedure27
A. Whenever the commission receives an application for a recreational28
products dealer's license which would add a new motorcycle or all-terrain vehicle29
dealership, it shall first notify the existing licensed motorcycle or all-terrain vehicle30 SB NO. 23 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
dealership or dealerships selling the same-line makes, models, or classifications if1
the new dealership's proposed location is within the existing dealer's area of2
responsibility within a thirty-mile radius of the proposed dealership, and such3
dealer or dealers .Any same-line makes, models, or classifications dealership whose4
area of responsibility includes the location of the proposed new motorcycle or all-5
terrain vehicle dealership may object to the granting of the license.6
B. Whenever the commission receives an application for a recreation7
products dealer's license which would relocate an existing motorcycle or all-terrain8
vehicle dealership, it shall first notify any existing licensed motorcycle or all-terrain9
vehicle dealership selling the same-line makes, models, or classifications if the10
dealership's proposed new location is within the existing dealer's area of11
responsibility within a thirty-mile radius of the proposed relocation address of12
a dealership. Any existing same-line makes, models, or classifications dealership13
shall have the right to object to the granting of the license only if the proposed14
relocation is within a radius of seven miles of its facility. However, without regard15
to distance, whenever the commission receives an application for the relocation of16
a motorcycle or all-terrain vehicle dealership which would add an additional17
franchise to an existing same-line makes, models, or classifications dealership's area18
of responsibility, the affected motorcycle or all-terrain vehicle dealership shall have19
the right to object.20
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: