Louisiana 2013 Regular Session

Louisiana Senate Bill SB98 Latest Draft

Bill / Engrossed Version

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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
SENATE BILL NO. 98
BY SENATOR NEVERS 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES. Requires that over-the-counter applications for motor vehicle
certificates of title be made only to a public license tag agent. (1/1/14)
AN ACT1
To amend and reenact R.S. 47:532.1(A)(2)(a) and to enact R.S. 47:532.2, relative to public2
license tag agents; to require application for motor vehicle certificates of title to be3
made to a qualified public license tag agent except by mail; to provide qualifications4
for licensing certain public license tag agents; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 47:532.1(A)(2)(a) is hereby amended and reenacted and R.S.7
47:532.2 is hereby enacted to read as follows:8
§532.1. Public license tag agents; auto title companies; rules and regulations; surety9
bonds; fees10
A.(1) *          *          *11
(2)(a) The commissioner shall make and publish rules and regulations for the12
application for motor vehicle certificates of title with, the issuance of the13
registration licenses, and for the collection of the registration license taxes by public14
license tag agents, and for the implementation and governing of a system of such15
public license tag agents.16
*          *          *17 SB NO. 98
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§532.2. Public license tag agents; application for motor vehicle certificates of1
title; licensing2
A. Notwithstanding any other law to the contrary, beginning January 1,3
2014, any application for a motor vehicle certificate of title made in person over-4
the-counter shall only be made to a public license tag agent licensed by and5
contracted with the office of motor vehicles. This Section shall not apply when6
the application is made by mail to the Department of Public Safety and7
Corrections, office of motor vehicles or when the application is dropped off at8
an office of motor vehicles field office for later processing.9
B. In addition to complying with the provisions of R.S. 47:532.1 and10
Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950, an auto title11
company shall satisfy the following qualifications in order to be licensed as a12
public license tag agent for the purposes of this Section:13
(1) It shall be in good standing with the office of motor vehicles.14
(2) It shall not have had any contract with the office of motor vehicles15
suspended, revoked, cancelled, or restricted for any cause listed in R.S. 32:737.16
(3) It shall comply with standard policies of the office of motor vehicles17
applicable to funds management, payment, submission, and transfer.18
(4) It shall satisfactorily pass a background check.19
(5) It shall have satisfactory experience with all audits required by the20
office of motor vehicles.21
(6) It shall comply with any additional requirements as promulgated by22
the commissioner of the office of motor vehicles pursuant to the Administrative23
Procedure Act.24
Section 2. This Act shall become effective on January 1, 2014.25 SB NO. 98
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Nevers (SB 98)
Present law requires the commissioner of office of motor vehicles (OMV) to promulgate
rules and regulations for issuance of registration licenses, collection of registration license
taxes, and to implement and govern a system of public license tag agents.
Present law authorizes public license tag agents to receive and process applications for
certificates of title and authorizes public license tag agents to charge a convenience fee not
to exceed $18. 
Proposed law provides that any over-the-counter application for a motor vehicle certificate
of title shall be made only to a public license tag agent beginning January 1, 2014, except
when such application is made by mail to OMV or "dropped off" at an OMV field office for
later processing.
Proposed law requires the commissioner to promulgate rules and regulations for applications
for motor vehicle certificates of title with public license tag agents.
Proposed law requires that an auto title company satisfy the following qualifications to be
licensed as a public license tag agent in addition to those set forth in R.S. 47:532.1 and
Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950 for the purposes of this
Section:
(1)Be in good standing with OMV.
(2)Have had no contract with the OMV suspended, revoked, cancelled, or restricted for
any cause listed in R.S. 32:737.
(3)Be in compliance with standard policies of OMV applicable to funds management,
payment, submission, and transfer.
(4)Satisfactorily pass a background check.
(5)Have satisfactory experience with all audits required by OMV.
(6)Be in compliance with any additional requirements promulgated by the
commissioner of OMV pursuant to the Administrative Procedure Act.
Effective January 1, 2014.
(Amends R.S. 47:532.1(A)(2)(a); adds R.S. 47:532.2)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Clarifies that a public license tag agent has authority to receive an application
for a motor vehicle certificate of title, instead of to issue such certificate.
2. Adds that an application for a certificate of title may be "dropped off" at an
OMV field office for later processing. SB NO. 98
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3. Deletes licensing requirement that an auto title company must have been
qualified to do and doing business in Louisiana for not less than twelve
months prior to applying for a license as a public license tag agent under the
provisions of proposed law.