Louisiana 2014 2014 Regular Session

Louisiana House Bill HB893 Comm Sub / Analysis

                    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)]
Schexnayder	HB No. 893
Abstract: Removes the requirement that an officer be full-time in order to conduct physical
inspections of vehicles.
Present law (R.S. 32:706.2) provides that any physical inspection of a vehicle for the purpose of
vehicle identification number verification shall be by a full-time peace officer. 
Proposed law provides that any physical inspection of a vehicle for the purpose of vehicle
identification number verification shall be by a P.O.S.T. certified law enforcement officer,
whether he is full-time or not.
Present law (R.S. 32:707.5) provides that prior to applying for a title or registration from the
Dept. of Public Safety and Corrections and the assembler shall obtain a physical inspection of the
assembled vehicle by a full-time P.O.S.T. certified law enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be full-
time.
Present law (R.S. 32:1728) provides that prior to the issuance of the permit to sell or permit to
dismantle, the storage or parking facility owner shall provide the department with an affidavit of
physical inspection of the stored vehicle if required by the department, and the affidavit shall be
completed by a full-time P.O.S.T. certified law enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be full-
time.
Present law (R.S. 32:1728.2) provides that an owner-operator who possesses a vehicle that meets
the criteria may make application for crushing the vehicle or dismantling the vehicle. Requires
the application satisfy certain requirements, including that the owner-operator has the vehicle
physically inspected by a full-time P.O.S.T. certified law enforcement officer. Also requires the
owner-operator maintain a copy of the complete physical inspection form as prepared by a full-
time P.O.S.T. certified law enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be full-
time.
Present law (R.S. 32:1728.3) provides that each owner-operator who possesses a vehicle that meets the criteria may crush or dismantle the vehicle provided the owner-operator has the vehicle
physically inspected by a full-time P.O.S.T. certified law enforcement officer. Provides that the
owner-operator maintain a copy of a completed physical inspection form as prepared by a full-
time P.O.S.T. certified law enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be full-
time.
Present law (R.S. 32:1728.4) provides that prior to the issuance of the permit to sell or permit to
dismantle the stored vehicle, the storage or parking facility owner shall provide the department
with an affidavit of physical inspection completed by a full-time P.O.S.T. certified law
enforcement officer.
Proposed law removes the requirement that a P.O.S.T. certified law enforcement officer be full-
time but specifies that such officer be trained and certified by the Dept. of Public Safety and
Corrections, office of state police, to inspect vehicles.
(Amends R.S. 32:706.2(A)(1), 707.5(D)(1), 1728(D)(6), 1728.2(D)(2) and (G)(1),
1728.3(D)(1)(b) and (F)(1)(a), and 1728.4(C)(5))