Louisiana 2014 2014 Regular Session

Louisiana House Bill HB932 Engrossed / Bill

                    HLS 14RS-1076	REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 932
BY REPRESENTATIVE ST. GERMAIN
MOTOR VEHICLES: Provides for acts of donation of a motor vehicle without an authentic
act
AN ACT1
To amend and reenact R.S. 32:1253(E) and to enact R.S. 32:705.1, relative to donations of2
motor vehicles; to provide for donations of motor vehicles by an act under private3
signature duly acknowledged; to prohibit the motor vehicle commission from4
implementing or enforcing a rule to limit or prohibit a dealer from making certain5
charitable donations; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:1253(E) is hereby amended and reenacted and R.S. 32:705.1 is8
hereby enacted to read as follows:9
§705.1.  Acts of Donation; titled motor vehicles10
A donation of a titled movable by manual gift as provided by Civil Code11
Article 1543 and documented accordingly by written act of the donor and donee duly12
acknowledged in any manner provided by law, may be submitted to the office of13
motor vehicles in connection with a motor vehicle transaction by a Louisiana Motor14
Vehicle Commission licensee. The office of motor vehicles shall promulgate rules15
and regulations for implementation of the provisions of this Section.16
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§1253. Motor Vehicle Commission; appointment and qualifications of members;18
terms of office; organization; oath; official bond; compensation; powers and19
duties20
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HB NO. 932
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
E. The commission is hereby vested with the powers and duties necessary1
and proper to enable it to fully and effectively carry out the provisions and objects2
of this Chapter, and is hereby authorized and empowered to make and enforce all3
reasonable rules and regulations and to adopt and prescribe all forms necessary to4
accomplish said purpose, and the enumeration of any power or authority herein shall5
not be construed to deny, impair, disparage, or limit any others necessary to the6
attainment thereof, provided that no rule shall limit or prohibit a dealer from making7
a charitable donation when the donation is not associated with the sale or lease of a8
vehicle.  A copy of all rules and regulations adopted by the commission shall be9
published in the Louisiana Administrative Code, as they may be amended, modified,10
or repealed from time to time.11
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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)]
St. Germain	HB No. 932
Abstract: Authorizes donations of motor vehicles to be executed by an act under private
signature duly acknowledged.
Proposed law provides that a donation of a titled movable by manual gift as provided by
present law and documented by written act of the donor and donee duly acknowledged may
be submitted to the office of motor vehicles in connection with a motor vehicle transaction
by a La. Motor Vehicle Commission licensee.
Present law provides that the Motor Vehicle Commission is vested with the powers and
duties necessary to enable it to carry out the provisions of present law, and the commission
is authorized to make and enforce all reasonable rules and regulations to accomplish said
purpose, and the enumeration of any power or authority herein shall not be construed to
deny, impair, disparage, or limit any others necessary to the attainment thereof.
Proposed law adds a clarification to present law that specifies that the commission shall not
make and enforce rules and regulations that limit or prohibit a dealer from making a
charitable donation when the donation is not associated with the sale or lease of a vehicle.
(Amends R.S. 32:1253(E); Adds R.S. 32:705.1) HLS 14RS-1076	REENGROSSED
HB NO. 932
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Deleted a provision that authorized the transfer of a titled vehicle by an act under
private signature duly acknowledged, in lieu of an authentic act.
2. Added a provision that specifies that a donation of a titled movable by manual
gift and documented by a written act of the donor and donee duly acknowledged
may be submitted to the office of motor vehicles in connection with a motor
vehicle transaction by a La. Motor Vehicle Commission licensee.
House Floor Amendments to the engrossed bill.
1. Made a technical change.
2. Added a provision that prohibits the Motor Vehicle Commission from limiting
or prohibiting a dealer from making a charitable donation when the donation is
not associated with the sale or lease of a motor vehicle.