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Regular Session, 2014
HOUSE BILL NO. 945
BY REPRESENTATIVE DOVE
MOTOR VEHICLES: Exempts certain persons who engage in the sale or lease of certain
trailers from certain definitions in the law pertaining to motor vehicle and similar
products dealership, sales, and lessor licensing
AN ACT1
To enact R.S. 32:1252(35)(b)(v), (36)(b)(v), 46(b)(vii), 65(b)(v) relative to motor vehicle2
leases and sales; to exempt certain persons from the definitions of "motor vehicle3
dealer", "motor vehicle lessor", "recreational products dealer", and "used motor4
vehicle dealer"; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:1252(35)(b)(v), (36)(b)(v), 46(b)(vii), 65(b)(v) are hereby7
enacted to read as follows: 8
ยง1252. Definitions9
The following words, terms, and phrases, when used in this Chapter, shall10
have the meanings respectively ascribed to them in this Section, except where the11
context clearly indicates a different meaning:12
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(35)14
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(b) The term "motor vehicle dealer" does not include any of the following:16
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(v) Persons who sell or offer to sell trailers with equipment attached thereto18
to a lessor at the end of a lease term and do not hold a bona fide franchise in effect19 HLS 14RS-1027 ORIGINAL
HB NO. 945
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with a manufacturer or distributor of new motor vehicles other except for trailers1
with equipment attached thereto.2
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(36)4
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(b) The term "motor vehicle lessor" does not include any of the following:6
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(v) Persons who sell or offer to sell trailers with equipment attached thereto8
to a lessor at the end of a lease term and do not engage in the lease or sale of any9
other motor vehicle, recreational product, except for trailers with equipment attached10
thereto, or specialty vehicle leasing or rental business.11
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(46) 13
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(b) "Recreational products dealer" shall not include any of the following:15
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(vii) Persons who sell or offer to sell trailers with equipment attached thereto17
to a lessor at the end of a lease term and do not for a commission or with intent to18
make a profit or gain of money or other thing of value, buy, sell, broker, exchange,19
offer, or attempt to negotiate a sale or exchange of an interest in any other20
recreational product except trailers with equipment attached thereto and who are not21
engaged wholly or in part in the business of buying and selling recreational products,22
except for trailers with equipment attached thereto, in the state of Louisiana.23
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(65)25
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(b) "Used motor vehicle dealer" shall not include any of the following:27
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(v) Persons who sell or offer to sell trailers with equipment attached thereto1
to a lessor at the end of a lease term and do not sell, or offer for sale, except for used2
trailers with equipment attached thereto, display, or advertise used motor vehicles,3
recreational products, or speciality vehicles.4
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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)]
Dove HB No. 945
Abstract: Exempts certain persons from the definitions of "motor vehicle dealer", "motor
vehicle lessor", "recreational products dealer".
Present law defines "motor vehicle dealer" as any person, not excluded by Subparagraph (b)
of this Paragraph who holds a bona fide franchise in effect with a manufacturer or distributor
of new motor vehicles, and a license by the La. Motor Vehicle Comm. or a subsidiary of any
such entity. Such duly franchised and licensed motor vehicle dealers are the sole and only
persons entitled to sell, publicly solicit, and advertise the sale of new motor vehicles as such
and provides for persons not included in the definition of the term.
Proposed law provides that persons who sell or offer to sell trailers with equipment attached
thereto to a lessor at the end of a lease term and do not hold a bona fide franchise in effect
with a manufacturer or distributor of new motor vehicles except for trailers with equipment
attached thereto not be included in the definition of "motor vehicle dealer" as defined in
present law .
Present law defines "motor vehicle lessor" as any person or the subsidiary of any entity
engaged in the motor vehicle, recreational products, or specialty vehicle leasing or rental
business and provides for persons not included in the definition of the term.
Proposed law provides that persons who sell or offer to sell trailers with equipment attached
thereto to a lessor at the end of a lease term and do not engage in the lease or sale of any
other motor vehicle, recreational product, except for trailers with equipment attached thereto,
or specialty vehicle leasing or rental business not be included in the definition of "motor
vehicle lessor" as defined in present law .
Present law defines "recreational products dealer" as any person who, for a commission or
with intent to make a profit or gain of money or other thing of value, buys, sells, brokers,
exchanges, auctions, offers, or attempts to negotiate a sale or exchange of an interest in
recreational products and who is engaged wholly or in part in the business of buying and
selling recreational products in La. and provides for persons not included in the definition
of the term.
Proposed law provides that persons who sell or offer to sell trailers with equipment attached
thereto to a lessor at the end of a lease term and do not for a commission or with intent to
make a profit or gain of money or other thing of value, buy, sell, broker, exchange, offer, or
attempt to negotiate a sale or exchange of an interest in any other recreational product except
trailers with equipment attached thereto and who are not engaged wholly or in part in the
business of buying and selling recreational products, except for trailers with equipment HLS 14RS-1027 ORIGINAL
HB NO. 945
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attached thereto, in La. not be included in the definition of "recreational products dealer"
as defined in present law.
Present law defines "used motor vehicle dealer" as any person, whose business is to sell, or
offer for sale, display, or advertise used motor vehicles, recreational products, or specialty
vehicles, or any person who holds a license from the La. Motor Vehicle Comm. and provides
for persons not included in the definition of the term.
Proposed law provides that persons who sell or offer to sell trailers with equipment attached
thereto to a lessor at the end of a lease term and do not sell, or offer for sale, except for used
trailers with equipment attached thereto, display, or advertise used motor vehicles,
recreational products, or specialty vehicles not be included in the definition of "recreational
products dealer" as defined in present law.
(Adds R.S. 32:1252(35)(b)(v), (36)(b)(v), 46(b)(vii), 65(b)(v))