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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, 2014
SENATE BILL NO. 318
BY SENATOR GARY SMITH
WARRANTIES. Provides relative to the performance of warranty repairs. (8/1/14)
AN ACT1
To amend and reenact R.S. 32:1261(A)(1)(t), relative to warranty repairs; to provide relative2
to unauthorized acts; to provide for exemptions; to provide for certain terms and3
conditions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:1261(A)(1)(t) is hereby amended and reenacted to read as6
follows:7
ยง1261. Unauthorized acts8
A. It shall be a violation of this Chapter:9
(1) For a manufacturer, a distributor, a wholesaler, distributor branch, factory10
branch, converter or officer, agent, or other representative thereof:11
* * *12
(t) To operate a satellite warranty and repair center, to authorize a person to13
perform warranty repairs who is not a motor vehicle dealer, or to authorize a motor14
vehicle dealer to operate a satellite warranty and repair center within the community15
or territory of a same-line or make motor vehicle dealer. This Subparagraph shall not16
apply to recreational any of the following:17 SB NO. 318
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(i) Recreational product manufacturers.1
(ii) Emergency service of a motor vehicle with a gross vehicle weight2
rating of twelve thousand pounds or more manufactured or sold by the3
manufacturer or distributor who is authorizing the warranty work to be4
performed.5
(iii) A fleet owner or governmental entity that is authorized to perform6
warranty repairs on a vehicle owned by the fleet owner or governmental entity,7
provided that such fleet owner or governmental entity receives written8
permission to perform the repairs from the motor vehicle dealer in whose9
community or territory the fleet or governmental entity is located.10
(iv) For the purposes of this Subparagraph, "fleet owner or11
governmental entity" shall mean a person or unit of government who owns or12
leases for its own use or a renting or leasing company who rents to a third party,13
ten or more motor vehicles with a gross vehicle weight rating of twelve thousand14
pounds or more manufactured or sold by the manufacturer or distributor who15
authorizes the warranty repairs to be performed. Warranty repairs that are16
subject to the provisions of this Subparagraph shall meet the same17
requirements for facilities and technician certification as are required for a18
franchise dealer.19
* * *20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Gary Smith (SB 318)
Present law provides that it is a violation of law for a manufacturer, a distributor, a
wholesaler, distributor branch, factory branch, converter or officer, agent, or other
representative thereof to operate a satellite warranty and repair center, to authorize a person
to perform warranty repairs who is not a motor vehicle dealer, or to authorize a motor
vehicle dealer to operate a satellite warranty and repair center within the community or
territory of a same-line or make motor vehicle dealer. Present law makes an exemption for
recreational product manufacturer.
Proposed law retains present law and adds two exemptions as follows:
(1)Emergency service of a motor vehicle with a gross vehicle weight rating of 12,000 SB NO. 318
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
lbs or more manufactured or sold by the manufacturer or distributor who is
authorizing the warranty work to be performed.
(2)A fleet owner or governmental entity that is authorized to perform warranty repairs
on a vehicle owned by the fleet owner or governmental entity provided such fleet
owner or governmental entity receives written permission to perform such repairs
from the motor vehicle dealer in whose community or territory the fleet owner or
governmental entity is located.
Proposed law defines "fleet owner or governmental entity" as a person or unit of government
who owns or leases for its own use or a renting or leasing company who rents to a third
party, 10 or more motor vehicles with a gross vehicle weight rating of 12,000 lbs or more
manufactured or sold by the manufacturer or distributor who authorizes the warranty repairs
to be performed.
Proposed law provides that warranty repairs that are subject to the provisions of law shall
meet the same requirements for facilities and technician certification as are required for a
franchise dealer.
Effective August 1, 2014.
(Amends R.S. 32:1261(A)(1)(t))