Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB605 Engrossed / Bill

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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. 605
BY SENATOR MARTINY 
COMMERCIAL REGULATIONS. Provides relative to the Louisiana Motor Commission.
(8/1/14)
AN ACT1
To amend and reenact R.S. 32:1261(A)(1)(m) and 1270.20(1)(m) and to repeal R.S.2
32:1270.1(1)(j) and 1270.11(1)(i), relative to the Louisiana Motor Vehicle3
Commission; to provide relative to unauthorized acts of a manufacturer, a distributor,4
a wholesaler, distributor branch, or factory branch of motor vehicles, marine5
products, motorcycles and all-terrain vehicles, and recreational vehicles or any6
officer, agent or representative thereof; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 32:1261(A)(1)(m) and 1270.20(1)(m) are hereby amended and reenacted to9
read as follows:10
§1261. Unauthorized acts11
A. It shall be a violation of this Chapter:12
(1) For a manufacturer, a distributor, a wholesaler, distributor branch, factory13
branch, converter or officer, agent, or other representative thereof:14
*          *          *15
(m) To fail to compensate its dealers for the work and services they are16
required to perform in connection with the dealer's delivery and preparation17 SB NO. 605
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
obligations according to the terms of compensation that shall be filed with the1
commission on or before October first of each year. The commission shall find the2
compensation to be reasonable or the manufacturer shall remedy any deficiencies.3
*          *          *4
§1270.20. Unauthorized acts; recreational vehicles5
It shall be a violation of this Chapter:6
(1) For a manufacturer, a distributor, a wholesaler, factory branch, or officer,7
agent, or other representative thereof:8
*          *          *9
(m) To fail to compensate its recreational vehicle dealers for the work and10
services they are required to perform in connection with the recreational vehicle11
dealer's delivery and preparation obligations according to the terms of compensation12
that shall be filed with the commission on or before October first of each year. The13
commission shall find the compensation to be reasonable or the manufacturer shall14
remedy any deficiencies.15
*          *          *16
Section 2.  R.S. 32:1270.1(1)(j) and 1270.11(1)(i) are hereby repealed.17
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Martiny (SB 605)
Present law provides for the regulations of new cars, marine products, motorcycles and all-
terrain vehicles and recreational vehicles by the La. Motor Vehicle Commission
(commission).
Present law provides that it is a violation for a manufacturer, a distributor, a wholesaler,
distributor branch, or facility branch of new cars, marine products, motorcycles and all-
terrain vehicles, recreational vehicles or any officer, agent, or representative thereof to fail
to compensate its dealers for the work and services that are required to be performed in
connection with the dealer's delivery and preparation of obligations according to the terms
of compensation that shall be filed with the commission on or before October first of each
year.  The commission shall find the compensation to be reasonable or the manufacturer
shall remedy any deficiencies.
Proposed law repeals present law as it relates to marine products and motorcycles and all-
terrain vehicles. SB NO. 605
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law, as it relates to new cars and recreational vehicles, revises the filing
requirement with the commission. 
Effective August 1, 2014.
(Amends R.S. 32:1261(A)(1)(m) and 1270.20(1)(m); repeals R.S. 32:1270.1(1)(j) and
1127.11(1)(i))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Adds language relative to new cars and motorcycles and all-terrain vehicles.
Senate Floor Amendments to engrossed bill
1. Adds recreational vehicles to the revision of the filing requirement.