HLS 15RS-1026 ORIGINAL 2015 Regular Session HOUSE BILL NO. 445 BY REPRESENTATIVE MACK Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. MOTOR VEHICLES: Provides relative to entities authorized to provide services related to motor vehicles 1 AN ACT 2To amend and reenact R.S. 47:532.1(A)(1), (3)(a), (6), and (B), relative to public tag agents; 3 to provide relative to persons who may undertake duties of public tag agents; to 4 provide relative to bonds required to be executed by public tag agents; to provide 5 relative to qualifications for public tag applicants; to authorize public tag agents to 6 be designated as official office of motor vehicle field offices; and to provide for 7 related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 47:532.1(A)(1), (3)(a), (6), and (B) are hereby amended and 10reenacted to read as follows: 11 ยง532.1. Public license tag agents; auto title companies; rules and regulations; surety 12 bonds; fees 13 A.(1) The commissioner may establish a system of public license tag agents 14 to collect the registration license taxes authorized by this Chapter. The system shall 15 consist of municipal and parish governing authorities or new motor vehicle dealers 16 or their agents licensed pursuant to the provisions of R.S. 32:1254 and authorized 17 auto title companies pursuant to the provisions of R.S. 32:735 et seq. No persons, 18 natural or juridical, except those included in the system established pursuant to this 19 Section shall collect registration license taxes authorized by this Chapter. 20 * * * Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-1026 ORIGINAL HB NO. 445 1 (3) The commissioner shall promulgate rules and regulations to require all 2 public license tag agents other than municipal and parish governing authorities to 3 furnish security for the faithful performance of their duties as follows: 4 (a) Each public license tag agent other than a municipal governing authority 5 shall execute a good and sufficient surety bond with a surety company qualified to 6 do business in Louisiana as surety, in a sum of not less than ten thousand dollars nor 7 more than one hundred thousand dollars fifty thousand dollars should the public tag 8 agent have only one office in this state and in a sum of seventy-five thousand dollars 9 should the public tag agent have more than one office in this state, if surety bond is 10 available for purchase, which bond shall name the Department of Public Safety and 11 Corrections, office of motor vehicles as obligee and shall be subject to the condition 12 that, if such public license tag agent shall, throughout the entire term of the bond, 13 timely file with the office of motor vehicles all applications delivered to such public 14 tag agent for filing, and all fees and taxes collected by such public license tag agent, 15 the obligation shall be void. If the company does not do so, the obligation of the 16 surety shall remain in full force and effect. A public license tag agent having 17 multiple locations need furnish only a single ten thousand dollar surety bond in 18 addition to any other bonds required by law. 19 * * * 20 (6)(a) No elected state official or employee of the state shall be allowed to 21 become a public license tag agent. 22 (b) A person who has been found guilty of a violation of any rule or 23 regulation promulgated by the Department of Public Safety and Corrections, public 24 safety services, pertaining to the issuance of a motor vehicle title, registration, or 25 driver's license within the two-year period prior to the date of application shall not 26 be authorized to be a public tag agent. 27 (c) The Department of Public Safety and Corrections, public safety services, 28 shall revoke the license of a public tag agent for repeatedly violating any rule and 29 regulation promulgated pursuant to this Section. The Department of Public Safety Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-1026 ORIGINAL HB NO. 445 1 and Corrections, public safety services, shall promulgate rules and regulations 2 pursuant to the Administrative Procedure Act to implement the provisions of this 3 Subparagraph. 4 * * * 5 B.(1) The system of public license tag agents shall be in addition to the 6 offices of the commissioner delegated to collect the registration license taxes. 7 (2) The Department of Public Safety and Corrections, public safety services, 8 may designate any public tag agent as an official office of motor vehicles field office 9 authorized to perform services provided by the office of motor vehicles in the parish 10 in which the public tag agent is located, provided the public tag agent meets all 11 requirements of law and the rules and regulations promulgated by the Department 12 of Public Safety and Corrections, public safety services. 13 * * * 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)] HB 445 Original 2015 Regular Session Mack Abstract: Provides relative to requirements for public tag agents and public tag agent applicants. Present law authorizes the commissioner to establish a system of public license tag agents to collect the registration license taxes. Specifies that the system is to consist of municipal and parish governing authorities or new motor vehicle dealers or their agents as well as authorized auto title companies. Proposed law requires persons, natural or juridical, except those included in the system established pursuant to present law to collect registration license taxes. Present law requires each public license tag agent other than a municipal governing authority to execute a good and sufficient surety bond with a surety company qualified to do business in Louisiana as surety, in a sum of not less than $10,000 nor more than $100,000. Specifies that a public license tag agent with multiple locations only has to furnish a single $10,000 surety bond in addition to any other bonds required by law. Proposed law removes present law surety requirements and instead requires each public license tag agent other than a municipal governing authority to execute a good and sufficient surety bond with a surety company qualified to do business in Louisiana as surety, in a sum of $50,000 should the public tag agent have only one office in this state and in a sum of $75,000 should the public tag agent have more than one office in this state. Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-1026 ORIGINAL HB NO. 445 Proposed law prohibits a person who has been found guilty of violating any rule and regulation promulgated by the Dept. of Public Safety and Corrections, public safety services, (DPS&C) pertaining to the issuance of motor vehicle titles, registration, or driver's licenses within the two year period prior to the date of application from becoming a public tag agent. Proposed law requires the DPS&C to revoke the license of a public tag agent for repeatedly violating rules and regulations promulgated pursuant to this Section. Requires the DPS&C to promulgate rules and regulations pursuant to the Administrative Procedure Act to implement the provisions of proposed law. (Amends R.S. 47:532.1(A)(1), (3)(a), (6), and (B)) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.