HLS 15RS-692 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 478
BY REPRESENTATIVES MIGUEZ AND STUART BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/REPAIRS: Provides relative to warranty repairs
1 AN ACT
2To amend and reenact R.S. 32:1261(A)(1)(t), relative to warranty repairs; to provide relative
3 to unauthorized acts; to provide for exemptions; to provide for certain terms and
4 conditions; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 32:1261(A)(1)(t) is hereby amended and reenacted to read as
7follows:
8 ยง1261. Unauthorized acts
9 A. It shall be a violation of this Chapter:
10 (1) For a manufacturer, a distributor, a wholesaler, distributor branch, factory
11 branch, converter or officer, agent, or other representative thereof:
12 * * *
13 (t) To operate a satellite warranty and repair center, to authorize a person to
14 perform warranty repairs who is not a motor vehicle dealer, or to authorize a motor
15 vehicle dealer to operate a satellite warranty and repair center within the community
16 or territory of a same-line or make motor vehicle dealer. This Subparagraph shall
17 not apply to recreational product manufacturers any of the following:
18 (i) Recreational product manufacturers.
19 (ii) Emergency service of a vehicle.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-692 ORIGINAL
HB NO. 478
1 (iii) A fleet owner or governmental entity that is authorized to perform
2 warranty repairs on any of the following motor vehicles owned, leased, or
3 maintained by the fleet owner or governmental entity:
4 (aa) Those with a gross vehicle weight rating of twelve thousand pounds or
5 more.
6 (bb) Those designed for the movement of property, freight, or goods in
7 intrastate or interstate commerce.
8 (cc) Those designed for use in utility installation, maintenance, and repair.
9 * * *
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 478 Original 2015 Regular Session Miguez
Abstract: Provides a list of exemptions relative to restrictions on warranty repairs.
Present law provides that it shall be a violation 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 exempts recreational
product manufacturers from this restriction imposed by present law.
Proposed law enumerates a list of exemptions relative to this restriction imposed by present
law. Proposed law includes recreational product manufacturers, emergency service of a
vehicle, and fleet owners or governmental entities that are authorized to perform warranty
repairs on motor vehicles that they own, lease, or maintain themselves in the enumerated list
of exemptions. Proposed law limits the exemption as to fleet owners or governmental
entities by requiring the motor vehicles they own, lease, or maintain to have a gross vehicle
weight rating of at least 12,000 pounds, to be designed for use in intrastate or interstate
commerce for the movement of property, freight, or goods, or to be designed for use in
utility installation, maintenance, and repair.
(Amends R.S. 32:1261(A)(1)(t))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.