HLS 15RS-1019 REENGROSSED
2015 Regular Session
HOUSE BILL NO. 533
BY REPRESENTATIVE PRICE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Provides relative to the regulation of used motor vehicles
1 AN ACT
2To amend and reenact R.S. 32:781(9), to enact R.S. 32:792(B)(17)(j), and to repeal R.S.
3 32:781(1) and 792(C), relative to the regulation of used motor vehicles; to provide
4 for definitions; to require a certification process for certain advertising; to eliminate
5 references to "brokers"; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:781(9) is hereby amended and reenacted and R.S.
832:792(B)(17)(j) is hereby enacted to read as follows:
9 §781. Definitions
10 As used in this Chapter:
11 * * *
12 (9) "Scrap metal processor" means any person, firm, or corporation entity
13 engaged in whole or in part in the business of obtaining and storing scrap metal, as
14 defined by R.S. 37:1962, whose origin may have included abandoned, wrecked, or
15 junked motor vehicles for scrap, shredding, or recycling as scrap metal.
16 * * *
17 §792. Denial, revocation, or suspension of license; grounds; unauthorized acts
18 * * *
19 B. The commission may revoke or suspend a license, issue a fine or penalty,
20 or enjoin a used motor vehicle dealer, dealer in used parts or used accessories of
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1019 REENGROSSED
HB NO. 533
1 motor vehicles, used motor vehicle auctioneer, or salesperson for any of the
2 following conduct:
3 * * *
4 (17) Use of false, misleading, or unsubstantiated advertising in connection
5 with his business. For the purpose of this Paragraph, false, misleading, or
6 unsubstantiated advertising in connection with the sale of a used motor vehicle shall
7 include but not be limited to the following:
8 * * *
9 (j) Use of the words "certified", "certification", or other similar terms
10 without having proof of a certification process approved by the commission.
11 * * *
12 Section 2. R.S. 32:781(1) and 792(C) are hereby repealed in their entirety.
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 533 Reengrossed 2015 Regular Session Price
Abstract: Provides for definitions and amends restrictions imposed on advertising relative
to the regulation of used motor vehicles.
Present law defines the term "scrap metal processor". Proposed law modifies the definition
by adding that any person or entity engaged in the business of storing scrap metal will also
be considered a "scrap metal processor". Proposed law also adds a statutory reference to the
definition of "scrap metal" within this definition of "scrap metal processor".
Present law authorizes the Louisiana Used Motor Vehicle Commission (commission) to
revoke or suspend a license, issue a fine or penalty, or enjoin a used motor vehicle dealer,
dealer of used parts or used accessories of motor vehicles, used motor vehicle auctioneer,
or salesperson for the use of false, misleading, or unsubstantiated advertising in connection
with his business. Present law includes a nonexclusive list enumerating examples of false,
misleading, or unsubstantiated advertising. Proposed law adds advertising that uses the
words "certified" or "certification" or other similar terms without having proof of a
certification process approved by the commission to the enumerated list of false, misleading,
or unsubstantiated advertising.
Present law defines "broker". Present law provides for circumstances in which the
commission may revoke or suspend a license, issue a fine or penalty, or enjoin a used motor
vehicle broker. Proposed law removes the definition of and all references to "broker".
(Amends R.S. 32:781(9); Adds R.S. 32:792(B)(17)(j); Repeals R.S. 32:781(1) and 792(C))
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are additions. HLS 15RS-1019 REENGROSSED
HB NO. 533
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
2. Restore present law provisions regarding the rent with option-to-purchase
program.
3. Clarify that it is considered false, misleading or unsubstantiated advertising to
use the terms "certified" or "certification" without having proof of a certification
process approved by the commission.
The House Floor Amendments to the engrossed bill:
1. Make a technical change.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.