Louisiana 2015 2015 Regular Session

Louisiana House Bill HB533 Comm Sub / Analysis

                    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 Engrossed	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)) 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.