SLS 15RS-521 ORIGINAL
2015 Regular Session
SENATE BILL NO. 243
BY SENATOR JOHN SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WARRANTIES. Provides relative to warranty repairs of motor vehicles. (8/1/15)
1 AN ACT
2 To amend and reenact R.S. 32:1261(A)(1)(t), relative to warranty repairs; to provide for the
3 operation of satellite warranty and repair centers; to provide for unauthorized acts;
4 to provide for exceptions; to provide certain terms and conditions; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:1261(A)(1)(t) is hereby amended and reenacted to read as
8 follows:
9 ยง1261. Unauthorized acts
10 A. It shall be a violation of this Chapter:
11 (1) For a manufacturer, a distributor, a wholesaler, distributor branch, factory
12 branch, converter or officer, agent, or other representative thereof:
13 * * *
14 (t)(i) To operate a satellite warranty and repair center, to authorize a person
15 to perform warranty repairs, including emergency repairs, who is not a motor
16 vehicle dealer, fleet owner, or an emergency services company or emergency
17 services related company, or to authorize a motor vehicle dealer to operate a
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 243
SLS 15RS-521 ORIGINAL
1 satellite warranty and repair center within the community or territory of a same-line
2 or make motor vehicle dealer. This Subparagraph shall not apply to recreational
3 product manufacturers. For the purposes of this Subparagraph, "fleet owner"
4 means a person, including a governmental entity, who is approved and
5 authorized by a manufacturer to perform warranty repairs and owns or leases
6 vehicles for its own use or a renting or leasing company that rents or leases
7 vehicles to a third party.
8 (ii) The manufacturer may authorize a fleet owner to perform warranty
9 repairs if the manufacturer determines that the fleet owner has the same basic
10 level of requirements for special tools, technician certification, and training that
11 are required of a franchise dealer, but only those as determined by the
12 manufacturer, in its sole discretion, that are necessary to perform the specified
13 limited type of warranty repairs on the makes and models of motor vehicles for
14 which the fleet owner is authorized to perform warranty repairs.
15 (iii) A manufacturer that authorizes a fleet owner to perform warranty
16 repairs shall give notification of the authorization to the dealer located in the
17 same area of responsibility where the fleet owner intends to perform the
18 authorized warranty repairs.
19 (iv) The commission has no direct authority over a fleet owner or an
20 emergency services company or emergency services related company with
21 respect to the requirements of this Subparagraph.
22 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 243 Original 2015 Regular Session John Smith
Present law provides that it shall be a violation of law 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. The provisions of present law do not
apply to recreational product manufacturers.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 243
SLS 15RS-521 ORIGINAL
Proposed law provides that a manufacturer can authorize a fleet owner and an emergency
services company or emergency services related company to perform warranty repairs,
including emergency repairs.
Proposed law defines a "fleet owner" as a person, including a governmental entity, who is
approved and authorized by a manufacturer to perform warranty repairs and owns or leases
vehicles for its own use or a renting or leasing company that rents or leases vehicles to a
third party.
Proposed law provides that the manufacturer may authorize a fleet owner to perform
warranty repairs if the manufacturer determines that the fleet owner has the same basic level
of requirements for special tools, technician certification, and training that are required of
a franchise dealer, but only those as determined by the manufacturer, in its sole discretion,
that are necessary to perform the specified limited type of warranty repairs on the makes and
models of motor vehicles for which the fleet owner is authorized to perform warranty
repairs.
Proposed law provides that a manufacturer that authorizes a fleet owner to perform warranty
repairs shall give notification of the authorization to the dealer located in the same area of
responsibility where the fleet owner intends to perform the authorized warranty repairs.
Proposed law provides that the La. Motor Vehicle Commission has no direct authority over
a fleet owner or an emergency services company or emergency services related company
with respect to the requirements of proposed law.
Effective August 1, 2015
(Amends R.S. 32:1261(A)(1)(t))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.