The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 243 Engrossed 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.
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 defines "emergency services company or emergency services related company" as a
person who operates any vehicle designated and authorized to respond to an emergency. An
emergency vehicle includes but is not limited to police and security vehicles, fire and rescue
vehicles, medical vehicles, and civil emergency vehicles, including public utility crews dealing with
gas, electricity, or water or to repair defective equipment on a scene.
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 exempts manufacturers who authorize fleet owners whose commercial vehicles are
used for the movement of property, freight, or goods in intrastate or interstate commerce from the
requirements in proposed law relative to requisite tools, certifications, training, and notification.
Proposed law provides that the La. Motor Vehicle Commission ("commission") has no authority over
a fleet owner or an emergency services company or emergency services related company with respect to the requirements of proposed law.
Proposed law provides that a repair facility of a fleet owner shall not be deemed a satellite warranty
and repair center and shall not be required to be licensed by the commission.
Effective August 1, 2015
(Amends R.S. 32:1261(A)(1)(t))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Defines emergency services company or emergency services related company.
2. Exempts manufacturers who authorize a fleet owner whose commercial vehicles are
used in intrastate or interstate commerce from the requirements regarding tools,
certifications, training, and notification.
3. Provides that the La. Motor Vehicle Commission shall have no authority over a fleet
owner or an emergency services related company.
4. Exempts a repair facility of a fleet owner from licensure by the La. Motor Vehicle
Commission.