SLS 15RS-358 ORIGINAL
2015 Regular Session
SENATE BILL NO. 77
BY SENATOR KOSTELKA
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES. Requires a motor vehicle repairman to disclose to customers that
parts used in an auto body repair may not be new, original equipment manufacturer parts.
(8/1/15)
1 AN ACT
2 To enact R.S. 32:535.2, relative to motor vehicle repair work; to require disclosure on
3 certain parts used in a repair; to provide for penalties; to provide certain terms,
4 procedures and conditions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 32:535.2 is hereby enacted to read as follows:
7 ยง535.2. Required disclosure
8 A. Prior to performing any work on a motor vehicle, the repairman
9 employed by a customer to perform auto body repair work on the motor vehicle
10 shall comply with the provisions of this Section.
11 B. The repairman shall provide the customer with a Consumer Auto
12 Body Repair Disclosure form. The form shall be a separate standardized
13 document and printed in at least ten-point type. The repairman may use his
14 own letterhead, but the language of the form shall read as follows:
15 CONSUMER AUTO BODY REP AIR DISCLOSURE
16 Some estimates may be written and some repairs may be made using parts that
17 are not new, original equipment manufacturer ("OEM") parts. This means
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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. 77
SLS 15RS-358 ORIGINAL
1 that some parts used in the estimate, repair, or the estimate and the repair, may
2 be manufactured by someone other than the manufacturer of your motor
3 vehicle, or that some parts used in the estimate, repair, or the estimate and the
4 repair may be used, recycled, or remanufactured. Any use of such parts will be
5 reflected in your repair invoice with the appropriate designations, including but
6 not limited to remanufactured, recycled, like kind and quality ("LKQ"), or
7 nonoriginal equipment manufacturer ("non-OEM"). Warranties applicable to
8 these replacement parts are provided by the manufacturer or distributor of
9 these parts, or the person or facility completing the repairs, rather than the
10 manufacturer of your motor vehicle. The use of such replacement parts may
11 void certain motor vehicle manufacturer warranties. Please sign one of the
12 following statements:
13 I understand the disclosure above and do not wish to be expressly notified prior
14 to the use of such non-OEM or used parts.
15 Signature: ____________________________
16 Date:________________________________
17 I understand the disclosure above and request to be expressly notified prior to
18 the use of such non-OEM or used parts. I understand that this notification
19 could result in delays to my repairs while such contact is made.
20 Signature: _____________________________
21 Date: _________________________________
22 Preferred contact information: _________________________________
23 C. The Consumer Auto Body Repair Disclosure shall be dated and signed
24 by the customer prior to any work being performed on the motor vehicle. The
25 customer may acknowledge and respond to the disclosure in an electronic
26 format.
27 D. The repairman shall provide the customer with a copy of the
28 Consumer Auto Body Repair Disclosure and shall retain a completed copy for
29 his records for a period of not less than two years.
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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. 77
SLS 15RS-358 ORIGINAL
1 E. Whoever violates the provisions of this Section shall be fined not more
2 than one thousand dollars.
3 F. Notwithstanding the provisions of R.S. 32:533, the provisions of this
4 Section shall be effective in every city, town, village, and parish on August 1,
5 2015.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
SB 77 Original 2015 Regular Session Kostelka
Proposed law provides that prior to performing any work on a motor vehicle, the repairman
employed by a customer to perform auto body repair work on the motor vehicle shall comply
with the provisions of law.
Proposed law provides that the repairman shall provide the customer with a Consumer Auto
Body Repair Disclosure form. The form shall be a separate standardized document and
printed in at least ten-point type. The repairman may use his own letterhead, but the
language of the form shall read as follows:
CONSUMER AUTO BODY REPAIR DISCLOSURE
Some estimates may be written and some repairs may be made using parts that are
not new, original equipment manufacturer ("OEM") parts. This means that some
parts used in the estimate, repair, or the estimate and the repair, may be
manufactured by someone other than the manufacturer of your motor vehicle, or that
some parts used in the estimate, repair, or the estimate and the repair may be used,
recycled, or remanufactured. Any use of such parts will be reflected in your repair
invoice with the appropriate designation, including but not limited to
remanufactured, recycled, like kind and quality ("LKQ"), or nonoriginal equipment
manufacturer ("non-OEM"). Warranties applicable to these replacement parts are
provided by the manufacturer or distributor of these parts, or the person or facility
completing the repairs, rather than the manufacturer of your motor vehicle. The use
of such replacement parts may void certain motor vehicle manufacturer warranties.
Please sign one of the following statements:
I understand the disclosure above and do not wish to be expressly notified prior to
the use of such non-OEM or used parts.
Signature: ____________________________
Date: ___________________________
I understand the disclosure above and request to be expressly notified prior to the use
of such non-OEM or used parts. I understand that this notification could result in
delays to my repairs while such contact is made.
Signature: _____________________________
Date: _________________________________
Preferred contact information: _________________________________
Proposed law provides that the disclosure shall be dated and signed by the customer prior
to any work being performed on the motor vehicle. The customer may acknowledge and
respond to the disclosure in an electronic format.
Proposed law provides that the repairman shall provide the customer with a copy of the
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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. 77
SLS 15RS-358 ORIGINAL
disclosure and shall retain a completed copy for his records for a period of not less than two
years.
Proposed law provides that whoever violates the provisions of proposed law shall be fined
not more than $1000.
Effective August 1, 2015.
(Adds R.S. 32:535.2)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.