HLS 16RS-2894 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 1152 (Substitute for House Bill No. 1063 by Representative Robby
Carter)
BY REPRESENTATIVE ROBBY CARTER
MOTOR VEHICLES: Places a monetary limitation on the amount of certain debt owed to
the office of motor vehicles in certain circumstances
1 AN ACT
2To amend and reenact R.S. 32:8(B), 57.1(C), 863(A)(3)(a), and 863.1(C)(1)(b) and to enact
3 R.S. 47:1676(L), relative to debt owed to the office of motor vehicles; to limit the
4 amount of debt that may be owed to the office of motor vehicles in certain
5 circumstances; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:8(B), 57.1(C), 863(A)(3)(a), and 863.1(C)(1)(b) are hereby
8amended and reenacted to read as follows:
9 §8. Final delinquent debt; office of motor vehicles
10 * * *
11 B. The office of motor vehicles shall refer all final delinquent debts to the
12 office of debt recovery as provided in R.S. 47:1676. Final delinquent debt referrals
13 shall include data and information in the required format necessary to institute
14 collection procedures. All delinquent debts shall be authenticated by the office of
15 motor vehicles prior to being referred to the office of debt recovery. Once the
16 delinquent debt becomes final, and prior to referral to the office of debt recovery,
17 the office of motor vehicles shall notify the debtor in writing that failure to pay the
18 debt in full within sixty days shall subject the debt to the maximum amount owed
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HB NO. 1152
1 together with the additional fee collected by the office of debt recovery provided for
2 in R.S. 47:1676. However, if a debtor has multiple violations of R.S. 32:57.1, 863,
3 or 863.1, or any combination thereof, the total amount of final delinquent debt, as
4 defined by R.S. 32:8, shall not exceed five thousand dollars, inclusive of the
5 additional fee collected by the office of debt recovery as provided by R.S. 47:1676.
6 * * *
7 §57.1. Failure to honor written promise to appear; penalty; disposition of fines
8 * * *
9 C.(1) If after sixty calendar days from the date of receipt of the notification
10 issued by the Department of Public Safety and Corrections as required in Subsection
11 A of this Section by R.S. 32:8, the arrested person has failed to comply, the fees
12 provided for in this Section shall be considered final delinquent debt.
13 (2) However, if a debtor has multiple violations of R.S. 32:57.1, 863, or
14 863.1, or any combination thereof, the total amount of final delinquent debt, as
15 defined by R.S. 32:8, shall not exceed five thousand dollars, inclusive of the
16 additional fee collected by the office of debt recovery as provided for in R.S.
17 47:1676.
18 * * *
19 §863. Sanctions for false declaration; reinstatement fees; revocation of registration;
20 review
21 A.
22 * * *
23 (3)(a) Sanctions for a violation of Paragraph (1) of this Subsection shall be
24 imposed until proof of required liability security is provided to the secretary and all
25 reinstatement fees are paid. Sanctions for a violation of Paragraph (2) of this
26 Subsection shall be imposed for a period of not less than twelve months nor more
27 than eighteen months. However, in no event shall these sanctions be removed until
28 such time as proof of the required security is provided to the secretary along with all
29 appropriate fees required by law, including a reinstatement fee of one hundred
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HB NO. 1152
1 dollars per violation of Paragraph (1) of this Subsection if the vehicle was not
2 covered by the required security for a period of one to thirty days, two hundred fifty
3 dollars if the vehicle was not covered by required security for a period of thirty-one
4 to ninety days, and five hundred dollars if the vehicle was not covered by required
5 security for a period in excess of ninety days. No reinstatement fee shall be imposed
6 by the secretary if the vehicle was not covered by required security for a period of
7 ten days or less and the insured surrenders the vehicle's license plate to the secretary
8 within ten days. The reinstatement fees for violations of Paragraph (2) of this
9 Subsection shall be as follows: two hundred fifty dollars for a first violation, five
10 hundred dollars for a second violation, and one thousand dollars for a third or
11 subsequent violation. The reinstatement fee shall not be owed for an alleged
12 violation of Paragraph (2) of this Subsection when proof of the required security is
13 provided to the secretary within sixty days of the date of the notice. If at the time of
14 reinstatement, a person has multiple violations and is within sixty days of the notice,
15 the total amount of fees to be paid shall not exceed eight hundred fifty dollars, for
16 violations of Paragraph (1) of this Subsection, one thousand seventy-five dollars for
17 violations of Paragraph (2) of this Subsection. At no time shall the total amount of
18 fees, including administrative fees, exceed two hundred fifty dollars for persons
19 sixty-five years or older. After sixty days of the date of the notice, all fees shall be
20 considered final delinquent debt and therefore owed, and the eight hundred fifty
21 dollar limit for persons under sixty-five years shall no longer apply. However, if the
22 debtor has multiple violations of R.S. 32:57.1, 863, or 863.1, or any combination
23 thereof, the total amount of final delinquent debt, as defined by R.S. 32:8, shall not
24 exceed five thousand dollars, inclusive of the additional fee collected by the office
25 of debt recovery as provided for in R.S. 47:1676.
26 * * *
27 §863.1. Evidence of compulsory motor vehicle liability security contained in
28 vehicle; enforcement; penalty; fees
29 * * *
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HB NO. 1152
1 C.(1)
2 * * *
3 (b) The owner of the vehicle shall have three calendar days, excluding
4 Saturdays, Sundays, and legal holidays, from the date that the notice of
5 noncompliance was issued to present to the office of motor vehicles proof of
6 insurance coverage or security in effect at the time of the issuance of the notice of
7 noncompliance. If the vehicle was properly insured at the time the notice was issued,
8 any valid license plate shall be returned within forty-eight hours, exclusive of legal
9 holidays, to the owner of the vehicle at no cost to the owner. However, if, within
10 sixty days from the date the notice of noncompliance is issued, the owner fails to
11 provide proof of the fact that the vehicle was properly insured at the time the notice
12 of noncompliance was issued, the chief administrative officer of the office of motor
13 vehicles shall destroy, or shall cause to be destroyed, the license plate removed from
14 that owner's vehicle and shall notify the secretary that the owner of the vehicle is not
15 in compliance with the compulsory liability law. Upon receipt of such notification,
16 the secretary shall revoke the registration of such vehicle. Sixty days after the date
17 of issuance of the notice of noncompliance, the fees imposed in this Section shall be
18 owed even if the owner subsequently provides proof the motor vehicle was insured,
19 and all such fees shall be considered final delinquent debt. In the event that the
20 debtor has multiple violations of R.S. 32:57.1, 863, or 863.1, or any combination
21 thereof, the total amount of final delinquent debt, as defined by R.S. 32:8, shall not
22 exceed five thousand dollars, inclusive of the additional fee collected by the office
23 of debt recovery as provided for in R.S. 47:1676.
24 * * *
25 Section 2. R.S. 47:1676(L) is hereby enacted to read as follows:
26 §1676. Debt recovery
27 * * *
28 L. Notwithstanding any provision of the contrary, in the event that a debtor
29 has multiple violations of R.S. 32:57.1, 863, or 863.1, or any combination thereof,
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HB NO. 1152
1 the total amount of final delinquent debt, as defined by R.S. 32:8, owed to the office
2 of motor vehicles to be collected by the office of debt recovery shall not exceed five
3 thousand dollars, inclusive of the collection fee for the office of debt recovery
4 provided for in this Section.
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 1152 Original 2016 Regular Session Robby Carter
Abstract: Places a maximum on the amount of debt owed to the office of motor vehicles
in certain circumstances.
Present law requires that the office of motor vehicles to assess certain fees upon the owner
of an automobile for failure to maintain the minimum limits of liability insurance and for
failure to provide proof of insurance. Further provides that the office of motor vehicles shall
assess fees for failure to honor a written promise to appear before a magistrate or judge.
Present law provides that failure to pay such debt within 30 days of the final notice causes
certain fees to be declared final delinquent debt, turned over to the office of debt recovery,
and increased to the maximum amount owed together with an additional 25% collection fee
to be retained by the office of debt recovery.
Proposed law provides that in the event that a debtor has multiple violations pertaining to
failure to maintain the minimum limits of liability insurance, failure to provide proof of
insurance, and failure to honor a written promise to appear before a magistrate or judge, the
total amount of final delinquent debt owed for such violations shall not exceed $5,000,
inclusive of the additional fee collected by the office of debt recovery.
(Amends R.S. 32:8(B), 57.1(C), 863(A)(3)(a), and 863.1(C)(1)(b); Adds R.S. 47:1676(L))
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