Louisiana 2016 2016 Regular Session

Louisiana House Bill HB467 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 467 Original	2016 Regular Session	Carmody
Abstract:   Regulates salvage pools and salvage disposal sales transactions and creates a database
for the purpose of tracking those transactions.
Present law enumerates a list of definitions.  Proposed law amends the definition of the term
"dismantler and parts recycler".  Proposed law amends the definition of the term in a way that
effectually subjects dismantlers and parts recyclers to the licensing provisions of present law (R.S.
32:784) when the dismantler or parts recycler purchases 10 or more wrecked, abandoned, and
repairable motor vehicles during a 12 month period.  Proposed law retains the enumerated list of
exceptions provided for in present law.
Present law specifies certain requirements that are imposed on owners, managers, or persons in
charge of salvage pools or salvage disposal sales.  Proposed law retains present law but also requires
owners, managers, or persons in charge of salvage pools or salvage disposal sales to do the
following:
(1) Obtain and maintain a copy of a driver's license, passport, or other government-issued
identification from the purchaser.
(2) Obtain and maintain documented proof of any required license or other authorization to
do business pursuant to present law.
Proposed law requires the La. Used Motor Vehicle Commission (commission) to contract with an
entity approved as a third party consolidator to the National Motor Vehicle Title Information System
(NVMVTIS) for the development of a statewide database for the submission of information collected
pursuant to proposed law.  Proposed law clarifies the intent of proposed law.
Proposed law requires that the database shall be capable of and track all transactions of vehicles with
a title that is branded as a wrecked, abandoned, or repairable motor vehicle or other similarly
branded vehicles.
Proposed law requires the commission to adopt rules to provide a unique identifier to all purchasers
of wrecked, abandoned, or repairable motor vehicle or other similarly branded vehicles in order to
facilitate tracking of the transactions.
Proposed law requires the commission to make the information received, pursuant to proposed law,
available to any state or local law enforcement upon their request. Proposed law requires the following persons to report to the database, within forty-eight hours of a
sale, all transactions involving the acquisition, transfer of ownership, or disposal of any wrecked,
abandoned, and repairable motor vehicle or other similarly branded vehicle:
(1) Any seller.
(2) Any purchaser not licensed pursuant to present law (R.S. 32:784).
Proposed law requires any person, firm, association, corporation, limited liability company, or trust
licensed pursuant to present law (R.S. 32:784) to report to the database on a monthly basis all
transactions involving the acquisition, transfer of ownership, or disposal of any wrecked, abandoned,
and repairable motor vehicle or other similarly branded vehicle.
Proposed law requires any person, firm, association, corporation, limited liability company, or trust
who commits a violation of proposed law to, upon conviction, be fined not less than $500 nor more
than $1000.
Proposed law specifies that each day that any person, firm, association, corporation, limited liability
company, or trust fails to adhere to the requirements imposed by proposed law constitutes a separate
violation.
Proposed law requires the commission to implement and enforce the provisions of proposed law
within three months of the effective date of proposed law.
(Amends R.S. 32:781(3) (intro para.) and 808(A); Adds R.S. 32:809)