HLS 16RS-994 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 467
BY REPRESENTATIVE CARMODY
MOTOR VEHICLES: Regulates transactions involving wrecked, abandoned, or repairable
motor vehicles and creates a reporting database
1 AN ACT
2To amend and reenact R.S. 32:781(3) (introductory paragraph) and 808(A) and to enact R.S.
3 32:809, relative to used motor vehicles; to provide for definitions; to regulate
4 salvage pools and salvage disposal sales; to establish and maintain a reporting
5 database for certain transactions; to provide for effectiveness; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:781(3) (introductory paragraph) and 808(A) are hereby amended
9and reenacted and R.S. 32:809 is hereby enacted to read as follows:
10 §781. Definitions
11 As used in this Chapter:
12 * * *
13 (3) "Dismantler and parts recycler" means a person, firm, or corporation
14 engaged in whole or in part in the business of acquiring and dismantling,
15 disassembling, or repairing wrecked, abandoned, or repairable motor vehicles or
16 selling the usable parts thereof, or selling such wrecked, abandoned, or repairable
17 motor vehicles as a unit of wholesale, or selling such repaired motor vehicles as a
18 unit at wholesale. For purposes of this Chapter, a person, firm, or corporation shall
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1 be presumed to be engaging in the business of a dismantler and parts recycler and
2 shall be licensed as required by R.S. 32:784 if such person, firm, or corporation
3 possesses purchases ten or more inoperable wrecked, abandoned, or repairable motor
4 vehicles for more than thirty days during a twelve month period, except when such
5 inoperable wrecked, abandoned, or repairable motor vehicles are being held:
6 * * *
7 §808. Salvage pools; record keepers
8 A.(1) The owner, manager, or person in charge of a salvage pool or salvage
9 disposal sale shall keep a register of all sales of motor vehicles do all of the
10 following for three years from the date of sale, of motor vehicles, including the sale
11 or transfer of wrecked, abandoned, or repairable motor vehicles: showing the make,
12 model, year, body style, vehicle identification number, odometer reading, and the
13 name and address of the seller and buyer.
14 (1) Keep a register of all sales of motor vehicles showing the make, model,
15 year, body style, vehicle identification number, odometer reading, and the name and
16 address of the seller and buyer.
17 (2) Obtain and maintain a copy of a driver's license, passport, or other
18 government-issued identification from the purchaser.
19 (3) Obtain and maintain documented proof of any required license or other
20 authorization to do business pursuant to this Title.
21 (4) The register shall be made available for inspection by identified law
22 enforcement officers of the state, parish, or municipality or agents of the commission
23 at the salvage pool or salvage disposal sale business location during regular business
24 hours on business days.
25 * * *
26 §809. Reporting to state database; transactions involving wrecked, abandoned, and
27 repairable motor vehicles
28 A.(1) The commission shall contract with an entity approved as a third party
29 consolidator to the National Motor Vehicle Title Information System (NVMVTIS)
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1 for the development of a statewide database for the submission of information
2 collected pursuant to this Section. The system shall be used to maintain an accurate
3 record of all such transactions conducted, and the consolidator shall report such
4 information to NVMVTIS.
5 (2)(a) The database shall track all transactions of vehicles with a title that is
6 branded as a wrecked, abandoned, or repairable motor vehicle or other similarly
7 branded vehicles.
8 (b) The commission shall adopt rules to provide a unique identifier to all
9 purchasers of wrecked, abandoned, or repairable motor vehicle or other similarly
10 branded vehicles in order to facilitate tracking of the transactions.
11 (3) The commission shall make the information received pursuant to this
12 Section available to any state or local law enforcement upon their request.
13 B.(1) The following persons shall report to the database, within forty-eight
14 hours of a sale, all transactions involving the acquisition, transfer of ownership, or
15 disposal of any wrecked, abandoned, and repairable motor vehicle or other similarly
16 branded vehicle:
17 (a) Any seller.
18 (b) Any purchaser not licensed pursuant to R.S. 32:784.
19 (2) Any person, firm, association, corporation, limited liability company, or
20 trust licensed pursuant to R.S. 32:784 shall report to the database on a monthly basis
21 all transactions involving the acquisition, transfer of ownership, or disposal of any
22 wrecked, abandoned, and repairable motor vehicle or other similarly branded
23 vehicle.
24 C. (1) Any person, firm, association, corporation, limited liability company,
25 or trust who commits a violation of this Section shall, upon conviction, be fined not
26 less than five hundred dollars nor more than one thousand dollars.
27 (2) Each day that any person, firm, association, corporation, limited liability
28 company, or trust fails to adhere to the requirements imposed by this Section
29 constitutes a separate violation.
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1 Section 2. Within three months of the effective date of this Act, the
2 Louisiana Used Motor Vehicle Commission shall implement and enforce the
3 provisions of R.S. 32:809, as enacted by Section 1 of this Act.
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.
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(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)
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