Louisiana 2017 2017 Regular Session

Louisiana House Bill HB603 Engrossed / Bill

                    HLS 17RS-1048	ENGROSSED
2017 Regular Session
HOUSE BILL NO. 603
BY REPRESENTATIVE FALCONER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES:  Increases charges collected by public license tag agents
1	AN ACT
2To amend and reenact R.S. 6:969.18(A)(3), R.S. 9:3530(F)(1) and (2), and R.S.
3 47:532.1(A)(7)(c), (C), and (D), relative to public license tag agents; to authorize a
4 maximum convenience charge for certain transactions; to increase the convenience
5 charges collected by public license tag agents; to authorize the collection of a
6 convenience charge in addition to other authorized fees, sales taxes, and transactions;
7 and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 6:969.18(A)(3) is hereby amended and reenacted to read as follows: 
10 §969.18.  Documentation and compliance fees; notary fees; transfer of equity and
11	other fees; disclosure
12	A.
13	*          *          *
14	(3)  The seller or extender of credit may additionally charge the consumer a
15 convenience fee charge, as provided by R.S. 47:532.1(A)(7)(c), for services
16 performed in obtaining a motor vehicle license or title on the consumer's behalf.
17	*          *          *
18 Section 2.  R.S. 9:3530(F)(1) and (2) are hereby amended and reenacted to read as
19follows:
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CODING:  Words in struck through type are deletions from existing law; words underscored
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HB NO. 603
1 §3530.  Fees; origination; notary, documentation; over-the-credit-limit fee
2	*          *          *
3	F.(1)  A lender may charge the consumer the collect a convenience fee charge
4 authorized by R.S. 47:532.1(C) for services performed by a public license tag agent
5 as well as any E.L.T. fees pursuant to R.S. 32:707.2.  Such fees shall not be charged
6 to the consumer more than once.
7	(2)  Notwithstanding any other law to the contrary, the convenience fee
8 charge authorized by R.S. 47:532.1(C) as well as any E.L.T. fees shall not be
9 considered as interest, nor shall they be included in the calculation of interest.
10	*          *          *
11 Section 3.  R.S. 47:532.1(A)(7)(c), (C), and (D) are hereby amended and reenacted
12to read as follows:
13 §532.1.  Public license tag agents; auto title companies; rules and regulations; surety
14	bonds; fees
15	A.
16	*          *          *
17	(7)
18	*          *          *
19	(c)  Public license tag agents shall also be authorized to provide information
20 on the status of registration privileges and to process reinstatements of driving and
21 motor vehicle registration privileges when these privileges were revoked due to the
22 failure to maintain the compulsory motor vehicle liability security or the failure to
23 provide proof of such security.  Public license tag agents shall be authorized to
24 charge collect a convenience fee charge not to exceed eighteen twenty-four dollars,
25 to provide information on the status of registration privileges and a fee charge not
26 to exceed eighteen twenty-four dollars per reinstatement, provided that the fees
27 charges are disclosed immediately to the consumer prior to the initiation of the
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HB NO. 603
1 transaction, and the fees are posted in a conspicuous manner in the business office
2 of the public license tag agent.
3	*          *          *
4	C.  Public license tag agents shall be authorized to collect a convenience fee
5 charge in addition to the registration license tax, other authorized fees, sales taxes,
6 and transactions.  The convenience fee charge shall not exceed eighteen dollars for
7 motor carriers, as defined in R.S. 32:1(37), and eighteen twenty-four dollars per
8 license for all other vehicles.  However, the public license tag agents shall collect and
9 retain the full amount of the convenience fee charge.  The seller is authorized to
10 charge collect the convenience fee charge authorized by this Subsection in
11 connection with any retail sale, in addition to the fees authorized in Chapter 10-B of
12 Title 6 of the Louisiana Revised Statutes of 1950.
13	D.(1)  Each public license tag agent approved by the office of motor vehicles
14 shall disclose information to the consumer that a license tag may be purchased at the
15 office of motor vehicles without payment of the convenience fee charge.
16	(2)  Itemization of this convenience fee charge in compliance with federal
17 laws regarding truth and lending shall be considered compliance with this Section.
18	*          *          *
19 Section 4.  The Department of Public Safety and Corrections, office of motor
20vehicles, shall promulgate rules and regulations in accordance with the Administrative
21Procedure Act to carry out the provisions 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 603 Engrossed 2017 Regular Session	Falconer
Abstract: Increases charges collected by public license tag agents.
Present law authorizes certain individuals and entities to collect certain convenience fees for
motor vehicle related services performed.
Proposed law clarifies that the individuals and entities collect certain convenience charges
rather than convenience fees.
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HB NO. 603
Present law authorizes public license tag agents to charge a convenience fee, not to exceed
$18, to provide information on the status of registration privileges and a fee, not to exceed
$18, per reinstatement, provided that the fees are disclosed immediately to the consumer
prior to the initiation of the transaction and the fees are posted in a conspicuous manner in
the office of the public license tag agent.
Proposed law retains present law and increases the specified maximum convenience charge
from $18 to $24 for the provision of information on the status of registration privileges and
reinstatement.
Present law authorizes the public license tag agents to collect a convenience fee in addition
to the registration license tax not to exceed $18 per license.
Proposed law modifies present law by increasing the charge from $18 to $24 for all vehicles
except that the charge for motor carriers will not exceed $18 and specifies that a public
license tag agent is authorized to collect the convenience charge in addition to other
authorized fees, sales taxes, and transactions.
Proposed law requires the Dept. of Public Safety and Corrections, office of motor vehicles,
to promulgate rules and regulations adjusting the La. Administrative Code to appropriately
conform with the provisions of this Act.
(Amends R.S. 6:969.18(A)(3), R.S. 9:3530(F)(1) and (2), and R.S. 47:532.1(A)(7)(c), (C),
and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Make technical changes.
2. Decrease the convenience charge from $28 to $24 for the provision of
information on the status of registration privileges and reinstatement.
3. Specify that the convenience charge for motor carriers must not exceed $18.
4. Remove all provisions relative to contracts between the office of motor vehicles
and public license tag agents.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.