2017 Regular Session ENROLLED
SENATE RESOLUTION NO. 144
BY SENATOR JOHNS
A RESOLUTION
To urge and request the Louisiana Motor Vehicle Commission to examine whether R.S.
32:1252(26), (27), (45), and (46)(a) and 1254(A)(18), relative to recreational
products dealers, are currently interpreted in accordance with their original
legislative intent.
WHEREAS, when these statutes are construed as a whole, all recreational products
dealers are required to obtain a recreational products dealer license; and
WHEREAS, the purpose of a recreational products dealer license is consumer
protection and safety; and
WHEREAS, certain "marine motor" and "marine engine" dealers contend that to
require the purchase of a recreational products dealer license of those dealers whose products
are not truly recreational in nature is beyond the scope of what was intended by the
legislature; and
WHEREAS, R.S. 32:1254(A)(18) requires "recreational products dealers" to be
licensed by the Louisiana Motor Vehicle Commission in order to do business in the state of
Louisiana; and
WHEREAS, R.S. 32:1252(46)(a) defines a "recreational products dealer" as "any
person who, for a commission or with intent to make a profit or gain of money or other thing
of value, buys, sells, brokers, exchanges, auctions, offers, or attempts to negotiate a sale or
exchange of an interest in recreational products and who is engaged wholly or in part in the
business of buying and selling recreational products in the state of Louisiana"; and
WHEREAS, R.S. 32:1252(45) defines "recreational products" as "new and unused
motorcycles, all-terrain vehicles, marine products, recreational vehicles, and trailers as
defined in this Chapter"; and
WHEREAS, R.S. 32:1252(27) defines "marine product" as "a new or used watercraft,
Page 1 of 2 SR NO. 144 ENROLLED
boat, marine motor, and a boat or watercraft trailer. The term also includes an outboard
motor or a boat with an inboard/outboard motor attached to it. The term shall not mean a
new or used watercraft or boat adapted to be powered only by the occupant's energy"; and
WHEREAS, R.S. 32:1252(26) defines "marine motor" or "marine engine" as "a
motor that is a component of a marine product that is sold separately from a boat when
delivered to the marine dealer by the distributor or manufacturer"; and
WHEREAS, as currently interpreted by the Louisiana Motor Vehicle Commission,
dealers of large "marine motors" or "marine engines" are required to purchase a recreational
products dealer license even though the products they sell are solely commercial in nature;
and
WHEREAS, certain companies currently required to obtain a recreational products
dealer license are dealers of large diesel engines which are placed in commercial vessels
such as tanks, barges, and tugboats; and
WHEREAS, these companies act as dealers of large "marine motors" and "marine
engines" that are traditionally placed in vessels that are recreational in nature; and
WHEREAS, when R.S. 32:1252(26), (27), (45), and (46)(a) and 1254(A)(18) are
interpreted in their current manner, these companies are forced to purchase a recreational
products dealer license even when acting as a dealer of "marine motors" or "marine engines"
that are solely commercial in nature; and
WHEREAS, these dealers contend that the legislative intent of R.S. 32:1252(26),
(27), (45), and (46)(a) at the time of enactment was to require only those dealers whose
products are solely recreational in nature to purchase a recreational products dealer license.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request the Louisiana Motor Vehicle Commission to examine whether
R.S. 32:1252(26), (27), (45), and (46)(a) and 1254(A)(18) are being interpreted to reflect the
true intent of the legislature at the time of enactment.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Louisiana Motor Vehicle Commission.
PRESIDENT OF THE SENATE
Page 2 of 2