Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB469 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 487 (SB 469) 2018 Regular Session	Ward
New law adds definitions for "towable equipment" and "tow dolly". 
New law defines "tow dolly" to mean a trailer equipped with one or more axles designed to
connect to a tow bar on the rear of a motor vehicle that is used to tow another vehicle and is
not a type of towable equipment as defined in new law. The front or rear wheels of the towed
vehicle are secured to and rest upon the tow dolly.
New law defines "towable equipment" to mean equipment that is permanently affixed to or
integrated upon a trailer intended for use when the trailer is not traveling on a road and where
its capability for road travel or transport of other property is incidental or secondary to the
primary operational purpose of the equipment. "Towable equipment" includes, but is not
limited to towable signage, message boards, generators, lighting tower masts, speed
monitoring and traffic cameras, air compressors, water pumps, crash attenuators, or road
maintenance equipment such as a pothole patcher or a chipper brush. "Towable equipment"
does not include portable facilities primarily intended for human or animal occupancy,
hygiene, or similar accommodations, including but not limited to portable toilets, livestock
trailers, and enclosed facilities for food service preparation and distribution.
Prior law defined "converter" or "secondary manufacturer" and "trailer".
Prior law defined "converter" or "secondary manufacturer" to mean a person who prior to the
retail sale of motor vehicles or trailers, assembles, installs, or affixes a body, cab, or special
equipment to a chassis, or who substantially adds, subtracts from, or modifies a previously
assembled or manufactured motor vehicle or trailer.
Prior law defined "trailer" to mean every single vehicle without motive power designed for
carrying property or passengers wholly on its own structure, drawn by a motor vehicle which
carries no part of the weight and load of the trailer on its own wheels and having one or more
load carrying axles. "Trailer" includes but is not limited to utility trailers, boat trailers,
recreational trailers, semitrailers, livestock trailers, tow dollies, and dump trailers.
New law excludes towable equipment from the definitions of "converter" or "secondary
manufacturer" and "trailer". 
Prior law required persons who distribute and manufacture or sell certain types of motor
vehicles and recreational products to be licensed by the Motor Vehicle Commission prior to
engaging in business in the state of Louisiana, regardless of whether or not said person
maintains or has a place or places of business in this state, and makes it a violation of law
to operate without first obtaining a license.
New law exempts distributors and manufacturers of towable equipment from licensing
requirements and rules and regulations of the Motor Vehicle Commission.
Prior law provided that a public entity require that any bid submitted by, or a contract or
cooperative endeavor agreement with, a dealer for the purchase of vehicles to include a copy
of a valid dealer's license issued under the provisions of R.S. 32:1254. Further, required a
public entity to reject any bid submitted by a dealer for the purchase of vehicles which does
not include a copy of a valid dealer's license.
New law authorizes a public entity to accept a bid for the sale of vehicles submitted by a
vehicle dealer who is licensed on the bid opening date even when a copy of the valid dealer's
license is not enclosed with the original bid submission, provided that a copy of the dealer's
valid license is received by the public entity not later than ten business days following the
bid opening date.
Prior law required the legislative auditor to report a violation of licensure requirements to the
Motor Vehicle Commission discovered during the course of an audit or review pursuant to
R.S. 24:513.
Effective August 1, 2018. (Amends R.S. 32:1252(8) and (56) and R.S. 39:2182(E); adds R.S. 32:1252(73) and (74) and
1254(P) and R.S. 39:2182(F))