2018 Regular Session ENROLLED
SENATE BILL NO. 469
BY SENATOR WARD
1 AN ACT
2 To amend and reenact R.S. 32:1252(8) and (56) and R.S. 39:2182(E), and to enact R.S.
3 32:1252(73) and (74) and 1254(P) and R.S. 39:2182(F), relative to motor vehicles;
4 to provide for definitions; to exempt the procurement or sale of certain towable
5 equipment from licensure; to authorize acceptance by a public entity of a valid
6 dealer's license within a certain time period; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:1252(8) and (56) are hereby amended and reenacted and R.S.
9 32:1252(73) and (74) and 1254(P) are hereby enacted to read as follows:
10 §1252. Definitions
11 The following words, terms, and phrases, when used in this Chapter, shall
12 have the meanings respectively ascribed to them in this Section, except where the
13 context clearly indicates a different meaning:
14 * * *
15 (8) "Converter" or "secondary manufacturer" means a person who prior to the
16 retail sale of motor vehicles or trailers, assembles, installs, or affixes a body, cab, or
17 special equipment to a chassis, or who substantially adds, subtracts from, or modifies
18 a previously assembled or manufactured motor vehicle or trailer, but does not
19 include towable equipment as defined in this Chapter.
20 * * *
21 (56) "Trailer" means every single vehicle without motive power designed for
22 carrying property or passengers wholly on its own structure, drawn by a motor
23 vehicle which carries no part of the weight and load of the trailer on its own wheels
24 and having one or more load carrying axles. "Trailer" includes but is including but
25 not limited to utility trailers, boat trailers, recreational trailers, semitrailers, livestock
26 trailers, tow dollies, and dump trailers, and excluding towable equipment as
ACT No. 487
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1 defined in this Chapter.
2 * * *
3 (73) "Tow dolly" means a trailer equipped with one or more axles
4 designed to connect to a tow bar on the rear of a motor vehicle that is used to
5 tow another vehicle and is not a type of towable equipment as defined in this
6 Chapter. The front or rear wheels of the towed vehicle are secured to and rest
7 upon the tow dolly.
8 (74) "Towable equipment" means equipment that is permanently affixed
9 to or integrated upon a trailer intended for use when the trailer is not traveling
10 on a road and where its capability for road travel or transport of other property
11 is incidental or secondary to the primary operational purpose of the equipment
12 including but not limited to towable signage, message boards, generators,
13 lighting tower masts, speed monitoring and traffic cameras, air compressors,
14 water pumps, crash attenuators, or road maintenance equipment such as a
15 pothole patcher or a chipper brush. "Towable equipment" does not include
16 portable facilities primarily intended for human or animal occupancy, hygiene,
17 or similar accommodations, including but not limited to portable toilets,
18 livestock trailers, and enclosed facilities for food service preparation and
19 distribution.
20 * * *
21 §1254. Application for license; requirements for licensure; contents; licenses;
22 franchise filings; exceptions
23 * * *
24 P. Notwithstanding any provision of law to the contrary and the
25 provisions of Subsection N of this Section, this Chapter shall not apply to the
26 procurement or sale of towable equipment as defined in this Chapter.
27 Section 2. R.S. 39:2182(E) is hereby amended and reenacted and R.S. 39:2182(F) is
28 hereby enacted to read as follows:
29 §2182. Prohibition of bids from or contracts with unlicensed dealers
30 * * *
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1 E. Notwithstanding any provision of law to the contrary and the
2 provisions of Subsections B and C of this Section, a public entity may accept a
3 bid for the sale of vehicles submitted by a vehicle dealer who is licensed on the
4 bid opening date even when a copy of the valid dealer's license is not enclosed
5 with the original bid submission, provided that a copy of the dealer's valid
6 license is received by the public entity not later than ten business days following
7 the bid opening date.
8 F. If in the course of an audit or review by the legislative auditor, pursuant
9 to the powers and duties in R.S. 24:513, a violation of this Section is found, the
10 legislative auditor shall report such findings to the Louisiana Motor Vehicle
11 Commission.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.