Louisiana 2019 2019 Regular Session

Louisiana House Bill HB223 Introduced / Bill

                    HLS 19RS-759	ORIGINAL
2019 Regular Session
HOUSE BILL NO. 223
BY REPRESENTATIVE BRASS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/TOWING:  Provides with respect to towing and storage licenses and fines
1	AN ACT
2To amend and reenact R.S. 32:1714(3) and 1724(A) and to enact R.S. 32:1717.1(C), relative
3 to towing and storage licenses and fines; to provide a maximum fine for violations
4 of the Louisiana Towing and Storage Act; to provide guidelines for suspension or
5 revocation of licenses for violations of the Louisiana Towing and Storage Act; and
6 to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 32:1714(3) and 1724(A) are hereby amended and reenacted and R.S.
932:1717.1(C) is hereby enacted to read as follows:
10 §1714.  Powers and duties of the office of state police
11	The Department of Public Safety and Corrections, office of state police,
12 subject to the provisions of the Administrative Procedure Act, shall:
13	*          *          *
14	(3)  Adopt and levy fines for violation of this Chapter or any rule or
15 regulation adopted pursuant to this Chapter.  The administrative fine for each
16 violation of this Chapter, or of the regulations adopted pursuant thereto, shall not
17 exceed the sum of five hundred dollars.
18	*          *          *
19 §1717.1.  Licensing; storage facility inspection; fee
20	*          *          *
Page 1 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-759	ORIGINAL
HB NO. 223
1	C.  The Department of Public Safety and Corrections, office of state police,
2 may suspend or revoke the storage inspection license required by this Section for one
3 or more violations of this Chapter or of the regulations adopted pursuant thereto.  In
4 determining the length of the suspension, or for the necessity of revocation, the
5 department shall consider the gravity of the violation or violations, the history of
6 previous offenses, and any other matters that justice requires.
7	*          *          *
8 §1724.  Administrative penalties
9	A.(1)  Any person who fails to comply with any provision required by this
10 Chapter shall forfeit all claims for towing services and storage of such vehicles and
11 shall be subject to an administrative fine.  Each day's failure to make such a report
12 as required hereunder shall constitute a separate offense.
13	(2)  The administrative fine for each violation of this Chapter, or of the
14 regulations adopted pursuant thereto, shall not exceed the sum of five hundred
15 dollars.
16	*          *          *
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 223 Original 2019 Regular Session	Brass
Abstract:  Limits the fine for violations of the La. Towing and Storage Act to $500.
Provides guidelines for suspension and revocation of licenses for violation of the
Act.
Present law requires the Dept. of Public Safety and Corrections, office of state police, to
adopt and levy fines for violation of the La. Towing and Storage Act.
Proposed law limits the fine to not more than $500.
Proposed law authorizes the Dept. of Public Safety and Corrections, office of state police,
to suspend or revoke a company's storage and inspection license for one or more violations
of the La. Towing and Storage Act or the regulations adopted pursuant thereto.
Proposed law requires the Dept. of Public Safety and Corrections, office of state police, to
consider the gravity of the violation or violations, the history of previous offenses, and any
other matter that justice requires when determining the length of suspension or necessity of
a revocation.
Page 2 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-759	ORIGINAL
HB NO. 223
Present law requires a fine be issued to any person who fails to comply with any provision
required by the La. Towing and Storage Act and forfeit all claims for towing services and
storage of such vehicles.
Proposed law limits the fine to not more than $500.
(Amends R.S. 32:1714(3) and 1724(A); Adds R.S. 32:1717.1(C))
Page 3 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.