HLS 23RS-652 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 568
BY REPRESENTATIVE PHELPS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/VIOLATIONS: Provides relative to sanctions for a lapse in required
vehicle liability security
1 AN ACT
2To amend and reenact R.S. 32:863(A)(3)(a), relative to sanctions for violations of required
3 vehicle liability security; to modify the lapse period applicable to sanctions for lapse
4 of required liability security; to provide for rule promulgation; to provide an
5 effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:863(A)(3)(a) is hereby amended and reenacted to read as follows:
8 ยง863. Sanctions for false declaration; reinstatement fees; revocation of registration;
9 review
10 A.
11 * * *
12 (3)(a) Sanctions for a violation of Paragraph (1) of this Subsection shall be
13 imposed until proof of required liability security is provided to the secretary and all
14 reinstatement fees are paid. Sanctions for a violation of Paragraph (2) of this
15 Subsection shall be imposed for a period of not less than twelve months nor more
16 than eighteen months. However, in no event shall these sanctions be removed until
17 such time as proof of the required security is provided to the secretary along with all
18 appropriate fees required by law, including a reinstatement fee of one hundred
19 dollars per violation of Paragraph (1) of this Subsection if the vehicle was not
20 covered by the required security for a period of one to thirty days, two hundred fifty
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HB NO. 568
1 dollars if the vehicle was not covered by required security for a period of thirty-one
2 to ninety days, and five hundred dollars if the vehicle was not covered by required
3 security for a period in excess of ninety days. No reinstatement fee shall be imposed
4 by the secretary if the vehicle was not covered by required security for a period of
5 ten days or less and the insured surrenders the vehicle's license plate to the secretary
6 within ten days or if the violation is the insured's first violation pursuant to Paragraph
7 (1) of this Subsection and the lapse of insurance coverage was for five days or less,
8 provided immediate notice of the cancellation is given within one to five days before
9 issuing the violation. In addition, notice shall be transmitted to the insured through
10 LA wallet within one to five days before issuing the violation. The reinstatement
11 fees for violations of Paragraph (2) of this Subsection shall be as follows: two
12 hundred fifty dollars for a first violation, five hundred dollars for a second violation,
13 and one thousand dollars for a third or subsequent violation. The reinstatement fee
14 shall not be owed for an alleged violation of Paragraph (2) of this Subsection when
15 proof of the required security is provided to the secretary within sixty days of the
16 date of the notice. If at the time of reinstatement, a person has multiple violations
17 and is within sixty days of the notice, the total amount of fees to be paid shall not
18 exceed eight hundred fifty dollars, for violations of Paragraph (1) of this Subsection,
19 and one thousand seventy-five dollars for violations of Paragraph (2) of this
20 Subsection. At no time shall the total amount of fees, including administrative fees,
21 exceed two hundred fifty dollars for persons sixty-five years or older. After sixty
22 days of the date of the notice, all fees shall be considered final delinquent debt and
23 therefore owed, and the eight hundred fifty dollar limit for persons under sixty-five
24 years shall no longer apply.
25 * * *
26 Section 2. The Department of Public Safety and Corrections shall adopt and
27promulgate, in accordance with the Administrative Procedure Act, any rules and regulations
28that may be necessary to bring existing administrative rules into conformity with the
29provisions of this Act.
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HB NO. 568
1 Section 3. This Act shall become effective upon signature by the governor or, if not
2signed by the governor, upon expiration of the time for bills to become law without signature
3by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
4vetoed by the governor and subsequently approved by the legislature, this Act shall become
5effective on the day following such approval.
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 568 Engrossed 2023 Regular Session Phelps
Abstract: Specifies that the reinstatement fee assessed by the office of motor vehicles will
not apply if it is the insured's first violation and the lapse of insurance coverage was
for five days or less.
Present law requires the secretary, upon a determination that a vehicle is not covered by
security as required by present law or the owner or lessee has allowed the required security
to lapse, to revoke the registration of the vehicle, impound the vehicle, and cancel the
vehicle's license plate.
Present law requires sanctions for a violation of present law be imposed for a period ranging
from 12 to 18 months until proof of required vehicle liability security is provided to the
secretary and all reinstatement fees are paid.
Present law requires a reinstatement fee of $100 per violation if the vehicle was not covered
by the required security for a period of 1-30 days, $250 per violation if the vehicle was not
covered by the required security for a period of 31-90 days, and $500 per violation if the
vehicle was not covered by the required security for a period in excess of 90 days.
Proposed law provides that the reinstatement fee does not apply if the violation is the
insured's first violation and the lapse of insurance coverage was for five days or less.
Requires notice be transmitted to the insured through LA wallet within one to five days
before issuing the violation.
Proposed law requires the Dept. of Public Safety and Corrections adopt and promulgate rules
and regulations, in accordance with the Administrative Procedure Act, to bring any existing
administrative rules into conformity with the provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 32:863(A)(3)(a))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Add a requirement that notice of cancellation be provided through LA wallet
within one to five days before issuing the violation.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.