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2025 Regular Session
SENATE BILL NO. 30
BY SENATOR MCMATH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES. Provides relative to recreational vehicles. (8/1/25)
1 AN ACT
2 To enact R.S. 32:1270.30.1, relative to recreational vehicle dealerships; to provide for the
3 establishment of new dealerships and the relocation of existing recreational vehicle
4 dealerships; to provide for notification requirements; to provide for protests to the
5 Louisiana Motor Vehicle Commission; to provide for exemptions for certain existing
6 dealerships; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:1270.30.1 is hereby enacted to read as follows:
9 ยง1270.30.1. Establishment of new recreational vehicle dealerships or
10 relocations; protests; procedure
11 A.(1) Whenever the commission receives an application for a
12 recreational vehicle dealer's license which would add a new recreational vehicle
13 dealership or authorize an existing recreational vehicle dealership to deal in a
14 new or additional make of a recreational vehicle which would establish an
15 additional franchise in that area, or which would authorize an existing
16 recreational vehicle dealership to deal in additional makes, models, or
17 classifications of recreational vehicles designated in the franchise or any
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1 addendum thereto, it shall first notify the existing licensed recreational vehicle
2 dealership or dealerships selling the same line makes, models, or classifications
3 within the community or territory in which the applicant proposes to conduct
4 business. Any same line makes, models, or classifications dealership whose
5 assigned community or territory includes the location of the proposed new
6 recreational vehicle dealership may object to the granting of the license.
7 (2) The reopening or replacement of a dealership in a location where the
8 same line makes, models, or classifications has been sold by a licensed
9 recreational vehicle dealer within the previous two years shall not be considered
10 an additional recreational vehicle dealer under Paragraph (1) of this Subsection.
11 B.(1) Whenever the commission receives an application for a recreational
12 vehicle dealer's license which would relocate an existing recreational vehicle
13 dealership, including the transfer of a franchise and relocation to an existing
14 recreational vehicle dealership, it shall first notify the existing licensed
15 recreational vehicle dealership or dealerships selling the same line makes,
16 models, or classifications within the community or territory in which the
17 applicant proposes to conduct business. The existing same line makes, models,
18 or classifications dealership or dealerships shall have the right to object to the
19 granting of the license only if the proposed relocation is within a certain radius
20 of its facility. The radius shall be two hundred miles for a dealership selling
21 motor homes and one hundred miles for a dealership selling towable
22 recreational vehicles. However, without regard to distance, whenever the
23 commission receives an application for the relocation of a recreational vehicle
24 dealership which would add an additional franchise to an existing same line
25 makes, models, or classifications in a dealership's community or territory, the
26 affected dealership shall have the right to object.
27 (2) Whenever the commission receives a protest pursuant to the
28 provisions of Paragraph (1) of this Subsection, the applicant and the
29 manufacturer or distributor shall show, by a preponderance of the evidence,
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1 that the existing same line makes, models, or classifications recreational vehicle
2 dealership or dealerships will not be substantially harmed by locating the
3 dealership within the area. Notwithstanding the provisions of R.S. 32:1251 to
4 the contrary, the commission shall consider the financial impact on both the
5 applicant and the existing dealership or dealerships.
6 C. The objection shall be in writing, and shall be received by the
7 commission within a thirty-day period after receipt of the notice. The thirty-day
8 objection period shall be waived upon written notification to the commission
9 from all licensees, who are entitled to object, that the licensees have no
10 objections to the proposed change or addition for which the notice of intent was
11 issued. If timely objection is lodged, and prior to the issuance of the license, the
12 commission shall hold a hearing within thirty days after receipt of the objection,
13 or forty-five days after the request is made for the three-member panel, and
14 issue its decision within ninety days after date of the hearing. Notice of hearing,
15 and an opportunity to participate therein, shall be given to the manufacturer
16 or distributor, to the applicant for the license as a recreational vehicle dealer,
17 and to the protesting dealership or dealerships. The absence of a timely protest
18 shall not prevent the commission from considering the effect of the issuance of
19 a license on other recreational vehicle dealerships, located either within or
20 outside the community or territory as part of its determination of whether or
21 not the license sought should be issued.
22 D.(1) Whenever the commission receives a protest pursuant to the
23 provisions of this Section, the commission shall consider the following in
24 determining whether there is good cause to issue a license:
25 (a) Whether the community or territory can support an additional
26 dealership.
27 (b) Notwithstanding the provisions of R.S. 32:1251 to the contrary, the
28 financial impact on both the applicant and the existing dealership or
29 dealerships.
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1 (c) Whether the existing recreational vehicle dealerships of the same line
2 makes, models, or classifications in the dealership's community or territory are
3 providing adequate representation and convenient consumer care for the
4 recreational vehicles of the same line makes, models, or classifications located
5 within that area.
6 (d) Whether the issuance of the license would increase competition or be
7 in the public interest, or both.
8 (2) The applicant and manufacturer or distributor shall have the burden
9 of proof in demonstrating good cause by a preponderance of the evidence.
10 E. The provisions of this Section shall not apply to any dealership which
11 has a validly binding dealer agreement with a manufacturer or distributor as
12 of August 1, 2025, including any future, uninterrupted renewals thereof, that
13 authorizes the sale of the same line makes, models, or classifications of
14 recreational vehicles within a specified territory that would otherwise violate
15 these provisions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 30 Original 2025 Regular Session McMath
Present law provides a process for the establishment of new dealerships and the relocation
of existing dealerships that sell motor vehicles and all-terrain vehicles.
Proposed law adds a process for the establishment of new dealerships and the relocation of
existing dealerships that sell recreational vehicles.
Proposed law requires the La. Motor Vehicle Commission to notify existing dealerships of
any application received for a new dealership or relocation of an existing dealership within
the community or territory of the proposed dealership that is proposing to sell the same line
makes, models, or classifications.
Proposed law authorizes existing dealerships that sell the same line makes, models, or
classifications that are located within a certain radius from the proposed dealership to
protest.
Proposed law authorizes dealerships outside of the radius to protest the relocation of a
recreational vehicle dealership which would add an additional franchise to an existing same
line makes, models, or classifications in a dealership's community or territory.
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Proposed law establishes a time frame that an affected dealership can protest and the
commission must make a determination.
Proposed law exempts existing dealerships that have a validly binding dealer agreement with
a manufacturer or distributor as of August 1, 2025, including any future, uninterrupted
renewals, that authorizes the sale of the same line makes, models, or classifications of
recreational vehicles within a specified territory from the provisions of proposed law.
Effective August 1, 2025.
(Adds R.S. 32:1270.30.1)
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