Creates the Louisiana New and Used Motor Vehicle Commission
Creates the Louisiana New and Used Motor Vehicle Commission
House Bill 939 enacts Chapter 6-B of Title 32 of the Louisiana Revised Statutes, creating the Louisiana New and Used Motor Vehicle Commission by merging the existing Louisiana Motor Vehicle Commission and Louisiana Used Motor Vehicle Commission into a single regulatory entity. The new unified commission receives all powers, duties, and functions previously held by both predecessor commissions and shall operate pursuant to recommendations from the Louisiana Motor Vehicle Commission and Louisiana Used Motor Vehicle Merger Study Task Force. The legislation establishes the commission's authority to license and regulate numerous motor vehicle-related occupations including used motor vehicle dealers, manufacturers, distributors, crushers, parts dealers, recyclers, brokers, and lessors, among others. The statute also defines the commission's enforcement powers, licensing procedures, and administrative mechanisms for implementing the merger.
The practical effect of this legislation impacts motor vehicle dealers, salespersons, manufacturers, distributors, and related businesses that fall under the commission's licensing jurisdiction. These entities must comply with the unified commission's inspection requirements, maintain records for three years, and submit to inspections by peace officers or commission agents during reasonable business hours. The commission gains expanded authority to take possession of and distribute certificates of title when dealers fail to deliver them to rightful owners, and the executive director may endorse titles on behalf of unavailable dealers and pursue legal action to recover attorney fees from responsible parties. Licensees facing violations may be subject to hearings before the commission, where it may revoke or suspend licenses, impose civil penalties, assess restitution, or issue cease and desist orders. The commission also obtains sole and exclusive authority to administer all claims against licensee bonds and may establish administrative fees to support its operations.
The statute operates within Louisiana's existing motor vehicle regulatory framework established in Title 32 of the Revised Statutes, particularly interacting with R.S. 32:705 and R.S. 32:710 regarding certificate of title requirements and floor plan financing arrangements. The merger also references and incorporates provisions from Title 37, Chapter 21, Part II-B concerning catalytic converter dealers. Section 2 directs the Louisiana State Law Institute to make technical conforming changes throughout Louisiana law to reflect the commission merger and eliminate references to the now-defunct predecessor commissions. Section 3 requires both predecessor commissions to complete administrative rulemaking before the effective date and designates the new commission as the successor entity responsible for all pending or unfinished business of both prior commissions, ensuring continuity of regulatory operations and protection of licensee rights during the transition.
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