Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHCAHB848 4875 2173 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.byHouse Committee on Commerce to Original House Bill No.
848 BYby REPRESENTATIVERepresentative DEWITTDewitt ANAMENDMENT ACTNO. To amend and reenact R.S.
32:1252(1)1 andOn (9)page and2, 1254(E)(5)(a)delete lines 14 through 16 in their entirety and toinsert enactthe R.S.following:
32:1254(E)(5)(c)and1270.11(2)(k),relativetomotorvehicledealers;toprovidefor"parts definitions;and accessories for that repair and servicing, which may be satisfied by any of the following:
to(i) provideFacilities forlocated licensingrequirementsforin motorthe vehicleandrecreationalbuilding productsor dealers;structure where the applicant's establishedbusinessisconductedorwithinonethousandfeetoftheestablishedplace of business.
to(ii) provideA forwritten contractual agreement with a third-party repair facilitiesfacility forthat all-terrainis vehicleequippedandqualifiedtoperformsuchrepairandservicing,locatedwithinthisstate dealers;and within a radius of fifty miles of the dealer's established place of business, or within a reasonable distance such that service can be provided within five business days.
to(iii) provideA formanufacturer-authorized unauthorizedservice acts;provider." AMENDMENT NO.
2 Onpage2, line24, after"facilities"deletetheremainderofthelineandline25initsentirety and toinsert providein forlieu relatedthereof matters."or otherwise comply with the requirements of R.S.
Be32:1254(E)(5)(c)." itPage enacted1 by the Legislature of Louisiana:1 CODING:
Section 1.
R.S.
32:1252(1) and (9) and 1254(E)(5)(a) are hereby amended and reenacted and R.S.
32:1254(E)(5)(c) and 1270.11(2)(k) are hereby enacted to read as follows:
§1252.
Definitions The following words, terms, and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this Section, except where the context clearly indicates a different meaning:
(1) "All-terrainvehicle"shallmean meansanyvehiclemanufacturedforoff- road use and issued a manufacturer's statement or certificate of origin, as required by the commission, that cannot be issued a registration certificate and license to operate on the public roads of this state because, at the time of manufacture, the vehicle does not meet the safety requirements prescribed by R.S.
32:1301 through 1310.
This includes vehicles that are issued a title by the Department of Public SafetyandCorrections,publicsafetyservices,suchasgolfcartsandrecreationaland sportsvehicles,butitshalldoesnotincludeoff-roadvehiclesusedforfarmpurposes, farm equipment, electric-assisted bicycles, or heavy construction equipment.
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HB NO.
848 ENROLLED (9) "Dealer" means any person licensed to sell a motor vehicle, specialty vehicle, or recreational product subject to regulation by this Chapter.
"Dealer", for purposes of all-terrain vehicles and golf carts, includes any person, business, or entity that sells, offers for sale, or distributes such vehicles at retail, regardless of whether that person or entity is primarily engaged in another line of business.
* * * §1254.
Application for license;
requirements for licensure;
contents;
licenses;
franchise filings;
exceptions * * * E.
Additional licensingand compliance requirements for motor vehicle and recreational products dealers.
* * * (5)(a) Theapplicantmustalsofurnishsatisfactoryevidencethattheapplicant maintains adequate space in the building or structure wherein the applicant's established business is conducted for the display of new motor vehicles or recreational products, together with adequate facilities for the repair and servicing of motor vehicles or recreational products and the storage of new parts and accessories for the repair and servicing.
For purposes of this Subparagraph, "adequate facilities for the repair and servicing" means facilities sufficient to reasonablysupportwarrantyservice,maintenance,andrepairobligations associated with the recreational products sold bythe dealer.
* * * (c)(i) A dealer of all-terrain vehicles, including golf carts, shall have adequate facilities for the repair and servicing of all-terrain vehicles and the storage of new parts and accessoriesfor that repairand servicing, which maybe satisfied by any of the following:
(aa) Adequatefacilitiesfortherepairandservicingofall-terrainvehiclesand the storage of new parts and accessories for that repair and servicing located in the building or structure where the applicant's established business is conducted or within one thousand feet of the established place of business.
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HB NO.
848 ENROLLED (bb) An agreement with a third-party warranty service provider that is equipped and qualified to performthatrepairandservicing, located within this state and within a radius of forty miles of the dealer's established place of business.
The dealershallmakeavailabletothepurchaserapplicablewarrantyinformationrelating to the vehicle.
(cc) An agreement with the manufacturer to provide an opportunity to the consumer to obtain service from a warranty-authorized service provider.
The dealer shallmakeavailableto thepurchaserapplicablewarrantyinformationrelatingtothe vehicle.
(dd) A manufacturer-authorized service provider.
(ii) Prior to the execution of any sale or financing agreement for an all-terrain vehicle, a dealer of all-terrain vehicles including golf carts shall provide written disclosure to the purchaserif warrantyrepair and service for that vehicle are to be performed primarily by a remote service facility pursuant to a contractual arrangement with another entity.
That purchaser shall acknowledge receipt of the disclosure in writing prior to completion of the sale, and that dealer shall retain a copyof that acknowledgment in its records for three years or until expiration of the warranty, whichever is lesser.
That disclosure shall include all of the following information:
(aa) The name and physical address of the remote serviceand repair facility.
(bb)Theapproximatedistancebetweenthedealershipandtheremoteservice and repair facility.
(cc) A statement advising the purchaser that certain warranty repair and services may require transportation of the vehicle to the remote service facility.
(iii) Adealershallnotbeliableforanysubsequentchangeintheavailability, location,authorization,ownership,oroperationalstatusofamanufacturer-authorized serviceprovider or third-partywarrantyservice provider identified in the disclosure required by this Item (ii) of this Subparagraph, if that dealer acted in good faith and supplied accurate information at the time of sale.
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HB NO.
848 ENROLLED §1270.11.
Unauthorized acts It shall be a violation of this Part:
* * * (2) For a motorcycle or all-terrain vehicle dealer, used motorcycle or all- terrain vehicle dealer, or a motorcycle or all-terrain vehicle salesman:
* * * (k)Foradealerofall-terrainvehicles,includinggolfcarts,tofailtomaintain repairfacilitiesorotherwisecomplywiththerequirementsofR.S.32:1254(E)(5)(c).
* * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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