Amendment vs bill Senate Floor Amendment, #4183, Cloud, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SFAHB848 2810 4183 SENATE FLOOR AMENDMENTS Regular Session Amendments proposed by Senator Cloud to Reengrossed House Bill No.
848 BY REPRESENTATIVE DEWITT AN ACT To amend and reenact R.S.
848 by Representative Dewitt AMENDMENT NO.
32:1252(1) and (9) and 1254(E)(5)(a) and to enact R.S.
1 On page 1, line 2, after "and (9)" and before "and to" insert "and 1254(E)(5)(a)" AMENDMENT NO.
32:1254(E)(5)(c)and1270.11(2)(k),relativetomotorvehicledealers;toprovidefor definitions;
2 On page 1, line 8, after "and (9)" and before "are" insert "and 1254(E)(5)(a)" AMENDMENT NO.
to provide for licensingrequirementsfor motor vehicleandrecreational products dealers;
3 On page 2, delete line 16 and insert:
to provide for repair facilities for all-terrain vehicle dealers;
"(5)(a) The applicant must also furnish satisfactory evidence that the applicant 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, togetherwithadequatefacilitiesfortherepairandservicingofmotorvehiclesorrecreational products and the storage of new parts and accessories for the repair and servicing.
to provide for unauthorized acts;
For purposes of this Subparagraph, "adequate facilities for the repair and servicing" means a bona fide service facility that is fully equipped, maintained, and available to perform warranty, routine maintenance, diagnostics, and commonly-required repairs on all-terrain vehicles sold by the dealer during normal business hours.
and to provide for related matters.
These facilities shall not consist solely of a location for the intake, storage, or transfer of vehicles to another location for repair or servicing and shall not rely primarily on the shipment of vehicles outside of the local service area for repair." AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
4 On page 2, delete lines 27 through 29 and insert "and within a radius of twenty-five miles of the dealer's established place of business." AMENDMENT NO.
Section 1.
5 On page 3, delete line 1 Page 1 of 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.
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(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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