2011 Louisiana Laws
Revised Statutes
TITLE 47 — Revenue and taxation
RS 47:532.1 — Public license tag agents; auto title companies; rules and regulations; surety bonds; fees


LA Rev Stat § 47:532.1 What's This?

§532.1. Public license tag agents; auto title companies; rules and regulations; surety bonds; fees

A.(1) The commissioner may establish a system of public license tag agents to collect the registration license taxes authorized by this Chapter. The system shall consist of municipal and parish governing authorities or new motor vehicle dealers or their agents licensed pursuant to the provisions of R.S. 32:1254 and authorized auto title companies pursuant to the provisions of R.S. 32:735 et seq.

(2)(a) The commissioner shall make and publish rules and regulations for the issuance of the registration licenses, for the collection of the registration license taxes, and for the implementation and governing of a system of public license tag agents.

(b) The rules and regulations to be adopted by the commissioner shall not be drafted in such a manner as to require more than two thousand transactions in any twelve-month period by an auto title company in order for such auto title company to qualify as a public license tag agent.

(3) The commissioner shall promulgate rules and regulations to require all public license tag agents other than municipal and parish governing authorities to furnish security for the faithful performance of their duties as follows:

(a) Each public license tag agent other than a municipal governing authority shall execute a good and sufficient surety bond with a surety company qualified to do business in Louisiana as surety, in a sum of not less than ten thousand dollars nor more than one hundred thousand dollars, if surety bond is available for purchase, which bond shall name the Department of Public Safety and Corrections, office of motor vehicles as obligee and shall be subject to the condition that, if such public license tag agent shall, throughout the entire term of the bond, timely file with the office of motor vehicles all applications delivered to such public tag agent for filing, and all fees and taxes collected by such public license tag agent, the obligation shall be void. If the company does not do so, the obligation of the surety shall remain in full force and effect. A public license tag agent having multiple locations need furnish only a single ten thousand dollar surety bond in addition to any other bonds required by law.

(b) The surety bond furnished pursuant to this Paragraph shall be delivered to and filed with the Department of Public Safety and Corrections, office of motor vehicles.

(4) The commissioner and public license tag agents other than municipal and parish governing authorities may enter into contracts which shall state the required procedures for the implementation of this Section. Such contracts may terminate upon violation of the foregoing provisions.

(5) An annual fee may be assessed by the commissioner provided that such fee does not exceed one hundred dollars and is adopted in accordance with the Administrative Procedure Act.

(6) No elected state official or employee of the state shall be allowed to become a public license tag agent.

(7)(a) Public license tag agents may collect the registration license taxes authorized by this Chapter, as well as applicable sales and use taxes, and issue registration certificates and license plates to vehicles and motor vehicles.

(b) Public license tag agents shall also be authorized to receive and process applications filed for certificates of title, duplicate certificates of title, corrected certificates of title, recordation of liens, mortgages, or security interests against motor vehicles, conversion of plate, transfer of plate, replacement of lost or stolen plates, replacement of lost or stolen stickers, renewals of registration, duplicate registration; to contract with the Department of Public Safety and Corrections, office of motor vehicles, for the administration of an electronic media system which will permit the voluntary recording of vehicle title information and security interest notification; and to contract with the Department of Public Safety and Corrections, office of motor vehicles, to administer knowledge and skills tests to applicants for the issuance of Class "D" or "E" drivers' licenses, and to issue drivers' licenses as provided by law.

(c) Public license tag agents shall also be authorized to provide information on the status of registration privileges and to process reinstatements of driving and motor vehicle registration privileges when these privileges were revoked due to the failure to maintain the compulsory motor vehicle liability security or the failure to provide proof of such security. Public license tag agents shall be authorized to charge a convenience fee not to exceed eighteen dollars, to provide information on the status of registration privileges and a fee not to exceed eighteen dollars per reinstatement, provided that the fees are disclosed immediately to the consumer prior to the initiation of the transaction, and the fees are posted in a conspicuous manner in the business office of the public license tag agent.

(d) The commissioner may authorize public license tag agents to process additional applications or transactions.

B. The system of public license tag agents shall be in addition to the offices of the commissioner delegated to collect the registration license taxes.

C. Public license tag agents shall be authorized to collect a convenience fee in addition to the registration license tax. The convenience fee shall not exceed eighteen dollars per license. However, the public license tag agents shall collect and retain the full amount of the convenience fee. The seller is authorized to charge the convenience fee authorized by this Subsection in connection with any retail sale, in addition to the fees authorized in Chapter 10-B of Title 6 of the Louisiana Revised Statutes of 1950.

D.(1) Each public license tag agent approved by the office of motor vehicles shall disclose information to the consumer that a license tag may be purchased at the office of motor vehicles without payment of the convenience fee.

(2) Itemization of this convenience fee in compliance with federal laws regarding truth and lending shall be considered compliance with this Section.

Added by Acts 1977, No. 405, §1; Acts 1989, No. 152, §1; Acts 1993, No. 469, §1; Acts 1993, No. 737, §2; Acts 1995, No. 150, §1; Acts 1997, No. 952, §1; Acts 1997, No. 1026, §1; Acts 1999, No. 458, §2; Acts 1999, No. 586, §1; Acts 1999, No. 1276, §2; Acts 2001, No. 590, §1; Acts 2006, No. 409, §2; Acts 2008, No. 290, §1.

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