Louisiana § RS 30:2064 - Louisiana Automobile Retirement Act

§ RS 30:2064. Louisiana Automobile Retirement Act

A.(1)  The provisions of this Section shall be known as, and may be cited as, the "Louisiana Automobile Retirement Act".

(2)  As used in this Section, the following words shall have the following meanings ascribed to them:

(a)  "Motor vehicle" means any car, truck, or van manufactured prior to 1972.  Motor vehicle does not include motorcycles, off-road vehicles, antique cars, collector vintage cars, classic cars, or any other collector vehicle.

(b)  "Department" means the Louisiana Department of Environmental Quality acting through the appropriate office as designated by the secretary.

(c)  "Program" means the program for purchasing and disposing of certain motor vehicles which is established in this Section.

B.  The purpose of this Section is to promote clean air in Louisiana by encouraging the voluntary retirement of motor vehicles which were manufactured prior to 1972 and which therefore are not subject to federal emissions standards.

C.  The provisions of this Section shall be administered by the department.

D.  The department may adopt administrative rules to implement the provisions of this Section.  The rules shall be adopted in accordance with the Administrative Procedure Act.

E.  In accordance with rules adopted pursuant to Subsection D, the department shall:

(1)  Use the funds which are available under the provisions of Subsection G to purchase motor vehicles which were manufactured prior to 1972 provided such motor vehicles are operable and are registered with the Louisiana Department of Public Safety and Corrections.

(2)  Establish a schedule of prices which the department  will pay for the motor vehicles which the department purchases through the program.  The maximum price which the department  may pay for a motor vehicle shall be seven hundred dollars.

F.  In accordance with rules adopted pursuant to Subsection D, the department shall dispose of motor vehicles purchased through the program.  The rules shall provide:

(1)  The department may sell the motor vehicles for the purpose of being crushed or shredded and the materials recycled.  Sales shall be at public auction to the highest responsible bidder.  Antique and collector car clubs who submit the name and address of their club on a self-addressed, stamped envelope to the department shall be notified in writing at least ninety days prior to any public auction of the date, place, and time of the auction.

(2)  The department may dispose of the motor vehicles in accordance with rules adopted under the provisions of Subsection D.

G.(1)  The department may seek and accept donations from any source, public or private, to provide funds for the program.

(2)  State funds shall not be expended or appropriated for the program.  The program shall be operated entirely from self-generated revenues and from donations made to the program as provided in this Subsection.

Acts 1992, No. 670, §1; Acts 1999, No. 303, §1, eff. June 14, 1999.