The bill enacts a new section, R.S. 32:1253.1, into the Louisiana Motor Vehicle Commission Law, establishing a private right of action for trade associations. This provision allows a trade association, which must be primarily composed of at least one hundred licensed motor vehicle dealers and have at least one member with a valid license, to bring or intervene in legal actions on behalf of its members. The association must also demonstrate that the interests it seeks to protect are relevant to its purpose and that the claims do not require individual member participation.
Additionally, the bill outlines the remedies available to a prevailing trade association, which include declaratory relief, injunctive relief, and the recovery of reasonable costs and attorney fees. Actions can be initiated before the commission or in any district court with competent jurisdiction. The bill will take effect upon the governor's signature or, if not signed, after the designated period for bills to become law without a signature, as stipulated in the Louisiana Constitution.
Statutes affected: SB102 Original: 32:1254(C)(11)