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Louisiana advances bill to require destruction of flooded vehicles

The Louisiana Senate has approved a bill that would require vehicles totaled by water damage during Hurricanes Katrina and Rita to be destroyed.

Senators meeting in special session voted 20-17 Sunday, Nov. 20, to approve the one-of-a-kind bill that would require any vehicle totaled as a result of a flood to receive a newly created “certificate of destruction” and be crushed or dismantled. The bill – HB11 – now heads back to the state’s House for final approval before heading to Gov. Kathleen Blanco’s desk.

The Senate commerce panel amended the bill to exclude vehicles with a gross weight in excess of 20,000 pounds. However, the provision was later taken out on the Senate floor.

Existing Louisiana law requires flooded vehicles to receive a “salvage certificate” and that the damage be noted on the titles.

Bill supporters said if the 300,000 waterlogged vehicles from the 2005 hurricane season re-enter the market, buyers could face unscrupulous salesmen and major vehicle trouble.

“I’ve been in the automobile business 26 years,” Rep. MJ “Mert” Smiley Jr., the bill’s sponsor, told The Associated Press. “People will take advantage of times like this.”

Damaged vehicles would have their frames and electrical systems dismantled and crushed while certain parts could be refurbished or resold.

Smiley, R-St. Amant, said only vehicles that have been than 75 percent ruined by a natural disaster declared by the governor or president would be covered under the measure.

Anyone who fails to abide by the rule could get up to six months in jail and/or up to a $5,000 fine, as well as at least 80 hours of community service.

A related bill would allow the disposal of vehicles that are a total loss due to damages from a gubernatorial declared disaster or emergency to be disposed of through the Louisiana Artificial Reef Program.

The bill – HB129 – is in the House Commerce Committee.

All legislation must advance from the Legislature prior to the end of session Tuesday, Nov. 22.

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