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Louisiana Motor Vehicle Commission Minutes

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Louisiana Motor Vehicle Commission Minutes MINUTES OF THE LOUISIANA MOTOR VEHICLE COMMISSION 3519 12th Street Metairie, Louisiana 70002 Monday, May 7, 2018 The meeting was called to order at 10:11 a.m. by Chairman Raymond J. Brandt. Present were: Chairman Raymond J. Brandt Commissioner Gregory Lala Commissioner Harold H. Perrilloux Commissioner Eric R. Lane Commissioner Stephen L. Guidry, Jr. Commissioner Kenneth “Mike” Smith Commissioner Keith P. Hightower Commissioner Keith M. Marcotte Commissioner Joseph W. “Bill” Westbrook Commissioner Donna S. Corley Commissioner Terryl J. Fontenot L. A. House, Executive Director Adrian F. LaPeyronnie, III, Counselor Gregory F. Reggie, Counselor Absent were: Commissioner V. Price LeBlanc, Jr. Commissioner Allen O. Krake Commissioner Randy Scoggin Commissioner Maurice C. Guidry Burgess E. McCranie, Jr., Counselor ***************************************************** Also, in attendance were Ricky Donnell, owner of Best Stop Auto Sales, and Commission staff: Ingya Cattle, Assistant Executive Director; Scott Landreneau, Commission Investigator Supervisors; Commission Investigators: Wayne Lee, Neil Rogers, Antoine Derouen, Kevin Brossard, Ben Guidry, Angel Blackford, and April DeBruhl; Stacey Broussard, Administrative Coordinator Supervisor; and Tim Knotts, Administrative Coordinator. ***************************************************** The Executive Director presented to the Commission Members an e-mail from James Nigel, Account Director, UniWorld Group, Inc., dated March 23, 2018, wherein Mr. Nigel requested an approval from the Commission to display Ford vehicles and a Ride and Drive at 2018 Essence Festival: “Thank you for facilitating the LMVC approval for Ford Motor Company to display vehicles at the ESSENCE Festival last year. As a returning sponsor, we are again seeking the Commission’s approval of our various vehicle needs associated with the 2018 ESSENCE Festival. Consistent with previous years, below are the details for your reference:: ! Sponsorship: Ford Motor Company is returning to 2018 Essence Festival as the exclusive automotive sponsor. Sponsorship includes rights to have static vehicle displays and consumer Ride & Drives. ! Festival Dates: July 5 through July 8 ! Locations: " Ernest N. Morial Convention Center (New Orleans, LA) - Display vehicles within the Convention Center (Ford booth) and Ride & Drives • Static Display Units: Approximately 4-5 vehicle (Model year and trim levels based on availability) • (1-2) Mustang • Expedition • F150 • Explorer • Ride & Drive Unites: Approximately 12-13 vehicles (model year and trim levels based on availability) • Expedition • Mustang • F150 • Explorer • Escape • Edge • EcoSport " Mercedes-Benz Superdome (New Orleans, LA) - (1) Ford Mustang to be used as a stage prop ! Load-in/Load out dates " Load-in: as early as 7/2/17 [sic] " Load Out: 7/9/16 [sic] ! Vendors: Both the booth and ride & drives will be managed by a 3rd Party Event Management Company hired by UniWorld Group (UWG), an agent of Ford Motor Company. As in previous years, no Ford dealers will be engaged to have consumer interaction at the Festival, nor will dealer material or product brochures be distributed without the commission’s approval. If you are no longer responsible for this request, could you please forward to the correct contact. Thank you in advance for your assistance, and please contact me with any questions.” LMVC.05.07.18.#1 After a brief discussion, Commissioner Westbrook made a motion to approve Ford Motor Company’s request as presented, conditioned upon the Law and the Rules and Regulations promulgated by this Commission being strictly adhered to and all representations made in the request email of March 23, 2017, remaining constant. Commissioner Fontenot seconded this motion and it was unanimously approved. ***************************************************** At this time, Counselor McCranie reported to the Commission Members regarding the 2018 Regular Session of the Louisiana Legislature and the bills affecting the Commission. SB 62 - Senators Martiny & Henry - Re-creates entities transferred to or placed within the office of the governor. • Passed the Senate and passed to the third reading in the House SB 104 - Senators Allain & Carmody - Provides relative to certain manufacturers of marine products. • Passed the Senate and passed to the third reading in the House SB 126 - Senators Martiny & Coussan - Provides relative to recall repairs as relates to motor vehicles • Enrolled, awaiting signature of the Governor SB 469 - Senators Ward & Miguez - Provides relative to towable equipment. • Passed the Senate, reported favorably from committee on House Transportation and sent to the Legislative Bureau SB 260 - Senators Milkovich & Jenkins - Provides relative to disciplinary hearins by professional and occupational licensing boards and commissions. • Passed the Senate, reported favorably from committee as amended House and Governmental Affairs and sent to the Legislative Bureau HB 189 - Representatives Wright & Donahue - Provides for processes, including agency review and public comment, to identify agency rules that may be contrary to law. Outdated, unnecessary, overly complex, or burdensome. • Reported favorably from committee on Senate and Governmental Affairs, set on the Senate Orders, and sent to the Legislative Bureau ***************************************************** The Chairman and the Executive Director reported to the Commission Members a meeting had been held on March 23, 2018 at the request of and with Ron Duplessis, Commissioner of the Louisiana Used Motor Vehicle Commission. The Chairman and the Executive Director stated Mr. Duplessis purpose for the meeting was to discuss advertising rules and the need for a joint task force (LMVC & LUMVC) to review the LMVC advertising rules. The Chairman acknowledged Ricky Donnell, Commissioner for the Louisiana Used Motor Vehicle Commission (LUMVC). LUMVC Commissioner Donnell addressed the Commission stating Mr. Duplessis had not seeked the meeting at the request of the LUMVC board but on his own accord. A lengthy discussion ensued, and at its conclusion, Chairman Brandt appointed Commissioner LeBlanc, Commission Krake, and Commissioner Maurice Guidry to serve on the task force, if one is formed. ***************************************************** In the matter, Elio Motors, Inc. v. Louisiana Motor Vehicle Commission, 24TH JDC, Jefferson Parish, Case No. 775-320, Div. “C”, Counselor LaPeyronnie reported to the Commission Members: ! January 30, 2018, Elio Motors, Inc. had filed a Brief In Support of Elio Motors, Inc.’s Petition for Judicial Review. ! The deadline for the LMVC to file Judicial Review Brief with the 24th Judicial District Court in Parish of Jefferson would be March 14, 2018. ! Oral Argument of the Judicial Review is set for March 27, 2018. ***************************************************** Counselor LaPeyronnie advised the Commission Members oral arguments were scheduled for March 7, 2018 in the matter of Wholesale Auto Group v Louisiana Motor Vehicle Commission, No. 17-CA-613, Fifth Circuit, Court of Appeal, State of Louisiana. ***************************************************** The Executive Director advised the Commission Members a pre-hearing had been held on April 17, 2018, pursuant to LSA-R.S. 49:961C, regarding Hearing #2017-044, Hyundai Motor America Corporation (AKA Hyundai Motor America), 1421 South Beltline Road, Suite 400, Coppell TX 75019 and Hyundai Motor America Corporation (aka Hyundai Motor America), 10550 Talbert Avenue, Fountain Valley, CA 92708, for alleged violations of LSA-R.S. 32:1254.A.(4), C.(12), D.(4)(b), & D.(7); LSA-R.S. 32:1261.A.(1)(a)(iv) & (v), & (h) and Louisiana Administrative Code Title 46. Part V. Subpart 1. Chapter 5 Motor Vehicle Salesmen; Dealers; Distributors §513. License Prior to Shipment (A). In attendance representing Hyundai Motor America Corporation and Genesis was George Denegre, Jr., Esq. Scott Golden, Esq., Will Hernandez, Esq., Erwin Raphael, General Manager of Genesis, and Brian O’Malley, Dealer Development; and representing the Commission were: Acting Chairman Bill Westbrook; Counselor Gregory F. Reggie; Ingya Cattle, Assistant Executive Director; and the Executive Director. The Executive Director advised the Commission Members the following Consent Judgment had been recommended by Acting Chairman Westbrook and accepted by the representatives of Hyundai Motor America Corp., if accepted and ratified by the Commission. Commissioner Stephen Guidry made a motion to accept and ratify the Consent Judgment in this matter. Commissioner Fontenot seconded this motion and it was unanimously approved. IN RE: Hearing #2017-044 Hyundai Motor America Corporation (aka Hyundai Motor America) 1421 South Beltline Road, Suite 400 Coppell TX 75019 and Hyundai Motor America Corporation (aka Hyundai Motor America) 10550 Talbert Avenue Fountain Valley, CA 92708 Alleged violations of LSA-R.S. 32:1254.A.(4), C.(12), D.(4)(b), & D.(7); LSA-R.S. 32:1261.A.(1)(a)(iv) & (v), & (h) and Louisiana Administrative Code Title 46. Part V. Subpart 1. Chapter 5 Motor Vehicle Salesmen; Dealers; Distributors §513. License Prior to Shipment (A) CONSENT JUDGMENT LMVC.05.07.18.#2 The Louisiana Motor Vehicle Commission has determined that Hyundai Motor America has distributed the Genesis line-make in the State of Louisiana without having first secured the required distributor license and after considering the entire record in this matter and the interest of the parties in amicably resolving this issue, the
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