Louisiana 2022 2022 Regular Session

Louisiana House Bill HB1073 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 584 (HB 1073) 2022 Regular Session	Goudeau
New law creates the "Louisiana Catalytic Converter Sales Law". 
New law defines the terms "catalytic converter", "catalytic converter purchaser",
"commission", and "person". 
New law prohibits a person from doing business as a catalytic converter purchaser without
a license.  A person applying for a license pursuant to new law shall make an application in
writing.  A license issued pursuant to new law is valid for two years.
New law prohibits any person, firm, association, corporation, limited liability company, or
trust from engaging in the business of purchasing used catalytic converters without a license.
New law requires a licensed catalytic converter purchaser to hold a separate license for each
place of business where he purchases used catalytic converters.
New law requires the La. Used Motor Vehicle Commission (commission) to create a form
to be used as an application for licensure and provides the required information the form
must contain.
New law requires an applicant to sign the application and pay all applicable fees prior to
obtaining a license.  New law requires the return of licensing fees to the applicant if an
application is denied. 
New law requires that a late fee of $100, plus any fines or costs, be paid for a license
renewal, if the original license is expired prior to application for renewal.
New law requires a licensee to notify the commission within 10 days if there is a change to
its name, address, or ownership status.
New law requires any licensee that ceases to maintain a business to surrender its license to
the commission within 10 days.
New law requires the commission to indicate the business address on each license and 
requires the license holder to notify the commission if the address changes.  New law
requires the license to be posted in a conspicuous place in each place of business. 
The commission is required to promulgate rules to implement provisions of new law.
New law does not apply to either a dealer licensed by the La. Motor Vehicle Commission or
any person having only one detached catalytic converter, if he can show from where the
catalytic converter was acquired through documentation.
New law prohibits a person from possessing, obtaining, acquiring, transporting, or selling
more than one used, detached catalytic converter without providing certain documentation
to law enforcement upon request.
Information collected pursuant to new law shall be maintained for three years.  The
information shall be made available for inspection by any peace officer, law enforcement
official, or commission official at any time during that time period. 
New law requires any person who buys a used, detached catalytic converter to obtain a
signed statement from the seller attesting that the catalytic converter has been paid for or is
owned by the seller.  If the buyer fails to obtain the statement, that shall be prima facie
evidence of fraudulent intent and guilty knowledge and sufficient to warrant a conviction. 
If the buyer obtains the statement, he shall be exonerated from any fraudulent, willful, or
criminal knowledge within the meaning of new law.
A violation of new law subjects the violator to fines and imprisonment. The amount of the
fine and duration of the imprisonment increases with each subsequent violation.  Each
catalytic converter purchased in violation of new law constitutes a separate violation.  Effective August 1, 2022.
(Adds R.S. 37:1891-1896)