Louisiana 2023 2023 Regular Session

Louisiana House Bill HB547 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 547 Engrossed	2023 Regular Session	Riser
Abstract:  Provides procedures for the La. Used Motor Vehicle Commission to regulate catalytic
converter dealer licenses and catalytic converter purchases and sales.
Proposed law changes the following:
(1)"Catalytic Converter Purchasers" to "Catalytic Converter Transfers"
(2)"Louisiana Catalytic Converter Sales Law" to "Louisiana Catalytic Converter Transfer Law"
 
(3)"catalytic converter purchaser" to "catalytic converter dealer" 
(4)"catalytic converter business license" to "catalytic converter dealer license"
Present law provides that a licensed person may buy detached catalytic converters.  
Proposed law provides that a licensed person may purchase or sell used or detached catalytic
converters.
Present law defines "person". 
 Proposed law retains present law and expands the definition of "person" to include a natural person,
juridical person, firm, association, trust, and transient merchant.
Present law requires a person to be licensed in order to sale or purchase catalytic converters.
Proposed law retains present law and requires that a person also have either an occupational license
if it is required in the jurisdiction where the business is located or a transient merchant license.
Proposed law provides that the La. Used Motor Vehicle Commission ("commission") may deny an
application for licensure for certain reasons.
Proposed law provides that the commission may revoke or suspend a license, issue a fine or penalty,
or enjoin a catalytic converter dealer under certain circumstances. 
Proposed law provides that the commission is required to notify each license applicant of the action
or application decision taken by the commission. Proposed law provides that the commission shall hold review of an application denial if an applicant
properly requests a hearing in writing and in a reasonable time. Proposed law further provides
procedures for notices issued by the commission and hearings held by the commission.
Proposed law provides for appeal procedures for applicants or licensees upon denial, revocation, or
suspension of a license.
Proposed law authorizes the commission to institute injunctive actions or impose civil penalties for
certain violations. 
Proposed law provides that a business location of a catalytic converter dealer is considered
abandoned under certain circumstances.  Proposed law further provides that the license of the dealer
may be revoked without a hearing if a request for a hearing is not made in a timely manner as
provided in proposed law. 
Present law provides for an exemption from present law for a person who is in possession of one
used catalytic converter if the person has documentation that the catalytic converter was acquired. 
Proposed law provides that a person is exempt if the person owns the vehicle from which the used
catalytic converter was detached.
Present law requires an unlicensed person to provide certain documentation if the person is in
possession of a catalytic converter.
Proposed law adds that the person must also provide the year, make, model, and VIN of the vehicle
from which the catalytic converter was detached.
Present law provides certain criminal penalties for an unlicensed catalytic converter purchaser. 
Present law further provides that the amount of the fee and duration of the imprisonment increases
with each subsequent violation, and each catalytic converter purchased in violation of proposed law
constitutes a separate violation.
Proposed law retains present law and adds that a catalytic converter seller or anyone who provides
false information or documentation in violation of present law will be subject to criminal penalty.
(Amends R.S. 37:1891, 1892(2) and (4), 1893(A), (B), (C)(1) and (4)(a), (d), and (e), and (E),
1894(2), 1895(A)(intro. para.) and (C), and 1896(A) and (D); Adds R.S. 37:1893.1-1893.6) and
1895(A)(7)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Make technical changes.