CATALYTIC CONVERTER TRANSFERS
December 13, 2021 – Monthly Commission meeting
December 9, 2021RS 37:1891-1893 & RS 37:1894-1896
§1892. Definitions
For purposes of this Part, the following words have the following meanings:
(1) “Catalytic converter” means an exhaust emission control device that reduces toxic gas and pollutants from internal combustion engines.
(2) “Catalytic converter dealer” means a person licensed by the commission to purchase or sell used or detached catalytic converters pursuant to the provisions of this Part.
(3) “Commission” means the Louisiana Used Motor Vehicle Commission.
(4) “Person” means any natural or juridical person and includes any firm, association, corporation, limited liability company, partnership, trust, or two or more natural or juridical persons having a joint or common interest. “Person” also includes a transient merchant as defined by R.S. 37:1901.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
§1893. License required; application
A.(1) No person shall do business as a catalytic converter dealer in this state without having first obtained a catalytic converter dealer license from the commission and either of the following:
(a) An occupational license from a local government if an occupational license is required in the jurisdiction where the business is conducted.
(b) A transient merchant license pursuant to R.S. 37:1902.
(2) Any person desiring a license as a catalytic converter dealer shall make an application in writing, specifying the address of the building where the business is to be carried on. A license issued pursuant to this Part shall be valid for two years.
B.(1) It shall be unlawful for any person to engage in the business of purchasing or selling used or detached catalytic converters in this state without first obtaining a license as required by this Section unless the person acquired the catalytic converter from the owner of the vehicle in the normal course of business.
(2) Any person who engages in the business of purchasing or selling used or detached catalytic converters pursuant to this Section shall obtain and hold a current license to engage in the business of purchasing or selling used or detached catalytic converters.
C.(1) The commission shall create a form to be used as an application for licensure as a catalytic converter dealer and shall provide the form to an applicant.
(2) The commission shall require all of the following information in the application:
(a) The name of the applicant.
(b) The street address of applicant’s principal place of business and each additional place of business.
(c) The type of business organization of applicant.
(d) Whether the applicant has an established place of business and is engaged in the pursuit, avocation, or business for which each license is applied.
(e) Whether the applicant is able to properly conduct the business for which each license is applied.
(f) Any other pertinent information consistent with the safeguarding of the public interest and the public welfare.
(g) Any other information the commission deems necessary to enable it to fully determine the qualifications and eligibility of the applicants to receive a license.
(3) The applicant shall sign the application prior to submission to the commission.
(4)(a) Upon submission of an application, an applicant shall pay all applicable fees in accordance with R.S. 32:791(D). If an application is denied and the license is not issued, the commission shall return all licensing fees to the applicant.
(b) Any licensee that submits a renewal application after the expiration date of an existing license shall be subject to a late penalty of one hundred dollars in addition to any penalty, fine, or cost assessed for operating without a license which shall be paid to the commission.
(c) Any licensee having a previous license shall be presumed to be a renewal applicant.
(d) Any licensee that changes its name, mailing address, or ownership shall notify the commission within ten calendar days of the change. Failure to timely notify the commission of a change of name, mailing address, or ownership shall be in violation of this Part.
(e) Any licensee that ceases to maintain its business locations shall surrender its license to the commission within ten calendar days. Failure to timely surrender the license shall constitute a violation of this Part.
D. The commission shall specify the location of the place of business on each license issued. If the business location is changed, the commission shall be notified immediately of the change and the commission may endorse the change of location on the license without charge. The license shall be posted in a conspicuous place in each place of business.
E. The commission may promulgate rules to implement the provisions of this Section.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
§1894. Exceptions
The provisions of this Part shall not apply to either of the following:
(1) A dealer licensed by the Louisiana Motor Vehicle Commission.
(2) A person possessing not more than the used detached catalytic converters from one vehicle owned by the person.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
§1895. Requirements of purchaser and seller; recordkeeping
A. Except as otherwise provided for in this Section, it is unlawful for any person not licensed as a dealer by the commission pursuant to this Chapter to possess, obtain, or otherwise acquire, transport, or sell more than the used or detached catalytic converters from one vehicle owned by the person or any nonferrous part of a catalytic converter without providing all of the following documentation to law enforcement upon request:
(1) The name and address of the residence or place of business of the person required to either keep the register and file reports or electronically maintain the data and generate the requested reports.
(2) The date and place of each purchase.
(3) The name and address of the person or persons from whom the material was purchased, including the distinctive number of each person’s Louisiana driver’s license, driver’s license from another state, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. If the person cannot produce any form of identification as provided for in this Paragraph at the time of purchase, the purchaser shall not complete the transaction.
(4) The motor vehicle license number of the vehicle or conveyance on which such material was delivered.
(5) A full description and photograph of all such material purchased.
(6) A picture of the person from whom the material was purchased.
(7) The year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was detached.
B. All information obtained pursuant to Subsection A of this Section shall be kept for a period of three years and shall be made available for inspection by any peace officer, law enforcement official, or commission official at any time during the three-year period.
C. Any person who purchases a used or detached catalytic converter shall obtain a signed statement from the seller prior to the purchase attesting that the catalytic converter has been paid for or is owned by the seller. A failure of the purchaser to obtain a statement from the seller shall be prima facie evidence of the fraudulent intent and guilty knowledge on the part of the purchaser within the meaning of this Part and shall be sufficient to warrant a conviction. A purchaser who obtains the required statement from the seller shall be exonerated from any fraudulent, willful, or criminal knowledge within the meaning of this Chapter.
D. It is unlawful to provide any false, fraudulent, altered, or counterfeit information or documentation as required by this Section.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
§1896. Failure to comply; criminal penalty
A. Anyone acting as an unlicensed catalytic converter purchaser or seller who obtains, possesses, acquires, or transports used or detached catalytic converters or who provides false, fraudulent, altered, or counterfeit information or documentation in violation of the provisions of this Part shall be fined not less than five hundred dollars and be imprisoned not less than thirty days nor more than sixty days per violation as provided for in Subsection D of this Section.
B. For a second offense, the violator shall be fined not more than two thousand dollars and be imprisoned with or without hard labor for not more than two years per violation as provided for in Subsection D of this Section.
C. For a third or subsequent offense, the violator shall be fined not more than ten thousand dollars and be imprisoned with or without hard labor for not more than five years per violation as provided for in Subsection D of this Section.
D.(1) Each unlawfully obtained, possessed, or transported used or detached catalytic converter is a separate violation that subjects the individual or entity to a separate charge.
(2) Each fraudulent, altered, or counterfeit information or documentation is a separate violation that subjects the individual or entity to a separate charge.
(3) Upon conviction, the court may order the individual or entity to pay restitution for the value of the repair and replacement of the catalytic converter or be held liable as otherwise provided by law.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
