Current with changes from the 2024 Legislative Session
Section 37:1895 - Requirements of purchaser and seller; recordkeepingA. 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.Amended by Acts 2023, No. 373,s. 1, eff. 8/1/2023.Added by Acts 2022, No. 584,s. 1, eff. 8/1/2022.