HLS 10RS-1531 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 838
BY REPRESENTATIVE RICHARD
MTR VEHICLE/DISMANTLERS: Requires reporting by salvage yards of vehicles without
gas tanks to the local sheriff
AN ACT1
To enact R.S. 32:809, relative to motor vehicles; to require every dismantler and parts2
recycler, motor vehicle crusher, or scrap metal processor that purchases a motor3
vehicle without the gas tank at the time of the sale to forward notice of the purchase4
to the local law enforcement office for the parish where the sale occurred; to require5
record retention; to provide for the information required to be reported; to require an6
affidavit from the seller of how and where the gas tank was disposed; to establish a7
criminal penalty for failure to file a report and affidavit; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 32:809 is hereby enacted to read as follows: 11
ยง809. Purchase of motor vehicle without a gas tank12
A. Every dismantler and parts recycler, motor vehicle crusher, or scrap metal13
processor that purchases a motor vehicle without the gas tank at the time of the sale14
shall be required to deliver an originally signed report to the chief of police of the15
municipality or the sheriff of the parish in which the sale occurred, as appropriate,16
on a form provided by the police department or sheriff's office, within twenty-four17
hours of the transaction. A copy shall be retained by the dismantler and parts18
recycler, motor vehicle crusher, or scrap metal processor on the business premises19
for a period of at least three years and shall be made available to federal, state, and20
local law enforcement and regulatory agencies upon request.21 HLS 10RS-1531 ORIGINAL
HB NO. 838
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. These reports shall include but not be limited to the following items of1
information:2
(1) A complete and accurate description of the motor vehicle including the3
following information:4
(a) Make.5
(b) Model.6
(c) Year.7
(d) Vehicle identification number.8
(2) Name, full address, and telephone number of the dismantler and parts9
recycler, motor vehicle crusher, or scrap metal processor handling the transaction.10
(3) Name, full address, and telephone number of seller.11
(4) The distinctive number of the seller's Louisiana driver's license, driver's12
license from another state, passport, military identification, or identification issued13
by a governmental agency or the United States Postal Service.14
(5) Signature of seller.15
C. The dismantler and parts recycler, motor vehicle crusher, or scrap metal16
processor shall also obtain an affidavit from the seller stating how and where the gas17
tank was disposed. The affidavit shall be forwarded to the chief of police of the18
municipality or the sheriff of the parish at the same time as the report required in19
Subsection A of this Section.20
D. Whoever violates this Section shall be fined not less than one thousand21
dollars or imprisoned for not less than thirty days nor more than one year, or both.22
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)]
Richard HB No. 838
Abstract: Requires every dismantler and parts recycler, motor vehicle crusher, or scrap
metal processor that purchases a motor vehicle without the gas tank at the time of the
sale to deliver an originally signed report to the chief of police of the municipality
or the sheriff of the parish in which the sale occurred. Also requires an affidavit
from the seller stating how and where the gas tank was disposed. HLS 10RS-1531 ORIGINAL
HB NO. 838
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law requires every dismantler and parts recycler, motor vehicle crusher, or scrap
metal processor that purchases a motor vehicle without the gas tank at the time of the sale
to deliver an originally signed report to the chief of police of the municipality or the sheriff
of the parish in which the sale occurred on a form provided by the police department or
sheriff's office, within 24 hours of the transaction.
Proposed law requires a copy to be retained by the dismantler and parts recycler, motor
vehicle crusher, or scrap metal processor on the business premises for a period of at least
three years and shall be made available to federal, state, and local law enforcement and
regulatory agencies upon request.
Proposed law requires the report to include but not be limited to the following items of
information:
(1)A complete and accurate description of the motor vehicle including the following
information:
(a)Make.
(b)Model.
(c)Year.
(d)Vehicle identification number.
(2)Name, full address, and phone number of the dismantler and parts recycler, motor
vehicle crusher, or scrap metal processor handling the transaction.
(3)Name, full address, and phone number of seller.
(4)The distinctive number of the seller's La. driver's license, driver's license from
another state, passport, military identification, or identification issued by a
governmental agency or the U. S. Postal Service.
(5)Signature of seller.
Proposed law requires the dismantler and parts recycler, motor vehicle crusher, or scrap
metal processor to also obtain an affidavit from the seller stating how and where the gas tank
was disposed. The affidavit shall be forwarded to the chief of police of the municipality or
the sheriff of the parish at the same time as the report required by proposed law.
Proposed law provides that whoever violates proposed law shall be fined not less than
$1,000 or imprisoned for not less than 30 days nor more than one year, or both.
(Adds R.S. 32:809)