HLS 12RS-687 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 423
BY REPRESENTATIVE WESLEY BISHOP
SECONDHAND DEALERS: Provides for a waiting period for secondhand sales involving
copper
AN ACT1
To amend and reenact R.S. 37:1864.3 and 1867(A), relative to secondhand dealers; to2
require a secondhand dealer to wait for a period of three days before making3
payment for property containing copper; to require payment for items containing4
copper to be made by check mailed to the seller or by electronic transfer; to prohibit5
a secondhand dealer from immediately disposing of property containing copper; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 37:1864.3 and 1867(A) are hereby amended and reenacted to read9
as follows:10
§1864.3. Payment by check or money order required ; payment for copper11
A. A secondhand dealer shall not enter into any cash transactions in payment12
for the purchase of junk or used or secondhand property. Payment shall be made in13
the form of check, electronic transfers, or money order issued to the seller of the junk14
or used or secondhand property and made payable to the name and address of the15
seller.16
B. Payment for junk or used or secondhand property containing copper shall17
not be made for a period of three days after the purchase transaction. Payment shall18
be made by check issued to the seller of the copper, made payable to the name and19 HLS 12RS-687 ORIGINAL
HB NO. 423
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are additions.
address of the seller and mailed to the recorded address of the seller, or by electronic1
transfer.2
C. All payments made by check, electronic transfers, or money order shall3
be reported separately in the daily reports required by R.S. 37:1866.4
* * *5
§1867. Disposal or changing identity prohibited during thirty-day period; exceptions6
A. No secondhand dealer shall sell or dispose of or change or destroy the7
identity of any goods, articles, or things purchased by him before an interval of thirty8
calendar days from the date of purchase has elapsed. During the thirty calendar days9
after purchase, a secondhand dealer shall keep the purchased goods, articles, or10
things on the premises of the secondhand dealer's business location or at such other11
location within the parish where the secondhand dealer's business is located and the12
item was purchased. In all instances, a secondhand dealer shall make the item13
immediately available upon request by a law enforcement agency. Any secondhand14
dealer may sell, dispose of, change, or destroy any goods, article, or thing not15
containing copper purchased by him from a client without any delay, provided that16
the dealer can prove that the client had valid title to the goods, article, or thing of17
which he intends to dispose.18
* * *19
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)]
Wesley Bishop HB No. 423
Abstract: Requires secondhand dealers to wait three days before providing payment for
transactions involving copper and requires the payment to be made by check mailed
to the seller or by electronic transfer. Prohibits a secondhand dealer from
immediately disposing of property containing copper.
Present law prohibits a secondhand dealer from entering into any cash transactions in
payment for the purchase of junk or used or secondhand property. Present law further
requires payment to be made in the form of check, electronic transfers, or money order
issued to the seller of the junk or used or secondhand property and made payable to the name
and address of the seller. HLS 12RS-687 ORIGINAL
HB NO. 423
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law.
Proposed law provides that payment for junk or used or secondhand property containing
copper shall not be made for a period of three days after the purchase transaction. Proposed
law further requires the payment to be made by check issued to the seller of the property,
made payable to the name and address of the seller, and mailed to the recorded address of
the seller, or by electronic transfer.
Present law requires all payments made by check, electronic transfers, or money order to be
reported separately in the daily reports required by present law.
Proposed law retains present law.
Present law prohibits a secondhand dealer from selling or disposing of or changing or
destroying the identity of any goods, articles, or things purchased before an interval of 30
calendar days from the date of purchase has elapsed. Present law further requires a
secondhand dealer to keep the purchased goods, articles, or things on the premises of the
secondhand dealer's business location or at such other location within the parish where the
secondhand dealer's business is located and the item was purchased and to make the item
immediately available upon request by a law enforcement agency.
Proposed law retains present law.
Present law authorizes a secondhand dealer to sell, dispose of, change, or destroy any goods,
article, or thing purchased from a client without any delay, provided that the dealer can
prove that the client had valid title to the goods, article, or thing.
Proposed law excludes items containing copper from those that may be disposed of
immediately.
(Amends R.S. 37:1864.3 and 1867(A))