HLS 12RS-1256 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 734
BY REPRESENTATIVE HARRIS
SECONDHAND DEALERS: Establishes a maximum cash transaction amount for the
purchase of copper and other metals
AN ACT1
To amend and reenact R.S. 37:1864.3, relative to secondhand dealers; to establish a2
maximum cash transaction amount for the purchase of copper and other metals; to3
require payment by check for certain purchases of copper and other metals; to4
require the check to be issued to the seller of the metal and mailed to the address5
recorded on the photo identification of the seller; to provide for a waiting period6
prior to payment by check for certain purchases of copper and other metals; to7
prohibit a secondhand dealer from allowing a seller to engage in multiple small8
transactions for the purpose of circumventing the law; to provide for penalties; and9
to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 37:1864.3 is hereby amended and reenacted to read as follows: 12
ยง1864.3. Payment by check or money order for copper or other metals required13
A. A secondhand dealer shall not enter into any cash transactions in excess14
of thirty dollars in payment for the purchase of junk or used or secondhand copper15
or other metal property. Payment shall be made in the form of a check, electronic16
transfers, or money order issued to the seller of the junk or used or secondhand17
property and made payable to the name and address of the seller issued to the seller18
of the metal and mailed to the address recorded on the photo identification of the19
seller no earlier than ten days after the date of the transaction. The secondhand20
dealer, at his discretion, may make payment by either cash or other method for21 HLS 12RS-1256 ORIGINAL
HB NO. 734
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
transactions of thirty dollars or less for copper or other metals. All payments made1
by check, electronic transfers, or money order shall be reported separately in the2
daily reports required by R.S. 37:1866. 3
B. No secondhand dealer shall allow a seller to engage in multiple small4
transactions for the purpose of circumventing this Section.5
C. Violations of this Section shall be subject to the penalties provided for in6
R.S. 37:1869 and 1870.7
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)]
Harris HB No. 734
Abstract: Establishes a maximum cash transaction amount for the purchase of copper and
other metals.
Present law prohibits a secondhand dealer from entering into any cash transactions in
payment for the purchase of junk or used or secondhand property.
Proposed law narrows the scope of present law by prohibiting a secondhand dealer from
entering into any cash transactions in excess of $30 in payment for the purchase of copper
or other metal property.
Present law requires payment to be made in the form of check, money order, or electronic
transfer, issued to the seller of the junk or used or secondhand property and made payable
to the name and address of the seller.
Proposed law requires payment to be made in the form of a check issued to the seller of the
metal and mailed to the address recorded on the photo identification of the seller no earlier
than 10 days after the date of the transaction.
Proposed law authorizes the secondhand dealer, at his discretion, to make payment by either
cash or other method for transactions of $30 or less for copper or other metals.
Present law requires the transactions to be reported separately in the daily reports required
by present law.
Proposed law retains present law by requiring the payments by check to be reported
separately.
Proposed law prohibits a secondhand dealer from allowing a seller to engage in multiple
small transactions for the purpose of circumventing proposed law.
Proposed law provides that violations of proposed law shall be subject to the penalties for
licensed and unlicensed secondhand dealers provided for in proposed law.
(Amends R.S. 37:1864.3)