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Regular Session, 2012
HOUSE BILL NO. 751
BY REPRESENTATIVE RICHARDSON
SECONDHAND DEALERS: Provides relative to the purchase of used or secondhand
property
AN ACT1
To amend and reenact the title of Part II of Chapter 21 of Title 37 of the Louisiana Revised2
Statutes of 1950, R.S. 37:1861(A) and (B)(introductory paragraph), 1861.1, 1862(A),3
1862.1, 1863, 1864(A)(1)(introductory paragraph), 1864.1(A), 1864.2, 1864.3,4
1864.4, 1865, 1866, 1867(A), 1869, and 1870(A), to enact R.S. 37:1861(B)(6) and5
Part II-B of Chapter 21 of Title 37 of the Louisiana Revised Statutes of 1950, to be6
comprised of R.S. 37:1891 through 1894, and to repeal R.S. 37:1861.2, 1868, and7
1869.1, relative to used or secondhand property; to define "scrap metal dealer"; to8
define "scrap metal"; to provide for an exemption for the purchase of aluminum in9
the form of cans; to prohibit certain purchases of scrap metal; to require an10
occupational license to do business as a scrap metal dealer; to provide for an11
exemption for pawnbrokers; to require changes in location of scrap metal dealers to12
be noted on the occupational license; to require a record of scrap metal purchased;13
to require photographic or other record of persons selling scrap metal; to prohibit the14
purchase of scrap metal from minors; to prohibit cash payment for the purchase of15
copper; to establish a maximum cash payment for metals other than copper; to16
require a statement of ownership from the seller; to provide that failure to obtain the17
statement shall be prima facie evidence of fraud; to provide for exoneration from18
fraudulent, willful, or criminal knowledge; to require records to be made available19
for inspection by law enforcement; to require daily reporting of non-personally20 HLS 12RS-810 ORIGINAL
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identifiable information to law enforcement; to require the release of information1
pursuant to an investigation by law enforcement; to prohibit the immediate disposal2
of scrap metal by a dealer unless ownership has been proven; to provide for3
violations; to provide for penalties; to require retailers who purchase used goods to4
maintain records of the purchases; to provide for inspection of the records by law5
enforcement officers; to provide for retention of the records; to define "retailer"; to6
require photographic records; to repeal the limit on the location of secondhand dealer7
facilities; to repeal the limit on hours of business for secondhand dealers; to prohibit8
the sale of used law enforcement and public utility uniforms; to provide for9
exceptions; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. The title of Part II of Chapter 21 of Title 37 of the Louisiana Revised12
Statutes of 1950, R.S. 37:1861(A) and (B)(introductory paragraph), 1861.1, 1862(A),13
1862.1, 1863, 1864(A)(1)(introductory paragraph), 1864.1(A), 1864.2, 1864.3, 1864.4,14
1865, 1866, 1867(A), 1869, and 1870(A) are hereby amended and reenacted and R.S.15
37:1861(B)(6) and Part II-B of Chapter 21 of Title 37 of the Louisiana Revised Statutes of16
1950, comprised of R.S. 37:1891 through 1894, are hereby enacted to read as follows:17
PART II. SECONDHAND SCRAP METAL DEALERS18
§1861. "Secondhand Scrap metal dealer" defined19
A.(1) Every person in this state engaged in the business of buying, selling,20
trading in, or otherwise acquiring or disposing of junk or used or secondhand21
property, including but not limited to jewelry, silverware, diamonds, precious metals,22
ferrous materials, catalytic converters, auto hulks, copper, copper wire, copper alloy,23
bronze, zinc, aluminum, stainless steel, nickel alloys, or brass, whether in the form24
of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps or connectors, railroad25
track materials, water utility materials, furniture, pictures, objects of art, clothing,26
mechanic's tools, carpenter's tools, automobile hubcaps, automotive batteries,27
automotive sound equipment such as radios, CB radios, stereos, speakers, cassettes,28
compact disc players, and similar automotive audio supplies, used building29 HLS 12RS-810 ORIGINAL
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components, and items defined as cemetery artifacts is a secondhand dealer.1
Anyone, other than a nonprofit entity, who buys, sells, trades in, or otherwise2
acquires or disposes of junk or used or secondhand property more frequently than3
once per month from any other person, other than a nonprofit entity, shall be4
deemed as being engaged in the business of a secondhand dealer scrap metal is a5
scrap metal dealer.6
(2) For purposes of this Part, "cemetery artifacts" "scrap metal" means any7
object produced or shaped by human workmanship or tools, including ornaments of8
archaeological, historical, cultural, or sentimental significance or interest, which may9
be used to memorialize the dead and shall include but not be limited to all cemetery10
items, objects, and properties including but not limited to any type of religious or11
sentimental addition or adornment, inside or outside of a tomb, gravesite, plot,12
mausoleum, vault or interment location, whether placed privately or by assignment,13
regardless of monetary worth, age, size, shape, or condition including but not limited14
to statues, bricks, signage, plaques, tablets, urns, pots, planters, benches, chairs,15
crosses or other religious symbols, vases, gates, fences, or any portions thereof shall16
include but not be limited to copper, copper wire, copper alloy, bronze, zinc,17
aluminum, stainless steel, nickel alloys, or brass, whether in the form of bars, cable,18
ingots, rods, tubing, wire, wire scraps, clamps or connectors, ferrous materials,19
catalytic converters, auto hulks, railroad track materials, water utility materials, and20
gold, silver, platinum, or other precious metals including jewelry or objects21
composed of such precious metals.22
(3) For purposes of this Part, a "used building component" shall mean any23
object produced or shaped by human workmanship or tools that is an element of24
structural, architectural, archaeological, historical, ornamental, cultural, utilitarian,25
decorative, or sentimental significance or interest, which has been and may be used26
as an adjunct to, or component or ornament of any building or structure, regardless27
of monetary worth, age, size, shape, or condition, that is immovable property or28
fixture, including but not limited to bricks, siding, gutters, downspouts, lightning29 HLS 12RS-810 ORIGINAL
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rods, chimney roofs, lights, chandeliers, stoves, tubs, sinks, faucets, faucet handles,1
toilets, bidets, showers, fans, furnaces, air conditioners, water heaters, sprinkling2
systems, shelving, countertops, cabinets, built-in speakers, shutters, trim, rafters, roof3
tiles, roofing, studs, foundation, barge boards, paneling, stairs, risers, banisters,4
wiring, plumbing, hinges, door latches, door knobs, medallions, mantles, flooring,5
carpet, tiles, molding, wainscoting, pavers, doors, windows, sills, transoms, joists,6
mailboxes, signage, fountains, decking, gates, fences, planters, landscaping,7
plantings or portions thereof, or component parts of immovable property of any8
nature or kind whatsoever.9
(4) For purposes of this Part, a "lot of used building components" shall mean10
a group of like used building components.11
(5) For the purposes of this Part, "junk" shall include any property or12
material commonly known as "junk".13
(6) For the purposes of this Part, "railroad track materials" shall include steel14
in the form of railroad tracks or in the form of rail, switch components, spikes, angle15
bars, tie plates, or bolts of the type used in constructing railroads, or any combination16
of such materials.17
(7) (4) For the purposes of this Part, "water utility materials" shall include18
but not be limited to water meters, valves, pipes, and fittings.19
B. Except as provided for in R.S. 37:1864.3 and 1869.1, the The provisions20
of this Part shall not apply to:21
* * *22
(6) The purchase of aluminum in the form of cans.23
§1861.1. Secondhand property Scrap metal; purchase when forbidden24
No person shall willfully or knowingly purchase junk or used or secondhand25
property scrap metal, unpaid for by the seller, or not owned by the seller.26
§1862. License required; application; bond; exemptions 27
A. No person shall do business as a secondhand scrap metal dealer in this28
state without having first obtained the occupational license required by law. Any29 HLS 12RS-810 ORIGINAL
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person desiring a license as secondhand scrap metal dealer shall make application1
in writing, specifying the street number and house number of the building where the2
business is to be carried on. This application shall be signed by at least three3
property taxpayers of the city or parish where the business is to be established4
certifying that the applicant is of good moral character. He shall also submit with5
his application a bond in favor of the city or parish, as the case may be, where the6
business is to be established in the sum of two thousand five hundred dollars with7
security conditioned for the due observance of all provisions of this Part.8
* * *9
§1862.1. Record and reporting requirements; application10
The provisions of R.S. 37:1864, 1864.1, 1864.3, 1865, and 1866 shall not11
apply to a person operating as a secondhand scrap metal dealer pursuant to R.S.12
37:1785. Persons operating as secondhand scrap metal dealers pursuant to R.S.13
37:1785 shall be subject to the record acquisition, maintenance, and reporting14
requirements of R.S. 37:1796, 1797, and 1798.15
§1863. Change in location to be noted on license 16
If after issuance and delivery of a license under the provisions of this Part any17
change is made in the location of the place of business designated therein, the18
business shall not be conducted at the new location or under such license, until the19
official issuing the licenses notes the change on the license, and the superintendent20
of police of the city or the sheriff of the parish in which the second-hand scrap metal21
dealer is doing business is notified in writing of the change.22
§1864. Record of secondhand goods or objects scrap metal purchased required;23
exceptions; retention period; inspections by law enforcement; violations;24
penalty25
A.(1) Every individual, firm, corporation, entity, or partnership, except26
municipalities, political subdivisions, and public utility companies, engaged in the27
business of purchasing and reselling any of the materials provided for in this Part28
scrap metal located either at a permanently established place of business or in29 HLS 12RS-810 ORIGINAL
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connection with a business of an itinerant nature, including junk shops, junk yards,1
junk stores, auto wreckers, scrap metal dealers or processors, salvage yards,2
collectors of or dealers in junk or secondhand property, and junk trucks, shall either3
keep a register and file reports or electronically maintain data and be capable of4
readily providing reports, as specified in Subsection B of this Section, in the form5
prescribed by the Department of Public Safety and Corrections which shall contain6
the following information:7
* * *8
§1864.1. Photographic and other records; exceptions9
A.(1) In addition to the information required in R.S. 37:1864, every10
secondhand scrap metal dealer shall be required to obtain a photograph of a person11
selling or delivering merchandise or articles scrap metal to the dealer. The quality12
of such photograph shall be sufficient to readily to identify the person depicted. In13
lieu of the photograph of the person selling or delivering the merchandise scrap14
metal, the dealer may obtain either a thumbprint of such person, the quality of which15
thumbprint shall be sufficient to identify the person, or a photocopy of the person's16
Louisiana driver's license, driver's license from another state, passport, military17
identification, or identification issued by a governmental agency or the United States18
Postal Service. Each photograph, thumbprint, or photocopy, as the case may be,19
shall be cross-referenced with the ledger entry required by R.S. 37:1864. The20
photograph, thumbprint, or photocopy shall be preserved for a period of at least a21
year.22
(2) Pursuant to a request from a law enforcement agency, a secondhand scrap23
metal dealer shall be required to capture photographically used merchandise or24
articles scrap metal purchased pursuant to R.S. 37:1864(A). Photographs shall be25
made available to the law enforcement agency within twenty-four hours after the26
request.27
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§1864.2. Purchase of precious scrap metals and stones from minors; purchase of1
junk from minors prohibited; penalty2
A. No secondhand scrap metal dealer shall purchase gold, silver, copper,3
brass, aluminum other than in the form of cans, or other precious metals, jewelry,4
precious stones, or objects composed of such precious scrap metals or stones from5
a person under the age of eighteen. Lack of knowledge of age shall not be a defense6
to a violation of this Section.7
B. No owner, employee, keeper, or proprietor of a junk shop, junk store or8
yard, of a junk cart or other vehicle or boat, or collector of or dealer in junk, scrap9
metal dealer shall receive or purchase from any minor under seventeen years of age,10
any goods, chattels, wares, or other merchandise, including any material defined in11
R.S. 37:1861.12
C. The provisions of this Section shall not apply to the sale or purchase of13
manufactured registered bullion bars, coins, or other numismatic items. The14
provisions of this Section shall not apply to a retail tire outlet or an automobile dealer15
dealing in tires.16
D. C. Whoever violates this Section shall be fined not less than twenty-five17
dollars nor more than one hundred dollars, or imprisoned for not less than fifteen18
days nor more than three months, or both.19
§1864.3. Payment by electronic transfer, check, or money order required for certain20
metal transactions21
A secondhand scrap metal dealer shall not enter into any cash transactions in22
payment for the purchase of junk or used or secondhand for copper or in excess of23
five hundred dollars for all other metals in payment for the purchase of the metal24
property. Payment for copper or in excess of five hundred dollars for all other metals25
shall be made in the form of check, electronic transfers transfer, or money order26
issued to the seller of the junk or used or secondhand property and made payable to27
the name and address of the seller or check issued to the seller of the metal and28
mailed to the recorded address of the seller or picked up in person by the seller. The29 HLS 12RS-810 ORIGINAL
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scrap metal dealer, at his discretion, may make payment by either cash or other1
method for transactions of five hundred dollars or less for all metals other than2
copper. All payments made by check, electronic transfers, or money order shall be3
reported separately in the daily reports required by R.S. 37:1866. 4
§1864.4. Statement by seller required; failure to exact statement evidence of5
fraudulent intent; exoneration from criminal knowledge6
A.(1) Every secondhand scrap metal dealer shall obtain a signed statement7
from the seller that the junk or used or secondhand property scrap metal has been8
paid for or is owned by the seller, and a failure of the dealer to exact a statement9
from the seller shall be prima facie evidence of the fraudulent intent and guilty10
knowledge on the part of the dealer within the meaning of this Part, sufficient to11
warrant a conviction.12
(2) In transactions involving railroad track materials, a secondhand scrap13
metal dealer shall require the party seeking to sell or dispose of the materials to14
furnish a signed statement from the appropriate railroad company consenting to the15
sale of the railroad track materials identified in the statement, which shall be retained16
by the secondhand scrap metal dealer. The statement shall include the name of the17
railroad company consenting to the sale and the name, employee number, and phone18
number of the person signing the statement authorizing the sale. The secondhand19
scrap metal dealer shall attempt to verify the authenticity of the statement20
authorizing the sale of the railroad track materials.21
B. A secondhand scrap metal dealer who obtains the required statement from22
the seller shall be exonerated from any fraudulent, willful, or criminal knowledge23
within the meaning of this Part.24
§1865. Book to be open for inspection 25
The book containing the record of purchase as provided for in R.S. 37:186426
and the various articles scrap metal purchased and referred to therein shall at all27
times be open to the inspection of law enforcement officers of the Office of State28
Police office of state police, or the superintendent of police or sheriff of the parish29 HLS 12RS-810 ORIGINAL
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or anyone designated by them of the city, town, or parish in which the second-hand1
scrap metal dealer does business.2
§1866. Daily report of entries3
A.(1) Every secondhand scrap metal dealer licensed under the provisions of4
this Part shall make out and deliver to the chief of police of the city or town or to the5
sheriff of the parish in which he is doing business, every day before the hour of6
twelve noon, a legible and correct copy of the entries not containing personally7
identifiable information in the book mentioned in R.S. 37:1864 during the previous8
day. The means for providing the transactional information required under this9
Section shall be by electronic transmission.10
(2) The appropriate law enforcement official may, for purposes of an11
investigation of a crime relating to a particular secondhand transaction, request the12
secondhand scrap metal dealer to mail or fax such official the personally identifiable13
information relating to such transaction under investigation. The secondhand scrap14
metal dealer shall deliver the personally identifiable information relating to the15
identified transaction to the appropriate law enforcement official within twenty-four16
hours of the request.17
B. The secondhand scrap metal dealer shall have the responsibility of18
tendering the information provided for in Subsection A of this Section regardless of19
its use or nonuse by the chief of police in the city or town in which he is doing20
business or, alternatively, to the sheriff of the parish in which he is doing business.21
The tender of this information is a courtesy mandated by state law and which22
provides a benefit to the general public. The chief of police or sheriff shall not be23
mandated to take any particular action concerning the information tendered.24
§1867. Disposal or changing identity prohibited during thirty-day period; exceptions25
A. No secondhand scrap metal dealer shall sell or dispose of or change or26
destroy the identity of any goods, articles, or things scrap metal purchased by him27
before an interval of thirty calendar days from the date of purchase has elapsed.28
During the thirty calendar days after purchase, a secondhand scrap metal dealer shall29 HLS 12RS-810 ORIGINAL
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keep the purchased goods, articles, or things scrap metal on the premises of the1
secondhand scrap metal dealer's business location or at such other location within the2
parish where the secondhand scrap metal dealer's business is located and the item3
was purchased. In all instances, a secondhand scrap metal dealer shall make the item4
immediately available upon request by a law enforcement agency. Any secondhand5
scrap metal dealer may sell, dispose of, change, or destroy any goods, article, or6
thing scrap metal purchased by him from a client without any delay, provided that7
the dealer can prove that the client had valid title to the goods, article, or thing scrap8
metal of which he intends to dispose.9
§1869. Violations; penalty10
A. Any licensed secondhand scrap metal dealer who violates, neglects, or11
refuses to comply with any provision of this Part, shall be fined not less than two12
hundred fifty dollars, nor more than five hundred dollars or be imprisoned for not13
less than thirty days nor more than sixty days, or both.14
B. For the second offense, his occupational license shall be suspended for15
a thirty-day period. For a third offense, his license shall be revoked and he shall not16
thereafter be permitted to engage in the business of secondhand scrap metal dealer17
in the state of Louisiana.18
C. Any secondhand scrap metal dealer convicted of selling stolen goods shall19
have his occupational retail license revoked.20
D. The occupational license tax collector is hereby vested with the authority,21
upon motion in a court of competent jurisdiction, to rule the noncomplying22
secondhand scrap metal dealer to show cause in not less than two nor more than ten23
days, exclusive of holidays, as to why the noncomplying secondhand scrap metal24
dealer's retail occupational license should not be suspended or revoked as prescribed25
under this Part. This rule may be tried out of term and in chambers and shall be tried26
with preference and priority. If the rule is made absolute, the order rendered therein27
shall be considered a judgment in favor of the municipality or parish.28 HLS 12RS-810 ORIGINAL
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§1870. Failure to comply; penalty1
A. Anyone acting as an unlicensed secondhand scrap metal dealer without2
complying with the provisions of this Part shall be fined not less than two hundred3
fifty dollars or be imprisoned not less than thirty days nor more than sixty days, or4
both.5
* * *6
PART II-B. PURCHASE OF USED GOODS BY RETAILERS7
§1891. Record of used goods purchased required; retention period; inspections by8
law enforcement; violations; retailer defined; exceptions; penalty9
A. Every retailer engaged in the business of purchasing and reselling any10
used goods shall either keep a register and file reports or electronically maintain data11
and be capable of readily providing reports, as specified in Subsection B of this12
Section, in the form prescribed by the Department of Public Safety and Corrections13
which shall contain the following information:14
(1) The name and address of the residence or place of business of the person15
required to either keep the register and file reports or electronically maintain the data16
and generate the requested reports.17
(2) The date and place of each such purchase.18
(3) The name and address of the person or persons from whom the used19
goods were purchased, including the distinctive number of the person's or persons'20
Louisiana driver's license, driver's license from another state, passport, military21
identification, or identification issued by a governmental agency or the United States22
Postal Service. If the person cannot produce any of the above forms of identification23
at the time of purchase, the purchaser shall not complete the transaction.24
(4) A full description of all used goods purchased.25
B. Each retailer shall keep either one copy of such completed form in a26
separate register or book or maintain the information in electronic format as provided27
in Subsection A of this Section which shall be kept for a period of three years at his28 HLS 12RS-810 ORIGINAL
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place of business and shall be made available for inspection by any peace officer or1
law enforcement official at any time during the three-year period.2
C. Failure to maintain the information or the register or to produce a report3
requested by any peace officer or law enforcement official as required by this4
Section shall be prima facie evidence that the person receiving such used goods5
described in this Section and not registered or reported, received it knowing it to be6
stolen, in violation of R.S. 14:69.7
D. For the purposes of this Part, "retailer" means any person who is engaged8
wholly or in part in the business of buying, selling, distributing, or exchanging an9
interest in new or used goods or services with the intent to make a profit, monetary10
gain, or any thing of economic value. "Retailer" shall not include:11
(a) Public officers while performing their official duties.12
(b) Receivers, trustees, administrators, executors, guardians, or other persons13
appointed by or acting under the judgment or order of any court.14
(c) Banks, finance companies, or other loan agencies.15
E. Whoever violates this Section shall be fined not less than one thousand16
dollars or imprisoned for not less than thirty days nor more than six months, or both.17
§1892. Photographic and other records; exceptions18
A. In addition to the information required in R.S. 37:1891, every retailer19
purchasing used goods shall be required to obtain a photograph of a person selling20
or delivering used goods to the retailer if the fair market value of the used goods is21
one hundred dollars or greater. The quality of such photograph shall be sufficient22
to readily identify the person depicted. In lieu of the photograph of the person23
selling or delivering the used goods, the dealer may obtain either a thumbprint of24
such person, the quality of which thumbprint shall be sufficient to identify the25
person, or a photocopy of the person's Louisiana driver's license, driver's license26
from another state, passport, military identification, or identification issued by a27
governmental agency or the United States Postal Service. Each photograph,28
thumbprint, or photocopy, as the case may be, shall be cross-referenced with the29 HLS 12RS-810 ORIGINAL
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ledger entry required by R.S. 37:1891. The photograph, thumbprint, or photocopy1
shall be preserved for a period of at least a year.2
B. Pursuant to a request from a law enforcement agency, a retailer shall be3
required to capture photographically uniquely identifiable used goods purchased4
pursuant to R.S. 37:1891(A). Photographs shall be made available to the law5
enforcement agency within twenty-four hours after the request.6
§1893. Prohibitions; sale of certain uniforms7
No person in this state engaged in the business of buying, selling, trading in,8
or otherwise acquiring or disposing of junk or used or secondhand property,9
including those persons exempted by R.S. 37:1894 shall sell or offer for sale any10
article of clothing, including but not limited to hats, shirts, pants, or jackets, which11
exhibits or displays the insignia of any law enforcement agency or public utility.12
§1894. Exceptions13
Except as provided for in R.S. 37:1893, the provisions of this Part shall not14
apply to:15
(1) Dealers in coins and currency, dealers in antiques, nor to gun and knife16
shows or other trade and hobby shows.17
(2) Persons solely engaged in the business of buying, selling, trading in, or18
otherwise acquiring or disposing of motor vehicles and used parts of motor vehicles,19
including retail tire outlets or automobile dealers dealing in tires, and shall not apply20
to wreckers or dismantlers of motor vehicles who are licensed pursuant to the21
provisions of R.S. 32:783 et seq.22
(3) Private residential sales commonly known as "garage sales" or "yard23
sales" as long as such sales take place at a residential address.24
(4) Any bona fide charity possessing a valid exemption under Section25
501(c)(3) of the Internal Revenue Code.26
(5) Collectors, transporters, or disposers of waste whose waste collection,27
transportation, and disposal activities are regulated by the Department of28
Environmental Quality, or persons who collect, transport, or manage recyclable29 HLS 12RS-810 ORIGINAL
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materials pursuant to a residential collection, recycling, or disposal contract with a1
municipality or political subdivision.2
(6) The purchase of college textbooks.3
(7) Persons operating as pawnbrokers pursuant to R.S. 37:1785.4
(8) Persons operating as scrap metal dealers pursuant to R.S. 37:1861 et seq.5
(9) Purchases of used goods from any manufacturing, industrial, or other6
commercial vendor that generates, as a byproduct or recyclable waste, or sells such7
materials in the ordinary course of its business.8
Section 2. R.S. 37:1861.2, 1868, and 1869.1 are hereby repealed in its entirety.9
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)]
Richardson HB No. 751
Abstract: Narrows the scope of the secondhand dealer law to provide for the regulation of
scrap metal dealers; provides for the regulation of the purchase of used goods by
retailers.
Present law provides that every person in this state engaged in the business of buying,
selling, trading in, or otherwise acquiring or disposing of junk or used or secondhand
property is a secondhand dealer. Present law further provides that anyone, other than a
nonprofit entity, who buys, sells, trades in, or otherwise acquires or disposes of junk or used
or secondhand property more frequently than once per month from any other person, other
than a nonprofit entity, shall be deemed as being engaged in the business of a secondhand
dealer.
Proposed law provides that every person in this state engaged in the business of buying,
selling, trading in, or otherwise acquiring or disposing of scrap metal is a scrap metal dealer.
Present law defines "cemetery artifacts" as any object produced or shaped by human
workmanship or tools, including ornaments of archaeological, historical, cultural, or
sentimental significance or interest, which may be used to memorialize the dead and shall
include but not be limited to all cemetery items, objects, and properties, including but not
limited to any type of religious or sentimental addition or adornment, inside or outside of a
tomb, gravesite, plot, mausoleum, vault or interment location, whether placed privately or
by assignment, regardless of monetary worth, age, size, shape, or condition, including but
not limited to statues, bricks, signage, plaques, tablets, urns, pots, planters, benches, chairs,
crosses, or other religious symbols, vases, gates, fences, or any portions thereof.
Proposed law repeals present law.
Present law defines "used building component" as any object produced or shaped by human
workmanship or tools that is an element of structural, architectural, archaeological,
historical, ornamental, cultural, utilitarian, decorative, or sentimental significance or interest,
which has been and may be used as an adjunct to or component or ornament of any building HLS 12RS-810 ORIGINAL
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are additions.
or structure, regardless of monetary worth, age, size, shape, or condition, that is immovable
property or fixture or component parts of immovable property of any nature or kind
whatsoever.
Proposed law repeals present law.
Present law defines "lot of used building components" as a group of like used building
components.
Proposed law repeals present law.
Present law defines "junk" as any property or material commonly known as "junk".
Proposed law repeals present law.
Proposed law provides that "scrap metal" shall include but not be limited to copper, copper
wire, copper alloy, bronze, zinc, aluminum, stainless steel, nickel alloys, or brass, whether
in the form of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps or connectors,
ferrous materials, catalytic converters, auto hulks, railroad track materials, water utility
materials, and gold, silver, platinum, or other precious metals including jewelry or objects
composed of such precious metals.
Present law provides that, except as provided for the prohibition against cash payments and
the prohibition against selling uniforms of law enforcement and utilities, the provisions of
present law shall not apply to the following:
(1)Dealers in coins and currency, dealers in antiques, nor to gun and knife shows or
other trade and hobby shows.
(2)Persons solely engaged in the business of buying, selling, trading in, or otherwise
acquiring or disposing of motor vehicles and used parts of motor vehicles, and shall
not apply to wreckers or dismantlers of motor vehicles who are licensed under the
provisions of R.S. 32:783 et seq.
(3)Private residential sales commonly known as "garage sales" or "yard sales" as long
as such sales take place at a residential address.
(4)Any bona fide charity possessing a valid exemption under Section 501(c)(3) of the
Internal Revenue Code.
(5)Collectors, transporters, or disposers of waste whose waste collection, transportation,
and disposal activities are regulated by the Dept. of Environmental Quality, or
persons who collect, transport, or manage recyclable materials pursuant to a
residential collection, recycling, or disposal contract with a municipality or political
subdivision.
Proposed law retains present law but removes the exceptions and adds an exemption for the
purchase of aluminum in the form of cans.
Present law prohibits a person from willfully or knowingly purchasing junk or used or
secondhand property, unpaid for by the seller, or not owned by the seller.
Proposed law retains present law but changes junk or used or secondhand property to scrap
metal.
Present law prohibits a person from doing business as a secondhand dealer in this state
without having first obtained the license required by law. HLS 12RS-810 ORIGINAL
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are additions.
Proposed law prohibits a person from doing business as a scrap metal dealer in this state
without having first obtained the occupational license required by law.
Present law requires any person desiring a license as secondhand dealer to make application
in writing, specifying the street number and house number of the building where the business
is to be carried on and signed by at least three property taxpayers of the city or parish where
the business is to be established certifying that the applicant is of good moral character.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law requires the applicant to submit a bond in favor of the city or parish, as the case
may be, where the business is to be established in the sum of $2,500 with security
conditioned for the due observance of all provisions of present law.
Proposed law retains present law.
Present law provides that record acquisition, maintenance, and reporting requirements of
present law shall not apply to a person operating as a pawnbroker licensed by the office of
financial institutions.
Proposed law retains present law.
Present law provides that, if after issuance and delivery of a license under the provisions of
present law, any change is made in the location of the place of business designated therein,
the business shall not be conducted at the new location or under such license, until the
official issuing the licenses notes the change on the license, and the superintendent of police
of the city or the sheriff of the parish in which the secondhand dealer is doing business is
notified in writing of the change.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law requires every individual, firm, corporation, entity, or partnership, except
municipalities, political subdivisions, and public utility companies, engaged in the business
of purchasing and reselling any of the materials provided for in present law located either
at a permanently established place of business or in connection with a business of an
itinerant nature, to either keep a register and file reports or electronically maintain data and
be capable of readily providing reports, as specified in present law, in the form prescribed
by the Dept. of Public Safety and Corrections.
Proposed law retains present law but narrows the scope to apply to scrap metal only.
Present law requires every secondhand dealer to obtain a photograph of a person selling or
delivering merchandise or articles to the dealer.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer and
changes merchandise or articles to scrap metal.
Present law provides that, pursuant to a request from a law enforcement agency, a
secondhand dealer shall be required to capture photographically used merchandise or articles
purchased and make the photographs shall be made available to the law enforcement agency
within 24 hours after the request.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer and
changes merchandise or articles to scrap metal.
Present law prohibits a secondhand dealer from purchasing gold, silver, copper, brass,
aluminum other than in the form of cans, or other precious metals, jewelry, precious stones,
or objects composed of such precious metals or stones from a person under the age of 18. HLS 12RS-810 ORIGINAL
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are additions.
Proposed law prohibits a scrap metal dealer from purchasing scrap metals from a person
under the age of 18.
Present law provides that lack of knowledge of age shall not be a defense to a violation of
present law.
Proposed law retains present law.
Present law prohibits the owner, employee, keeper, or proprietor of a junk shop, junk store
or yard, of a junk cart or other vehicle or boat, or collector of or dealer in junk, from
receiving or purchasing from any minor under 17 years of age, any goods, chattels, wares,
or other merchandise.
Proposed law repeals present law.
Present law provides that the provisions of present law shall not apply to the sale or purchase
of manufactured registered bullion bars, coins, or other numismatic item or to a retail tire
outlet or an automobile dealer dealing in tires.
Proposed law retains present law.
Present law provides that whoever violates present law shall be fined not less than $25 nor
more than $100, or imprisoned for not less than 15 days nor more than three months, or both.
Proposed law retains present law.
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 prohibits a scrap metal dealer from entering into any cash transactions for
copper or in excess of $500 for all other metals in payment for the purchase of the 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 for copper or in excess of $500 for all other metals to be
made by electronic transfer or money order or check issued to the seller of the metal and
mailed to the recorded address of the seller or picked up in person by the seller.
Proposed law authorizes the scrap metal dealer, at his or her discretion, to make payment by
either cash or other method for transactions of $500 or less for all metals other than copper.
Present law requires the transactions to be reported separately in the daily reports required
by present law.
Proposed law retains present law.
Present law requires every secondhand dealer to obtain a signed statement from the seller
that the junk or used or secondhand property has been paid for or is owned by the seller, and
a failure of the dealer to exact a statement from the seller shall be prima facie evidence of
the fraudulent intent and guilty knowledge on the part of the dealer, sufficient to warrant a
conviction.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer and
changes junk or used or secondhand property to scrap metal. HLS 12RS-810 ORIGINAL
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are additions.
Present law provides that, in transactions involving railroad track materials, a secondhand
dealer shall require the party seeking to sell or dispose of the materials to furnish a signed
statement from the appropriate railroad company consenting to the sale of the railroad track
materials identified in the statement and containing the name of the railroad company
consenting to the sale and the name, employee number, and phone number of the person
signing the statement authorizing the sale. Present law further requires the secondhand
dealer to attempt to verify the authenticity of the statement authorizing the sale of the
railroad track materials.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law provides that a secondhand dealer who obtains the required statement from the
seller shall be exonerated from any fraudulent, willful, or criminal knowledge.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law requires the book containing the record of purchase and the various articles
purchased to be open at all times to the inspection of law enforcement officers of the office
of state police, or the superintendent of police or sheriff of the parish or anyone designated
by them of the city, town, or parish in which the secondhand dealer does business.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer and
changes articles to scrap metal.
Present law requires every secondhand dealer licensed under the provisions of present law
to make out and deliver by electronic transmission to the chief of police of the city or town
or to the sheriff of the parish in which he is doing business, every day before the hour of
12:00 noon, a legible and correct copy of the entries in the required record book during the
previous day.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer and
specifies that the entries to be sent are those not containing personally identifiable
information.
Present law authorizes the appropriate law enforcement official to request, for purposes of
an investigation of a crime relating to a particular secondhand transaction, the secondhand
dealer to mail or fax such official the personally identifiable information relating to such
transaction under investigation. Present law further requires the secondhand dealer to
deliver the personally identifiable information relating to the identified transaction to the
appropriate law enforcement official within 24 hours of the request.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law provides that the secondhand dealer shall have the responsibility of tendering
the information regardless of its use or nonuse by the chief of police in the city or town in
which he is doing business or, alternatively, to the sheriff of the parish in which he is doing
business.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law prohibits a secondhand dealer from selling or disposing of or changing or
destroying the identity of any goods, articles, or things purchased by him before an interval
of 30 calendar days from the date of purchase has elapsed.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer and
changes goods, articles, or things to scrap metal. HLS 12RS-810 ORIGINAL
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are additions.
Present law requires a secondhand dealer, during the 30 calendar days after purchase, 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. Present law further requires, in all instances, a
secondhand dealer to make the item immediately available upon request by a law
enforcement agency.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer and
changes goods, articles, or things to scrap metal.
Present law authorizes a secondhand dealer to sell, dispose of, change, or destroy any goods,
article, or thing purchased by him from a client without any delay, provided that the dealer
can prove that the client had valid title to the goods, article, or thing of which he intends to
dispose.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer and
changes goods, article, or thing to scrap metal.
Present law provides that any licensed secondhand dealer who violates, neglects, or refuses
to comply with any provision of present law, shall be fined not less than $250, nor more than
$500 or be imprisoned for not less than 30 days nor more than 60 days, or both.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law provides that, for the second offense, a secondhand dealer's occupational license
shall be suspended for a 30-day period.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law provides that, for a third offense, a secondhand dealer's license shall be revoked
and he shall not thereafter be permitted to engage in the business of secondhand dealer in
the state of La.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law provides that any secondhand dealer convicted of selling stolen goods shall have
his occupational retail license revoked.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law provides that the occupational license tax collector is vested with the authority,
upon motion in a court of competent jurisdiction, to rule the noncomplying secondhand
dealer to show cause in not less than two nor more than 10 days, exclusive of holidays, as
to why the noncomplying secondhand dealer's retail occupational license should not be
suspended or revoked.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Present law provides that anyone acting as an unlicensed secondhand dealer without
complying with the provisions of present law shall be fined not less than $250 or be
imprisoned not less than 30 days nor more than 60 days, or both.
Proposed law retains present law but changes secondhand dealer to scrap metal dealer.
Proposed law requires every retailer engaged in the business of purchasing and reselling any
used goods to either keep a register and file reports or electronically maintain data and be
capable of readily providing reports in the form prescribed by the Dept. of Public Safety and
Corrections which shall contain the following information: HLS 12RS-810 ORIGINAL
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(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 such purchase.
(3)The name and address of the person or persons from whom the used goods were
purchased, including the distinctive number of the person's or persons' 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.
(4)A full description of all used goods purchased.
Proposed law provides that if the person cannot produce any of the above forms of
identification at the time of purchase, the purchaser shall not complete the transaction.
Proposed law requires each retailer to keep either one copy of such completed form in a
separate register or book or maintain the information in electronic format which shall be kept
for a period of three years at his place of business and shall be made available for inspection
by any peace officer or law enforcement official at any time during the three-year period.
Proposed law provides that failure to maintain the information or the register or to produce
a report requested by any peace officer or law enforcement official shall be prima facie
evidence that the person receiving such used goods described in proposed law and not
registered or reported, received it knowing it to be stolen, in violation of R.S. 14:69.
Proposed law defines "retailer" as any person who is engaged wholly or in part in the
business of buying, selling, distributing, or exchanging an interest in new or used goods or
services with the intent to make a profit, monetary gain, or any thing of economic value.
Proposed law provides that "retailer" shall not include:
(1)Public officers while performing their official duties.
(2)Receivers, trustees, administrators, executors, guardians, or other persons appointed
by or acting under the judgment or order of any court.
(3)Banks, finance companies, or other loan agencies.
Proposed law provides that anyone who violates proposed law shall be fined not less than
$1,000 or imprisoned for not less than 30 days nor more than six months, or both.
Proposed law requires every retailer purchasing used goods to obtain a photograph sufficient
to readily identify the person depicted, of a person selling or delivering used goods to the
retailer if the fair market value of the used goods is $100 or greater.
Proposed law provides that, in lieu of the photograph of the person selling or delivering the
used goods, the dealer may obtain either a thumbprint of such person, the quality of which
thumbprint shall be sufficient to identify the person, or a photocopy of the person'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.
Proposed law requires each photograph, thumbprint, or photocopy to be cross-referenced
with the ledger entry required by proposed law. Proposed law further requires the
photograph, thumbprint, or photocopy to be preserved for a period of at least a year.
Proposed law provides that, pursuant to a request from a law enforcement agency, a retailer
shall be required to capture photographically uniquely identifiable used goods purchased. HLS 12RS-810 ORIGINAL
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are additions.
Proposed law further provides that the photographs shall be made available to the law
enforcement agency within 24 hours after the request.
Proposed law prohibits any person in this state engaged in the business of buying, selling,
trading in, or otherwise acquiring or disposing of junk or used or secondhand property,
including those persons exempted by proposed law, from selling or offering for sale any
article of clothing, including but not limited to hats, shirts, pants, or jackets, which exhibits
or displays the insignia of any law enforcement agency or public utility.
Proposed law provides that proposed law shall not apply to:
(1)Dealers in coins and currency, dealers in antiques, nor to gun and knife shows or
other trade and hobby shows.
(2)Persons solely engaged in the business of buying, selling, trading in, or otherwise
acquiring or disposing of motor vehicles and used parts of motor vehicles, including
retail tire stores, and shall not apply to wreckers or dismantlers of motor vehicles
who are licensed under the provisions of present law (R.S. 32:783 et seq.).
(3)Private residential sales commonly known as "garage sales" or "yard sales" as long
as such sales take place at a residential address.
(4)Any bona fide charity possessing a valid exemption under Section 501(c)(3) of the
Internal Revenue Code.
(5)Collectors, transporters, or disposers of waste whose waste collection, transportation,
and disposal activities are regulated by the Dept. of Environmental Quality, or
persons who collect, transport, or manage recyclable materials pursuant to a
residential collection, recycling, or disposal contract with a municipality or political
subdivision.
(6)The purchase of college textbooks.
(7)Persons operating as pawnbrokers pursuant to present law (R.S. 37:1785).
(8)Persons operating as scrap metal dealers pursuant to present law (R.S. 37:1861 et
seq.).
(9)Purchases of used goods from any manufacturing, industrial, or other commercial
vendor that generates, as a byproduct or recyclable waste, or sells such materials in
the ordinary course of its business.
Present law provides that no license shall be granted for the operation of a secondhand dealer
facility which will be situated within 300 feet or less of any official gaming establishment
or designated docking facility of a riverboat licensed to conduct gaming activities or gaming
operations. Present law further provides that, as to official gaming establishments, this
distance shall be measured as a person walks using the sidewalk from the nearest point of
the property line of the official gaming establishment to the nearest point of the dealer's
location. As to docking facilities, this distance shall be measured in a straight line from the
nearest point of the docking facility to the nearest point of the dealer's location.
Proposed law repeals present law.
Present law provides that a second-hand dealer shall neither open his place of business
before the hour of 7:00 a.m. nor keep it open after the hour of 7:00 p.m. except on Saturdays
and during the month of Dec., during which time the hour of 7:00 p.m. shall be extended to
10:00 p.m. HLS 12RS-810 ORIGINAL
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are additions.
Proposed law repeals present law.
Present law prohibits a secondhand dealer, including those secondhand dealers exempted by
present law, from selling or offering for sale any article of clothing, including but not limited
to hats, shirts, pants, or jackets, which exhibits or displays the insignia of any law
enforcement agency or public utility.
Proposed law repeals present law.
(Amends the title of Part II of Chapter 21 of Title 37 of the La. Revised Statutes of 1950,
R.S. 37:1861(A) and (B)(intro. para.), 1861.1, 1862(A), 1862.1, 1863, 1864(A)(1)(intro.
para.), 1864.1(A), 1864.2, 1864.3, 1864.4, 1865, 1866, 1867(A), 1869, and 1870(A); Adds
R.S. 37:1861(B)(6) and 1891-1894; Repeals R.S. 37:1861.2, 1868, and 1869.1)