Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB131 Introduced / Bill

                    SLS 13RS-410	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 131
BY SENATOR JOHN SMITH 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COMMERCIAL REGULATIONS. Provides relative to the sale of certain scrap metal.
(8/1/13)
AN ACT1
To amend and reenact R.S. 37:1973(A) and (C), relative to scrap metal recyclers; to provide2
for the forms of payment for copper or other metals; to provide terms and conditions;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 37:1973(A) and (C) are hereby amended and reenacted to read as6
follows:7
ยง1973. Payment by loadable payment card or check for copper or other metals8
required; check cashing prohibited9
A.(1) An operator shall not enter into any cash transactions in payment for10
the purchase of copper. Payment for copper shall be made in the form of a check11
made payable to the name and address of the seller of the metal or a loadable12
payment card and may be tendered to the seller at the time of the transaction13
and mailed to the address recorded on the photo identification of the seller no earlier14
than five business days after the date of the transaction.15
(2) An operator shall not enter into any cash transactions in excess of three16
hundred dollars in payment for the purchase of metal property other than copper.17 SB NO. 131
SLS 13RS-410	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Payments in excess of three hundred dollars for metals other than copper shall be1
made in the form of a check made payable to the name and address of the seller or2
a loadable payment card and may be tendered to the seller at the time of the3
transaction.  The operator, at his discretion, may make payment by either cash or4
other method for transactions of three hundred dollars or less for all metals other5
than copper.6
*          *          *7
C. Except for copper purchases, in lieu of a check, Pursuant to the8
provisions of this Section, if an operator may make makes a payment to the seller9
in the form of a loadable payment card,. The the operator shall require verification10
of the seller's identification by a driver's license or similar means, and shall require11
verification of the seller's address by a current utility bill.  The operator shall retain12
a copy of such utility bill.13
*          *          *14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law provides that an operator shall not enter into any cash transactions in payment
for the purchase of copper.
Present law provides that payment for copper shall be made in the form of a check made
payable to the seller of the metal and mailed to the address recorded on the photo
identification of the seller no earlier than five business days after the date of the transaction.
Proposed law removes the requirement that payment by check must be mailed to the seller
no earlier than five business days after the date of the transaction and authorizes an operator
to make payment for copper in the form of a loadable payment card.
Proposed law provides that payment by check or loadable payment card to a seller of the
metal may be tendered to the seller at the time of the transaction. 
Present law provides that an operator shall not enter into any cash transactions in excess of
$300 in payment for the purchase of metal property other than copper. Payments in excess
of $300 for metals other than copper shall be made in the form of a check made payable to
the name and address of the seller and may be tendered to the seller at the time of the
transaction. 
Proposed law provides that payments in excess of $300 for metals other than copper shall
be made in the form of a check made payable to the name and address of the seller or a
loadable payment card and may be tendered to the seller at the time of the transaction.  SB NO. 131
SLS 13RS-410	ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides that except for copper purchases, in lieu of a check, an operator may
make payment to the seller in the form of a loadable payment card. 
Present law further provides that an operator shall require verification of the seller's
identification by a driver's license or similar means, and shall require verification of the
seller's address by a current utility bill.
Proposed law provides that if an operator makes payment to the seller in the form of a
loadable payment card, the operator shall require verification of the seller's identification by
a driver's license or similar means, and shall require verification of the seller's address by a
current utility bill. 
Effective August 1, 2013.
(Amends R.S. 37:1973(A) and (C))