SLS 13RS-410 REENGROSSED
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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 SENATORS JOHN SMITH AND JOHNS
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 After five business days from the date of the11
transaction, payment for copper shall be made in the form of a check made payable12
to the name and address of the seller of the metal and mailed to the address13
recorded on the photo identification of the seller no earlier than five business days14
after the date of the transaction or a loadable payment card and shall be tendered15
to the seller in any of the following manners:16
(a) By mail to the address recorded on the photo identification of the17 SB NO. 131
SLS 13RS-410 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
seller.1
(b) In person at the place of business of the operator.2
(c) By electronic transfer.3
(2) An operator shall not enter into any cash transactions in excess of three4
hundred dollars in payment for the purchase of metal property other than copper.5
Payments in excess of three hundred dollars for metals other than copper shall be6
made in the form of a check made payable to the name and address of the seller or7
a loadable payment card and may be tendered to the seller at the time of the8
transaction. The operator, at his discretion, may make payment by either cash or9
other method for transactions of three hundred dollars or less for all metals other10
than copper.11
* * *12
C. Except for copper purchases, in lieu of a check, Pursuant to the13
provisions of this Section, if an operator may make makes a payment to the seller14
in the form of a check or loadable payment card,. The the operator shall require15
verification of the seller's identification by a driver's license or similar means, and16
shall require verification of the seller's address by a current utility bill. The operator17
shall retain a copy of such utility bill.18
* * *19
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by J. Ashley Mitchell.
DIGEST
John Smith (SB 131)
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 provides that after five business days from the date of the transaction, payment
for copper shall be made in the form of a check made payable to the name and address of the
seller of the metal or a loadable payment card and shall be tended to the seller in either of
the following manners: SB NO. 131
SLS 13RS-410 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1)By mail to the address recorded on the photo identification of the seller.
(2)In person at the place of business of the operator.
(3)By electronic transfer.
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.
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 check or 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Requires that payment for the sale of copper be made after five business days
after the transaction either by check or by loadable payment card.
2. Provides that payment by check or loadable payment card shall be either
mailed to the seller at the address recorded on the photo identification of the
seller or in person at the place of business of the operator.
Senate Floor Amendments to engrossed bill
1. Allows payment "by electronic transfer".
2.Allows payment by a check card.