HLS 19RS-688 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 233
BY REPRESENTATIVE WRIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SECONDHAND DEALERS: Provides relative to the types of payments accepted by
secondhand dealers
1 AN ACT
2To amend and reenact R.S. 37:1862.1 and to repeal R.S. 37:1864.3, relative to the
3 transactions of secondhand dealers; to provide for applicability; to repeal the
4 prohibition on certain cash transactions; to repeal reporting requirements; to repeal
5 the prohibition on check cashing; to repeal penalties; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:1862.1 is hereby amended and reenacted to read as follows:
9 ยง1862.1. Record and reporting requirements; application
10 The provisions of R.S. 37:1864, 1864.1, 1864.3, 1865, and 1866 shall not
11 apply to a person operating as a secondhand dealer pursuant to R.S. 37:1785.
12 Persons operating as secondhand dealers pursuant to R.S. 37:1785 shall be subject
13 to the record acquisition, maintenance, and reporting requirements of R.S. 37:1796,
14 1797, and 1798.
15 Section 2. R.S. 37:1864.3 is hereby repealed in its entirety.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 233
HLS 19RS-688 ORIGINAL
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)]
HB 233 Original 2019 Regular Session Wright
Abstract: Repeals prohibitions and requirements relative to certain transactions of
secondhand dealers.
Present law prohibits a secondhand dealer from entering into any cash transactions in
payment for the purchase of copper or aluminum-copper air conditioning coils. Proposed law
repeals present law.
Present law requires payment for copper or aluminum-copper air conditioning coils to be
made in the form of a check made payable to the seller of the copper or aluminum-copper
air conditioning coils and mailed to the address recorded on the photo ID of the seller no
earlier than 5 business days after the date of the transaction. Proposed law repeals present
law.
Present law prohibits a secondhand dealer from entering into any cash transactions in
payment for the purchase of any precious metal object. Proposed law repeals present law.
Present law requires payment for a precious metal object to be made in the form of a check
made payable to the seller of the metal. Proposed law repeals present law.
Present law prohibits a secondhand dealer from entering into any cash transaction in excess
of $300 in payment for the purchase of metal property other than copper, aluminum-copper
air conditioning coils, or a precious metal object. Proposed law repeals present law.
Present law requires payments in excess of $300 for metals other than copper, aluminum-
copper air conditioning coils, or a precious metal object to be made in the form of a check
made payable to the name and address of the seller and allows the payments to be tendered
to the seller at the time of the transaction. Proposed law repeals present law.
Present law provides that the secondhand dealer, at his discretion, may make payment by
either cash or other method for transactions of $300 or less for all metals other than copper
or aluminum-copper air conditioning coils, or a precious metal object. Proposed law repeals
present law.
Present law requires all payments made by check to be reported separately in the daily
reports required by present law. Proposed law repeals present law.
Present law prohibits a secondhand dealer from allowing a seller to engage in multiple
transactions within a 24-hour period totaling more than $300 for the purpose of
circumventing present law. Proposed law repeals present law.
Present law prohibits a secondhand dealer from cashing, offering to cash, or providing the
means for exchanging for cash a check issued to a seller pursuant to present law on the
premises of the secondhand dealer's place of business, including but not limited to the use
of an automatic teller machine. Proposed law repeals present law.
Proposed law removes reference to present law as it relates to applicability to secondhand
dealers.
(Amends R.S. 37:1862.1; Repeals R.S. 37:1864.3)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.