"Scrap Metal" means metal materials which are purchased for resale to be recycled, including but not limited to ferrous materials, catalytic converters, auto hulks, copper, copper wire, copper alloy, bronze, zinc, aluminum other than in the form of cans, stainless steel, nickel alloys, or brass, whether in the form of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps or connectors, Railroad Track Materials, Water Utility Materials, and Used Building Components. The term shall not include precious metals, including but not limited to gold, silver, and platinum.
"Railroad Track Materials" means steel in the form of railroad tracks or in the form of rail, switch components, spikes, angle bars, tie plates, or bolts of the type used in constructing railroads, or any combination of such materials.
"Used Building Component" means 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 or structure, regardless of monetary worth, age, size, shape, or condition, that is immovable property, or fixtures or component parts of immovable property of any nature or kind.
"Water Utility Materials" includes but is not limited to water meters, valves, pipes, and fittings.
Specified Materials, as used in this summary, refers to the items listed in Section 37:1970.C.(1):
"Operator" means any person employed in responsible charge of operating all or any portion of a scrap metal recycling facility.
Does not apply to:
A Recycler shall apply for an occupational license, specifying the address of the business location. A Recycler shall also submit a Section 2,500 bond in favor of the city or parish where the business is to be established as a surety for compliance with the Chapter. If the location of the business is changed after a license is issued, business shall not be conducted at the new location or under the license until the issuing official notes the change on the license and the superintendent of police of the city or sheriff of the perish is notified in writing.
An Operator shall maintain a written or electronic register of Scrap Metal purchases in the form prescribed by the Department of Public Safety and Corrections with the following:
One of the following from the Seller, cross-referenced with the record:
For Railroad Track Materials, an Operator must additionally record the following and attempt to verify the authenticity of the statement provided:
A signed statement of consent from the appropriate railroad company with:
For Specified Materials as listed in Section 37:1970.C.(1), an Operator must additionally record a signed statement from the company or governmental entity owning the materials containing the following, and attempt to verify the authenticity of the statement:
Records shall be retained for 3 years at the place of business, except photos of Scrap Metal and a Seller's photos, thumbprints, or copy of a Seller's ID need only be retained for 1 year.
Records and purchased articles must be at all times open for inspection by any peace officer or 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 operator does business. Photographs shall be made available to a law enforcement agency within 24 hours after a request.
Every day before 12 PM, Operators must transmit an electronic report of the previous day's records to an electronic database accessible by law enforcement as well as to the chief of police of the city or sheriff of the county where they do business. Payments made by check must be reported separately in the daily reports.
The appropriate law enforcement official may, for an investigation of a crime relating to a particular Scrap Metal transaction, request the Operator to mail or fax them the personally identifiable information relating to the transaction within 24 hours of the request.
An Operator may only purchase Scrap Metal between 7AM and 7PM, except on Saturdays and during December the purchase hours are extended to between 7AM and 10 PM.
Operators shall not:
No cash payments for copper or for aluminum copper air-conditioning coils. Payment for such must be made 5 business days after the transaction in the form of a check made payable to the name and address of the Seller or a loadable payment card and tendered in any of the following ways:
No cash payments in excess of $300 for metal other than copper or aluminum-copper air conditioning coils. Sellers may not engage in multiple transactions within 24 hours totaling more than $300 to avoid payment restrictions. Payments in excess of $300 shall be made either by check payable to the name and address of the Seller or a loadable payment card. Payment may be tendered at the time of the transaction.
For payments by check or loadable payment card, the Operator must verify the Seller's identification by a driver's license or similar and verify the Seller's address by a current utility bill. The Operator must retain a copy of the utility bill.
Payments made by check must be reported separately in the daily reports. Operators may not cash, offer to cash, or provide the means for exchanging for cash a check issued to the Seller at their place of business. This includes an automated teller machine.
(Added by SB 30) No person is exempt from prosecution under Section 14:69. Illegal Possession of Stolen Things, for any act committed with fraudulent, willful, or criminal knowledge regardless of any other statutory presumption or exemption, including any signed statement of ownership executed by a purported owner of property.
Failure to obtain the Seller's signed statement of ownership is prima facie evidence of the fraudulent intent and guilty knowledge on the part of the Operator.
An Operator who obtains the required statement from a Seller of Railroad Track or Specified Materials shall be exonerated from any fraudulent, willful, or criminal knowledge.
A licensed Operator who violates, neglects, or refuses to comply with any provision shall be subject to a $1,000 to $10,000 fine and/or 30 to 60 days imprisonment. Additionally, for a:
An Operator convicted of selling stolen goods shall have their occupational license revoked.
Upon motion in a court of competent jurisdiction, the Occupational License Tax Collector may rule a noncomplying Operator to show cause in 2 to 10 days, exclusive of holidays, for why the Operator's license should not be suspended or revoked.
A person operating as an unlicensed Operator shall be fined at least $1,000 and/or imprisoned 30 to 60 days. Additionally, for a:
Theft of Copper or Other Metals is defined under Section 14:67.28 as any taking of copper, copper wire, copper alloy, bronze, brass, zinc, aluminum other than in the form of cans, stainless steel, or nickel alloys, whether in the form of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps, connectors, or Railroad Track Materials, either without the consent of the owner or by means of fraudulent conduct, practices, or representations, with the intent to permanently deprive the owner of the copper or other metal. The value of the copper or other metals is determined as the aggregate of the fair market value of the copper or other metals, the cost of replacement, and the cost of replacing and repairing property that was damaged as a result of the theft. Violations are punishable by:
For a first conviction, if the value is:
Theft of a Utility Property valued in excess of $100 is defined under Section 14:67.24 as the misappropriation or taking of any component which is reasonably necessary to provide utility services, or any other building or structure or part of a structure that a utility uses in the production or use of its services, belonging to another without the consent of the owner to the misappropriation or taking. An intent to deprive the owner permanently of whatever may have been the subject of the misappropriation or taking is an essential element of this offense. Violations are punishable by not more than a $10,000 fine and/or 2 to 10 years imprisonment with or without hard labor.
No governing authority of a political subdivision shall enact an ordinance in conflict.
The provisions of the Louisiana law shall expire on July 31, 2016
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This summary of State Metals Theft Laws is being viewed on this website under license and is owned and copyrighted by Institute of Scrap Recycling Industries, Inc. ("ISRI"),1615 L Street, N.W., Suite 600, Washington, DC 20036.