reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1893.2. Applicant notification of licensure or denial; procedures for denial of license

RS 37:1893.2 - Applicant notification of licensure or denial; procedures for denial of license
A. The executive director of the commission shall notify in writing each applicant for licensure of the action taken by the commission on an application.
B.(1) An applicant who has been denied a license shall be notified of the grounds for denial as set forth in R.S. 37:1893.1.
(2) An applicant whose application has been denied may request in writing a review of the denial by the commission within thirty days from receipt of the denial.
C.(1) The commission shall hear all denials upon reasonable notice to the applicant.
(2) An applicant who requests a review of the denial of his application shall provide either written or oral support for his request. Without the support, the request for review shall be denied.
(3) The commission shall either affirm or reverse the denial following the review of the denial.
D. The commission's decision to affirm the denial shall be final when rendered. The applicant may appeal the decision as provided in R.S. 37:1893.3.
Acts 2023, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1893.4. Injunctions; cease and desist orders

RS 37:1893.4 - Injunctions; cease and desist orders
A. The commission may institute injunctive actions in courts of competent jurisdiction in the name of the state without cost, bond, or deposit to enforce the provisions of this Part.
B. A person who violates or threatens to violate any provision of this Part or rule or regulation promulgated by the commission may be enjoined from committing or continuing the violation or engaging in any business for which a license has been issued in accordance with this Part. In addition to any other proper venue, the parish of East Baton Rouge shall constitute a proper venue for the institution by the commission of judicial actions authorized pursuant to this Part.
C. All costs, including reasonable attorney fees set by the court incurred by the commission, shall be borne by the person who has been so enjoined.
D.(1) If it appears to the commission at any time that a person is violating the provisions of this Part or any rule or order of the commission issued pursuant to this Part, it shall notify the person engaged in the conduct to appear and show cause why a cease and desist order shall not be issued prohibiting the proscribed conduct. An interlocutory cease and desist order may be granted with or without bond or other undertaking if any of the following conditions exists:
(a) The order is necessary for the performance of the duties delegated to the commission by this Part or is otherwise necessary or convenient to maintaining the status quo between two or more adverse parties before the commission.
(b) A party before the commission is entitled to relief demanded of the commission, and all or part of the relief requires the restraint of some act prejudicial to the party.
(c) A person is performing or is about to perform or is procuring or allowing the performance of an act relating to the subject of a contested case pending before the commission, and the act would tend to render the commission's order in that case ineffectual.
(d) Substantial injury to the rights of a person subject to the jurisdiction of the commission is threatened irrespective of any remedy at law.
(2) An interlocutory cease and desist order shall remain in effect until it is vacated or incorporated into a final commission order. A permanent cease and desist order may be issued without regard to the enumerations in Paragraph (1) of this Subsection but only in accordance with the provisions of this Part pertaining to the issuance of final commission orders.
(3) Appeal of an interlocutory cease and desist order shall be made to the commission prior to seeking judicial review in accordance with the provisions of this Part. Appeal of a permanent cease and desist order shall be conducted pursuant to the provisions of this Part pertaining to judicial review of final orders.
Acts 2023, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1893.5. Civil penalties

RS 37:1893.5 - Civil penalties
A. A license shall not be granted to an applicant if the commission determines that an applicant is not qualified to receive a license. A license may be suspended or revoked or a civil penalty may be imposed by the commission if the commission determines that a licensee is guilty of violating any provisions of this Part or the rules and regulations of the commission. The commission may also impose a civil penalty against a person who is determined by the commission to have violated any of the provisions of this Part or the rules and regulations of the commission.
B.(1) No civil penalty imposed for a violation shall exceed two thousand dollars for each day that the violation continues.
(2) On a second or subsequent violation, no civil penalty imposed shall exceed three thousand dollars for each day that the second or subsequent violation continues. A lapse of at least one day following the first or previous violation shall occur to constitute a second or subsequent violation.
C. A civil penalty imposed by the commission may be suspended in whole or in part at the discretion of the commission.
D. Upon the failure of a person to timely pay a civil penalty imposed by the commission when civil penalty is due, the commission is entitled to recover by suit or otherwise all costs of collection, including court costs, deposition, and other discovery costs, and reasonable attorney fees incurred by the commission in collecting the civil penalty.
Acts 2023, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1893.6. Abandonment of business; revocation of license

RS 37:1893.6 - Abandonment of business; revocation of license
A. A business location shall be considered abandoned upon any of the following:
(1) The business is closed during the posted business hours for a period of more than two weeks without notice to the commission.
(2) The business telephone, as provided on the dealer's license application, is disconnected or no longer in service.
(3) The business sign has been removed.
B. When a business location of a catalytic converter dealer is abandoned, the license of the dealer shall be revoked without a hearing if a request for a hearing on the revocation is not made within five business days following the posting of a notice on the front door of the abandoned business.
Acts 2023, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1894. Exceptions

RS 37:1894 - Exceptions
The provisions of this Part shall not apply to either of the following:
(1) A dealer licensed by the Louisiana Motor Vehicle Commission.
(2) A person possessing not more than the used detached catalytic converters from one vehicle owned by the person.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1895. Requirements of purchaser and seller; recordkeeping

RS 37:1895 - Requirements of purchaser and seller; recordkeeping
A. Except as otherwise provided for in this Section, it is unlawful for any person not licensed as a dealer by the commission pursuant to this Chapter to possess, obtain, or otherwise acquire, transport, or sell more than the used or detached catalytic converters from one vehicle owned by the person or any nonferrous part of a catalytic converter without providing all of the following documentation to law enforcement upon request:
(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 purchase.
(3) The name and address of the person or persons from whom the material was purchased, including the distinctive number of each person's Louisiana driver's license, driver's license from another state, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. If the person cannot produce any form of identification as provided for in this Paragraph at the time of purchase, the purchaser shall not complete the transaction.
(4) The motor vehicle license number of the vehicle or conveyance on which such material was delivered.
(5) A full description and photograph of all such material purchased.
(6) A picture of the person from whom the material was purchased.
(7) The year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was detached.
B. All information obtained pursuant to Subsection A of this Section shall be kept for a period of three years and shall be made available for inspection by any peace officer, law enforcement official, or commission official at any time during the three-year period.
C. Any person who purchases a used or detached catalytic converter shall obtain a signed statement from the seller prior to the purchase attesting that the catalytic converter has been paid for or is owned by the seller. A failure of the purchaser to obtain a statement from the seller shall be prima facie evidence of the fraudulent intent and guilty knowledge on the part of the purchaser within the meaning of this Part and shall be sufficient to warrant a conviction. A purchaser who obtains the required statement from the seller shall be exonerated from any fraudulent, willful, or criminal knowledge within the meaning of this Chapter.
D. It is unlawful to provide any false, fraudulent, altered, or counterfeit information or documentation as required by this Section.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1896. Failure to comply; criminal penalty

RS 37:1896 - Failure to comply; criminal penalty
A. Anyone acting as an unlicensed catalytic converter purchaser or seller who obtains, possesses, acquires, or transports used or detached catalytic converters or who provides false, fraudulent, altered, or counterfeit information or documentation in violation of the provisions of this Part shall be fined not less than five hundred dollars and be imprisoned not less than thirty days nor more than sixty days per violation as provided for in Subsection D of this Section.
B. For a second offense, the violator shall be fined not more than two thousand dollars and be imprisoned with or without hard labor for not more than two years per violation as provided for in Subsection D of this Section.
C. For a third or subsequent offense, the violator shall be fined not more than ten thousand dollars and be imprisoned with or without hard labor for not more than five years per violation as provided for in Subsection D of this Section.
D.(1) Each unlawfully obtained, possessed, or transported used or detached catalytic converter is a separate violation that subjects the individual or entity to a separate charge.
(2) Each fraudulent, altered, or counterfeit information or documentation is a separate violation that subjects the individual or entity to a separate charge.
(3) Upon conviction, the court may order the individual or entity to pay restitution for the value of the repair and replacement of the catalytic converter or be held liable as otherwise provided by law.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1901. "Transient merchant" and "person" defined

RS 37:1901 - "Transient merchant" and "person" defined
"Transient merchant" as used in this Part means any person engaging temporarily in a retail or wholesale sale of goods, wares or merchandise, in any place in the State of Louisiana and who, for the purpose of conducting such business, occupies any lot, building, room or structure of any kind. The term shall not be construed to apply to any person selling goods, wares or merchandise of any description, raised, produced, or manufactured by the individual offering them for sale; nor to persons handling vegetables, fruits or perishable farm products at any established city, town or village market; nor to persons operating stores or refreshment stands at resorts or having booths on or adjacent to the property owned or occupied by them; nor to any stands on any fairgrounds; nor to any vendor of soft drinks or refreshments.
"Person" as used in this Part includes any corporation, or partnership, or two or more persons having a joint or common interest.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1903. Application; agent for service of process; bond; license fee; disposition of fees

RS 37:1903 - Application; agent for service of process; bond; license fee; disposition of fees
A person desiring to engage in business as a transient merchant shall make and file with the president of the governing authority of the parish in which he intends doing business a written application stating the applicant's name, residence, and place where he intends doing business and the kind of business. If the applicant is acting as agent for another person, he shall also cause to be filed a power of attorney appointing said president of the governing authority as the agent on whom service of process may be made in any suit commenced against him. The applicant shall, at the same time, deposit the sum of ten thousand dollars, or a surety company bond in a like amount and pay to him the further sum of seventy-five dollars, as a license fee. Whereupon the president of the governing authority shall then issue to the applicant a license as herein provided, if satisfied that the business to be conducted by such merchant is not maintained to cheat or defraud the public. The license shall expire on December thirty-first following the date of issue. All license fees paid pursuant to this Part shall go into the general fund of the parish where paid, except where the business is located within an incorporated municipality, in which case the license fees shall go into the general fund of the municipality.
Acts 1987, No. 901, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1904. Deposits subject to claims; garnishment proceedings; remittance of balance of cash deposit

RS 37:1904 - Deposits subject to claims; garnishment proceedings; remittance of balance of cash deposit
Deposits made with such president of the parish governing authority shall be subject to claims of creditors and claims for local license fees on behalf of the city, village or township in all cases where a judgment has been obtained against the transient merchant in any court in this state and the time for appealing such judgment has expired.
In such cases garnishment proceedings may be commenced in such court against the president of the governing authority, who shall thereupon remit to the court any balance of the cash deposit remaining in his hands not exceeding the amount of the judgment, for the purpose of satisfying the same.
Any balance remaining in the hands of the president of the governing authority four months after the expiration of the license shall be remitted to the transient merchant; but if, at such date, the president has received notice of any suit then pending against the transient merchant, the deposit shall not be returned until sixty days after the termination of the suit.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1905. License void when deposit exhausted; revocation of license; suit to set aside decision

RS 37:1905 - License void when deposit exhausted; revocation of license; suit to set aside decision
A license shall be void as soon as the deposit made with the president of the parish governing authority as provided in R.S. 37:1903 shall have been exhausted because of garnishment suits authorized in R.S. 37:1904.
The president may revoke any license issued by him, for good cause shown, after giving the licensee reasonable notice and opportunity to be heard, subject to the right of the licensee to bring a suit in the district court of the parish where the license may have been revoked, to set aside the decision of the president, the said suit to be filed within ten calendar days after the decision of the president.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1906. Prima facie evidence

RS 37:1906 - Prima facie evidence
Transaction of business as defined in R.S. 37:1901, by any person for a period of less than six months consecutively shall be prima facie evidence that the person was a transient merchant within the intent and meaning of this Part.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1909. "Mayor of the municipality" substituted for "president of parish governing authority" when business located in municipality

RS 37:1909 - "Mayor of the municipality" substituted for "president of parish governing authority" when business located in municipality
Whenever any business as herein defined is located or is to be located in any incorporated municipality, then the mayor of such municipality shall have all the power and authority, and be subject to all the duties as hereinabove provided for the president of the parish governing authority, who in such cases, shall be without right or authority to act; also, in such cases the words "mayor of the municipality" shall be substituted for the words "president of the parish governing authority", wherever same occur in this Part.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1921. Definitions

RS 37:1921 - Definitions
The following terms shall have the meaning ascribed to them unless the context clearly indicates otherwise:
(1) "Itinerant vendor" means any person, partnership, firm or corporation of whatever type, including their agents and employees, who engages in a temporary business in this state exhibiting merchandise to the public for the purpose of selling or offering to sell, or taking orders to sell such merchandise when such vendor does not have a permanent address in this state and does not have a duly appointed agent for service of process in this state.
(2) "Merchandise" shall mean any consumer item that is, or is represented to be, new or not previously owned by a consumer.
Added by Acts 1982, No. 815, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1922. Agent; bond

RS 37:1922 - Agent; bond
A. It shall be unlawful for any itinerant vendor to engage in any temporary business without first having complied with the provisions of this Part.
B. Each itinerant vendor shall appoint an agent within this state which agent shall be a resident of this state. The agent shall accept service of process on behalf of the itinerant vendor in any suit filed against the itinerant vendor and shall be responsible for processing any warranty claim on merchandise sold by the itinerant vendor.
C. The name and street address of the agent shall be filed with the secretary of state. In addition, the name and address of the agent shall be furnished in writing to each person purchasing an item from the itinerant vendor along with a written statement that the agent is the proper person to accept service of process in any suit filed against the vendor, and is the proper person to process any warranty claim.
D. Each agent shall post a bond with the secretary of state in the amount of five thousand dollars for each itinerant vendor for which he services as agent. The bond shall be to insure the performance of his duties as provided in this Part and shall remain in effect for a period of two years after the date on which the last sale by the itinerant vendor is made in this state. Said bond shall be available to satisfy judgments rendered against said itinerant vendor.
E. The secretary of state shall collect ten dollars for filing and five dollars for certifying any documents or information provided for in this Part.
Added by Acts 1982, No. 815, §1. Acts 1983, No. 235, §3, eff. July 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1923. Exceptions

RS 37:1923 - Exceptions
A. This Part shall not apply to sales made at crafts and arts fairs or festivals sponsored by a Louisiana non-profit organization or to sales made at events commonly known as flea markets, stamp shows, coin shows, trade shows, festivals, fairs, or gun shows or to sales of agricultural, seafood, or handcrafted products.
B. Notwithstanding the provisions of Subsection A of this Section, a person renting or leasing space at a wholesale or retail trade show shall present written evidence on the letterhead of the business that he claims to represent, to the manager, director, coordinator, or other appropriate person having responsibility for that specific trade show, of his agency relationship or contract status with such business. Such person shall further agree to comply with the rules governing the types of transactions permitted by such show, including rules prohibiting retail sales at wholesale trade shows.
C. Any itinerant vendor shall be exempt from the provisions of this Section when:
1. He participates in a trade show or other exhibition in which the promoter, manager, coordinator, or other person in authority for such show or exhibition has posted a ten thousand dollar bond with the local governing authority where the merchandise is to be sold; and
2. Such promoter, manager, coordinator, or other person in authority for such show agrees to make every reasonable effort to satisfy complaints by purchasers of merchandise from him.
Added by Acts 1982, No. 815, §1. Acts 1983, No. 571, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1962. Definitions

RS 37:1962 - Definitions
As used in this Chapter, the following words shall have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Operator" means any person employed in responsible charge of operating all or any portion of a scrap metal recycling facility.
(2) "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.
(3) "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.
(4) "Scrap metal recycling facility" means any physical entity that has the function of recycling scrap metal.
(5) "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 whatsoever.
(6) "Water utility materials" shall include but not be limited to water meters, valves, pipes, and fittings.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1963. License required; application; bond

RS 37:1963 - License required; application; bond
No person shall do business as a scrap metal recycler in this state without having first obtained the occupational license required by law. Any person desiring a license as a scrap metal recycler shall make application in writing, specifying the street number and house number of the building where the business is to be carried on. He shall also submit with his application 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 two thousand five hundred dollars with security conditioned for the due observance of all provisions of this Chapter.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1964. Exemptions

RS 37:1964 - Exemptions
The provisions of this Chapter 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, excluding tires and rims, nor wreckers or dismantlers of motor vehicles who are licensed pursuant to 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) The operations of a company that has received a permit, registration, or other authorization from the Department of Environmental Quality for the collection, transportation, treatment, storage, processing of materials to be recycled or reused or disposal of solid waste as defined in R.S. 30:2153.
(6) Persons operating as pawnbrokers pursuant to R.S. 37:1785.
(7) The purchase of firearms for disposal from a law enforcement agency.
(8) The purchase of materials from any manufacturing, industrial, or other commercial vendor that generates the materials as a byproduct or recyclable waste or sells such materials in the ordinary course of its business.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1965. Change in location to be noted on license

RS 37:1965 - Change in location to be noted on license
If after issuance and delivery of a license under the provisions of this Chapter 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 license notes the change on the license, and the superintendent of police of the city or the sheriff of the parish in which the scrap metal recycling facility is doing business is notified in writing of the change.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1966. Hours of business

RS 37:1966 - Hours of business
An operator shall not enter into any transactions for the purchase of scrap metal before the hour of 7:00 a.m. nor after the hour of 7:00 p.m. except on Saturdays and during the month of December, during which time the hour of 7:00 p.m. shall be extended to 10:00 p.m.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1967. Record of scrap metal purchased required; exceptions; retention period; inspections by law enforcement; violations; penalty

RS 37:1967 - Record of scrap metal purchased required; exceptions; retention period; inspections by law enforcement; violations; penalty
A. Every operator shall either keep a register and file reports or electronically maintain data and be capable of readily providing reports, as specified in Subsection B of this Section, in the form prescribed by the Department of Public Safety and Corrections which shall contain the following information:
(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 material was purchased, including the distinctive number of each person's Louisiana driver's license, driver's license from another state, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. If the person cannot produce any of the above forms of identification at the time of purchase, the purchaser shall not complete the transaction.
(4) The motor vehicle license number of the vehicle or conveyance on which such material was delivered.
(5) A full description of all such material purchased, including the weight of the material and whether it consists of bars, kegs, cable, ingots, rods, tubing wire, wire scraps, clamps, connectors, or other appurtenances or some combination thereof.
(6) A full description of railroad track materials purchased, including the weight and whether it consists of rail, switch components, spikes, angle bars, tie plates, or bolts of the type used to construct railroads or other appurtenances or some combination thereof.
B. Each operator shall keep either one copy of such completed form in a separate register or book or maintain the information in electronic format as provided in Subsection A of this Section 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.
C. Failure to maintain the information or the register or to produce a report requested by any peace officer or law enforcement official as required by this Section shall be prima facie evidence that the person receiving such material described in this Section that is not registered or reported, received it knowing it to be stolen, in violation of R.S. 14:69.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1968. Photographic and other records; exceptions

RS 37:1968 - Photographic and other records; exceptions
A. In addition to the information required in R.S. 37:1967, every operator shall be required to obtain a photograph of a person selling or delivering scrap metal to the facility. The quality of such photograph shall be sufficient to readily identify the person depicted. In lieu of the photograph of the person selling or delivering the scrap metal, the operator 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 Louisiana driver's license, driver's license from another state, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. Each photograph, thumbprint, or photocopy, as the case may be, shall be cross-referenced with the ledger entry required by R.S. 37:1967. The photograph, thumbprint, or photocopy shall be preserved for a period of at least a year. Photographs shall be made available to the law enforcement agency within twenty-four hours after the request.
B. In addition to the information required in R.S. 37:1967, every operator shall be required to obtain a photograph of all scrap metal purchased. The quality of the photograph shall be sufficient to readily identify each type of scrap metal depicted. The operator shall obtain multiple photographs if necessary to properly record the scrap metal purchased. Each photograph shall be cross-referenced with the ledger entry required by R.S. 37:1967 and shall be preserved for a period of at least one year. Photographs shall be made available to law enforcement within twenty-four hours after a request.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1969. Scrap metal; purchase when forbidden

RS 37:1969 - Scrap metal; purchase when forbidden
A. No operator shall willfully or knowingly purchase scrap metal unpaid for by the seller or not owned by the seller.
B. No operator shall purchase scrap metal, other than aluminum in the form of cans, from a person under the age of eighteen. Lack of knowledge of age shall not be a defense to a violation of this Subsection.
C. No operator shall purchase precious metals.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1970. Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge

RS 37:1970 - Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge
A. Every operator shall obtain a signed statement from the seller that the scrap metal has been paid for or is owned by the seller, and a failure of the operator to exact a statement from the seller shall be prima facie evidence of the fraudulent intent and guilty knowledge on the part of the operator within the meaning of this Chapter, sufficient to warrant a conviction.
B. In transactions involving railroad track materials, an operator 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, which shall be retained by the operator. The statement shall include 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. The operator shall attempt to verify the authenticity of the statement authorizing the sale of the railroad track materials.
C.(1) An operator shall not purchase any of the following materials without first receiving a signed statement from the company or governmental entity owning the materials and consenting to the sale of the materials identified in the statement:
(a) Infrastructure grade regulated material that has been burned to remove insulation, unless the seller can produce written proof that the regulated material was lawfully burned.
(b) Burnt wire.
(c) Regulated material where the manufacturer's make, model, serial or personal identification number, or other identifying marks engraved or etched upon the material have been conspicuously removed or altered.
(d) Regulated material marked with the name, initials, or otherwise identified as the property of an electrical company, a telephone company, a cable company, a water company or other utility company, or a governmental entity.
(e) A utility access cover.
(f) A water meter cover.
(g) A road or bridge guard rail.
(h) A highway or street sign.
(i) A traffic directional or control sign or signal.
(j) A metal beer keg that is clearly marked as being the property of the beer manufacturer.
(k) A catalytic converter that is not part of an entire motor vehicle.
(2) The statement shall include the name of the company or governmental entity consenting to the sale and the name, employee number, and phone number of the person signing the statement authorizing the sale. The operator shall attempt to verify the authenticity of the statement authorizing the sale of the materials. The statement shall be retained by the operator.
D. An operator who obtains the required statement from the seller shall be exonerated from any fraudulent, willful, or criminal knowledge within the meaning of this Chapter.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1971. Book to be open for inspection

RS 37:1971 - Book to be open for inspection
The book containing the record of purchase as provided for in R.S. 37:1967 and the various articles purchased and referred to therein shall at all times be open 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.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1972. Daily report of entries

RS 37:1972 - Daily report of entries
A.(1) Every operator licensed pursuant to this Chapter shall produce and deliver 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 twelve noon, a legible and correct copy of the entries in the book mentioned in R.S. 37:1967 during the previous day. The means for providing the transactional information required under this Section shall be by electronic transmission.
(2) The appropriate law enforcement official may, for purposes of an investigation of a crime relating to a particular scrap metal transaction, request the operator to mail or fax the official the personally identifiable information relating to the transaction under investigation. The operator shall deliver the personally identifiable information relating to the identified transaction to the appropriate law enforcement official within twenty-four hours of the request.
B. In addition to the daily report required in Subsection A of this Section, every operator licensed pursuant to this Chapter shall, every day before the hour of twelve noon, transmit the information contained in the entries in the book required by R.S. 37:1967(B) during the previous day to an electronic database accessible by law enforcement.
C. The operator shall have the responsibility of tendering the information provided for in Subsections A and B of this Section 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. The tender of this information is a courtesy mandated by state law and which provides a benefit to the general public. The chief of police or sheriff shall not be mandated to take any particular action concerning the information tendered.
Acts 2012, No. 827, §1, eff. June 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1973. Payment by loadable payment card or check for copper, aluminum-copper air conditioning coils, or other metals required; check cashing prohibited

RS 37:1973 - Payment by loadable payment card or check for copper, aluminum-copper air conditioning coils, or other metals required; check cashing prohibited
A.(1) An operator shall not enter into any cash transactions in payment for the purchase of copper or aluminum-copper air conditioning coils. After five business days from the date of the transaction, payment for copper or aluminum-copper air conditioning coils shall be made in the form of a check made payable to the name and address of the seller of the copper or aluminum-copper air conditioning coils, or a loadable payment card and shall be tendered to the seller in any of the following manners:
(a) By mail to the address recorded on the photo identification of the seller.
(b) In person at the place of business of the operator.
(c) By electronic transfer.
(2) An operator shall not enter into any cash transactions in excess of three hundred dollars in payment for the purchase of metal property other than copper or aluminum-copper air conditioning coils. Payments in excess of three hundred dollars for metals other than copper or aluminum-copper air conditioning coils 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. The operator, at his discretion, may make payment by either cash or other method for transactions of three hundred dollars or less for all metals other than copper or aluminum-copper air conditioning coils.
B. All payments made by check shall be reported separately in the daily reports required by R.S. 37:1967.
C. Pursuant to the provisions of this Section, if an operator makes a payment to the seller in the form of a check or 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. The operator shall retain a copy of such utility bill.
D.(1) No operator shall allow a seller to engage in multiple transactions within a twenty-four hour period totaling more than three hundred dollars for the purpose of circumventing this Section.
(2) No operator shall cash, offer to cash, or provide the means for exchanging for cash a check issued to a seller pursuant to this Section on the premises of the operator's place of business, including but not limited to the use of an automatic teller machine.
E. Violations of this Section shall be subject to the penalties provided for in R.S. 37:1974 and 1975.
Acts 2012, No. 827, §1, eff. June 14, 2012; Acts 2013, No. 92, §1; Acts 2014, No. 243, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1974. Violations; penalty

RS 37:1974 - Violations; penalty
A. Any licensed operator who violates, neglects, or refuses to comply with any provision of this Chapter shall be fined not less than two thousand five hundred dollars nor more than ten thousand dollars or be imprisoned for not less than thirty days nor more than sixty days, or both.
B. For the second offense, his occupational license shall be suspended for a thirty-day period. For a third offense, his occupational license shall be revoked and he shall not thereafter be permitted to engage in the business of scrap metal recycling in the state of Louisiana.
C. Any operator convicted of selling stolen goods shall have his occupational license revoked.
D. The occupational license tax collector is hereby vested with the authority, upon motion in a court of competent jurisdiction, to rule the noncomplying operator to show cause in not less than two nor more than ten days, exclusive of holidays, as to why the noncomplying operator's retail occupational license should not be suspended or revoked as prescribed under this Chapter. This rule may be tried out of term and in chambers and shall be tried with preference and priority. If the rule is made absolute, the order rendered therein shall be considered a judgment in favor of the municipality or parish.
Acts 2012, No. 827, §1, eff. June 14, 2012; Acts 2023, No. 151, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1975. Failure to comply; penalty

RS 37:1975 - Failure to comply; penalty
A. Anyone acting as an unlicensed operator without complying with the provisions of this Chapter shall be fined not less than two thousand five hundred dollars nor more than five thousand dollars or be imprisoned not less than thirty days nor more than sixty days, or both.
B. For a second offense, the offender shall be fined not less than five thousand dollars or be imprisoned with or without hard labor for not more than two years, or both.
C. For a third or subsequent offense, the offender shall be fined not less than ten thousand dollars or be imprisoned with or without hard labor for not more than five years, or both.
Acts 2012, No. 827, §1, eff. June 14, 2012; Acts 2023, No. 151, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2101. Definitions

RS 37:2101 - Definitions
Words and phrases defined below shall when used in this Chapter have the following meaning unless the context clearly indicates otherwise:
(1) "Board of Examiners" and "Board" means the Louisiana State Board of Examiners for Sanitarians.
(2) "Sanitarian" means a person who possesses the necessary qualifications as recognized in this Chapter to carry out inspectional, educational, and investigational duties in the field of environmental sanitation, or who serves as a consultant, supervisor, or administrator of programs and personnel involving such duties.
(3) "Sanitarian trainee" means a person who possesses the necessary academic qualifications as recognized in this Chapter for licensing as a sanitarian, but who does not possess the required year of experience and training in sanitation.
Added by Acts 1954, No. 371, §1; Acts 2018, No. 206, §7.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2102. Board of Examiners; creation; domicile; membership; terms of office

RS 37:2102 - Board of Examiners; creation; domicile; membership; terms of office
A.(1) The Louisiana State Board of Examiners for Sanitarians is hereby created within the Louisiana Department of Health and is subject to the provisions of R.S. 36:803. Its domicile shall be in the city of New Orleans, Louisiana. The board shall consist of seven members, three of whom shall be respectively the dean of the College of Arts and Sciences of Louisiana State University and Agricultural and Mechanical College; the dean of the College of Arts and Sciences of Tulane University of Louisiana; and the assistant secretary, office of public health of the Louisiana Department of Health, three of whom shall be licensed practicing sanitarians, and one consumer member, all of whom shall be appointed by the governor and confirmed by the Senate. The consumer member may also apply directly to the office of the governor.
(2) The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity.
(3)(a) The consumer member shall be selected from the state at large. The consumer member of the board shall possess all of the following qualifications:
(i) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.
(ii) Has attained the age of majority.
(iii) Has never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S. 36:259(A).
(iv) Has never been convicted of a felony.
(v) Does not have and has never had a material financial interest in the healthcare profession.
(b) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.
B. Each member appointed to the board shall serve for a term of four years.
Added by Acts 1954, No. 371, §2. Amended by Acts 1977, No. 684, §23; Acts 2009, No. 28, §1, eff. June 15, 2009; Acts 2018, No. 515, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2103. Qualifications of board members

RS 37:2103 - Qualifications of board members
The governor shall appoint to the original board members who are recognized as outstanding professional sanitarians actively engaged in practicing as such. Each of the original members shall qualify and become a licensed sanitarian under the provisions of this Chapter within ninety days of his appointment or forfeit his office. Thereafter, the governor shall appoint to any vacancy only sanitarian members who are duly licensed under the provisions of this Chapter and whose names are listed on the official roster of the board as licensed sanitarians of the state of Louisiana in good standing.
Added by Acts 1954, No. 371, §3.