Louisiana Revised Statutes 37:1967 – Record of scrap metal purchased required; exceptions; retention period; inspections by law enforcement; violations; penalty
Terms Used In Louisiana Revised Statutes 37:1967
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Operator: means any person employed in responsible charge of operating all or any portion of a scrap metal recycling facility. See Louisiana Revised Statutes 37:1962
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- 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. See Louisiana Revised Statutes 37:1962
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 La. Rev. Stat. 14:69.
Acts 2012, No. 827, §1, eff. June 14, 2012.