Amendment vs bill House Committee Amendment, #5620, COM, Draft vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Regular Session ENROLLED SENATE BILL NO.
HCASB496 4463 5620 HOUSE COMMITTEE AMENDMENTS Regular Session AmendmentsproposedbyHouseCommitteeonCommerceto ReengrossedSenateBill No.
496 BY SENATOR CONNICK AN ACT To amend and reenact R.S.
by Senator Connick AMENDMENT NO.
37:1962, 1964(8), 1972(C), the introductory paragraph of 1973(A)(1), and 1973(A)(2) and (C), and to enact R.S.
1 On page 1, line 16, after "directly" insert a comma "," and after "affiliates" insert a comma "," AMENDMENT NO.
37:1968(C) and 1972(D), relative to scrap metal recycling;
2 On page 1, line 17, change "who" to "that" AMENDMENT NO.
to provide for recordkeeping and reporting requirements for certain transactions;
3 On page 2, line 20, change "means:" to "means either of the following:" AMENDMENT NO.
to provide for payment requirements for certain metal transactions;
4 On page 2, line 23, delete "(2)" AMENDMENT NO.
to provide for duties of operators;
5 On page 3, at the beginning of line 3, insert "(2)" Page 1 of 1 CODING:
to provide for exemptions;
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
to provide for definitions and terms;
and to provide for relatedmatters.
Be it enacted by the Legislature of Louisiana:
Section1.R.S.37:1962,1964(8),1972(C),theintroductoryparagraphof1973(A)(1), and 1973(A)(2) and (C) are hereby amended and reenacted and R.S.
37:1968(C) and 1972(D) are herebyenacted to read as follows:
§1962.
Definitions AsusedinthisChapter,thefollowingwordsshallhavethemeaningascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Cable service provider" means any person or entity that provides cableserviceoveracablesystemanddirectly,orthroughoneormoreaffiliates, owns a significant interest in that cable system, or that otherwise controls or is responsible for, through any arrangement, the management and operation of that system.
(2) "Carrier" means any person who transports in a transport vehicle hazardous materials, freight, or passengers and includes a common, contract, or private carrier.
(3)"Commoncarrier"includesallpersonsengagedinthetransportation of petroleum as public utilities and common carriers for hire, or which on Page 1 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
496 ENROLLED proper showing may be legally held a common carrier from the nature of the business conducted, or from the manner in which such business is carried on.
(4) "Copper or brass material" means either of the following:
(a) A power inverter,bus bar, insulated or noninsulated copper wire or cablethatcontains copperoranalloyofcopperandzinc,andthatis of thetype used by any of the following:
(i) Cable service provider.
(ii) Carrier.
(iii) Person responsible for the construction, maintenance, service, or operation of a pipeline.
(iv) Public utility.
(v) Telecommunications service provider.
(vi) Video service provider.
(b) Any copper or brass item of a type commonly used in construction or by a person listed in this Paragraph.
(5) "Operator" means any person employed in responsible charge of operating all or any portion of a scrap metal recycling facility.
(6)"Pipeline"meansflow,transmission,distribution,orgatheringlines, regardless of size or length, which transmit or transport oil, gas, petrochemicals, minerals, or water in a solid, liquid, or gaseous state.
(7) "Public utility" means any business or organization that regularly supplies the public with a commodity or service, including electricity, gas, water, telephone, telegraph, radio, drainage, sewerage,and other like services.
(2)(8)"Railroadtrackmaterials"meanssteelintheformofrailroadtracksor 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)(9) "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, Page 2 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
496 ENROLLED cable, ingots, rods, tubing, wire, wire scraps, clamps or connectors, railroad track materials, water utilitymaterials, and used building components.
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The term shall not include precious metals, including but not limited to gold, silver, and platinum.
(4)(10)"Scrapmetalrecyclingfacility"meansanyphysicalentitythathasthe function of recycling scrap metal.
(11) "Telecommunications service" means the electronic transmission, conveyance,orrouting of voice,data, audio, video, oranyotherinformation or signals to a point, or between or among points.
"Telecommunications service" includesthetransmission,conveyance,orroutinginwhichcomputerprocessing applications are used to act on the form, code, or protocol of the content for purposesoftransmission,conveyance,orroutingwithoutregardtowhetherthe serviceisreferredtoasvoiceoverinternetprotocolserviceorisclassifiedbythe Federal Communications Commission as an enhanced or value-added service.
(5)(12)"Usedbuildingcomponent"meansanyobjectproducedorshapedby human workmanship or tools that is an element of structural, architectural, archaeological,historical,ornamental,cultural,utilitarian,decorative,orsentimental 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.
(13) "Video service provider" means any entity providing video service programming through wireline facilities located at least in part in any public right-of-waywithoutregardtodeliverytechnology,includinginternetprotocol technology.
(6)(14) "Water utility materials" shall include but not be limited to water meters, valves, pipes, and fittings.
* * * §1964.
Exemptions The provisions of this Chapter shall not apply to:
* * * Page 3 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
496 ENROLLED (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.
Business-to-business purchase of materials by an operator from either of the following:
(a) Any licensed operator, scrap metal recycling facility, cable service provider,carrier,publicutilitycompany,telecommunicationsserviceprovider, or video service provider.
(b) Any othermanufacturing, industrial, or other commercial business, or its agent, that generates scrap metal in the ordinary course and scope of its business.
* * * §1968.
Photographic and other records;
exceptions * * * C.Inanytransactioninvolvingcopperorbrassmaterial,everyoperator shall be required to obtain a photograph of the person selling or delivering the copper or brass material to the facility, a thumbprint of the person, the quality of which thumbprint shall besufficienttoidentifytheperson, and a photocopy of the person's valid Louisiana driver's license, valid driver's license from anotherstate,validpassport,militaryidentification,oridentificationissuedby a governmental agency or the United States Postal Service.
* * * §1972.
Daily report of entries * * * C.Inanytransactioninvolvingcopperorbrassmaterial,everyoperator licensed pursuant to this Chapter shall, every day before the hour of twelve noon, transmit pictures of all copper or brass materials purchased during the previous day to an electronic database accessible by law enforcement.
D.
The operator shall have the responsibility of tendering the information provided for in Subsections A and B, B, and C of this Section regardless of its use or nonuse bythe chief of police in the cityor town in which he is doing business or, Page 4 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
496 ENROLLED alternatively, to the sheriff of the parish in whichheisdoingbusiness.
Thetender of this information is a courtesymandatedbystate 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.
§1973.
Payment by loadable payment card or check for copper or brass materials, 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 brass materials, or aluminum-copper air conditioning coils.
After five business days from the date of the transaction, payment for copper or brass materials, 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 brass materials, or aluminum-copper air conditioning coils, or a loadable payment card and shall be tendered to the seller in anyof the following manners:
* * * (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 brass materials, or aluminum-copper air conditioning coils.
Payments in excess of threehundreddollarsformetalsotherthancopperorbrassmaterials,oraluminum- 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 maybe tendered to the seller at the time of the transaction.
The operator, at his discretion, maymake payment by either cash or other method for transactions of three hundred dollars or less for all metals other than copper or brass materials, or aluminum-copper air conditioning coils.
* * * C.
Pursuantto theprovisions ofthisSection,ifanoperatormakesapayment to the seller in the form of a check or loadable payment card, the operator shall require verification of the seller's identification bya valid driver's license or similar means and shall require verification of the seller's address by a current utility bill.
Page 5 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
496 ENROLLED The operator shall retain a copyof such utility bill.
* * * PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 6 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.