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WTF? Louisiana Bans Cash For Second Hand Transactions

I'm struggling to understand the reasoning behind this, much less the priorities that make the Louisiana legislature decide to make this move.

Cold hard cash. It's good everywhere you go, right? You can use it to pay for anything.

But that's not the case here in Louisiana now. It's a law that was passed during this year's busy legislative session.

House bill 195 basically says those who buy and sell second hand goods cannot use cash to make those transactions, and it flew so far under the radar most businesses don't even know about it.

"We're gonna lose a lot of business," says Danny Guidry, who owns the Pioneer Trading Post in Lafayette. He deals in buying and selling unique second hand items.

"We don't want this cash transaction to be taken away from us. It's an everyday transaction," Guidry explains.

Guidry says, "I think everyone in this business once they find out about it. They're will definitely be a lot of uproar."

The law states those who buy or sell second hand goods are prohibited from using cash. State representative Rickey Hardy co-authored the bill.

Hardy says, "they give a check or a cashiers money order, or electronic one of those three mechanisms is used."

Hardy says the bill is targeted at criminals who steal anything from copper to televisions, and sell them for a quick buck. Having a paper trail will make it easier for law enforcement.

I don't think this would hold up in court. Cash is legal tender of the United States government. How can a state legislature ban its usage? And frankly, I think the whole "helping the police" is a crock of bull. As banks start charging more and more fees for us to have the privilege of letting us access our money, I suspect that Rickey Hardy is doing a solid for his lobbyist buddies in the banking industry.

h/t Balloon Juice

About Nicole Belle
Nicole Belle's picture
Mom, Wife, Media Critic/Political Analyst, Blogger, Austen Fanatic, Unapologetic Liberal NicoleBelle@crooksandliars.com
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66 Comments
Joe H.'s picture

This is going nowwhere...A quick romp in and out of a federal courthouse will void this nonsense.

Look at any paper money...

"This note is legal tender for all debts, public and private"

Do they have any idea what that sentence means? What a bunch of morons.

athensguy's picture

It's ironic that you call them morons for not knowing what "all debts" means.

Before a sales transaction, there is no debt. If there's no debt, then currency may be refused (or banned, as in this case).

JP's picture

Looked up this idiot and he's a Democrat. Ugh! Just goes to show there is stupid on both sides of the party aisles, but conservatives have far more ignoramuses.

If I lived there, I'd ignore it, there is no way this stands up in court.

I know copper wire theft is a problem -- especially in foreclosed homes -- but come on.

sure 'nuff !!


When will government of the people, by the politicians, for the corporations perish from this Earth?

Not soon enough!

OAKTIGER's picture

I would think so and a democrat OH NO that hurts


{OAK}TIGER

MountainMan23's picture

.. aren't all clocks and watches digital ??

..

..

.. sorry!

..

.. not!


When will government of the people, by the politicians, for the corporations perish from this Earth?

Not soon enough!

catch criminals - what's taking so long on Wall Street?

fastfeat's picture

who they want to catch...

It's the old Cops shit: "We pulled this guy over leaving a known drug house." Dude goes to jail, cops seize his assets, "known" house stays untouched. Rinse, repeat.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

Rich H's picture

but I'd better not.

Geronimo.'s picture

Take back control of our currency. Audit and end the private federal reserve system that was implemented in 1913. Put banks on the model of the state bank of North Dakota. Solutions.


"Great minds discuss ideas; average minds discuss events; small minds discuss people." ~ Eleanor Roosevelt

Edwin's picture

I'm sure they'd love to do away with cash (ultimately). That way every cent we spend can be tracked and so can we.


far left loon >.<

BigD145's picture

All plastic costs money to process. It's a win for banks.

Mike Sullivan's picture

Banks charge businesses for cash deposits. It costs money to count and validate cash, and storage and movement of cash entails more costs (e.g., armored cars) than to store and move electronic credit records such as ATM or credit card swipes. Don't assume that cash is cheaper to process than plastic.

Edwin's picture

How will we pay our dealers? VISA?


far left loon >.<

arasta's picture

in chickens.

cpeterka's picture

OK, I go into a Sandwich shop.
They FIRST bought the Bread from a Wholesaler..
They now sell it to me a SECOND TIME in my Sandwich.
Can I pay cash?

How about a soda in McDonalds?
They bought the Coke syrup Wholesale, and now are Re-Selling it to me.

Where's The LAWYERS !!
FIND A COP !!
Arrest McDonalds !


An old retired fart.

(chiefly) drug users and homeless who pilfer copper, brass, construction materials, etc. LE knows that many of these people do not have IDs or debit cards, so they could not, theoretically, reap rewards from cashing in such items. And for the few that do, well, their transactions are now conveniently tracked.

BTW, don't lawyers review any of this shit before it gets passed? Fucking morons.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

OAKTIGER's picture

seems that this may be tird into his contributors stata farm insurance would save them a ton I do like the idea of no cash though but it may hurt the undergrounf economy more than the rich?????


{OAK}TIGER

Bcre8ve's picture

In a world with no cash, what happens to the innocent man whose accounts are "mistakenly" frozen? Is he forced to eat his own arm in order to survive?

solo25's picture

Earlier this year, I needed to make a payment to the IRS, so I took cash to the IRS office in West Palm Beach. I had to take a number and wait more than an hour, When I was called, I went to the payment window and pulled out $700 cash. The person looked at me as though I had bitten her, and said, "We can't take cash". "Excuse me, I'm paying my IRS bill with U.S. currency". "No, we can't take it, you'll have to go to the bank and get a cashier's check, come back, take another number, and wait to be called". And guess what? I did, but what the F**k is going on when the IRS won't take cash?

Joe H.'s picture

Legal Tender Status

Question:

I thought that United States currency was legal tender for all debts. Some businesses or governmental agencies say that they will only accept checks, money orders or credit cards as payment, and others will only accept currency notes in denominations of $20 or smaller. Isn't this illegal?
The pertinent portion of law that applies to your question is the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues."

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.

http://www.treasury.gov/resource-center/faqs/...

--------------------------------------------------------------------------------

Seems to me the IRS should have been required to accept cash..or the debt is relieved.

fastfeat's picture

.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

arasta's picture

"For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy."

thats insane. 99% of such places here will have no problem with cash - for buses, no problem paying in shrapnel (coinage) or low value notes - they are more likely to get the shits with you if you bring out a large note they have to break up with their float. go to a 7-11 with a 50 or even a C note and they will take it. The ATO may be like the IRS tho - there arent very many ATO offices about so the notion of coming in and paying ones tax or other owings with cash isnt really one we are familiar with.

i have only ever used a cheque (check) once or twice in my life so i dunno how stiff the fees are(they do charge tho, as its not common to use anymore). nor am i sure if one bank will take another banks note, i think they do. legal tender is legal tender here, basically. occasionally you will hear someone say that XXX has got up their nose and to spite them they will come in and pay with a bag of 5c pieces - they'd be right put out if someone told them 'thats too much value in coins' or even worse 'we dont take cash'.

nucking futs.

JustMyWords's picture

True, as far as the direct statement that the IRS wouldn't take cash. A business doesn't haven't to accept cash, and can request payment by check, credit card, or whatever. And sometimes there's a very good reason *not* to accept cash - cash is a lot easier to steal or divert than checks or plastic.

But I'm pretty certain that a state law prohibiting the use of cash is going to be tossed out on its ear the first time it's challenged in court. I may be able to say that I won't take cash, but I probably can't tell you that you can't take it.

fastfeat's picture

Only thing I can think of is that other IRS transactions by mail are all cashless. Maybe some required consistency?

That, or their agents aren't trained in identifying bogus bills. And Lord knows people would love to pay the IRS with fakes.

And here I thought that Orange County Probation Dept's not giving change during cash transactions was bad...


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

Tax the Rich's picture

Gives a whole new meaning to the phrase "sorry, your money's no good here."


If I were a psychopath, I would join the republican party, and get in on the gravy train taking the Teabircher morons to the cleaners.

OAKTIGER's picture

hey you me you have to pay a prostitute with a debit card,check, or money order You know what they sell is used


{OAK}TIGER

stonedog38's picture

umm... you do know that they have been taking cards for some time now,right?

from a retail business??


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

thewaronreason's picture

orwell and huxley in high school, know we live in a surreal time that only some could have imagined. once again, today's news is brought to you live from the twilight zone. that actually works on a few levels when you realize the u.s. seems to be suffering from alzheimer's and is on it's way out. sorry to be so pessimistic but even this blog (that i love) pushes the obama or armageddon meme a little too often.

SoCal Liberal's picture

This is the fruit of the "47% don't pay taxes" madness. It's a highly targeted means to track financial transactions by the poor, so the government can extract every possible dime it can from the "freeloaders".

yakfitguy's picture

Cracker State idiots. Sooo.....I'm smelling corruption here. I do merchant account processing for a living. My company is cool, but many others are just sharks like BofA, Citibank, PayPal, etc. They take these business's for a ride by gauging rates and throwing in hidden fees.

Wondering seriously if some legislators were paid off to force LA used good re-sellers to sign up with credit card merchant accounts from these lovely banks. At the very least, they'll have to process checks through them.

More people forced to be customers. This crap will not stand in court.


I don't believe in God. Teach a man to be a good citizen and you have solved the problem of life.
-Andrew Carnegie

wldj's picture

You have to be kidding me I only deal in cash when buying anything, gas, food,clothes Everything I purchase is with cash! No debit card no checks no credit card just cash. I realise what we call money is fake and undervalued but cash is t6he only way to go I don't deal with banks unless I have to. BTW bring a payroll check into a BOA branch and get a 5$ FEE if you don't have an account,bring a personal check and no FEE! Who gets hurt? Working People!


The love you take is equal to the love you make. John Lennon Paul Mc Cartney

digitlburn's picture

...won't hold up in court. Anybody who knows anything about the law knows that the Federal Government controls currency...and IT IS PRINTED RIGHT ON THE MONEY "THIS NOTE IS LEGAL TENDER FOR ALL DEBTS, PUBLIC AND PRIVATE"

The Political Junkie's picture

Billy Joe Bob probably voted for those asshats that's putting him out of business.

This is another episode of "How To Vote Against Your Best Interests..."

fastfeat's picture

.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

Winks's picture

dumbasses...


Winks ;-)

wldj's picture

a contractor and he gave me a check from one of those "service providers" for $55 and I went into a boa bank and they tried to charge me $5 to cash the check! I stupidly said "you mean you will charge me 10% to cash this dumass check" and Yes they replied, I used to have it never cashed it didn't need it at the time but could use it today without the FEE but what can you do? I'm tired of bitching but enough is enough I could sure use it now!!!


The love you take is equal to the love you make. John Lennon Paul Mc Cartney

fastfeat's picture

I get charged it every week to cash my payroll check. Still beats being a customer of theirs...


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

The Political Junkie's picture

you can go to a check cashing place and pay less than 1%, depending on the amount of your check.

Beats giving that money to BofA or Wells Fargo.

they've waived the fees without my request to do so. I think the public outcry about the other $5/mo fee is getting them nervous.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

Liberal AND Proud's picture

Can trade be conducted using livestock?


"Ironic, isn't it Smithers? This anonymous clan of slack-jawed troglodytes has cost me the election, and yet if I were to have them killed, I would be the one to go to jail. That's democracy for you." --Mr. Burns

Straight or gay, BART doesn't appreciate it...


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

Liberal AND Proud's picture

No, but hey...whatever works for ya! LOL.


"Ironic, isn't it Smithers? This anonymous clan of slack-jawed troglodytes has cost me the election, and yet if I were to have them killed, I would be the one to go to jail. That's democracy for you." --Mr. Burns

Nowonmai's picture

I don't see them rushing to a bank to get an EFTPOS machine. I can't see this 'law' being legal.

verylargehat's picture

What about that inscription on our money that says "legal tender for all debts, public and private?" Does the LA legislature have power to trump federal currency?

Paul's picture

.

Kreskin's picture

Unbelievable .


Insanity , it is what it is , there is no understanding it .

Richard Grabman's picture

Of course, I live in Mexico, where paying cash to bureaucrats is usually done to avoid some kind of governmental unpleasantness, so the trend here has been to make you pay various fees, fines, etc. at the bank (they give you the account number) and return with the deposit slip. But the LA cashless sales make no sense. If it's a problem with people selling stolen goods, payments by check would require the seller to show some form of ID... just a badly written law, nothing new there.

Radically Moderate ad infinitum's picture

Has anyone in Louisiana ever heard of master resell rights?


'Talk to the hand'

dmyron's picture

I believe this all started when Reagan started clsing mental health facilities..........

Paul's picture

I would think that LA is infringing upon federal prerogatives. States are not granted the authority to determine what is or is not legal tender for all debts public and private. This law is null and void from it's conceptionm and nobody is under any obligation to obey it.

On further thought, this sounds like a bit of class warfare, too. As the economy goes ever-further into the shitter, and ever more people are excluded from any hope of finding a decent life in this benighted country, things like second hand sales are going to become a lot more prevalent. And, that is probably only a prelude to people, who have no choice, dropping out of the economy and obtaining their life's necessities through barter. Second hand, grey market, black market and barter are the future for those whom this country is abandoning. This move looks like an attempt to make sure that even these avenues are shut down. Just speculating.

Lobbyistless's picture

Why do you all suppose that the Louisiana state legislature doesn't want their citizens to conduct business in the "free market" using cash?

I agree that the oligarchy puts morons into power, or recognizes morons that stumble into places of power. They also recognize those most susceptible to greed.

This is why the entire Republican Party is filled up with the Palins, Bachmans, Santorums and Gohmerts of the world. This is why half of the Democratic Party is filled up with the the Nelsons, Baucuses and Reids of the world.

You either have to be too moronic to understand how much your complicity is killing most of us, or you need to be a sociopath and not care.

If you use cash for a "free market" transaction, there is a possibility that the oligarchy will not get the full amount taxes they want to redistribute to their rich friends at places like failing Wall Street Banks.

If you use cash to complete a "free market" transaction, it is difficult for the banks to monitor your every financial move and keep a close eye on the money supply.

If you cannot use cash to complete a "free market" transaction, this means in some way or another, you will be paying a bank a middle man fee somewhere along the way.

I am not shocked at all that Hardy is a Democrat, because that means nothing these days.


"We lose ourselves when we compromise the very ideals that we fight to defend. And we honor those ideals by upholding them not when it's easy, but when it is hard."

BARACK OBAMA, Nobel Lecture, Dec. 10, 2009

FranklinTurner99's picture

and I wonder how the Tea Partiers in LA who own pawn shops, gun shops, and flea market booths like government intruding into their business and telling them that they can't accept US currency. I think not so much, but "big government" will probably help them and other LA business owners and determine that this law is unconstitutional. If not, you'll see more states try it, because you know that if there's anything that banks like more than fees, it's even more fees from issuing certified and cashiers checks and processing credit card payments.

Donaldd's picture
LAW

No Law Requires Businesses to accept Cash as payment either in US Dollars or Foreign Currency.

They can demand any type of payment they choose. Although in many cases it's a dumb thing to do.

Louisiana has taken that "right" out of their hands and made it state law.


Donaldd

Chicago-gal's picture

When you are purchasing a good, you don't owe money for it. It's not a debt, but a purchase, and they can refuse cash. A seller can demand purchase in any form they like, which is why you can't use cash on airplanes.

I'm not sure how the IRS above refused cash, though I'm sure they did. Maybe if your taxes were overdue, they could be considered "debt"?

It's ridiculous.

Liberal AND Proud's picture

Thanks for the clear grasp of the obvious.


"Ironic, isn't it Smithers? This anonymous clan of slack-jawed troglodytes has cost me the election, and yet if I were to have them killed, I would be the one to go to jail. That's democracy for you." --Mr. Burns

ThatDeborahGirl's picture

From the article Besides non-profit resellers like Goodwill, and garage sales, the language of the bill encompasses stores like the Pioneer Trading Post and flea markets.

Lawyer Thad Ackel Jr. feels the passage of this bill begins a slippery slope for economic freedom in the state.

It is simply hard for me to believe that this law targets thrift stores, goodwill and yard sales. How bizarre. Do our vaunted leaders even think about things anymore or do they just write down the first thing they think of off the top of their heads and pass it into law?

Is it even legal to ban legal tender in the United States? Is this the beginning of a cashless society?

MedfordTim's picture

"Cash is legal tender of the United States government. How can a state legislature ban its usage?"

Gosh, maybe the same way a freakin' convenience store or gas station can refuse to accept anything over a $20? IF they accept cash AT ALL? What country do you people LIVE in?? "All debts public and private" died a quiet death a couple of decades ago - didn't you notice?

This is another in a line of things I was outraged over 10-20 years ago. How many of you have told tellers not to give you anything over a $20 because you can't USE bigger bills anywhere? Why does it take a Louisiana to wake you up to something which is all around us? Why is it different when a state government follows the business world in enacting madness? Again, stop the bitching and DO something about it!

What's next on the outrage list? Iran-Contra??

JustMyWords's picture

There's a difference in a business saying "I won't sell you X unless you pay me with Y," and in the government saying "You can't accept the legal currency of this country for your transactions."

MedfordTim's picture

If you do business in the USA, you should accept USA currency; all denominations.

How could anyone argue with that?

kfreed's picture

"I suspect that Rickey Hardy is doing a solid for his lobbyist buddies in the banking industry."

I suspect you're absolutely correct.


"Nothing so needs reforming as other people's habits." -- Puddin'head Wilson

kfreed's picture

Ya know... anybody who even thinks of going along with this stupidity really is beyond hope.

Civil disobedience. When corporate jackals make idiotic laws such as this one, ignore it. Tell them to shove it where the sun don't shine.

This idiot legislator is simply a Republican in a donkey suit. Will we ever learn?


"Nothing so needs reforming as other people's habits." -- Puddin'head Wilson

Pickwick's picture

Specifically, Revelations 13:16-17: "He also forced everyone, small and great, rich and poor, free and slave, to receive a mark on his right hand or on his forehead, 17so that no one could buy or sell unless he had the mark, which is the name of the beast or the number of his name."

Yep. I think a bunch o' Repugnants and some Dem enablers just voted for the Anti-Christ.

If I really wanted to spread a good whacko conspiracy theory, I would also point out that the bill number, 195, works out in numerology to "6". Just three more to go!

Now I just have one question: is lemonade a resale of a lemon? 'Cuz if it is, I'm going to have to think that unemployment lemonade stand I was planning...

starbrite's picture

How does David Vitter pay for his hookers? Unless they're all virgins, unused, innocent and willing, he's buying second-hand goods. He should be asked this question when he's out campaigning. His answer will be worth having on tape.

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