Regular Session 2023-2024 House Bill 0791 P.N. 1754

PRIOR PRINTER'S NOS. 751, 1652

PRINTER'S NO. 1754

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

791

Session of

2023

INTRODUCED BY ISAACSON, KAUFFMAN, NEILSON, SCHLOSSBERG,

T. DAVIS, BURGOS, CEPEDA-FREYTIZ, DEASY, DELLOSO, GALLAGHER,

GIRAL, GUENST, HILL-EVANS, HOHENSTEIN, KINKEAD, KINSEY,

MADDEN, PARKER, SAMUELSON, SANCHEZ, TOMLINSON, VITALI,

WARREN, BOYLE, GILLEN, MALAGARI, GREEN AND McNEILL,

APRIL 3, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 27, 2023

AN ACT

Amending the act of October 9, 2008 (P.L.1408, No.113), entitled

"An act requiring scrap processors and recycling facility

operators to collect certain information relating to the

purchase of scrap material; requiring commercial accounts;

and restricting scrap processors and recycling facility

operators from purchasing certain materials," further

providing for identification requirements for sale of scrap

materials to scrap processors and recycling facility

operators and for penalties; AND IMPOSING PENALTIES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 3 and 7 of the act of October 9, 2008

(P.L.1408, No.113), known as the Scrap Material Theft Prevention

Act, are amended by adding subsections to read:

SECTION 1. SECTIONS 3(A) AND (B) AND 7(A) OF THE ACT OF

OCTOBER 9, 2008 (P.L.1408, NO.113), KNOWN AS THE SCRAP MATERIAL

THEFT PREVENTION ACT, ARE AMENDED AND THE SECTIONS ARE AMENDED

BY ADDING SUBSECTIONS TO READ:

Section 3. Identification requirements for sale of scrap

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materials to scrap processors and recycling facility

operators.

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(A) GENERAL RULE.--A SCRAP PROCESSOR AND RECYCLING FACILITY

OPERATOR SHALL COLLECT THE FOLLOWING INFORMATION FOR ALL

TRANSACTIONS BY A SELLER OF RESTRICTED MATERIAL UNDER SECTION 5

AND FROM ANY OTHER SELLER WHEN THE PURCHASE OF SCRAP MATERIAL

FROM THE SELLER EXCEEDS $100 OR THE SCRAP MATERIAL BEARS A NAME

OR MARK UNDER 54 PA.C.S. CH. 15 (RELATING TO REUSABLE MARKED

ARTICLES AND RECEPTACLES):

(1) A PHOTOCOPY OF THE DRIVER'S LICENSE OF THE SELLER.

(2) THE SELLER'S AND BUYER'S SIGNATURE FOR EACH

TRANSACTION.

(3) THE LICENSE PLATE NUMBER OF THE MOTOR VEHICLE THE

SELLER OPERATES AT THE TIME OF THE TRANSACTION.

(4) WRITTEN PERMISSION OF THE SELLER'S PARENT OR LEGAL

GUARDIAN, IF THE SELLER IS UNDER 18 YEARS OF AGE.

(5) THE DATE AND TIME OF THE TRANSACTION.

(6) A DESCRIPTION OF THE SCRAP MATERIAL INCLUDED IN THE

TRANSACTION, INCLUDING THE WEIGHT OF THE SCRAP MATERIAL AND

THE AMOUNT PAID TO THE SELLER.

(a.1) Additional requirements for catalytic converters.--A

scrap processor and recycling facility operator shall collect

the following in addition to the information required under

subsection (a) if the transaction includes a catalytic

converter:

(1) The year, make, model and vehicle identification

number of the vehicle from which the catalytic converter was

removed.

(2) A photograph of the catalytic converter.

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(3) A photograph of the seller.

(B) TRACKING THE TRANSACTION.--A SCRAP PROCESSOR AND

RECYCLING FACILITY OPERATOR SHALL[, WHEN PAYMENT IS MADE IN

CASH,] DEVELOP METHODS OF TRACKING [A TRANSACTION THAT OBTAINS

THE SELLER'S SIGNATURE ON A RECEIPT FOR THE TRANSACTION. THE

RECEIPT SHALL INCLUDE A CERTIFICATION THAT THE SELLER IS THE

OWNER OR AUTHORIZED SELLER OF THE SCRAP MATERIAL.] ANY

TRANSACTION THAT REQUIRES THE SCRAP PROCESSOR OR RECYCLING

FACILITY OPERATOR TO OBTAIN THE INFORMATION UNDER SUBSECTION

(A).

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(c.1) Holding period for transactions involving a catalytic

converter.--If a transaction between a scrap processor and

recycling facility operator and a seller includes a catalytic

converter, in addition to the requirements under subsection (c),

the following shall apply:

(1) Except as provided under paragraph (2), the scrap

processor or recycling facility operator shall withhold

payment to the seller for 48 hours.

(2) If a hold is in place under subsection (c), the

scrap processor or recycling facility operator shall withhold

payment until the hold is lifted by law enforcement or a

magisterial district judge under subsection (c).

(3) During a holding period under subsection (c) or this

subsection, the scrap processor or recycling facility

operator shall keep the catalytic converter intact and safe

from alteration, damage or commingling and shall place an

identifying tag or other suitable identification upon the

scrap metal.

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(E) PENALTIES.--A SCRAP PROCESSOR OR RECYCLING FACILITY

OPERATOR THAT FAILS TO COLLECT THE INFORMATION REQUIRED BY

SUBSECTION (A) IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE

AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT

LESS THAN $5,000.

Section 7. Penalties.

(A) SCRAP PROCESSOR AND RECYCLING FACILITY OPERATOR

PENALTIES.--EXCEPT AS PROVIDED UNDER SECTION 3(E) AND 6.2(G), A

SCRAP PROCESSOR AND RECYCLING FACILITY OPERATOR WHO VIOLATES

THIS ACT COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION,

BE SENTENCED TO PAY A FINE OF UP TO $2,500. A SECOND OR

SUBSEQUENT VIOLATION SHALL BE CLASSIFIED AS A MISDEMEANOR OF THE

THIRD DEGREE.

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intentionally possesses a detached catalytic converter that is

not affiliated with a commercial account with proper

justification commits a misdemeanor of the third degree.

Section 2. This act shall take effect in 60 days.

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