PRINTER'S NO. 99
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
134
Session of
2017
INTRODUCED BY MOUL, TAYLOR, SCHLOSSBERG, FARRY AND GABLER,
JANUARY 23, 2017
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 23, 2017
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 title of act, for findings, for short title and
for definitions; providing for identification requirements
for sale of second-hand goods to second-hand dealers; and
further providing for law enforcement, for penalties and for
preemption.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title, findings and section 1 of the act of
October 9, 2008 (P.L.1408, No.113), known as the Scrap Material
Theft Prevention Act, are amended to read:
AN ACT
Requiring second-hand dealers, scrap processors and recycling
facility operators to collect certain information relating to
the purchase of previously owned, used, rented or leased
tangible personal property and scrap material; requiring
commercial accounts; and restricting scrap processors and
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recycling facility operators from purchasing certain
materials.
The General Assembly finds that:
(1) The theft and resale of personal property is
increasingly prevalent in this Commonwealth.
[(1)] (2) Copper, aluminum, steel and other metal
commodity thefts rise as the price of metal property
increases.
[(2) Scrap] (3) Second-hand dealers, scrap processors
and recycling facility operators may serve as unknowing
conduits for the disposition of stolen [metal] property and
may also be victims of theft.
[(3)] (4) Individuals have found it to be more
financially advantageous to sell used beer kegs to a scrap
processor or recycling facility operator as opposed to
returning the kegs to the distributor where they were rented.
[(4)] (5) This act is needed to ensure appropriate
documentation of transactions to assist law enforcement
agencies to identify, recover and return stolen property to
its owner and to ensure, as reasonably as possible, that
second-hand dealers, scrap processors and recycling facility
operators are less likely to be used as conduits for the
liquidation and disposal of stolen metal or personal
property.
Section 1. Short title.
This act shall be known and may be cited as the Second-Hand
Goods and Scrap Material Theft Prevention Act.
Section 2. The definitions of "buyer" and "seller" in
section 2 of the act are amended and the section is amended by
adding definitions to read:
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Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Antique dealer." A person, company, corporation or member
or members of a partnership or firm who sell exclusively goods
that are at least 50 years old.
* * *
"Buyer." The owner, operator or employee of a second-hand
dealer, scrap processor or recycling facility.
* * *
"Exempted Internet sales." Offers for sale of items of
second-hand personal property available on a website where the
items listed for sale:
(1) May be viewed by any member of the general public at
no charge.
(2) May be searched by any member of the general public
at no charge by zip code or state in which the second-hand
personal property offered for sale is located.
(3) Are assigned a unique item listing number by the
website.
(4) Are provided, in a timely manner, at no additional
charge to the second-hand dealer, to a unified, nationally
available database that is searchable by item description and
by seller, that may be accessed by a law enforcement agency
with adequate security features and privacy protections, upon
confirmation that such access is reasonably necessary for an
ongoing investigation of a crime.
* * *
"Second-hand dealer." Any person, company, corporation or
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member or members of a partnership or firm whose storefront
business includes any volume of selling or receiving previously
owned, used, rented or leased tangible personal property. The
term shall not include the following:
(1) Auction houses.
(2) Flea markets.
(3) Dealers in precious metals.
(4) Antiques dealers.
(5) Pawn brokers.
(6) Motor vehicle dealers.
(7) The sale of second-hand goods at events commonly
known as "garage sales," "yard sales" or "estate sales."
(8) The sale or receipt of second-hand books, magazines,
postcards or postage stamps.
(9) The sale or receipt of used merchandise donated to
recognized nonprofit, religious or charitable organizations
or any school-sponsored association for which no compensation
is paid.
(10) The sale or receipt of second-hand furniture,
clothing or shoes.
(11) The sale of goods exclusively via the Internet that
meets the definitions of "exempted Internet sales."
(12) Federally licensed firearm dealers.
(13) The retail sale or purchase of goods, produce or
other food products to a consumer by a person, company,
corporation, member or members of a partnership or firm from
a local location that the person, company, corporation,
member or members of a partnership or firm own or lease.
"Second-hand good." Any previously owned, used, rented or
leased tangible personal property excluding exempt dealers or
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goods enumerated within this section.
"Seller." Any person, other than a commercial enterprise,
who sells previously owned, used, rented or leased tangible
property or scrap materials to a second-hand dealer, scrap
processor or recycling facility operator.
Section 3. The act is amended by adding a section to read:
Section 3.1. Identification requirements for sale of second-
hand goods to second-hand dealers.
(a) General rule.--A second-hand dealer shall collect the
following information for all transactions by a seller of
second-hand goods when the purchase of second-hand goods from
the seller exceeds $20:
(1) A photocopy of the driver's license or government-
issued ID of the seller if the seller is over 18 years of
age.
(2) The signature and photocopy of the driver's license
or government-issued ID of the parent or legal guardian of
any seller under 18 years of age.
(3) The seller's and buyer's signature for each
transaction.
(4) The date and time of the transaction.
(5) A description of the second-hand good included in
the transaction and the amount paid to the seller.
(b) Tracking the transaction.--A second-hand dealer 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 second-hand
good.
(c) Maintenance of records.--The information required by
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this section shall be maintained by the second-hand dealer for a
minimum of one year from the date of the transaction.
Section 4. Sections 6, 7 and 8 of the act are amended to
read:
Section 6. Law enforcement.
A second-hand dealer, scrap processor and recycling facility
operator shall disclose seller registration information required
by this act during normal business hours to any investigative or
law enforcement officer or any person acting at the direction or
request of an investigative or law enforcement officer to
investigate suspected criminal activities.
Section 7. Penalties.
(a) Scrap processor and recycling facility operator
penalties.--Except as provided under section 6.2(g), a second-
hand dealer, 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.
(b) Motor vehicle penalties.--Upon a conviction of an
offense under 18 Pa.C.S. ยง 3921 (relating to theft by unlawful
taking or disposition) or 3925 (relating to receiving stolen
property) that relates to the theft of scrap material or the
transportation of stolen scrap material, the court may order the
impoundment of any vehicle used in the act of theft of scrap
material or the transportation of stolen scrap material. For the
first offense, a vehicle may be impounded for at least 30 days,
but not more than 60 days. For a second or subsequent offense
involving the same motor vehicle, the vehicle may be impounded
for at least 60 days, but not more than 180 days. The person
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convicted shall be responsible for any fees associated with or
related to the impoundment of the vehicle.
Section 8. Preemption.
This act shall preempt and supersede any local ordinance or
rule adopted after the effective date of this act which seeks to
regulate the processing of second-hand goods or scrap materials.
Section 5. This act shall take effect in 60 days.
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