H1092B1136A04203 SFR:EJH 05/19/22 #90 A04203
AMENDMENTS TO HOUSE BILL NO. 1092
Sponsor: REPRESENTATIVE KAUFFMAN
Printer's No. 1136
Amend Bill, page 1, line 9, by inserting after "operators"
and for penalties
Amend Bill, page 1, line 14, by inserting after "amended"
and the section is amended by adding subsections
Amend Bill, page 2, lines 15 through 22, by striking out all
of said lines and inserting
(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.
( 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).
* * *
(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
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scrap processor or recycling facility 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.
* * *
(e) Penalties.--A scrap processor or recycling facility
operator that fails to collect the information required by
subsection (a) or (a.1) 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 2. Section 7(a) of the act is amended to read:
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.
* * *
Amend Bill, page 2, line 23, by striking out "2" and
inserting
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